CELEX: 51997PC0545
Language: en
Date: 1997-10-29
Title: Proposal for a Council Regulation (EC) concerning the interruption of certain economic relations with Sierra Leone

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)
 ---pagebreak---  ---pagebreak---                          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.
It is proposed to use both Article 73g and Article 228a as legal basis, since it is
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
 ---pagebreak--- 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).
                                        £
 ---pagebreak---                        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,
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
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
European Community and, therefore, Community legislation is necessary to
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,
1
  ) OJ L.... dd                    p.
 ---pagebreak--- 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:
                                        Article 1
The following shall be prohibited:
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 technology for the
aforementioned;
3. any activity the object or effect of which is, directly or indirectly, to promote the
transactions or activities mentioned under this Article.
                                           (f
 ---pagebreak---                                        Article 2
The prohibition of Article 1 shall not apply in cases of
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 8 1 dd. 29.10.93, p.1
                                           S"
 ---pagebreak---                                        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
 ---pagebreak--- The President
              I
 ---pagebreak---                                          ANNEX I
   CN code                                        Product description
2709          Petroleum oils and oils obtained from bituminous minerals, crude
2710          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
21U           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          Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils
              obtained from bituminous minerals
2714          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    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
 38112100      Additives for lubricating oils containing petroleum oils or oils obtained from bituminous
               minerals
 3823 90 10    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
                                             €
 ---pagebreak---                                        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. 4 a 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,     Department S.7
      Asiatisk Plads 2         1448 Copenhagen K.
      Tel. +45-33-920000 / 33-920909          Fax. +45-31540533
      Danish Agency for Trade and Industry
      Jeanne Lorentzen, desk officer
      Tel. +45-35-868489       Fax. +45-35-868575
       Niels Hoeing, assistant
       Tel. +45-35-868485       Fax. +45-35-868575
 ---pagebreak---        Ministry of Foreign Affairs
       Peter Lysholt Hansen, Head of Department S.7
       Tel. +45-33-920901        Fax. +45-33-921802
       Gert Meinecke, desk officer
       Tel. +45-33-920926       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           Fax: 670 74 11
        Mr. Brendan Twomey / Mr. Ernest Hartman
ITALIA
                                          ^ 0
 ---pagebreak---       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
 ---pagebreak---                              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
 ---pagebreak---  ---pagebreak---                                                                    ISSN 0254-1475
                                                            COM(97) 545 final
                                              DOCUMENTS
EN                                                             11 02 09 10
                                    Catalogue number : CB-C0-97-565-EN-C
                                                             ISBN 92-78-26231-5
Office for Official Publications of the European Communities
L-2985 Luxembourg
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