1999/261/CFSP: Common Position of 16 April 1999 defined by the Council on the basis of Article J.2 of the Treaty on European Union concerning Libya
Date: 1999-04-16
Institutions: Council of the European Union
Subjects: EU visa policy, Libya, UN Security Council, diplomatic representation, export restriction, international sanctions, military equipment

20. 4. 1999

EN

Official Journal of the European Communities

L 103/1

(Acts adopted pursuant to Title V of the Treaty on European Union)

COMMON POSITION

of 16 April 1999

defined by the Council on the basis of Article J.2 of the Treaty on European
Union concerning Libya

(1999/261/CFSP)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DEFINED THIS COMMON POSITION:

Having regard to the Treaty on European Union and, in
particular, Article J.2 thereof,

Article 1

Whereas on 22 November 1993 the Council adopted a
Decision on the Common Position 93/614/CFSP (1) with
regard to the reduction of economic relations with Libya,
in accordance with the relevant provisions of United
Nations Security Council Resolution (UNSCR) 883(1993);

In accordance with UNSC Resolution 1192(1998), the
restrictive measures taken against Libya on the basis of
UNSC Resolutions 748(1992) and 883(1993), shall be
suspended, with the exception of measures taken in
application of paragraph 8 of UNSC Resolution
883(1993).

Whereas on 27 August 1998, the United Nations Security
Council (UNSC) adopted Resolution 1192(1998) through
which it reaffirmed the measures set forth in its Resolu-
tions 748(1992) and 883(1993) and decided that the afore-
mentioned measures shall be suspended immediately if
the UN Secretary-General reports to the UNSC that the
two persons charged with the bombing of Pan Am flight
103 have arrived in the Netherlands for the purpose of
trial as well as on the cooperation of the Libyan Govern-
ment with the French judicial authorities with regard to
the bombing of UTA 772;

Whereas the UN Secretary-General reported accordingly
on 5 April 1999; whereas the measures taken against
Libya on the basis of UNSC Resolutions 748(1992) and
883(1993) should therefore be suspended;

Whereas the UN Secretary-General will report on Libya’s
compliance with the remaining provisions of UNSC
Resolutions 731(1992) and 748(1992) within 90 days from
the suspension, with a view to lifting the suspended meas-
ures upon Libya’s full compliance with the requests and
decisions contained in those resolutions, in accordance
with paragraph 16 of UNSC Resolution 883(1993);

Whereas in the meantime the Union considers it appro-
priate to continue implementing the measures which the
Member States decided in 1986 against Libya for its
support of terrorism,

(1) OJ L 295, 30.11.1993, p. 7.

Article 2

1. Measures decided by the Member States on 27
January and 14 April 1986, namely

(a) embargo on the export of arms or other military

equipment;

(b) restrictions on the freedom of movement of diplo-

matic and consular personnel;

(c) reduction of
missions;

the staff of diplomatic and consular

(d) stricter visa requirements and procedures,

will remain in force.

In accordance with UNSC Resolution 1192(1998),
2.
the Netherlands shall be exempted from measures listed
under paragraph 1(b) and (c) for the purpose of facilitating
the holding of the ‘Lockerbie trial'.

Article 3

This common position will be reviewed in the light of the
US Secretary-General’s report on Libya’s compliance with
the remaining provisions of UNSC Resolutions 731(1992)
and 748(1992).

L 103/2

EN

Official Journal of the European Communities

20. 4. 1999

This common position shall take effect on 6 April 1999.

Article 4

This common position shall be published in the Official Journal.

Article 5

Done at Luxembourg, 16 April 1999.

For the Council

The President

J. FISCHER