1999X0318 — EN — 10.11.2000 — 004.001

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Amended by:

▼B

COMMON POSITION

of 10 May 1999

adopted by the Council on the basis of Article 15 of the Treaty on European Union concerning additional restrictive measures against the Federal Republic of Yugoslavia

(1999/318/CFSP)

THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article 15 thereof, (1) Whereas on 8 April 1999 the Council concluded that extreme and criminally irresponsible policies and repeated violations of United Nations Security Council Resolutions by the Federal Republic of Yugoslavia (FRY) had made the use of the most severe measures, including military action, both necessary and warranted; (2) Whereas the Council has expressed its support for the maintenance or strengthening of the sanctions targeted at the regime, without penalising the Serbian people; (3) Whereas the Council agreed to implement a ban on the sale and supply of petroleum and petroleum products by 30 April 1999 and to extend the European Union sanctions regime by extending the travel bans; extending the scope of the freeze of funds; prohibiting the provision of export finance by the private sector further to the existing moratorium on government-financed export credits; extending the ban on new investments; widening the scope of the prohibition on the export of equipment for internal repression and its extension to include goods, services, technology and equipment for the purpose of restoring or repairing assets damaged in air strikes; discouraging the participation of the FRY in international sporting events; banning all flights between the FRY and the European Community; (4) Whereas the Union will consider every opportunity to help Montenegro bear the burdens imposed upon it by the conflict in Kosovo; (5) Whereas the European Union considers the alignment of its Associated Countries of Eastern and Central Europe and Cyprus, and the EFTA countries important to maximise the impact of this Common Position; (6) Whereas action by the Community is needed in order to implement some of the measures cited below, ▼B HAS ADOPTED THIS COMMON POSITION:

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Article 1

1. No visas shall be issued for President Milosevic, his family, all Ministers and senior officials of the Federal and Serbian Governments, and for persons whose activities support President Milosevic.

2. For the purposes of paragraph 1, the Council shall identify, in an implementing Decision, the persons to be reported for the purposes of non-admission in the Member States in accordance with any or all of the following criteria:

— persons indicted for crimes as defined in Articles 1 to 5 of the International Criminal Tribunal on Yugoslavia statute;

— the following persons: President Milosevic, his family and all Ministers and senior officials of the Federal and Serbian Governments;

— persons whose activities support President Milosevic politically and/or financially (including publishers, editors-in-chief and SPS party members);

— leaders of the military and police forces and those responsible for intelligence or security services;

— persons involved in repression activities.

3. Persons to whom the criteria referred to in paragraph 2 are no longer applicable shall be deleted from the list of persons reported for the purposes of non-admission.

4. Implementing Decisions taken by the Council shall be updated as the need arises and, at the latest, every two months.

5. The Presidency shall ensure that appropriate procedures are put in place for the purposes of implementing paragraphs 1 to 4.

6. Paragraphs 2 to 5 above shall also apply in respect of the visa ban measures decided under Article 4 of Common Position 1998/240/CFSP and Article 1 of Common Position 1998/725/CFSP.

7. In exceptional cases, exemptions may be made if this would further vital Union objectives and be conducive to political settlement, subject to prior notification by the Member State granting the exception to the other Member States.

▼B

Article 2

The scope of the freeze of funds held abroad by the FRY and Serbian Governments will be extended, covering individuals associated with President Milosevic and companies controlled by, or acting on behalf of the FRY and Serbian Governments.

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▼B

Article 6

The Presidency will ask the Associated Countries of Eastern and Central Europe and Cyprus and the EFTA Members to align themselves with this Common Position in order to maximise the impact of the above measures.

Article 7

This Common Position will be kept under constant review.

Article 8

This Common Position shall take effect on the date of its adoption.

Article 9

This Common Position shall be published in the Official Journal.