Council Regulation (EC) No 1705/98 of 28 July 1998 concerning the interruption of certain economic relations with Angola in order to induce the 'União Nacional para a Independência Total de Angola" (UNITA) to fulfil its obligations in the peace process, and repealing Council Regulation (EC) No 2229/97
1. 8. 98 ‹ EN ‹ Official Journal of the European Communities L 215/1 I (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1705/98 of 28 July 1998 concerning the interruption of certain economic relations with Angola in order to induce the ‘Uni˜ao Nacional para a Independência Total de Angola’ (UNITA) to fulfil its obligations in the peace process, and repealing Council Regulation (EC) No 2229/97 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 Common Positions 97/759/CFSP (1) and 98/425/CFSP (2) defined by the Council on the basis of Article J. 2 of the Treaty on European Union, with regard to Angola and aimed at inducing the ‘Uni˜ao Nacional para a Independência Total de Angola’ (UNITA) to fulfil its obligations in the peace process in view of the relevant decisions of the Security Council of the United Nations, in particular its Resolutions 864 (1993), 1127 (1997), 1130 (1997), 1173 (1998) and 1176 (1998), 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), 1127 (1997) and 1173 (1998) that all States should take certain measures with regard to their economic relations with Angola in order to obtain the implementation by the ‘Uni˜ao Naci- onal para a Independência 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 and, therefore, notably with a view to avoiding distortion of competition, Community legislation is the necessary to implement Security Council as far as the territory of the 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 is applicable, under the conditions laid down in that Treaty; the relevant decisions of 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 (1) OJ L 309, 12. 11. 1997, p. 8. (2) OJ L 190, 4. 7. 1998, p. 1. conferred or imposed by any international agreement signed, any contract entered into or any licence or permit granted before the adoption of the aforementioned Res- olutions; therefore, Whereas, the fourth ACP-EC Convention, signed at 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 Regu- lation concerning areas of Angola to which that State’s administration has not been extended, points of entry in Angola for supplies of petroleum, petroleum products, aircraft and aircraft components, aircraft registered in Angola and places in Angola for aircraft to take off or land should be based on the data provided by the Govern- ment of Angola to the Committee created pursuant to Resolution 864 (1993) of the Security Council (the ‘said Committee’) and notified to the Member States of the United Nations by the said Committee; Whereas the aforesaid Resolutions provide for certain exceptions to the restrictions imposed on the condition of prior approval of the said Committee; Whereas the approval of the said Committee should be obtained through the competent national authorities of the Member States, whose names and addresses should, therefore, be made available and annexed to this Regula- tion; for reasons of expediency, Whereas, the Commission should be empowered to supplement and/or amend the Annexes to this Regulation on the basis of pertinent noti- fications from the relevant Security Council Committee or, in the case of Annex VIII, the competent authorities of Member States; Whereas the competent authorities of the Member States should be empowered to ensure compliance with the provisions of this Regulation on the freezing of funds and financial resources; L 215/2 ‹ EN ‹ Official Journal of the European Communities 1. 8. 98 Whereas there is a need for the Member States and the Commission to inform each other of the measures taken under this Regulation and other relevant information at their disposal in connection with this Regulation; 6. to provide ground or waterborne transportation services to persons or entities in areas of Angola listed in Annex V; Whereas, for reasons of transparency and simplicity, the interruption of certain economic relations with Angola should be governed by only one legal instrument; Whereas therefore, the provisions of Council Regulation (EC) No 2229/97 of 30 October 1997 concerning the interruption of certain economic relations with Angola in order to induce the ‘Uni˜ao Nacional para a Indepen- dência Total de Angola’ (UNITA) to fulfil its obligations in the peace process (1), should be incorporated in this Regulation, and that Regulation should be repealed, HAS ADOPTED THIS REGULATION: TITLE I Trade and provision of services Article 1 The following shall be prohibited: 1. to import, be it directly or indirectly, diamonds origi- nating in or coming from Angola into the territory of the Community which are not accompanied by a Certificate of Origin delivered by the Government of Unity and National Reconciliation of Angola; 2. 