Council Regulation (EC) No 1705/98 of 28 July 1998 concerning the interruption of certain economic relations with Angola in order to induce the 'União Nacional para a Independência Total de Angola" (UNITA) to fulfil its obligations in the peace process, and repealing Council Regulation (EC) No 2229/97
Date: 1998-07-28
Institutions: Council of the European Union
Subjects: Angola, economic sanctions, international sanctions, peacekeeping, political group, trade restriction

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1705/98

of 28 July 1998

concerning the interruption of certain economic relations with Angola in order
to induce the ‘Uni˜ao Nacional para a Independência Total de Angola’ (UNITA)
to fulfil its obligations in the peace process, and repealing Council Regulation
(EC) No 2229/97

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 Common Positions 97/759/CFSP (1) and
98/425/CFSP (2) defined by the Council on the basis of
Article J.2 of the Treaty on European Union, with regard
to Angola and aimed at inducing the ‘Uni˜ao Nacional
para a Independência Total de Angola’ (UNITA) to fulfil
its obligations in the peace process in view of the relevant
decisions of the Security Council of the United Nations,
in particular its Resolutions 864 (1993), 1127 (1997), 1130
(1997), 1173 (1998) and 1176 (1998),

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), 1127 (1997) and
1173 (1998) that all States should take certain measures
with regard to their economic relations with Angola in
order to obtain the implementation by the ‘Uni˜ao Naci-
onal para a Independência 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 and, therefore, notably with a view to avoiding
distortion of competition, Community legislation is
the
necessary to implement
Security Council as far as the territory of the 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 is applicable, under
the conditions laid down in that Treaty;

the relevant decisions of

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

(1) OJ L 309, 12. 11. 1997, p. 8.
(2) OJ L 190, 4. 7. 1998, p. 1.

conferred or imposed by any international agreement
signed, any contract entered into or any licence or permit
granted before the adoption of the aforementioned Res-
olutions;

therefore,

Whereas,
the fourth ACP-EC Convention,
signed at 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 Regu-
lation concerning areas of Angola to which that State’s
administration has not been extended, points of entry in
Angola for supplies of petroleum, petroleum products,
aircraft and aircraft components, aircraft registered in
Angola and places in Angola for aircraft to take off or
land should be based on the data provided by the Govern-
ment of Angola to the Committee created pursuant to
Resolution 864 (1993) of the Security Council (the ‘said
Committee’) and notified to the Member States of the
United Nations by the said Committee;

Whereas the aforesaid Resolutions provide for certain
exceptions to the restrictions imposed on the condition of
prior approval of the said Committee;

Whereas the approval of the said Committee should be
obtained through the competent national authorities of
the Member States, whose names and addresses should,
therefore, be made available and annexed to this Regula-
tion;

for reasons of expediency,

Whereas,
the Commission
should be empowered to supplement and/or amend the
Annexes to this Regulation on the basis of pertinent noti-
fications from the relevant Security Council Committee
or, in the case of Annex VIII, the competent authorities
of Member States;

Whereas the competent authorities of the Member States
should be empowered to ensure compliance with the
provisions of this Regulation on the freezing of funds and
financial resources;

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Whereas there is a need for the Member States and the
Commission to inform each other of the measures taken
under this Regulation and other relevant information at
their disposal in connection with this Regulation;

6. to provide ground or waterborne transportation services
to persons or entities in areas of Angola listed in
Annex V;

Whereas, for reasons of transparency and simplicity, the
interruption of certain economic relations with Angola
should be governed by only one legal instrument;

Whereas therefore, the provisions of Council Regulation
(EC) No 2229/97 of 30 October 1997 concerning the
interruption of certain economic relations with Angola in
order to induce the ‘Uni˜ao Nacional para a Indepen-
dência Total de Angola’ (UNITA) to fulfil its obligations
in the peace process (1), should be incorporated in this
Regulation, and that Regulation should be repealed,

HAS ADOPTED THIS REGULATION:

TITLE I

Trade and provision of services

Article 1

The following shall be prohibited:

1. to import, be it directly or indirectly, diamonds origi-
nating in or coming from Angola into the territory of
the Community which are not accompanied by a
Certificate of Origin delivered by the Government of
Unity and National Reconciliation of Angola;

2. 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 IV;

3. to sell or supply the equipment used in mining or
mining services listed in Annex II to persons or
entities in the areas of Angola listed in Annex V;

4. to sell or supply motorised vehicles, including water-
craft, or components or parts of such vehicles listed in
Annex III to persons or entities in areas of Angola
listed in Annex V;

5. 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
IV;

(1) OJ L 309, 12. 11. 1997, p. 1.

