1999R2111 — EN — 10.02.2000 — 002.001 — 1
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►B COUNCIL REGULATION (EC)No 2111/1999
of 4 October 1999
prohibiting the sale and supply of petroleum and certain petroleum products to certain parts of the
Federal Republic of Yugoslavia (FRY)and repealing Regulation (EC)No 900/1999
(OJ L 258, 5.10.1999, p. 12)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 2421/1999 of 15 November 1999 L 294 7 16.11.1999
►M2Commission Regulation (EC) No 303/2000 of 9 February 2000 L 35 8 10.2.2000
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COUNCIL REGULATION (EC)No 2111/1999
of 4 October 1999
prohibiting the sale and supply of petroleum and certain petroleum
products to certain parts of the Federal Republic of Yugoslavia
(FRY)and repealing Regulation (EC)No 900/1999
THE COUNCIL OF THE EUROPEAN UNION,
Havingreg ard to the Treaty establishingthe European Community, andin particular Article 301 thereof,
Havingreg ard to Council Common Position 1999/604/CFSP of 3
September 1999, amendingCommon Position 1999/273/CFSPconcerninga ban on the supply and sale of petroleum and petroleumproducts to the Federal Republic of Yugoslavia (FRY), and CommonPosition 1999/318/CFSP concerningadditional restrictive measuresagainst the Federal Republic of Yugoslavia(
1)
Havingreg ard to the proposal from the Commission,Whereas:
(1)The Government of the Federal Republic of Yugoslavia (‘FRY')
has continued to violate United Nations Security Council Resolu-tions and to pursue extreme and criminally irresponsible policies,includingrepression ag ainst its own citizens, which constituteserious violations of human rights and international humanitarianlaw, and Common Position 1999/273/CFSP (
2) provided that the
supply and sale of petroleum and petroleum products to the FRYshould be prohibited; however, Council Common Position 1999/604/CFSP provides that that prohibition should not apply to thesale and supply of such products to the Province of Kosovo andthe Republic of Montenegro;
(2)The prohibition of selling, supplying or exporting petroleum andpetroleum products to the FRY falls within the scope of theTreaty establishingthe European Community;
(3)Therefore, and particularly with a view to avoidingdistortion ofcompetition, Community legislation is necessary for the imple-mentation of this prohibition as far as the territory of theCommunity is concerned; for the purposes of this Regulationsuch territory is deemed to encompass the territories of theMember States to which the Treaty establishingthe EuropeanCommunity is applicable, under the conditions laid down in thatTreaty;
(4)To that end the Council adopted on 29 April 1999 a Regulation(EC) No 900/1999 prohibitingthe sale and supply of petroleumand certain petroleum products to the Federal Republic of Yugo-slavia (FRY) (
3)
(5)The developments with regard to the FRY permit a partial liftingof the embargo imposed by Regulation (EC) No 900/1999;
(6)Such partial liftingshould not prejudice the remainingapplic-ability of Regulation (EC) No 900/1999 with regard to the FRY;
(7)For reasons of transparency and simplicity, the provisions ofRegulation (EC) No 900/1999 should be incorporated in thisRegulation, and that Regulation should be repealed,
(1) OJ L 236, 7.9.1999, p. 1.
(2) OJ L 108, 27.4.1999, p. 1.
(3) OJ L 114, 1.5.1999, p. 7.
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HAS ADOPTED THIS REGULATION:
Article 1
It shall be prohibited, knowingly and intentionally, to:
(a) sell, supply or export, directly or indirectly, petroleum and petro-
leum products listed in Annex I, whether or not originating in theCommunity, to any person or body in the FRY or to any person orbody for the purpose of any business carried on in, or operatedfrom, the territory of the FRY;
(b) ship products referred to in point (a) to the territory of the FRY;
(c) participate in related activities the object or the effect of which is to
promote the transactions or activities referred to in points (a) and(b).