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 IV; 3. to sell or supply the equipment used in mining or mining services listed in Annex II to persons or entities in the areas of Angola listed in Annex V; 4. to sell or supply motorised vehicles, including water- craft, or components or parts of such vehicles listed in Annex III to persons or entities in areas of Angola listed in Annex V; 5. 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 IV; (1) OJ L 309, 12. 11. 1997, p. 1. 7. to provide engineering and maintenance services, certi- fication 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 VI, or with respect to any aircraft which entered the territory of Angola other than through a point of entry referred to in Annex IV; 8. 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 terri- tory of Angola other than one listed in Annex IV; 9. to start or continue, in any form, any operational acti- vity of any UNITA office. TITLE II Freezing of funds Article 2 1. All funds and financial resources held outside the territory of Angola and belonging to either the ‘Uni˜ao Nacional para a Independência Total de Angola’ (UNITA) or that organisation or adult members of their immediate families listed in Annex VII, shall be frozen. to senior officials of financial 2. No funds or resources shall be made available, be it directly or indirectly, to or for the benefit of UNITA, senior officials of that organisation or adult members of their immediate families. 3. For the purpose of this Regulation: (a) funds and financial resources shall mean both funds and financial assets of any kind, including cash, liquid assets, interest, dividends, other income on shares, bonds, debt obligations or other securities, and other value accruing to or from any such assets and funds derived or generated from any interest in property of either UNITA or senior officials of that organisation or adult members of their immediate families listed in Annex VII; (b) freezing of funds and financial resources shall mean preventing any change in volume, amount, location, ownership, possession, character, destination or any other change that would enable the use of the funds and financial resources concerned. 1. 8. 98 ‹ EN ‹ Official Journal of the European Communities L 215/3 Article 3 Without prejudice to Community rules on confidentiality, the competent national authorities set out in Annex VIII of the Member States shall have the power to require banks, other financial institutions and other bodies and persons to provide all relevant information necessary for ensuring compliance with Article 2. TITLE III Exceptions and general provisions Article 4 The prohibition of the transactions or activities referred to in Articles 1 and 2 shall not apply to cases of medical urgency or to flights of aircraft carrying food, medicine or supplies for essential humanitarian needs, on condition that, through the competent national authorities set out in Annex VIII, a prior approval has been obtained from the United Nations Security Council Committee created pursuant to Resolution 864 (1993). Article 5 The participation, knowingly and intentionally, in related activities the object or effect of which is, directly or in- directly, to promote the transactions or activities referred to in Article 1 or to circumvent the provisions of this Regulation shall be prohibited. Article 6 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. Pending the adoption, where necessary, of any legislation to this end, the sanctions to be imposed where the provi- sions of this Regulation are infringed shall be those deter- mined by the Member States in order to give effect to Article 4 of Regulation (EC) No 2229/97. Article 8 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 violation and other enforcement problems or judgments made by national courts. Article 9 The Commission is hereby empowered to supplement and/or amend the Annexes on the basis of the informa- tion and notifications supplied by the competent author- ities of the United Nations, the Government of Unity and National Reconciliation of Angola or, in the case of Annex VIII, the Member States. Any supplements or amendments made pursuant to the first subparagraph shall be published in the Official Journal of the European Communities. Article 10 Regulation (EC) No 2229/97 is hereby repealed and replaced by the provisions of this Regulation. Article 11 This Regulation shall apply within the territory of the 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 7 Article 12 Each Member State shall determine the sanctions to be imposed where the provisions of this Regulation are infringed. 