7. to provide engineering and maintenance services, certi-
fication 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
VI, or with respect to any aircraft which entered the
territory of Angola other than through a point of entry
referred to in Annex IV;

8. 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 terri-
tory of Angola other than one listed in Annex IV;

9. to start or continue, in any form, any operational acti-

vity of any UNITA office.

TITLE II

Freezing of funds

Article 2

1.
All funds and financial resources held outside the
territory of Angola and belonging to either the ‘Uni˜ao
Nacional para a Independência Total de Angola’ (UNITA)
or
that organisation or adult
members of their immediate families listed in Annex VII,
shall be frozen.

to senior officials of

financial

2. No funds or
resources shall be made
available, be it directly or indirectly, to or for the benefit
of UNITA, senior officials of that organisation or adult
members of their immediate families.

3.

For the purpose of this Regulation:

(a) funds and financial resources shall mean both funds
and financial assets of any kind, including cash, liquid
assets,
interest, dividends, other income on shares,
bonds, debt obligations or other securities, and other
value accruing to or from any such assets and funds
derived or generated from any interest in property of
either UNITA or senior officials of that organisation
or adult members of their immediate families listed in
Annex VII;

(b) freezing of funds and financial resources shall mean
preventing any change in volume, amount, location,
ownership, possession, character, destination or any
other change that would enable the use of the funds
and financial resources concerned.

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Article 3

Without prejudice to Community rules on confidentiality,
the competent national authorities set out in Annex VIII
of the Member States shall have the power to require
banks, other financial institutions and other bodies and
persons to provide all relevant information necessary for
ensuring compliance with Article 2.

TITLE III

Exceptions and general provisions

Article 4

The prohibition of the transactions or activities referred to
in Articles 1 and 2 shall not apply to cases of medical
urgency or to flights of aircraft carrying food, medicine or
supplies for essential humanitarian needs, on condition
that, through the competent national authorities set out in
Annex VIII, a prior approval has been obtained from the
United Nations Security Council Committee created
pursuant to Resolution 864 (1993).

Article 5

The participation, knowingly and intentionally, in related
activities the object or effect of which is, directly or in-
directly, to promote the transactions or activities referred
to in Article 1 or to circumvent the provisions of this
Regulation shall be prohibited.

Article 6

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.

Pending the adoption, where necessary, of any legislation
to this end, the sanctions to be imposed where the provi-
sions of this Regulation are infringed shall be those deter-
mined by the Member States in order to give effect to
Article 4 of Regulation (EC) No 2229/97.

Article 8

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
violation and other enforcement problems or judgments
made by national courts.

Article 9

The Commission is hereby empowered to supplement
and/or amend the Annexes on the basis of the informa-
tion and notifications supplied by the competent author-
ities of the United Nations, the Government of Unity and
National Reconciliation of Angola or,
in the case of
Annex VIII, the Member States.

Any supplements or amendments made pursuant to the
first subparagraph shall be published in the Official
Journal of the European Communities.

Article 10

Regulation (EC) No 2229/97 is hereby repealed and
replaced by the provisions of this Regulation.

Article 11

This Regulation shall apply within the territory of the
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 7

Article 12

Each Member State shall determine the sanctions to be
imposed where the provisions of
this Regulation are
infringed.

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, 28 July 1998.

For the Council

The President

W. SCH(cid:154)SSEL

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ANNEX I

Petroleum products referred to in Article 1(2)

CN code

Product description

2709

2710

Petroleum oils and oils obtained from bituminous minerals, crude

Petroleum oils and oils obtained from bituminous minerals, other than crude; prepara-
tions not elsewhere specified or included, containing by weight 70 % or more of petro-
leum 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

Benzene

2902 30

Toluene

2902 41 00

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

3811 21 00

3823 90 10

Lubricating preparations (including cutting-oil preparations, bolt or nut release prepara-
tions, 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 bitu-
minous minerals

Petroleum sulphonates, excluding petroleum sulphonated of alkali metals, of ammo-
nium or of ethanolamines; thiophenated sulphonic acids of oils obtained from bitu-
minous minerals, and their salts

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Equipment used in mining or mining services, referred to in Article 1(3), such as

ANNEX II

CN code

Product description

8429

8430

8431

8474

Self-propelled bulldozers, angle-dozers, graders, levellers, scrapers, mechanical shovels,
excavators, shovel loaders, tamping machines and road rollers

Other moving, grading, levelling, scraping, excavating, tamping, compacting, extracting
or boring machinery for earth, minerals or ores; pile drivers and pile extractors

Spare parts suitable for use solely or principally with the headings 8425 and 8430

Machinery for sorting, screening, separating, washing, crushing, grinding, mixing or
kneading earth, stone, ores or other mineral substances in solid form (including powder
or paste)

Other items, equipment or services intended for use in mining or mining services.

