PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING COUNCIL REGULATIONS ( EEC ) NO 2340/90 AND NO 3155/90 PREVENTING TRADE BY THE COMMUNITY AS REGARDS IRAQ AND KUWAIT
Date: 1991-04-18
Institutions: European Commission
Subjects: Iraq, Kuwait, economic sanctions, foodstuff, medicinal product, trading operation

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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, 

2)  OJ  No  L  82,  28.03.1991, 

3)  OJ  No  L  304,  01.11.1991, 

4)  OJ  No  L  60,  07.03.1991, 

p. 

p. 

p. 

p. 

1. 

50. 

1. 

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. 

- 3 -

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 
estabiIshed  by  Resolution  661  (1990);  or 

flight 

has  been  approved  by  the  Committee 

(c) 

the  flight 
Is  certified 
purposes  of UNIIMOG. 

by  the  United  Nations  as  solely 

for 

the 

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). 

iSISSKM)25«475 

COM (91') "143  final 

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