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, 28 July 1998. For the Council The President W. SCHÜSSEL L 215/4 ‹ EN ‹ Official Journal of the European Communities 1. 8. 98 ANNEX I Petroleum products referred to in Article 1(2) CN code Product description 2709 2710 Petroleum oils and oils obtained from bituminous minerals, crude Petroleum oils and oils obtained from bituminous minerals, other than crude; prepara- tions not elsewhere specified or included, containing by weight 70 % or more of petro- leum 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 2714 Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils obtained from bituminous minerals 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 41 00 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 3811 21 00 3823 90 10 Lubricating preparations (including cutting-oil preparations, bolt or nut release prepara- tions, 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 Additives for lubricating oils containing petroleum oils or oils obtained from bitu- minous minerals Petroleum sulphonates, excluding petroleum sulphonated of alkali metals, of ammo- nium or of ethanolamines; thiophenated sulphonic acids of oils obtained from bitu- minous minerals, and their salts 1. 8. 98 ‹ EN ‹ Official Journal of the European Communities L 215/5 Equipment used in mining or mining services, referred to in Article 1(3), such as ANNEX II CN code Product description 8429 8430 8431 8474 Self-propelled bulldozers, angle-dozers, graders, levellers, scrapers, mechanical shovels, excavators, shovel loaders, tamping machines and road rollers Other moving, grading, levelling, scraping, excavating, tamping, compacting, extracting or boring machinery for earth, minerals or ores; pile drivers and pile extractors Spare parts suitable for use solely or principally with the headings 8425 and 8430 Machinery for sorting, screening, separating, washing, crushing, grinding, mixing or kneading earth, stone, ores or other mineral substances in solid form (including powder or paste) Other items, equipment or services intended for use in mining or mining services. L 215/6 ‹ EN ‹ Official Journal of the European Communities 1. 8. 98 ANNEX III Motorised vehicles or watercraft or spare parts for such vehicles, referred to in Article 1(4), such as (The items included in this list are in addition to military vehicles and equipment already banned by Resolution 864 (1993)) CN code Product description 8407 8408 8409 8483 8601 8602 8603 8604 8605 8606 8607 8701 8702 8703 8704 8705 8706 8707 8708 8709 8711 Spark-ignition reciprocating or rotary internal combustion piston engines Compression-ignition internal combustion piston engines (diesel or semi-diesel engines) Spare parts suitable solely or principally with engines of headings 8407 or 8408 Transmission shafts Rail locomotives powered from an external source of electricity or by electric accumu- lators (batteries) Other rail locomotives; locomotives tenders Self-propelled railway or tramway coaches, vans and trucks Railway or tramway maintenance or service vehicles Other railway or tramway passenger coaches. and other special purpose railway or tramway coaches Railway or tramway freight cars Parts of railway or tramway locomotives and rolling stock Tractors Public transport-type passenger motor vehicles Motor cars and other motor vehicles principally designed for the transport of persons Motor vehicles for the transport of goods Special purpose motor vehicles Chassis fitted with engines for motor vehicles Bodies (including cabs) for motor vehicles Parts and accessories for motor vehicles Works trucks, self-propelled Motorcycles 8714 11 Spare parts and accessories for vehicles in 8711 8714 19 Spare parts and accessories for vehicles in 8711 8716 8901 8902 8903 8904 8905 Trailers and semi-trailers and spare parts thereof Cruise ships, excursion boats, ferry boats, cargo ships, barges and similar vessels for the transport of persons or goods Fishing vessels and factory ships Yachts and other vessels for pleasure or sports Tugs and pusher craft Light-vessels, fire-floats, dredgers, floating cranes and other vessels 1. 8. 98 ‹ EN ‹ Official Journal of the European Communities L 215/7 Points of entry referred to in Article 1(2), (5), (7) and (8) ANNEX IV The airports of: Luanda, and Katumbela (Benguela province) and the ports of: Luanda, Malongo (Cabinda province), Lobito (Benguela province) and Namibe (Namibe province). Areas of Angola to which that State’s administration has not been extended: ANNEX V Andulo Bailundo Mungo Nharea. Aircraft referred to in Article 1(7): ANNEX VI ANNEX VII List of UNITA persons established pursuant to paragraph 11 of Security Council Resolution 1127(1997): L 215/8 ‹ EN ‹ Official Journal of the European Communities 1. 