§ Lord Pestonasked Her Majesty's Government:
What steps have been taken by the United Kingdom and the European Union to implement the suspension of United Nations sanctions against Libya.[HL2050]
§ The Parliamentary Under-Secretary of State, Foreign and Commonwealth Office (Baroness Symons of Vernham Dean)UN sanctions against Libya imposed by Security Council Resolutions 748 and 883 were suspended on 5 April, in accordance with UN Security Council Resolution 1192 (1998), immediately the UN Secretary-General reported that the two Lockerbie accused had been delivered for trial before the Scottish court established in the Netherlands and that the Libyan Government had satisfied the French judicial authorities with regard to the bombing of UTA 772. The prohibition on payment of performance bonds in paragraph 8 of Resolution 883 remains in operation.
The provisions of those resolutions were implemented in the UK by restrictions imposed in the Libya (United Nations Prohibition of Flights) Order 1992, the Libya (United Nations Sanctions) Order 1993, the Libya (United Nations Sanctions) (Channel Islands) Order 1993 and the Libya (United Nations Sanctions) (Isle of Man) Order 1993. In accordance with Article 1(2) of each order, its operation was accordingly suspended; Article 13 of the three 1993 orders, which imposes restrictions on the payment of bonds given in respect of contracts whose performance had been affected by the suspended provisions of the orders, and the provisions in those orders relating to the enforcement of Article 13, remain in operation. Details of the suspension of UN sanctions and of the orders have been published in a notice in the London Gazette on 12 April and the Edinburgh and Belfast Gazettes on 9 April. Action is in hand to gazette the suspension of the relevant provisions of the orders implementing the UN sanctions in the Overseas Territories.
On 16 April, the Council of the EU adopted a Common Position (7318/99) suspending the measures taken against Libya by the EU in response to UN Security Council Resolutions 748 and 883.
The Common Position also specified that the measures agreed by member states in 1986 in response to Libya's general implication in terrorism should remain in force (these measures are an arms embargo; restrictions on the freedom of movement of Libyan diplomats and consular personnel; reduction of the staff of diplomatic and consular missions; and stricter visa requirements and procedures). The Common Position will he reviewed in the light of the UN Secretary-General's report on Libyan compliance 150WA with the remaining provisions of UN Security Council Resolutions 731 and 748, in particular Libyan renunciation of terrorism.
The Common Position does not affect Regulation 3275/93, which prohibits the satisfying of claims with regard to contracts and transactions the performance of which was affected by UN sanctions. Based on this Common Position, the EC adopted a regulation suspending the application of Regulation 3274/93 which prevented the supply of certain goods and services to Libya.
In addition to the EU measures against Libya agreed in 1986, national controls on the supply of aircraft, aircraft parts and flight simulators to Libya wider the provisions of Dual-Use and Related Goods (Export Control) Regulation 1996, as amended, remain in force.
The Foreign and Commonwealth Office will be issuing a press release on the suspension of EU sanctions against Libya.