COMMON POSITION of 29 June 1998 defined by the Council on the basis of Article J.2 of the Treaty on European Union concerning Sierra Leone (98/409/CFSP)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and in particular Article J.2 thereof,

Whereas, on 5 June 1998, the United Nations Security Council (UNSC) adopted Resolution 1171 (1998) in which it welcomed the efforts of the Government of Sierra Leone to restore peaceful and secure conditions in the country, to re-establish effective administration and the democratic process and to promote national reconciliation;

Whereas, in the said Resolution the UNSC deplored the continued resistance to the authority of the legitimate government of Sierra Leone and stressed the urgency for all rebels to put an end to the atrocities, cease their resistance and lay down their arms;

Whereas prohibitions imposed by previous UN Security Council Resolution 1132 (1997) have been terminated; whereas Resolution 1171 (1998) should be implemented throughout the European Union,

HAS DEFINED THIS COMMON POSITION:

Article 1

The sale or supply of arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned to Sierra Leone, shall be prohibited, in accordance with UNSC Resolution 1171 (1998) (1), subject to the exceptions set out in Articles 2 and 3.

Article 2

The restrictions referred to in Article 1 shall not apply to the Government of Sierra Leone, provided such supplies will be subject to examination by the UN and its Member States, in accordance with paragraphs 2 and 4 of UNSC Resolution 1171 (1998).

Article 3

The restrictions referred to in Article 1 shall not apply to the sale or supply of arms and related material for the sole use in Sierra Leone of the Military Observer Group of the Economic Community of West African States (ECOMOG) or the United Nations.

Article 4

The Member States shall, in accordance with their national laws, prevent the entry into or transit through their territories of leading members of the former military junta and of the Revolutionary United Front (RUF).

The persons concerned by this measure will be designated in accordance with paragraph 5 of United Nations Security Council Resolution 1171 (1998). Exceptions may be authorised in accordance with the same paragraph 5 of the said Resolution (2).

Nothing in the first paragraph may oblige a Member State to refuse entry into its territory to its own nationals.

Article 5

The effects of Common Position 97/826/CFSP (3) shall be terminated.

Article 6

This Common Position shall take effect on 5 June 1998.

Article 7

This Common Position shall be published in the Official Journal.

Done at Luxembourg, 29 June 1998.

For the Council

The President

R. COOK

(1) Paragraph 2 of UNSCR 1171 (1998) provides for the supply to the Government of Sierra Leone of the items subject to the embargo through named points of entry on a list to be supplied by that Government to the UN Secretary General, who shall promptly notify all Member States of the United Nations of the list.

Paragraph 4 of UNSCR 1171 (1998) provides for the notification of all exports to Sierra Leone of the items subject to the embargo to the Security Council Committee established by Resolution 1132 (1997), that the Government of Sierra Leone shall mark, register and notify to the said Committee all imports made by it of arms and related material and that the said Committee shall report regularly to the UNSC on notifications so received.

(2) Paragraph 5 of UNSR 1171 (1998) provides that the UN Security Council Committee established by UNSCR 1132 (1997) will designate the persons subject to the entry and transit restrictions and may authorise entry into or transit through a particular State of any such person.

(3) OJ L 344, 15. 12. 1997, p. 6.