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ANNEX III

Motorised vehicles or watercraft or spare parts for such vehicles, referred to in Article 1(4), such
as

(The items included in this list are in addition to military vehicles and equipment already banned by
Resolution 864 (1993))

CN code

Product description

8407

8408

8409

8483

8601

8602

8603

8604

8605

8606

8607

8701

8702

8703

8704

8705

8706

8707

8708

8709

8711

Spark-ignition reciprocating or rotary internal combustion piston engines

Compression-ignition internal combustion piston engines (diesel or semi-diesel engines)

Spare parts suitable solely or principally with engines of headings 8407 or 8408

Transmission shafts

Rail locomotives powered from an external source of electricity or by electric accumu-
lators (batteries)

Other rail locomotives; locomotives tenders

Self-propelled railway or tramway coaches, vans and trucks

Railway or tramway maintenance or service vehicles

Other railway or tramway passenger coaches . . . and other special purpose railway or
tramway coaches

Railway or tramway freight cars

Parts of railway or tramway locomotives and rolling stock

Tractors

Public transport-type passenger motor vehicles

Motor cars and other motor vehicles principally designed for the transport of persons

Motor vehicles for the transport of goods

Special purpose motor vehicles

Chassis fitted with engines for motor vehicles

Bodies (including cabs) for motor vehicles

Parts and accessories for motor vehicles

Works trucks, self-propelled

Motorcycles

8714 11

Spare parts and accessories for vehicles in 8711

8714 19

Spare parts and accessories for vehicles in 8711

8716

8901

8902

8903

8904

8905

Trailers and semi-trailers and spare parts thereof

Cruise ships, excursion boats, ferry boats, cargo ships, barges and similar vessels for the
transport of persons or goods

Fishing vessels and factory ships

Yachts and other vessels for pleasure or sports

Tugs and pusher craft

Light-vessels, fire-floats, dredgers, floating cranes and other vessels

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Points of entry referred to in Article 1(2),

(5),

(7) and (8)

ANNEX IV

The airports of:

Luanda, and
Katumbela (Benguela province)

and

the ports of:

Luanda,
Malongo (Cabinda province),
Lobito (Benguela province) and
Namibe (Namibe province).

Areas of Angola to which that State’s administration has not been extended:

ANNEX V

Andulo
Bailundo
Mungo
Nharea.

Aircraft referred to in Article 1(7):

ANNEX VI

ANNEX VII

List of UNITA persons established pursuant to paragraph 11 of Security Council Resolution 1127(1997):

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ANNEX VIII

Names and addresses of competent national authorities referred to in Articles 3 and 4

BELGIUM

(to be revised where necessary)

Ministère des affaires étrangères, du commerce extérieur et de la coopération au développement
Egmont 1,
rue des Petits Carmes 19
B-1000 Bruxelles

Direction des relations économiques et bilatérales extérieures
a) Service Afrique du Sud du Sahara (B.22),

Tél.:

(32 2) 501 85 77

b) Coordination de la politique commerciale (B.40)

Tél.:

(32 2) 501 83 20

c) Service transports (B.42),

(32 2) 501 37 62

Tél.:
Télécopieur:

(32 2) 501 88 27

Ministère des affaires économiques
ARE 4o division, service des licences
Avenue du Général Leman 60
B-1040 Bruxelles
Tél.:
Télécopieur:

(32 2) 206 58 16/27

(32 2) 230 83 22

Ministère des finances
Trésorerie
avenue des Arts 30
B-1040 Bruxelles
Télécopieur:

(32 2) 233 75 18

DENMARK

Danish Agency for Trade and Industry
Tagensvej 137
DK-2000 Copenhagen N
Tlf.
Fax (45) 35 86 86 87

