COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 24.09.1997 
COM(97) 474 final 
Proposal for a 
COUNCIL REGULATION (EC) 
concerning the interruption of certain economic 
relations with Angola in order to induce UNITA to fulfill 
its obligations in the peace process 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
The Security Council of the United Nations adopted on 28 August 1997 Resolution 
1127 (1997) imposing additional sanctions on the Uniao Nacional para a 
Independencia Total de Angola (UNITA) in case of failure by the UNITA to 
implement its obligations under the "Accordos de Paz" of 1993, the Lusaka Protocol 
of 1994 and the relevant Security Resolutions adopted since 1991. 
The sanctions shall be applicable as of 30 September 1997, unless UNITA complies 
with the said obligations. 
The additional sanctions consist, inter alia, in a prohibition to supply to the UNITA 
aircraft or aircraft components, servicing or insuring of aircraft at its disposal, closure 
of UNITA offices and denial of landing, take off or overfly permissions. 
These sanctions are additional to the existing prohibition by the Security Council to 
supply certain petroleum or petroleum products to UNITA. This last prohibition is 
contained in Council Regulation (EEC) No 2967/93. 
In order to ensure the implementation of the additional sanctions, which fall under the 
scope of the Treaty establishing the European Community, an additional Regulation 
has to be adopted by the Council on the basis of a proposal of the Commission. 
For reasons of transparency and simplicity, the Commission has decided to propose a 
Regulation, integrating old and new sanctions, thereby enabling the repeal of 
Regulation (EEC) No 2967/93. 
With regard to individual provisions of the proposal the following comments can be 
given. 
It is proposed to use Article 73g and Article 228a as legal basis, although at first sight 
the implementation of UNSC Resolution requires only the use of Article 228a. The 
main reason for using Article 73g is the prohibition to make available in any form 
any aircraft, which can be understood as including the prohibition to provide capital to 
buy or lease aircraft, or any other financial activity having that effect. Paragraph 6 of 
Article 1 deals with such types of activities. 
As in 1993, when Regulation (EEC) No 2967/93 was adopted, questions might arise 
regarding the compatibility of the Regulation with the fourth Lomé Convention. As in 
1993, the Security Council has based its decision on sanctions against UNITA on 
Chapter VII of the Charter of the United Nations, and, therefore, the UNSC decision 
takes precedence over existing international obligations such as the Lomé Convention. 
Article 1(1) reflects the existing sanctions contained in UNSC Resolution 864 (1993) 
and implemented through Regulation 2967/93, Article 1. The present proposal does 
not contain the provision of Article 2 of that Regulation, i.e. the obligation to obtain 
an export licence for non-prohibited exports. As far as the Commission is aware, this 
provision only adds to the administrative burden of the interested companies without 
adding any significant control. Therefore, its deletion seems advisable. 
Paragraphs 2 to 5 reflect almost literally the prohibitions contained in UNSC 
Resolution 1127 (1997), while paragraph 6 is the usual provision to prevent 
circumvention in any form of the prohibitions. 
Article 2 provides for a number of exceptions to the prohibitions. The exceptions are 
only applicable after prior consent of the UNSC Committee established under UNSC 
Resolution 864 (1993). 
Communications with this Committee will follow the usual route by the competent 
national authorities of Member States. 
Article 3 establishes the rule that existing public or private legal obligations cannot be 
held against the obligations established by the Regulation. 
In order to guarantee the immediate effectiveness of the Regulation it is proposed that 
the sanctions which Member States have introduced in their legislation for cases 
where Regulation (EEC) No 2967/93 is infringed, shall remain applicable for 
infringements of the presently proposed Regulation, as long as no new national 
legislation regarding sanctions concerning the new Regulation has entered into force. 
(Article 4). 
In order to achieve a optimal coherence of the sanctions policy regarding the UNITA 
it is proposed that the Commission and Member States inform each other of measures 
taken under the Regulation and of other relevant data. (Article 5). 
UNSC Resolution 1127 (1997) provides for specific information to be given by the 
government of Angola regarding points of entry for supplies, places in Angola where 
aircraft will be allowed to land or take of and the registration of aircraft. This 
information will be contained in the Annexes provided for in this proposal. As it can 
be expected that over time changes will be required to these data with some urgency, 
it is proposed that the Commission be empowered to amend the Annexes to the 
Regulation in accordance with the changes indicated by the Government of Angola. 
