Proposal for a Council Regulation (EC) concerning the interruption of certain economic relations with Sierra Leone
Date: 1997-10-29
Institutions: European Commission
Subjects: Sierra Leone, UN Security Council, economic relations, international sanctions, petroleum product

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.10.1W 
COM(97) 545  final 

Proposal for a 

COUNCIL REGULATION (EC) 

concerning the interruption  of certain economic relations with Sierra Leone 

COMMON POSITION 

defined by the Council on the basis of Article J.2 of the Treaty on European 
Union concerning measures to be taken in relation to Sierra Leone in view of 
relevant decisions of the Security Council of the United Nations, in particular 
its Resolution 1132(1997) 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

The Security  Council  of  the United Nations  adopted  on  8 October  1997  Resolution 
1132 (1997) imposing sanctions on Sierra Leone with a view to resolve the crisis  and 
restore  the  constitutional  order  in  that  country.  The  sanctions  consist,  inter  alia,  in  a 
prohibition to supply to Sierra Leone petroleum and petroleum products. 

In order to ensure the implementation of those sanctions, which fall  under the scope of 
the Treaty establishing  the European  Community,  a Regulation  has  to be  adopted  by 
the Council on the basis of a proposal of the Commission. 

Such a proposal is hereby presented. 

With  regard  to  individual  provisions  of  the  proposal  the following  comments  can  be 
given. 

to  use  both  Article  73g  and  Article  228a  as  legal  basis,  since  it  is 
It  is  proposed 
assumed  that 
financial  activities  or  capital  movements  may  take  place,  which, 
although  related  to  the  commercial  transactions  envisaged,  may  form  separate 
transactions which would not fall  under the scope of Article 228a. 

Since the Security Council has based its decision on sanctions against Sierra Leone 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, 
there will exist no incompatibility  of the Regulation  with  the provisions  of  the Lome 
Convention. 

Paragraph  1  of  Article  1  prohibits  the  export  to  Sierra  Leone  of  petroleum  and 
petroleum  products.  In  order  to  create  legal  certainty  a  precise  description  of  the 
products  with  corresponding  harmonised  customs  classification  codes,  is  given  in 
Annex  I to the Regulation. The descriptions  are identical  to those used in the case of 
the existing  sanctions  against  Angola,  as  implemented  by Council  Regulation  (EEC) 
No 2967/93. 
Paragraph 2 contains the rather extensive prohibition of arms exports, and paragraph 3 
the usual provision to prevent circumvention  in any form of the prohibition. 

A 

Article  2 provides  for  certain  exceptions  to the prohibitions. The exceptions  are only 
applicable  after  prior  consent  of  the  UNSC  Committee  established  under  UNSC 
Resolution  1132  (1997).  The  Committee  may,  furthermore, 
impose  additional 
requirements necessary for  an effective  monitoring of  allowed deliveries. 
Communications  with  the  said  Committee  should  follow  the  usual  route  by  the 
competent  national  authorities  of  Member  States,  whose  names  and  addresses  are  to 
be found in Annex II to the Regulation. 

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 an optimal 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). 

With  a view to a coherent  sanctions policy  regarding  Sierra Leone  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). 

Given  the chance that within the framework  of the present  sanctions  the UN  Security 
Council or the said Committee might take decisions which would make it necessary  to 
change  or  supplement  Annex  I  and  changes  or  supplements  might  also  become 
necessary  in  respect  of  names  and/or  addresses  of  the  competent  authorities  of  the 
Member  States  contained  in  Annex  II,  it  is  proposed  that  the  Commission  be 
empowered to amend or supplement Annex I on the basis of these decisions of the UN 
Security  Council  or  said  Committee,  and  Annex  II  on  the  basis  of  pertinent 
information  from  the competent authorities of Member States. (Article 6). 

The other Articles contain the usual provisions regarding the territorial  limits of the 
applicability of the Regulation and the date of applicability. In view of an expected 
timely adoption by the Council of the Regulation  and of the existing empowerment by 
the UN Security Council of ECOWAS (Economic Community  of West  African 
States)  to inspect and verify  cargoes and destinations of maritime transport moving 
into Sierra Leone, it is not thought necessary to have the Regulation to apply 
retroactively  as of the date of adoption of Resolution  1132 (1997). 

