CELEX: 51991PC0143
Language: en
Date: 1991-04-18
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING COUNCIL REGULATIONS ( EEC ) NO 2340/90 AND NO 3155/90 PREVENTING TRADE BY THE COMMUNITY AS REGARDS IRAQ AND KUWAIT

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        COMVIISSION OF THE EUROPEAN COMMUNITIES
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                                                    C0M(91)143  final
                                                    Brussels,18  April 1991
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                                     Proposal for a
                              COUNCIL REGULATION (EEC)
                 amending Council Regulations    (BEC) No 2340/90 and
              No 3155/90 preventing    trade by the Community as regards
                                    Iraq and Kuwait
                            (presented by the Commission)
 ---pagebreak---                            EXPLANATORY MEMORANDUM
1. By Council Regulations    (EEC) No 2340/90,     as last   amended by
   Regulation   (EEC) n' 811/91,   and No 3155/90,     as amended by Council
   Regulation   (EEC) No 542/91,   the Community es tab 11 shed an embargo on
   trade with   Iraq In conformity    with the Resolutions     of the     Security
   Council of the United Nations that were adopted following            the
   Invasion and occupation of Kuwait by the Iraqi           forces.
2. By adopting Resolution    687 (1991)    the Security   Council of the      United
   Nations decided on the conditions       for a cease-fire     between the     forces
   of Iraq on the one hand and the allied        forces on the other      and at    the
   same time decided on the modalities       of an abolition     of the    trade
   embargo.
3. In conformity    with Security  Council Resolution      687 (1991)    the
   Community has to amend Its     relevant   Regulations,    mentioned In
   paragraph 1 In order to give effect        to the pertinent    paragraphs     of
   Security   Council Resolution   687 (1991)    dealing   with the provision       of
   medicine,   foodstuff  and materials    and supplies    for essential       civilian
   needs.
                                                                                        x
 ---pagebreak---                                      COUNCIL REGULATION (EEC) No
                                                          Of
                   amending Council           Regulations          (EEC)     No 2340/90       and
              No 3155/90        preventing        trade     by the Community as               regards
                                              Iraq     and     Kuwait
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Whereas     under     Regulations        (EEC) No 2340/901),               as last      amended     by
                                       2                              3
Regulation        (EEC) No 811/91 ),            and No 3155/90 ),             as last      amended     by
Regulation        (EEC) No 542/914),            trade      between      the   Community       on the      one
hand,     and Iraq     on the      other,     was prevented,            with    certain          exceptions,
following       the   resolutions        of   the    United      Nations      Security         Council
establIshlng         an embargo       after     the     Invasion       of  Kuwait     by   Iraqi       forces;
Whereas      the   United      Nations     Security        Council      has adopted        on 3 April        1991
Resolution        687      (1991);
Whereas      the   Community        and Its     Member States,            meeting      In the    framework        of
political       cooperation,         consider       It    necessary       to   amend Regulations            (EEC)
No 2340/90        and No 3155/90         so as to         Incorporate        the   changes      made by       the
Security       Council      to   the  prohibitions           against      the   sale    or   supply     to     Iraq
of   commodities        or    products     and the        prohibitions         against     the    Import     of
commodities         and products        originating          In     Iraq;
 1)    OJ No L 213,         09.08.1990,       p.       1.
2)     OJ No L       82,    28.03.1991,       p.     50.
3)     OJ No L 304,         01.11.1991,       p.       1.
4)     OJ No L       60,    07.03.1991,       p.       5.
 ---pagebreak---                                             - 2-
Having regard to the Treaty estabiIshlng              the European Economic Community,
and In particular      Article   113    thereof,
Having regard to the proposal         from the Commission,
HAS ADOPTED THIS REGULATION:
                                         Article    1
Regulation     (EEC) No 2340/90     is amended as follows        :
 1.  The Annex Is replaced by the text            given In Annex I to       this
     Regulation.
2.   Article    3 Is replaced    by the following        text  :
     1.   Article    1 (2)   and Article    2 (2) shall      not apply to the     products
          listed    In the Annex.
     2.   Article     1 (1)  and Article    2 (1)    shall   not prevent   the
           Introduction     Into the territory       of the Community
     a)   of the commodities or products referred              to In Article     1 (1) which
          originate     In, or come from,      Iraq or Kuwait and are        exported
          before 7 August 1990,
     or
     b)   of commodities and products originating              In Iraq,  whose Import     Is
          approved, pursuant to paragraph 23 of resolution               687 (1991),    by
          the Committee of the Security           Council estabi/shed     under     Security
          Council Resolution      661     (1990).
           Imports of commodities and products under b) above shall                 be
          subject    to a prior    Import author/satIon        to be Issued by the
          competent authorities        of the Member States.
 ---pagebreak---                                            - 3-
                                        Article    2
Regulation   (EEC) No 3155/90     Is amended as follows          :
1.  Annex I shall     be replaced    by the text     given    In Annex II    to     this
    Regulation.
2.  Article    5 Is    deleted.
                                        Article    3
The provisions    of Articles    1 and 2 of this       Regulation     shall  be       appiIcable
as of 3 April     1991.
                                        Article    4
This Regulation     shall  enter   Into  force    on the day of     its   publIcatlon       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,
                                                  For the     Council
                                                  The    President
 ---pagebreak---                                                                                AHNEX I
                                           ANNEX
                LIST OF PRODUCTS REFERRED TO IN ARTICLE 3                   (1)
A. All products     Intended   strictly      for  medical       purposes.
B. Foodstuffs    notified    to the Committee estabiIshed            under       Security
   Council    Resolution    661    (1990).
C. Materials    and supplies     for    essential    civilian     needs,   which     are
   approved by the above-mentioned             Security     Council  Committee under         Its
   simplified     and accelerated       "no-object/on"       procedure    within    the   terms
   of resolution        687(1991).
 ---pagebreak---                                                                          JWraE/LjLL
                                           ANNEX I
1. Member States,         notwithstanding     the existence     of any rights     or
   obitgat tons conferred         or Imposed by any International         agreement or
   any contract      entered Into or any licence or permit granted before                   the
   entry    Into force of this Regulation,           shall  deny permission      to any
   aircraft     to take off      from their   territory    If the aircraft      were
   carrying     any cargo to or from Iraq other than goods and                 supplies,
   listed     In the Annex to Council Regulation           (EEC) No 2340/90, or
   supplies     Intended solely       for UNIIMOG.
2. Member States shall           deny permission      to any aircraft   destined     to land
    In Iraq,    whatever Its State of registration,            to overfly    Its      territory
   unless:
    (a) the aircraft       lands at an airfield        designated by that Member State
          outside Iraq, In order to permit Its Inspection to ensure that
          there Is no cargo on board In violation             of Resolution 661 (1990)
          or Resolution 670 (1990), and for this purpose the aircraft may
          be detained for as long as necessary; or
    (b) the particular        flight has been approved by the Committee
          estabiIshed by Resolution 661 (1990); or
    (c) the flight       Is certified     by the United Nations as solely          for   the
          purposes of UNIIMOG.
3.  Member States shall take all necessary measures to ensure that any
    aircraft     registered In their territory          or operated by an operator who
    has his principal        place of business or permanent residence In their
    territory     complies with the provisions of Resolutions 661 (1990),
    670 (1990) and 687 (1991).
 ---pagebreak---  ---pagebreak---                                                                             iSISSKM)25«475
                                                               COM (91') "143 final
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