The amendments of the Annexes will be published in the Official Journal of the 
European Communities. 
The same applies with regard to possible changes in the names and addresses of the 
competent authorities of Member States. (Article 6). 
By the integration of the main provisions of Regulation (EEC) No 2967/93 in the 
proposed regulation, the former can be repealed. The result will be that the interested 
economic operators will be faced with only one Regulation dealing with the economic 
sanctions regarding the UNITA. (Article 7). 
The other Articles contain the usual provisions regarding the territorial limits of the 
applicability of the Regulation and the date of applicability as provided for in UNSC 
Resolution 1127 (1997), i.e. 30 September 1997. 
COUNCIL REGULATION (EC) No ...797 
of 
concerning the interruption of certain economic 
relations with Angola in order to induce UNITA to fulfill 
its obligations in the peace process 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, and in particular 
Articles 73g and 228a, 
Having regard to the common position of defined by the 
Council on the basis of Article J.2 of the Treaty on European Union concerning the 
interruption of certain economic relations with Angola in view of the pertinent 
decisions of the Security Council of the United Nations, in particular its Resolutions 
864 (1993) and 1127(1997),') 
Having regard to the proposal from the Commission, 
Whereas the United Nations Security Council, acting under Chapter VII of the Charter 
of the United Nations, decided in its Resolutions 864 (1993) and 1127 (1997) that all 
States shall take certain measures with regard to their economic relations with Angola 
in order to obtain the implementation by the Uniao Nacional para a Independencia 
Total de Angola (UNITA) of its obligations under the "Acordos de Paz", the Lusaka 
Protocol and the relevant Security Council Resolutions, 
Whereas certain of these measures fall under the scope of the Treaty establishing the 
European Community and, therefore, Community legislation is necessary to 
implement the pertinent decisions of the Security Council, 
Whereas the Security Council has also called upon the United Nations Member States 
to apply these measures notwithstanding the existence of any right or obligations 
conferred or imposed by any international agreement signed, any contract entered into 
or any licence or permit granted before the adoption of said resolutions; 
1 ) OJ L.... dd p... 
Whereas, therefore, the fourth APC-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 data contained in the Annexes to this Regulation concerning points of 
entry in Angola for supplies, aircraft registered in Angola and places in Angola for 
aircraft to take off or land shall be based on the data provided by the Government of 
Angola to the Committee created pursuant to Resolution 864 (1993) of the Security 
Council and notified to the Member States of the United Nations by this Committee, 
Whereas the Security Council resolutions provide for certain exceptions to the 
restrictions imposed on the condition of prior approval of said Committee, 
Whereas approval of this Committee should be obtained through the competent 
national authorities of the Member States, whose names and addresses should, 
therefore, be made available in an Annex to this Regulation, 
Whereas, for reasons of expediency, the Commission should be empowered to amend 
the Annexes to this Regulation on the basis of pertinent notifications from the relevant 
Security Council Committee or competent authorities of Member States, 
Whereas, for reasons of transparency and simplicity, the interruption of certain 
economic relations with Angola should be governed by only one legal instrument, 
and, therefore, the provisions of Council Regulation (EEC) No 2967/93 of 
25 October 1993 prohibiting the supply of certain goods to UNITA should be 
incorporated in the present Regulation, and Regulation No. 2967/93 be repealed, 2) 
HAS ADOPTED THIS REGULATION: 
Article 1 
The following shall be prohibited: 
1. to sell or supply 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; 
2 )OJL 268, dd. 29.10.93, p. 1 
S 
2. to supply or make available in any form any aircraft or aircraft components to the 
territory of Angola other than through the points of entry referred to in Annex III; 
3. to provide engineering and maintenance services, certification of airworthiness, 
payment of new claims against existing insurance contracts or provision or renewal of 
direct insurance with respect to any aircraft registered in Angola other than those 
listed in Annex IV, or with respect to any aircraft which entered the territory of 
Angola other than through a point of entry referred to in Annex V; 
4. to permit any aircraft to take off from, land in or overfly the territory of the 
Community if it has taken off from or is destined to land at a place in the territory of 
Angola other than one listed in Annex V; 
5. to start or continue, in any form, any operational activity of any UNITA office; 
6. any activity the object or effect of which is, directly or indirectly, to promote the 
transactions or activities mentioned under this Article. 
