32002E0599

Council Common Position

of 22 July 2002

supplementing Common Position 96/741/CFSP concerning the derogations from the embargo with regard to Iraq

(2002/599/CFSP)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 15 thereof,

Whereas:

(1) Resolution 986(1995), adopted by the United Nations Security Council on 14 April 1995, and implemented in accordance with the Memorandum of Understanding of 20 May 1996 between Iraq and the United Nations Secretary-General, as well as other subsequent resolutions of the United Nations Security Council related to the improvement of the humanitarian situation in Iraq, provide for derogations to the embargo which was established with regard to Iraq, in particular in Resolutions 661(1990) and 687(1991).

(2) In order to implement Resolution 986(1995) and the Memorandum of Understanding of 20 May 1996, on 17 December 1996, the Council adopted Common Position 96/741/CFSP defined by the Council on the basis of Article J.2 of the Treaty on European Union concerning derogations from the embargo with regard to Iraq(1).

(3) On 14 May 2002, the United Nations Security Council adopted Resolution 1409(2002), which provides for a new regime for these derogations to the embargo, based on a Goods Review List and simplified procedures for its application.

(4) It is therefore necessary to adopt a new Common Position supplementing Common Position 96/741/CFSP.

(5) Action by the Community is needed in order to implement certain measures,

HAS ADOPTED THIS COMMON POSITION:

Article 1

Within the framework of the embargo established with regard to Iraq, in particular in Resolutions 661(1990) and 687(1991), the derogations from the embargo established by Resolution 986(1995) and implemented in accordance with the Memorandum of Understanding of 20 May 1996 between Iraq and the UN Secretary-General, shall be allowed under the conditions set out in Resolution 1409(2002).

Article 2

This Common Position shall enter into force on the date of its adoption.

Article 3

This Common Position shall be published in the Official Journal.

Done at Brussels, 22 July 2002.

For the Council

The President

P. S. Møller

(1) OJ L 337, 27.12.1996, p. 5.