WRITTEN QUESTION No. 3696/98 by Glenys KINNOCK Diamond imports from Angola
Date: 1998-11-24
Institutions: European Parliament, KINNOCK
Subjects: Angola, UN Security Council, certificate of origin, import, import restriction, international sanctions, precious stones, trade restriction

C 289/72

Official Journal of the European Communities

EN

11.10.1999

Within the framework of its proposal for a directive on copyright in the information society of 10 December
1997 (4), the Commission proposed the harmonisation of the right of reproduction, in particular with a view
to the exploitation of works on the information society networks and the accompanying exceptions. As
regards reprography, the proposed harmonisation is limited. In accordance with the provision which appears
in Article 5-2a), the Member States have the authorization to uphold or to introduce an exception for
reprographic reproductions, whether there is a system of remuneration for proprietors of rights or not. Those
Member States which do not provide for such an exception are not, nevertheless, obliged to introduce one. In
its opinion (first reading), several committees of the Parliament which were consulted proposed amendments
to the area of reprography. On the basis of the final opinion of Parliament, which is expected shortly, the
Commission will opt for the solution most suited to the internal market, whilst at the same time taking into
account the need to respect the balance between the rights of the holders and the interests of the users.

Under these conditions, the Italian legislation cannot be classed as contradictory to Community legislation
insofar as at present there is no Community law on reprography. The national legislator has a considerable
amount of room for manoeuvre in defining the scope of application and the conditions for implementation of
the right of reproduction, including anything falling under the exceptions for reprography. This should,
however, be done in a manner respecting the general rules of Community law in terms of copyright and the
rules deriving from international standards and, in particular, from the test of prejudice to economic interests
also mentioned in the new treaties of the World Intellectual Property Organisation (WIPO).

(1) OJ L 122, 17.5.1991.
(2) OJ L 77, 27.3.1996.
(3) OJ L 346, 27.1.1992.
(4) OJ C 108, 7.4.1998.

(1999/C 289/095)

WRITTEN QUESTION P-3696/98

by Glenys Kinnock (PSE) to the Commission

(24 November 1998)

Subject: Diamond imports from Angola

What measures have so far been adopted by Member States to prohibit the direct or indirect import from
Angola into their territory of all diamonds that are not controlled through the GURN certicate-of-origin
regime?

Answer given by Mr Pinheiro on behalf of the Commission

(21 December 1998)

Following the adoption by the the United Nations security council of additional sanctions against União
Nacional para a Independência Total de Angola (UNITA) (Resolution 1173 of 12 June 1998), the Council
adopted common position 98/425/PESC of 3 July 1998 (1) and Council Regulation (EC) 1705/98 of 28 July
1998 concerning the interruption of certain economic relations with Angola in order to induce UNITA to fulfil
its obligations in the peace process, and repealing Council Regulation (EC) 2229/97 (2).

Prohibiting the import of goods into the Community is an exclusive competence of the Community. For that
reason, the import of diamonds originating in or coming from Angola which are not accompanied by a
certificate of origin delivered by the Government of unity and national reconciliation of Angola, is prohibited
by Article 1(1) of Council Regulation (EC) 1705/98. This prohibition is directly applicable in all Member
States.

The implementation of this Regulation is the joint responsibility of Member States and the Commission.
Article 8 of the Regulation obliges Member States to inform the Commission and other Member States on
relevant issues. So far no reports have been received on any difficulties encountered in respect of imports of
diamonds not accompanied by a certificate of origin delivered by the government of unity and national
reconciliation of Angola.

(1) OJ L 190, 4.7.1998.
(2) OJ L 215, 1.8.1998.