£ 

COUNCIL REGULATION (EC) No ...797 

concerning the interruption of certain economic relations with Sierra Leone 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing  the European Community,  and in particular 
Articles 73g and 228a, 

defined  by  the 
Having  regard  to  the  common  position  of 
Council  on  the  basis  of  Article  J.2  of  the  Treaty  on  European  Union  concerning 
measures to be taken in relation to Sierra Leone in view  of  the relevant decisions of 
the Security Council of the United Nations, in particular its Resolution  1132 (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 Resolution  1132 (1997) that all  States shall take 
certain  measures  with  regard to Sierra Leone  in order to contribute  to  resolving  the 
crisis  in  Sierra  Leone  and  obtaining  the  peaceful  restoration  of  the  constitutional 
order in that country, 

Whereas certain of these measures fall  under the scope of the Treaty establishing the 
is  necessary  to 
European  Community  and,  therefore,  Community 
implement the pertinent decisions of the Security Council as far as the territory of the 
European Community is concerned, such territory being deemed to encompass, for the 
purposes of this Regulation, the territories of the Member States to which the Treaty 
establishing the European Community is applicable, under the conditions laid down in 
that Treaty, 

legislation 

1 ) OJ L.... dd 

p. 

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; 

Whereas,  therefore,  the  fourth  ACP-EEC  Convention,  signed  in  Lomé  on  15 
December  1989, to which the Community and Sierra Leone are parties, does not pose 
an obstacle to the application of the said Security Council measures, 

Whereas the competent  authorities  of  the  United  Nations  might  change  the  product 
coverage  of  the  sanctions  against  Sierra  Leone,  and,  therefore,  Annex  I  to  this 
Regulation might have to be amended accordingly, 

Whereas  the  Security  Council  resolution  provides  for  certain  exceptions  to  the 
restrictions imposed on the condition  of prior approval  of the Committee  established 
by  Resolution  1132  (1997),  and  of  respect  of  certain  arrangements  for  monitoring 
delivery, 

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 
supplement  and/or  amend  Annex  I  to  this  Regulation  on  the  basis  of  pertinent 
decisions by the competent authorities of the United Nations or, in the case of Annex 
II, on the basis of notifications by the  competent authorities of Member States, 

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 Sierra Leone; 

2.  to sell  or supply  in the territory of  Sierra Leone  arms and related  matériel  of  all 
types,  including  weapons  and  ammunition,  military  vehicles  and  equipment, 
paramilitary  equipment  and  spare  parts  and  related 
the 
aforementioned; 

technology  for 

3.  any activity the object  or effect  of  which  is, directly  or indirectly,  to promote the 
transactions or activities mentioned under this Article. 

(f 

The prohibition of Article  1  shall not apply in cases of 

Article 2 

a. supplies to the democratically-elected Government of Sierra Leone, at its request, 
and 

b. supplies for  humanitarian purposes or the needs of the Military Observer Group of 
ECOWAS  (ECOMOG),  at  the  request  of  other  governments  or  United  Nations 
Agencies, 

on  the  condition  that,  through  the  competent  national  authorities,  a  non-objection 
declaration  has been obtained from the United Nations Security Council  Committee 
created pursuant to Resolution  1132 (1997), and the arrangements determined by this 
Committee for effective monitoring of delivery are being fully respected. 

The  names  and  addresses  of  the  competent  national  authorities  are  contained  in 
Annex H. 

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  order  to  give  effect  to  Article  4  of  Council 
Regulation (EEC) No 2967/93.2) 

2) O J L 2 81  dd. 29.10.93, p.1 

S" 

Article 5 

The  Commission  and  the  Member  States  shall  inform  each  other  of  the  measures 
taken under this Regulation  and supply each other with other relevant  information at 
their  disposal  in  connection  with  this  Regulation,  such  as  violations  and  other 
enforcement  problems,  judgements  made  by  national  courts  or  decisions  by  the 
Committee established by Resolution  1132 (1997) of the Security Council. 

Article 6 

The European Commission  is hereby empowered to supplement and/or amend Annex 
I  to  this  Regulation  on  the  basis  of  the  information  supplied  by  the  competent 
authorities of the United Nations or, in the case of Annex II, of  the Member States. 