(45) 35 86 86 86/35 86 84 91 /35 86 84 85

Ministry of Foreign Affairs
Department of Southern Africa (S.7)
Asiatisk Plads 2
DK-1448 Copenhagen K
Tlf.
Fax (45) 32 54 05 33/33 92 18 02

(451 33 92 00 00/33 92 09 09/33 92 09 26

Central Customs anad Tax Administration
Commercial Department
Østbauegade 123
Tlf.
(45) 35 29 73 00
Fax (45) 35 43 47 20

GERMANY

Bundesausfuhramt (BAFA)
Frankfurter Straße 29-35
D-65760 Eschborn

Bundesanstalt für Landwirtschaft und Ernährung (BLE)
Adickesallee 40
D-60322 Frankfurt

Bundesamt für Verkehr
Ref. LR 13
Postfach 200 100
D-53170 Bonn

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GREECE

Ministry of Foreign Affairs
Ambassador Nikolaos Chatoupis
Directorate A7
Tel.
(00301) 361 00 12 and
Fax 361 00 96, 645 00 49
Zalokosta 1
106 71 Athens

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

Directorate of Procedure of External Trade Directors:
I. Tseros
Tel. 32 86 021, 23 and
Fax 32 86 059

A. Iglessis
Tel. 32 86 051 and
Fax 32 86 094
Ermou and Kornarou 1
105 63 Athens

SPAIN

Ministerio de Economía y Hacienda
Dirección General de Comercio Exterior
Paseo de la Castellana, 162
E-28046 Madrid
(34) 913 49 38 60
Tel.
Fax (34) 914 57 28 63

FRANCE

Ministère de l’économie, des finances et de l’industrie
Direction générale des douanes et des droits indirects
Cellule embargo - Bureau E2
Tél.:
(33 1) 44 74 48 93
Télécopieur:

(33 1) 44 74 48 97

Ministère des affaires étrangères
Direction des Nations unies et des organisations internationales
Tél.:
Télécopieur:

(33 1) 43 17 59 68

(33 1) 43 17 46 91

IRELAND

Department of Public Enterprise
Aviation Regulation and International Affairs Division
44 Kildare Street
Dublin 2
Tel.
(353 1) 604 10 50
Fax (353 1) 670 74 11

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ITALY

Ministero degli Affari esteri — Roma
D.G.A.E.-Uff. X
Tel. 0039 6-36 91 37 50
Fax 36 91 37 52

Ministero del Commercio estero — Roma
Gabinetto
Tel. 0039 6-59 93 23 10
Fax 59 64 74 94

Ministero dei Trasporti — Roma
Gabinetto
Tel. 0039 6-44 26 71 16/84 90 40 94
Fax 44 26 71 14

LUXEMBOURG

Ministère des affaires étrangères
Direction des relations économiques internationales et de la coopération
BP 1602
L-1016 Luxembourg

NETHERLANDS

Ministerie van Buitenlandse Zaken
Directie Verenigde Naties
Afdeling Politieke Zaken
2594 AC Den Haag
Tel.:
Fax:

(0031-70) 348 42 06
(0031-70) 348 67 49

AUSTRIA

Bundesministerium für wirtschaftliche Angelegenheiten
Abteilung II/A/2
Landstrasser Hauptstraße 55-57
A-1030 Wien

Bundesministerium für Wissenschaft und Verkehr
Oberste Zivilluftfahrtbehörde (OZB)
Radetzkystraße 2
A-1030 Wien

Österreichische Nationalbank
Otto Wagner Platz 3,
A-1090 Wien
Tel. 01-40420

PORTUGAL

Ministério dos Negócios Estrangeiros
A/C Mónica Lisboa
Direcç˜ao-Geral dos Assuntos Multilaterais
Largo Rilvas
P-1300 Lisboa

FINLAND

Ulkoasiainministeriö
PL 176
00161 Helsinki

Utrikesministeriet
PB 176
00161 Helsingfors

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SWEDEN

Riksåklagaren
Box 16370
S-103 27 Stockholm
Tfn:
Fax:

(0046-8) 453 66 00
(0046-8) 453 66 99

Regeringskansliet
Utrikesdepartementet
Rättssekretariatet för EU-frågor
Fredsgatan 6
S-103 39 Stockholm
Tfn:
Fax:

(0046-8) 405 10 00
(0046-8) 723 11 76

UNITED KINGDOM

Export Control Organisation
Department of Trade and Industry
Kingsgate House
66-74 Victoria Street
London SW1E 6SW
Tel.
(44 171) 215 6740
Fax (44 171) 222 0612