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
Date: 1997-09-24
Institutions: European Commission
Subjects: Angola, UN resolution, application of EU law, economic relations, economic sanctions

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 
imposing  additional  sanctions  on  the  Uniao  Nacional  para  a 
1127  (1997) 
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 
to 
implement the pertinent decisions of the Security  Council, 

is  necessary 

legislation 

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: 

The following shall be prohibited: 

Article 1 

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 ) O JL  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 

2709 

2710 

Petroleum oils and oils obtained from bituminous minerals, crude 

Product  description 

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 

2711 

Petroleum gases and other gaseous hydrocarbons 

2712 10 

Petroleum jelly 

2712 20 00 

Paraffin  wax containing by weight less than 0,75 % of oil 

ex 2712 90 

'Slack wax',  'scale wax' 

2713 

2714 

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 

2715 00 00 

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) 

2901 

Acyclic  hydrocarbons 

2902 11 00 

Cyclohexane 

2902 20 

2902 30 

Benzene 

Toluene 

2902 4100 

o-Xylene 

2902 42 00 

m-Xylene 

2902 43 00 

p-Xylene 

2902 44 

Mixed xylene isomers 

2902 50 00 

Styrene 

2902 60 00 

Ethylbenzene 

2902 70 00 

Cumene 

2905 11 00 

Methanol  (methyl alcohol) 

3403 19 10 

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 

3811 21 00 

3823 90 10 

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 

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ISBN 92-78-24996-3 

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