Article 2 
The prohibition of Article 1 shall not apply to cases of medical urgency or to flights of 
aircraft carrying food, medicine or supplies for essential humanitarian needs, on the 
condition that, through the competent national authorities, a prior approval has been 
obtained from the United Nations Security Council Committee created pursuant to 
Resolution 864 (1993). 
The names and addresses of the competent national authorities are contained in 
Annex VI. 
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 this Regulation. 
Article 4 
Each Member State shall determine the sanctions to be imposed where the provisions 
of this Regulation are infringed. 
Pending the adoption , where necessary, of any legislation to this end, the sanctions to 
be imposed where the provisions of this Regulation are infringed shall be those 
determined by the Member States in respect of Council Regulation (EEC) 
No 2967/93. 
Article 5 
The Commission and the Member States shall inform each other of the measures 
taken under this Regulation and other relevant information at their disposal in 
connection with this Regulation, such as violation and other enforcement problems or 
judgements made by national courts. 
Article 6 
The European Commission is hereby empowered to amend the Annexes to this 
Regulation on the basis of the information supplied by the competent authorities of 
the United Nations or the Member States. 
Such amendments shall be published in the Official Journal of the European 
Communities. 
Article 7 
Regulation (EEC) No 2967/93 is hereby repealed and replaced by the provisions of 
this Regulation. 
Article 8 
This Regulation shall apply within the territory of the European Community including 
its air space and on any aircraft or any vessel under the jurisdiction of a Member State 
and to any person elsewhere who is a national of a Member State and any body which 
is incorporated or constituted under the law of a Member State. 
> 
Article 9 
This Regulation shall enter into force on the day of its publication in the Official 
Journal of the European Communities. 
It shall apply from 30 September 1997. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 1997 
For the Council 
TTse President 
s 
ANNEX I 
CN code Product description 
2709 
2710 
2711 
2712 10 
2712 20 00 
ex 2712 90 
2713 
2714 
2715 00 00 
2901 
2902 11 00 
2902 20 
2902 30 
2902 4100 
2902 42 00 
2902 43 00 
2902 44 
2902 50 00 
2902 60 00 
2902 70 00 
2905 11 00 
3403 19 10 
3811 21 00 
3823 90 10 Petroleum oils and oils obtained from bituminous minerals, crude 
Petroleum oils and oils obtained from bituminous minerals, other than crude; 
preparations not elsewhere specified or included, containing by weight 70 % or more 
or petroleum oils or of oils obtained from bituminous minerals, these oils being the 
basic constituents of the preparations 
Petroleum gases and other gaseous hydrocarbons 
Petroleum jelly 
Paraffin wax containing by weight less than 0,75 % of oil 
'Slack wax', 'scale wax' 
Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils 
obtained from bituminous minerals 
Bitumen and asphalt, natural; bituminous or oil shale and tar sands; asphalties and 
asphaltic rocks 
Bituminous mixtures based on natural asphalt, on natural bitumen, on petroleum 
bitumen, on mineral tar or on mineral tar pitch (for example, bituminous mastics, 
cutbacks) 
Acyclic hydrocarbons 
Cyclohexane 
Benzene 
Toluene 
o-Xylene 
m-Xylene 
p-Xylene 
Mixed xylene isomers 
Styrene 
Ethylbenzene 
Cumene 
Methanol (methyl alcohol) 
Lubricating preparations (including cutting-oil preparations, bolt or nut release 
preparations, anti-rust or anti-corrosion preparations and mould release preparations, 
based on lubricants) and preparations containing, as basic constituents, 70 % or more 
by weight of petroleum oils or of oils obtained from bituminous minerals but not as 
the basic constituent 
Additives for lubricating oils containing petroleum oils or oils obtained from 
bituminous minerals 
Petroleum sulphonates, excluding petroleum sulphonated of alkali metals, of 
ammonium or of ethanolamines; thiophenated sulphonic acids of oils obtained from 
bituminous minerals, and their salts 
<\ 
ANNEX II 
Points of entry referred to in Article 1 
The airports of Luanda and Katumbela (Benguela province) and the ports of Luanda, 
Malongo (Cabinda province), Lobito (Benguela province) and Namibe (Namibe 
province). 
ID 

ISSN 0254-1475 
COM(97) 474 final 
DOCUMENTS 
EN 05 il 
Catalogue number : CB-CO-97-485-EN-C 
ISBN 92-78-24996-3 
Office for Official Publications of the European Communities 
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