CELEX: 51997PC0474
Language: en
Date: 1997-09-24
Title: Proposal for a Council Regulation (EC) concerning the interruption of certain economic relations with Angola in order to induce UNITA to fulfill its obligations in the peace process

COMMISSION OF THE EUROPEAN COMMUNITIES
                                      Brussels, 24.09.1997
                                      COM(97) 474 final
                      Proposal for a
           COUNCIL REGULATION (EC)
      concerning the interruption of certain economic
relations with Angola in order to induce UNITA to fulfill
            its obligations in the peace process
            (presented by the Commission)
 ---pagebreak---  ---pagebreak---                            EXPLANATORY MEMORANDUM
 The Security Council of the United Nations adopted on 28 August 1997 Resolution
  1127 (1997) imposing additional sanctions on the Uniao Nacional para a
 Independencia Total de Angola (UNITA) in case of failure by the UNITA to
 implement its obligations under the "Accordos de Paz" of 1993, the Lusaka Protocol
 of 1994 and the relevant Security Resolutions adopted since 1991.
 The sanctions shall be applicable as of 30 September 1997, unless UNITA complies
 with the said obligations.
 The additional sanctions consist, inter alia, in a prohibition to supply to the UNITA
 aircraft or aircraft components, servicing or insuring of aircraft at its disposal, closure
 of UNITA offices and denial of landing, take off or overfly permissions.
These sanctions are additional to the existing prohibition by the Security Council to
 supply certain petroleum or petroleum products to UNITA. This last prohibition is
contained in Council Regulation (EEC) No 2967/93.
In order to ensure the implementation of the additional sanctions, which fall under the
scope of the Treaty establishing the European Community, an additional Regulation
has to be adopted by the Council on the basis of a proposal of the Commission.
For reasons of transparency and simplicity, the Commission has decided to propose a
Regulation, integrating old and new sanctions, thereby enabling the repeal of
Regulation (EEC) No 2967/93.
With regard to individual provisions of the proposal the following comments can be
given.
It is proposed to use Article 73g and Article 228a as legal basis, although at first sight
the implementation of UNSC Resolution requires only the use of Article 228a. The
main reason for using Article 73g is the prohibition to make available in any form
any aircraft, which can be understood as including the prohibition to provide capital to
buy or lease aircraft, or any other financial activity having that effect. Paragraph 6 of
Article 1 deals with such types of activities.
 ---pagebreak--- As in 1993, when Regulation (EEC) No 2967/93 was adopted, questions might arise
regarding the compatibility of the Regulation with the fourth Lomé Convention. As in
1993, the Security Council has based its decision on sanctions against UNITA 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.
Article 1(1) reflects the existing sanctions contained in UNSC Resolution 864 (1993)
and implemented through Regulation 2967/93, Article 1. The present proposal does
not contain the provision of Article 2 of that Regulation, i.e. the obligation to obtain
an export licence for non-prohibited exports. As far as the Commission is aware, this
provision only adds to the administrative burden of the interested companies without
adding any significant control. Therefore, its deletion seems advisable.
Paragraphs 2 to 5 reflect almost literally the prohibitions contained in UNSC
Resolution 1127 (1997), while paragraph 6 is the usual provision to prevent
circumvention in any form of the prohibitions.
Article 2 provides for a number of exceptions to the prohibitions. The exceptions are
only applicable after prior consent of the UNSC Committee established under UNSC
Resolution 864 (1993).
Communications with this Committee will follow the usual route by the competent
national authorities of Member States.
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 the immediate 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).
In order to achieve a optimal coherence of the sanctions policy regarding the UNITA
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).
 ---pagebreak--- UNSC Resolution 1127 (1997) provides for specific information to be given by the
government of Angola regarding points of entry for supplies, places in Angola where
aircraft will be allowed to land or take of and the registration of aircraft. This
information will be contained in the Annexes provided for in this proposal. As it can
be expected that over time changes will be required to these data with some urgency,
it is proposed that the Commission be empowered to amend the Annexes to the
Regulation in accordance with the changes indicated by the Government of Angola.
The amendments of the Annexes will be published in the Official Journal of the
European Communities.
The same applies with regard to possible changes in the names and addresses of the
competent authorities of Member States. (Article 6).
By the integration of the main provisions of Regulation (EEC) No 2967/93 in the
proposed regulation, the former can be repealed. The result will be that the interested
economic operators will be faced with only one Regulation dealing with the economic
sanctions regarding the UNITA. (Article 7).
