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'SfÂ COMVIISSION OF THE EUROPEAN COMMUNITIES 
C0M(91)143 final 
Brussels,18 April 1991 
Proposal for a 
COUNCIL REGULATION (EEC) 
amending Council Regulations (BEC) No 2340/90 and 
No 3155/90 preventing trade by the Community as regards 
Iraq and Kuwait 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
1. By Council Regulations (EEC) No 2340/90, as last amended by 
Regulation (EEC) n' 811/91, and No 3155/90, as amended by Council 
Regulation (EEC) No 542/91, the Community es tab 11 shed an embargo on 
trade with Iraq In conformity with the Resolutions of the Security 
Council of the United Nations that were adopted following the 
Invasion and occupation of Kuwait by the Iraqi forces. 
2. By adopting Resolution 687 (1991) the Security Council of the United 
Nations decided on the conditions for a cease-fire between the forces 
of Iraq on the one hand and the allied forces on the other and at the 
same time decided on the modalities of an abolition of the trade 
embargo. 
3. In conformity with Security Council Resolution 687 (1991) the 
Community has to amend Its relevant Regulations, mentioned In 
paragraph 1 In order to give effect to the pertinent paragraphs of 
Security Council Resolution 687 (1991) dealing with the provision of 
medicine, foodstuff and materials and supplies for essential civilian 
needs. 
x 
COUNCIL REGULATION (EEC) No 
Of 
amending Council Regulations (EEC) No 2340/90 and 
No 3155/90 preventing trade by the Community as regards 
Iraq and Kuwait 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Whereas under Regulations (EEC) No 2340/901), as last amended by 
Regulation (EEC) No 811/912), and No 3155/903), as last amended by 
Regulation (EEC) No 542/914), trade between the Community on the one 
hand, and Iraq on the other, was prevented, with certain exceptions, 
following the resolutions of the United Nations Security Council 
establIshlng an embargo after the Invasion of Kuwait by Iraqi forces; 
Whereas the United Nations Security Council has adopted on 3 April 1991 
Resolution 687 (1991); 
Whereas the Community and Its Member States, meeting In the framework of 
political cooperation, consider It necessary to amend Regulations (EEC) 
No 2340/90 and No 3155/90 so as to Incorporate the changes made by the 
Security Council to the prohibitions against the sale or supply to Iraq 
of commodities or products and the prohibitions against the Import of 
commodities and products originating In Iraq; 
1) OJ No L 213, 09.08.1990, p. 1. 
2) OJ No L 82, 28.03.1991, p. 50. 
3) OJ No L 304, 01.11.1991, p. 1. 
4) OJ No L 60, 07.03.1991, p. 5. 
- 2 -
Having regard to the Treaty estabiIshlng the European Economic Community, 
and In particular Article 113 thereof, 
Having regard to the proposal from the Commission, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 2340/90 is amended as follows : 
1. The Annex Is replaced by the text given In Annex I to this 
Regulation. 
2. Article 3 Is replaced by the following text : 
1. Article 1 (2) and Article 2 (2) shall not apply to the products 
listed In the Annex. 
2. Article 1 (1) and Article 2 (1) shall not prevent the 
Introduction Into the territory of the Community 
a) of the commodities or products referred to In Article 1 (1) which 
originate In, or come from, Iraq or Kuwait and are exported 
before 7 August 1990, 
or 
b) of commodities and products originating In Iraq, whose Import Is 
approved, pursuant to paragraph 23 of resolution 687 (1991), by 
the Committee of the Security Council estabi/shed under Security 
Council Resolution 661 (1990). 
Imports of commodities and products under b) above shall be 
subject to a prior Import author/satIon to be Issued by the 
competent authorities of the Member States. 
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Article 2 
Regulation (EEC) No 3155/90 Is amended as follows : 
1. Annex I shall be replaced by the text given In Annex II to this 
Regulation. 
2. Article 5 Is deleted. 
Article 3 
The provisions of Articles 1 and 2 of this Regulation shall be appiIcable 
as of 3 April 1991. 
Article 4 
This Regulation shall enter Into force on the day of its publIcatlon 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 Brussels, 
For the Council 
The President 
AHNEX I 
ANNEX 
LIST OF PRODUCTS REFERRED TO IN ARTICLE 3 (1) 
A. All products Intended strictly for medical purposes. 
B. Foodstuffs notified to the Committee estabiIshed under Security 
Council Resolution 661 (1990). 
C. Materials and supplies for essential civilian needs, which are 
approved by the above-mentioned Security Council Committee under Its 
simplified and accelerated "no-object/on" procedure within the terms 
of resolution 687(1991). 
JWraE/LjLL 
ANNEX I 
1. Member States, notwithstanding the existence of any rights or 
obitgat tons conferred or Imposed by any International agreement or 
any contract entered Into or any licence or permit granted before the 
entry Into force of this Regulation, shall deny permission to any 
aircraft to take off from their territory If the aircraft were 
carrying any cargo to or from Iraq other than goods and supplies, 
listed In the Annex to Council Regulation (EEC) No 2340/90, or 
supplies Intended solely for UNIIMOG. 
2. Member States shall deny permission to any aircraft destined to land 
In Iraq, whatever Its State of registration, to overfly Its territory 
unless: 
(a) the aircraft lands at an airfield designated by that Member State 
outside Iraq, In order to permit Its Inspection to ensure that 
there Is no cargo on board In violation of Resolution 661 (1990) 
or Resolution 670 (1990), and for this purpose the aircraft may 
be detained for as long as necessary; or 
(b) the particular flight has been approved by the Committee 
estabiIshed by Resolution 661 (1990); or 
(c) the flight Is certified by the United Nations as solely for the 
purposes of UNIIMOG. 
3. Member States shall take all necessary measures to ensure that any 
aircraft registered In their territory or operated by an operator who 
has his principal place of business or permanent residence In their 
territory complies with the provisions of Resolutions 661 (1990), 
670 (1990) and 687 (1991). 

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