COUNCIL REGULATION (EEC) No 2967/93 of 25 October 1993 prohibiting the supply of certain goods to Unita
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Whereas the United Nations Security Council, acting under Chapter VII of the Charter of the United Nations, adopted resolution 864 (1993) on 15 September 1993 concerning the measures all States have to take with regard to trade with Angola in order to obtain compliance by Unita with previous demands made by the Council and to implement the 'Acordos de Paz';
Whereas the Security Council has also called upon the United Nations Member States to apply these measures notwithstanding the existence of any rights or obligations conferred or imposed by any international agreement signed, any contract entered into or any licence or permit granted before the date of adoption of the said resolution; whereas, therefore, the fourth ACP-EEC Convention signed in Lomé on 15 December 1989, to which the Community and Angola are parties, does not pose an obstacle to the application of the said Security Council measures;
Whereas the Community and its Member States, meeting within the framework of political cooperation, have expressed their strong support for these measures;
Whereas, under these conditions, it is appropriate for the Community to carry out the said Security Council resolution in its field of trade;
Whereas, pursuant to the said resolution, the measures decided upon are applied by the Member States of the United Nations on the basis of notification, by the Secretary-General of the United Nations, of the points of entry of the territory of Angola which are not affected by the said measures, as communicated to him by the Government of Angola; whereas such notification reached the Community on 7 October 1993;
Whereas the Community and its Member States have agreed to have recourse to a Community instrument in order to ensure, inter alia, uniform application of these measures throughout the Community;
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
HAS ADOPTED THIS REGULATION:
Article 1
1. As from 7 October 1993 the following shall be prohibited:
- the sale or supply of the petroleum and petroleum products listed in Annex I, whether or not originating in the Community, in the territory of Angola through points of entry other than those referred to in Annex II,
- any activity the object or effect of which is, directly or indirectly, to promote the transactions referred to in the first indent.
2. The Commission is hereby empowered to amend the list which appears in Annex II on the basis of the corresponding notifications given by the Secretary-General of the United Nations. Such amendments shall be published in the Official Journal of the European Communities.
Article 2
The sale or supply to Angola of the petroleum and petroleum products listed in Annex I which is not prohibited pursuant to Article 1 shall be subject to prior authorization to be issued by the competent authorities of the Member States.
Article 3
This Regulation shall apply notwithstanding any rights conferred or obligations imposed by any international agreement signed or any contract entered into or any licence or permit granted before the entry into force of the Regulation.
Article 4
Each Member State shall determine the sanctions to be imposed where this Regulation is infringed.
Article 5
This Regulation shall apply to the territories of the Member States to which the Treaty establishing the European Economic Community is applicable and under the conditions laid down in that Treaty, including their air space, and on board any aircraft or vessel under the jurisdiction of a Member State, and, elsewhere, to any national of a Member State and to any body incorporated or constituted under the law of a Member State outside the aforementioned territories.
Article 6
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 25 October 1993.