Article 2
1. Notwithstandingthe provisions of Article 1, the competent author-
ities may authorise:
(a) the sale, supply, export or shipment of products listed in Annex I
for the use of diplomatic and consular missions of the MemberStates in the FRY as well as for the use of an international militarypeace-keepingpresence;
(b) on a case-by-case basis and subject to the consultation procedure set
out in paragraph 2, the sale, supply or export of the products listedin Annex I if conclusive evidence is given to these authorities thatthe sale, supply or export serves strictly humanitarian purposes.
2. The competent authorities of a Member State which intend to
authorise a sale, supply or export in accordance with paragraph 1(b)shall notify to the competent authorities of the other Member States andto the Commission the grounds on which they intend to authorise thesale, supply or export concerned.
If, within one workingday after the receipt of the said notification, a
Member State or the Commission has given notice to the other MemberStates or the Commission of conclusive evidence that the intended sale,supply or export will not serve the indicated humanitarian purposes, theCommission will convene within one workingday of the said notice ameetingwith the Member States in order to consult on the relevantevidence.
The Member State which intends to authorise the sale, supply or export
shall take a decision with regard to this authorisation only when noobjections have been raised or after the consultations on the conclusiveevidence have taken place at the meetingconvened by the Commission.In case of an authorisation, the Member State concerned shall notify tothe other Member States and the Commission the grounds on which itsdecision to authorise has been taken.
▼
M1
Article 2a
1. NotwithstandingArticle 1, sales, supplies or exports of the prod-
ucts listed in Annex I and related activities may be authorised on acase-by-case basis by the competent authorities of the Member States inaccordance with the model set out in Annex II on the condition that:
— they take place within the framework of the Energy for Democracy
initiative referred to in Council Common Position 1999/691/CFSP;and
— conclusive evidence has been presented to these authorities in
accordance with paragraph 2 that the end-users or final destinationsof the products are the municipalities listed in Annex V.
2. The Commission shall establish procedures and mechanisms to
enable the competent authorities of the Member States to obtain conclu-sive evidence in respect of the end-users or final destinations referred toin paragraph 1. These procedures and mechanisms shall be applicable asfrom the date of their notification to the said competent authorities or
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▼M1
their publication in the Official Journal of the European Communities
whichever is earlier.
For as longas the Commission has not established, notified or published
these procedures and mechanisms, the said competent authorities shallgrant authorisations only if they have received conclusive evidence inaccordance with the model set out in Annex IV.
3. The competent authorities of the Member States shall notify each
other of any authorisations granted under this Article and of the conclu-sive evidence obtained.
Article 2b
The Commission shall amend the list of municipalities or final destina-
tions in the Republic of Serbia listed in Annex V in accordance with thedecisions of the Council adopted in the framework of Council CommonPosition 1999/691/CFSP.
▼
B
Article 3
1. Notwithstandingthe provisions of Article 1, the competent author-
ities may authorise the sale, supply or export, directly or indirectly, ofpetroleum and petroleum products listed in Annex I to any person orbody for the purpose of any business carried on in, or operated from,the territory of the Federal Republic of Yugoslavia, and the shipment tothe territory of the Federal Republic of Yugoslavia, provided thatconclusive evidence is presented to these authorities that:
(a) the petroleum and petroleum products sold, supplied or exported are
shipped from the Community to the Republic of Montenegro or theProvince of Kosovo without transitingthroug h other parts of theRepublic of Serbia; and
(b) the petroleum and petroleum products shall not leave the territory of
the Republic of Montenegro or the Province of Kosovo for anydestination elsewhere in the Republic of Serbia.
Any authorisation should be made in accordance with the model set out
in Annex II.
2. A declaration by the relevant bodies designated by the Special
Representative of the United Nations Secretary General for the Provinceof Kosovo or by the competent authorities of the Republic of Monte-negro listed in Annex III, in accordance with the model set out inAnnex IV, shall be conclusive evidence for the purpose of any author-isation pursuant to paragraph 1.