Such supplement and/or amendments shall  be published in the Official  Journal of the 
European Communities. 

Article 7 

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 8 

This  Regulation  shall  enter  into  force  on  the  day  of  its  publication  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, 

1997 

For the Council 

The President 

I 

CN  code 

2709 

2710 

21U 

2712 10 

2712 20 00 

ex 2712 90 

2713 

2714 

ANNEX  I 

Product  description 

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 

271500 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 

. 

Benzene 

2902 30 

Toluene 

2902 4100 

o-Xylene 

2902 42 00 

m-Xylene 

2902 43 00 

p-Xylene 

2902 44 

Mixed xylene isomers 

2902 5000 

Styrene 

2902 60 00 

Ethylbenzene 

2902 7000 

Cumene 

2905 11  00 

Methanol (methyl alcohol) 

3403 19 10 

38112100 

3823 90 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 

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 
Names and addresses of the  authorities referred to in Article 1 

BELGIE -  BELGIQUE 

Ministère des Affaires Entrangères, du Commerce Extérieur et de la Coopération 
au Développement 
Egmont  1,  rue des Petits Carmes 19 
1000 Bruxelles 
Direction des relations économiques et bilatérales extérieures 
a) Service Afrique du Sud du Sahara (B.22), tel. 0032 2 501 85 77, 
b) Coordination de la politique commerciale (B.40) tel. 0032 2 501 83 20, 
c) Service Transports (B.42), tel. 0032 2 501 37 62 

Fax  00 32 2 501 88 27 

Ministerie van Buitenlandse Zaken, Buitenlandse Handel en 
Ontwikkelingssamenwerking 
Egmont  1, Kleine Karmelietenstraat 19 
1000Brussel 
Diectie buitenlandse economische en bilatérale relaties 
a)  Dienst Afrika ten zuiden van de Sahara (B.22) tel 0032 2 501 85 77, 
b) Coordinatie van de handelspolitiek (B.40) tel. 0032 2 501 83 20, 
c) Dienst Transport (B.42) tel. 0032 2 501 37 62 

Fax 0032 2 5051 88 27 

Minstère des Affaires  Economiques 
A.R.E. 4a Division. Service des Licenses 
Avenue du Général Léman 60 
1040 Bruxelles 
tel.  0032 2 206 58  16/27, fax 230 83 22 

Ministerie van Economische Zaken 
A.R.E. 4e Divisie. Dienst der Vergunnningen 
Generaal Lémanlaan 60 
1040Brussel 
tel 0032 2 206 58  16/27, fax 230 83 22 

DANMARK 

Danish Agency for Trade and Industry 
Tagensvej 137 2200 Kobehavn N. 
Tel.  +45-35-868686 

Fax.  +45-35-868687 

Ministry of Foreign Affairs, 
Asiatisk Plads 2 
Tel. +45-33-920000 / 33-920909 

Department  S.7 

1448 Copenhagen  K. 

Fax. +45-31540533 

Danish Agency for Trade and Industry 
Jeanne Lorentzen, desk officer 
Tel.  +45-35-868489 
Niels Hoeing, assistant 
Tel. +45-35-868485  Fax. +45-35-868575 

Fax.  +45-35-868575 

Ministry of Foreign Affairs 
Peter Lysholt Hansen, Head of Department  S.7 
Tel. +45-33-920901 
Gert Meinecke, desk officer 
Tel. +45-33-920926  Fax. +45-33-921802 

Fax. +45-33-921802 

DEUTSCHLAND 

Bundesausfuhramt (BAFA) 
Frankfurter StraBe 29-35 
65760 Eschbom 

Bundesanstalt fur Landwirtschaft  und Emâhrung (BLE) 
Adickesallee 40 
60322  Frankfurt 

Bundesamt fur Verkehr 
Réf. LR 13 
Postfach 200100 
53170 Bonn 

ELLADA 

Ministry of Foreign Affairs 
Ambassador Nikolaos Chatoupis 
Directorate A7 
Zalokosta 1 
106 71 Athens 
tel. 00301 361 00  12, fax 361 00 96/645 00 49 