The other Articles contain the usual provisions regarding the territorial limits of the
applicability of the Regulation and the date of applicability as provided for in UNSC
Resolution 1127 (1997), i.e. 30 September 1997.
 ---pagebreak---                         COUNCIL REGULATION (EC) No ...797
                                of
                     concerning the interruption of certain economic
                relations with Angola in order to induce UNITA to fulfill
                            its obligations in the peace process
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 the
interruption of certain economic relations with Angola in view of the pertinent
decisions of the Security Council of the United Nations, in particular its Resolutions
864 (1993) and 1127(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 Resolutions 864 (1993) and 1127 (1997) that all
States shall take certain measures with regard to their economic relations with Angola
in order to obtain the implementation by the Uniao Nacional para a Independencia
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 establishing the
European Community and, therefore, Community legislation is necessary to
implement the pertinent decisions of the Security Council,
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;
1
  ) OJ L.... dd                       p...
 ---pagebreak---   Whereas, therefore, the fourth APC-EEC Convention, signed in 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 Regulation concerning points of
  entry in Angola for supplies, aircraft registered in Angola and places in Angola for
  aircraft to take off or land shall be based on the data provided by the Government of
  Angola to the Committee created pursuant to Resolution 864 (1993) of the Security
  Council and notified to the Member States of the United Nations by this Committee,
  Whereas the Security Council resolutions provide for certain exceptions to the
  restrictions imposed on the condition of prior approval of said Committee,
 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 amend
 the Annexes to this Regulation on the basis of pertinent notifications from the relevant
 Security Council Committee or competent authorities of Member States,
 Whereas, for reasons of transparency and simplicity, the interruption of certain
 economic relations with Angola should be governed by only one legal instrument,
 and, therefore, the provisions of Council Regulation (EEC) No 2967/93 of
 25 October 1993 prohibiting the supply of certain goods to UNITA should be
 incorporated in the present Regulation, and Regulation No. 2967/93 be repealed, 2)
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 Angola through points of entry
other than those referred to in Annex II;
2
   ) O J L 268, dd. 29.10.93, p. 1
                                                     S
 ---pagebreak---  2. 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 III;
 3. to provide engineering and maintenance services, certification 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 IV, or with respect to any aircraft which entered the territory of
 Angola other than through a point of entry referred to in Annex V;
4. 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 territory of
Angola other than one listed in Annex V;
5. to start or continue, in any form, any operational activity of any UNITA office;
6. any activity the object or effect of which is, directly or indirectly, to promote the
transactions or activities mentioned under this Article.
                                       Article 2
The prohibition of Article 1 shall not apply to cases of medical urgency or to flights of
aircraft carrying food, medicine or supplies for essential humanitarian needs, on the
condition that, through the competent national authorities, a prior approval has been
obtained from the United Nations Security Council Committee created pursuant to
Resolution 864 (1993).
The names and addresses of the competent national authorities are contained in
Annex VI.
                                       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.
 ---pagebreak---                                         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 respect of Council Regulation (EEC)
No 2967/93.
                                        Article 5
The Commission and the Member States shall inform each other of the measures
taken under this Regulation and other relevant information at their disposal in
connection with this Regulation, such as violation and other enforcement problems or
judgements made by national courts.
                                        Article 6
The European Commission is hereby empowered to amend the Annexes to this
Regulation on the basis of the information supplied by the competent authorities of
the United Nations or the Member States.
Such amendments shall be published in the Official Journal of the European
Communities.
                                       Article 7
Regulation (EEC) No 2967/93 is hereby repealed and replaced by the provisions of
this Regulation.
                                       Article 8
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.
                                                  >
 ---pagebreak---                                      Article 9
This Regulation shall enter into force on the day of its publication in the Official
Journal of the European Communities.
It shall apply from 30 September 1997.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels,                              1997
For the Council
TTse President
                                     s
 ---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
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       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
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 4100  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 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
3811 21 00 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
                      Points of entry referred to in Article 1
The airports of Luanda and Katumbela (Benguela province) and the ports of Luanda,
Malongo (Cabinda province), Lobito (Benguela province) and Namibe (Namibe
province).
                                                 ID
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                            COM(97) 474 final
                                              DOCUMENTS
EN                                                                    05    il
                                    Catalogue number : CB-CO-97-485-EN-C
                                                             ISBN 92-78-24996-3
Office for Official Publications of the European Communities
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