8. 98 ANNEX VIII Names and addresses of competent national authorities referred to in Articles 3 and 4 BELGIUM (to be revised where necessary) Ministère des affaires étrangères, du commerce extérieur et de la coopération au développement Egmont 1, rue des Petits Carmes 19 B-1000 Bruxelles Direction des relations économiques et bilatérales extérieures a) Service Afrique du Sud du Sahara (B. 22), Tél. : (32 2) 501 85 77 b) Coordination de la politique commerciale (B. 40) Tél. : (32 2) 501 83 20 c) Service transports (B. 42), (32 2) 501 37 62 Tél. : Télécopieur: (32 2) 501 88 27 Ministère des affaires économiques ARE 4o division, service des licences Avenue du Général Leman 60 B-1040 Bruxelles Tél. : Télécopieur: (32 2) 206 58 16/27 (32 2) 230 83 22 Ministère des finances Trésorerie avenue des Arts 30 B-1040 Bruxelles Télécopieur: (32 2) 233 75 18 DENMARK Danish Agency for Trade and Industry Tagensvej 137 DK-2000 Copenhagen N Tlf. Fax (45) 35 86 86 87 (45) 35 86 86 86/35 86 84 91 /35 86 84 85 Ministry of Foreign Affairs Department of Southern Africa (S. 7) Asiatisk Plads 2 DK-1448 Copenhagen K Tlf. Fax (45) 32 54 05 33/33 92 18 02 (451 33 92 00 00/33 92 09 09/33 92 09 26 Central Customs anad Tax Administration Commercial Department Østbauegade 123 Tlf. (45) 35 29 73 00 Fax (45) 35 43 47 20 GERMANY Bundesausfuhramt (BAFA) Frankfurter Straße 29-35 D-65760 Eschborn Bundesanstalt für Landwirtschaft und Ernährung (BLE) Adickesallee 40 D-60322 Frankfurt Bundesamt für Verkehr Ref. LR 13 Postfach 200 100 D-53170 Bonn 1. 8. 98 ‹ EN ‹ Official Journal of the European Communities L 215/9 GREECE Ministry of Foreign Affairs Ambassador Nikolaos Chatoupis Directorate A7 Tel. (00301) 361 00 12 and Fax 361 00 96, 645 00 49 Zalokosta 1 106 71 Athens Ministry of National Economy Secretariat-General for International Economic Relations Directorate-General for External Economic and Trade Relations Director Th. Vlassopoulos Tel. 32 86 401-3 Fax 32 86 404 Directorate of Procedure of External Trade Directors: I. Tseros Tel. 32 86 021, 23 and Fax 32 86 059 A. Iglessis Tel. 32 86 051 and Fax 32 86 094 Ermou and Kornarou 1 105 63 Athens SPAIN Ministerio de Economía y Hacienda Dirección General de Comercio Exterior Paseo de la Castellana, 162 E-28046 Madrid (34) 913 49 38 60 Tel. Fax (34) 914 57 28 63 FRANCE Ministère de l’économie, des finances et de l’industrie Direction générale des douanes et des droits indirects Cellule embargo - Bureau E2 Tél. : (33 1) 44 74 48 93 Télécopieur: (33 1) 44 74 48 97 Ministère des affaires étrangères Direction des Nations unies et des organisations internationales Tél. : Télécopieur: (33 1) 43 17 59 68 (33 1) 43 17 46 91 IRELAND Department of Public Enterprise Aviation Regulation and International Affairs Division 44 Kildare Street Dublin 2 Tel. (353 1) 604 10 50 Fax (353 1) 670 74 11 L 215/10 ‹ EN ‹ Official Journal of the European Communities 1. 8. 98 ITALY Ministero degli Affari esteri — Roma D. G. A. E. -Uff. X Tel. 0039 6-36 91 37 50 Fax 36 91 37 52 Ministero del Commercio estero — Roma Gabinetto Tel. 0039 6-59 93 23 10 Fax 59 64 74 94 Ministero dei Trasporti — Roma Gabinetto Tel. 0039 6-44 26 71 16/84 90 40 94 Fax 44 26 71 14 LUXEMBOURG Ministère des affaires étrangères Direction des relations économiques internationales et de la coopération BP 1602 L-1016 Luxembourg NETHERLANDS Ministerie van Buitenlandse Zaken Directie Verenigde Naties Afdeling Politieke Zaken 2594 AC Den Haag Tel. : Fax: (0031-70) 348 42 06 (0031-70) 348 67 49 AUSTRIA Bundesministerium für wirtschaftliche Angelegenheiten Abteilung II/A/2 Landstrasser Hauptstraße 55-57 A-1030 Wien Bundesministerium für Wissenschaft und Verkehr Oberste Zivilluftfahrtbehörde (OZB) Radetzkystraße 2 A-1030 Wien Österreichische Nationalbank Otto Wagner Platz 3, A-1090 Wien Tel. 01-40420 PORTUGAL Ministério dos Negócios Estrangeiros A/C Mónica Lisboa Direcç˜ao-Geral dos Assuntos Multilaterais Largo Rilvas P-1300 Lisboa FINLAND Ulkoasiainministeriö PL 176 00161 Helsinki Utrikesministeriet PB 176 00161 Helsingfors 1. 8. 98 ‹ EN ‹ Official Journal of the European Communities L 215/11 SWEDEN Riksåklagaren Box 16370 S-103 27 Stockholm Tfn: Fax: (0046-8) 453 66 00 (0046-8) 453 66 99 Regeringskansliet Utrikesdepartementet Rättssekretariatet för EU-frågor Fredsgatan 6 S-103 39 Stockholm Tfn: Fax: (0046-8) 405 10 00 (0046-8) 723 11 76 UNITED KINGDOM Export Control Organisation Department of Trade and Industry Kingsgate House 66-74 Victoria Street London SW1E 6SW Tel. (44 171) 215 6740 Fax (44 171) 222 0612