Ministry of National Economy 
Secretariat General for International Economic Relations 
Directorate General for External Economic and Trade  Relations 
Director Th. Vlassopoulos 
tel. 00301  32 86 401 -3, fax 32 86 404 

Directorate of Procedure of External Trade 
Directors: I. Tseros, tel. 00301  32 86 021/23, fax 32 86 059 

A. Iglessis, tel 00301  32 86 051, fax 32 86 094 

Ermou and Kornarou 1 
105 63 Athens 

ESPANA 

Ministerio de Economia y Hacienda 
Subdireccion General de Politica Arancetaria y de 

Instrumentas de  Defensa 

Comercial 

Sr. Manuel MORENO  (PL 7 - Desp. 3) 
tefno.  0034  1 349 38 95, Faxno. 349 38 02 
Direccion: Paseo de la Castellana,  162,  MADRID 

FRANCE 
IRELAND 

Department of Public Enterprise 
Aviation Regulation and International Affairs Division 
44 Kildare Street 
Dublin 2 
tel. 00353  1 670 74 44 
Mr. Brendan Twomey / Mr. Ernest Hartman 

Fax: 670 74 11 

ITALIA 

^0 

Ministerio Affari Esteri - ROMA 
D.G.A.E.  - Uff. X 
tel. 00396 - 36 91 37 50  - Fax: 36 91 37 52 

Ministerio Commercio Estero - ROMA 
Gabinetto 
Tel. 00396 - 59 93 23 10 - Fax: 59 64 74 94 

Ministerio dei Trasporti - ROMA 
Gabinetto 
Tel. 00396 - 44 26 71  16/84 90 40 94 - Fax: 44 26 71  14 

LUXEMBOURG 
NEDERLAND 

Ministerie van Buitenlandse Zaken 
Directie Verenigde  Naties, afdeling Politieke Zaken 
Den Haag 
tel. 0031  - 70 - 348 42 06 - Fax: 348 67 49 

ÔSTERREICH 

Bundesministerium fur wirtschaftliche  Angelegenheiten 
Abteilung 11/A/2 
LandstraBer  HauptstraBe 55 - 57 
1030 Wien 

ad. Art. 1 (4): 
Bundesministerium fur Wissenschaft  und Verkehr 
Oberste Zivilluftfahrtbehôrde  (OZB) 
RadetzkystraBe  2 
1030 Wien 

PORTUGAL 

Ministerio dos Negôcios Estrangeiros 
Sra. Monica Lisboa 
Direcçâo-General Assuntos Multilaterais 
Lisboa 

SUOMI /  FINLAND 

Ulkoasiainministerio  PL 176 / Utrikesministeriet  PB 176 
00161  Helsinki 

/ 00161  Helsingfors 

SVERIGE 

Regeringskansliet 
Utrikesdepartementet 
Râttssekretariatet for EU-fràgor 
Fredsgatan 6 
SE-103 39 Stockholm 
tel. 0046 8 405  10 00 

Fax: 723  11 76 

UNITED  KINGDOM 

/A 

COMMON  POSITION 

defined by the Council on the basis of Article J.2 of the Treaty on European 
Union concerning measures to be taken in relation to Sierra Leone in view of 
relevant decisions of the Security Council of the United Nations, in particular 
its Resolution  1132(1997) 

THE COUNCIL OF THE EUROPEAN UNION, 

having regard to the Treaty on European Union, and in particular its Article 
J.2, 

whereas on 9 October 1997 the Security Council of the United Nations 
adopted Resolution 1132 (1997) in which it decided, inter alia, that all States 
shall take certain measures in respect of  Sierra Leone in order to contribute 
to resolving the crisis and restoring peacefully the constitutional order in that 
country, 

whereas said Resolution should be implemented within the European Union, 
in accordance with its provisions and those of related Resolutions, and in 
particular the duration of the measures, 

HAS DEFINED THE FOLLOWING COMMON POSITION: 

Article 1 

In relation to Sierra Leone the necessary steps will be taken  to implement 
Resolution 1132 (1997) and related resolutions of the Security Council of the 
United Nations. 

Article 2 

This Common Position will enter into force on the date of its adoption. 

It shall be published in the Official Journal. 

Done at  .... 1997 

For the Council 
The President 

/ii 

ISSN 0254-1475 

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