3. With regard to each territory concerned and until such time as the
names and addresses of its relevant body or competent authority to belisted in Annex III will have been published in the Official Journal of
the European Communities , a competent authority of a Member State
shall not grant a prior authorisation before it has requested thecompetent authorities of the other Member States and the Commissionto give their comments on the evidence presented, which, if any, shallbe g iven within a period of five workingdays after sendingthe request.After these five days and on the basis of the comments received or anyother information obtained in the meantime, the competent authorityconcerned shall take a decision in respect of the granting of an author-isation, and notify the Commission and the other Member States of thisdecision.
Article 4
Article 1 shall not apply as regards sales, supplies, exports or shipments
to the forces in which the Member States participate, operatingin theFRY.
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Article 5
Each Member State shall determine the sanctions to be imposed where
the provisions of this Regulation are infringed. Such sanctions shall beeffective, proportionate and dissuasive.
Pendingthe adoption, where necessary, of any leg islation to this end,
the sanctions to be imposed where the provisions of this Regulation areinfringed shall be those determined by the Member States in accordancewith Article 5 of Council Regulation (EC) No 926/98 of 27 April 1998concerningthe reduction of certain economic relations with the FederalRepublic of Yugoslavia(
1).
Article 6
The Commission and the Member States shall inform each other of the
measures taken under this Regulation and shall supply each other withother relevant information at their disposal in connection with thisRegulation, such as violation and enforcement problems or judgmentshanded down by national courts.
Member States shall notify the competent authorities of other Member
States and the Commission of any authorisations for sale, supply, orexport or shipment granted in accordance with Article 3(1).
Article 7
The Commission shall establish the list of competent authorities
referred to in Articles 2 and 3(1) on the basis of relevant informationprovided by the Member States. The Commission shall publish this listand any changes to it in the Official Journal of the European Communi-
ties.
The Commission shall establish and, if necessary, amend the list of
competent authorities of the Republic of Montenegro referred to inArticle 3(2).
The Commission shall establish and, if necessary, amend the list of
relevant bodies designated by the Special Representative of the UnitedNations Secretary-General for the Province of Kosovo referred to inArticle 3(2).
The Commission shall amend if necessary the models of prior author-
isation and prior final destination declaration referred to Article 3(1)and (2). The Commission shall publish any changes to this list and thesemodels in the Official Journal of the European Communities .
Article 8
Regulation (EC) No 900/1999 is hereby repealed and replaced by the
provisions of this Regulation. Any reference to Articles of that Regula-tion shall be construed as reference to the correspondingArticle of thisRegulation.
Article 9
This Regulation shall apply within the territory of the Community,
includingits air space and on board any aircraft or any vessel under thejurisdiction of a Member State and to any person elsewhere who is anational of a Member State and any body which is incorporated orconstituted under the law of a Member State.
Article 10
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.
(1) OJ L 130, 1.5.1998, p. 1.
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ANNEX I
Petroleum and petroleum products referred to in Article 1
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 orincluded, containingby weig ht 70 % or more or petroleumoils or of oils obtained from bituminous minerals, these oilsbeingthe basic constituents of the preparations
2711 Petroleum gases and other gaseous hydrocarbons
2712 10 Petroleum jelly
2712 20 00 Paraffin wax containingby weig ht less than 0,75 % of oil
ex 2712 90 ‘Slack wax',‘scale wax'
2713 Petroleum coke, petroleum birumen 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 mineraltar 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 Lubricatingpreparations (includingcutting -oil preparations,
bolt or nut release preparations, anti-rust or anti-corrosionpreparations and mould release preparations, based on lubri-cants) containing70 % or more by weig ht of petroleum oilsor of oils obtained from bituminous minerals but not as thebasic constituent
3811 21 00 Additives for lubricatingoils containingpetroleum oils or
oils obtained from bituminous minerals
3824 90 10 Petroleum sulphonates, excludingpetroleum sulphonated of
alkali metals, of ammonium or of ethanolamines; thiophen-ated sulphonic acids oils obtained from bituminous minerals,and their salts
ex 3824 90 95 Other products derived from petroleum and petroleum prod-ucts
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ANNEX II
Model of authorisation document of EC competent authorities referred to in Article 3(1)
EUROPEAN COMMUNITY PRIOR AUTHORISATION
1. APPLICANT (name, full address, country)
ORIGINAL
2. No
DatePeriod of validity
3. END-USER/FINAL DESTINATION (name, full address, country/ter-
ritory)4. COUNTRY OF EXPORT (Code)(1)
5. TERRITORY OF DESTINATION AND ROUTE OF SHIPMENT
6. PLACEAND DATEOF SHIPME NT — ME ANS OF TRANSPORT 7. NUMBER OF DECLARATION OF END USER/FINAL DESTINATION
NOTEThis authorisation does not discharge the exporter from fulfilling any otherconditions applicable in the export of the goods concerned.8. SUPPLEMENTARY DETAILS
9. MARKS AND NUMBER — NUMBER AND KIND OF PACKAGES —
DESCRIPTION OF GOODS AND THEIR USE10. CN CODE 11. QUANTITY(2)12. VALUE(3)
13. CERTIFICATION BY THE COMPETENT AUTHORITY OF THE EUROPEAN COMMUNITIES
Certified that the sale, supply, export or shipment to the FRY of products described above has been authorised
Place and Date
Signature
14. COMPETENT AUTHORITY (name, full address, country) Stamp
(1) As listed in Commission Regulation (EC) No 2645/98 (OJ L 335, 10.12.1998, p. 22).
(2) Show net weight (kg) and also quantity in the unit prescribed for category where other than net weight.
(3) In the currency of the sale contract.
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ANNEX III
List of relevant bodies in the Province of Kosovo and competent authorities of
the Republic of Montenegro, referred to in Article 3(2)
[...]
p.m.
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ANNEX IV
Model of prior final destination declaration of the relevant bodies of the Province of Kosovo or the competent authorities of the Republic of
Montenegro referred to in Article 3(2)
PRIOR FINAL DESTINATION DECLARATION
1. APPLICANT (name, full address, country)
ORIGINAL
2. No
DatePeriod of validity
3. END-USER/FINAL DESTINATION (name, full address, country/ter-
ritory)(1)4. COUNTRY OF EXPORT (Code)(2)
5. TERRITORY OF DESTINATION AND ROUTE OF SHIPMENT PROVINCE
OF KOSOVO/REPUBLIC OF MONTENEGRO
KOSOVO/REPUBLIC OF MONTENEGRO(3)
6. SUPPLY DETAILS
7. MARKS AND NUMBER — NUMBER AND KIND OF PACKAGES —
DESCRIPTION OF GOODS AND THEIR USE8. CN CODE 9. QUANTITY(4) 10. VALUE(5)
11. CERTIFICATION BY THE RELEVANT BODY OF THE PROVINCE OF KOSOVO OR THE COMPETENT AUTHORITY OF THE REPUBLIC OF MONTE-
NEGRO(3)
The said goods are subject to official control as regards their end-user/final destination. The certificate ceases to be valid unless presented to th e
competent foreign authorities within three months from the date of issue. Certificates which have not been used must be returned to the competentauthority. Diversion (re-exportation) to another country only possible with the authorisation of the competent licensing authority.
I, the undersigned, certify that the end-user/final destination of the goods described above is in the territory of Province of Kosovo/Republic of
Montenegro(
3)
Place and Date
Signature
12. COMPETENT AUTHORITY (name, full address, country) 13. Stamp
(1) If there are more than 10 end-users or final destinations, the applicant shall indicate these end-users or final destinations in an Annex to this Decl aration.
(2) As listed in Commission Regulation (EC) No 2645/98 (OJ L 335, 10.12.1998, p. 22).
(3) Indicate which of both territories/authorities.
(4) Show net weight (kg) and also quantity in the unit prescribed for category where other than net weight.
(5) In the currency of the sale contract.
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ANNEX V
List of municipalities or final destinations in the Republic of Serbia referred
to in Article 2a(1)
1. The city of Nis2. The city of Pirot3. Kragujevac4. Kraljevo5. Novi Sad6. Sombor7. Subotica