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"BCOUNCIL REGULATION (EC) No 2488/2000
of 10 November 2000
maintaining a freeze of funds in relation to Mr Milosevic and those persons associated with him and
repealing Regulations (EC) Nos 1294/1999 and 607/2000 and Article 2 of Regulation (EC) No 926/98
(OJ L 287, 14.11.2000, p. 19)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 1205/2001 of 19 June 2001 L 163 14 20.6.20012000R2488 — EN — 21.06.2001 — 001.001 — 1
COUNCIL REGULATION (EC) No 2488/2000
of 10 November 2000
maintaining a freeze of funds in relation to Mr Milosevic and those
persons associated with him and repealing Regulations (EC) Nos
1294/1999 and 607/2000 and Article 2 of Regulation (EC) No 926/98
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Articles 60 and 301 thereof,
Having regard to Common Position 2000/599/CFSP of 9 October 2000
on support to a democratic FR Y and the immediate lifting of certain
restrictive measures (1), and to Common Position 2000/696/CFSP of 10
November 2000 on the maintenance of specific restrictive measures
directed against Mr Milosevic and persons associated with him (2),
Having regard to the proposal from the Commission,
Whereas:(1) On 15 June 1999, the Council adopted Regulation (EC) No
1294/1999 concerning a freeze of funds and a ban on investment
in relation to the Federal Republic of Yugoslavia (FR Y) (
3)
because of the continued violation of human rights and inter-
national humanitarian law by the Government of that country.
(2) Following the elections on 24 September 2000, a new President of
the FR Y was democratically elected and formally sworn in,
namely Mr V . Kostunica.
(3) On 9 October 2000, the Council approved a declaration on the
FR Y calling for a lifting of all sanctions imposed on the FR Y since
1998, with the exception of the provisions affecting the former
President of the FR Y , Mr Slobodan Milosevic and those persons
associated with him, as they continue to represent a threat to the
consolidation of democracy in the FR Y .
(4) Therefore, the scope of provisions of the present legal framework
concerning the freezing of funds held abroad by the Governments
of the FR Y and of the Republic of Serbia should be restricted to
cover Mr. Milosevic and the persons associated with him.
(5) These measures fall within the scope of the Treaty.
(6) Therefore, and with a view to avoiding distortion of competition,
Community legislation is necessary for the implementation of the
said measures as far as the territory of the Community is
concerned. Such territory is deemed to encompass, for the
purposes of this Regulation, all the territories of the Member
States to which the Treaty is applicable, under the conditions laid
down in that Treaty.
(7) The competent authorities of the Member States should, where
necessary, be empowered to ensure compliance with the provisions
of this Regulation.
(8) There is a need for the Commission and the Member States to
inform each other of the measures taken under this Regulation and
of other relevant information at their disposal in connection with
this Regulation, without prejudice to existing obligations with
regard to certain items concerned.!B
(1) OJ L 261, 14.10.2000, p. 1.
(2) See page 1 of this Official Journal.
(3) OJ L 153, 19.6.1999, p. 63. Regulation as last amended by Commission
Regulation (EC) No 1440/2000 (OJ L 161, 1.7.2000, p. 68).2000R2488 — EN — 21.06.2001 — 001.001 — 2
(9) It is desirable that penalties for violations of the provisions of this
Regulation can be imposed as of the date of the entry into force of
this Regulation.
(10) For reasons of transparency and simplicity, the main provisions of
Regulation (EC) No 1294/1999 have been incorporated into this
Regulation and therefore the former Regulation shall be repealed.
For the same reasons, Regulation (EC) No 607/2000 (1) and
Article 2 of Regulation (EC) No 926/98 (2) should also be
repealed.
(11) A procedure should be laid down for amending the Annexes to this
Regulation and for granting specific exemptions for strictly
humanitarian purposes.
(12) The measures necessary for the implementation of this Regulation
should be adopted in accordance with Council Decision
1999/468/EC of 28 June 1999 laying down the procedures for
the exercise of implementing powers conferred on the Commis-
sion (3),
HAS ADOPTED THIS REGULATION:
Article 1
1. All funds held outside the territory of the Federal Republic of
Yugoslavia belonging to Mr Milosevic and to natural persons associated
with him, as listed in Annex I, shall be frozen.
2. No funds shall be made available, directly or indirectly, to or for the
benefit of any person referred to in paragraph 1.
3. For the purpose of this Regulation:— funds means: financial assets and economic benefits of any kind,
including, but not necessarily limited to, cash, cheques, claims on
money, drafts, money orders and other payment instruments;
deposits with financial institutions or other entities, balances on
accounts, debts and debt obligations; publicly and privately traded
securities and debt instruments, including stocks and shares,
certificates representing securities, bonds, notes, warrants, deben-
tures, derivatives contracts; interest, dividends or other income on or
value accruing from or generated by assets; credit, right of set-off,
guarantees, performance bonds or other financial commitments;
letters of credit, bills of lading, bills of sale; documents evidencing
an interest in funds or financial resources, and any other instrument
of export-financing;
— freezing of funds shall mean: preventing any move, transfer,
alteration, use of or dealing with funds in any way that would result
in any change in their volume, amount, location, ownership,
possession, character, destination or other change that would make
possible the use of the funds, including portfolio management,
except that any interest or income arising or any capital auto-
matically repayable on maturity of any funds shall be paid into and
held in a frozen account.
Article 2
1. The participation, knowingly and intentionally, in related activities,
the object or effect of which is, directly or indirectly, to promote the
transactions or activities referred to in Article 1 or to circumvent the
provisions of this Regulation shall be prohibited.!B
(1) OJ L 73, 22.3.2000, p. 4. Regulation as last amended by Regulation (EC) No
2227/2000 (OJ L 261, 14.10.2000, p. 3).
(2) OJ L 130, 1.5.1998, p. 1.
(3) OJ L 184, 17.7.1999, p. 23.2000R2488 — EN — 21.06.2001 — 001.001 — 3
2. Any information that the provisions of this Regulation are being, or
have been circumvented shall be notified to the competent authorities of
the Member States as listed in Annex II and/or the Commission.
Article 3
1. Without prejudice to the applicable rules concerning reporting,
confidentiality and professional secrecy and to the provisions of Article
284 of the Treaty, banks, other financial institutions, insurance
companies, and other bodies and persons shall:
(a) provide immediately any information which would facilitate
compliance with this Regulation, such as accounts and amounts
frozen in accordance with Article 1:
— to the competent authorities of the Member States listed in
Annex II where they are resident or located, and
— directly or through these competent authorities to the Commis-
sion,
(b) cooperate with the competent authorities listed in Annex II in any
verification of this information.
2. Any information provided or received in accordance with this Article
shall be used only for the purposes for which it was provided or received.
3. Any information directly received by the Commission shall be made
available to the competent authorities of the Member States concerned.
Article 4
1. The measures necessary for the implementation of this Regulation
relating to the matters referred to below with the exception of those
referred to in paragraph (c) shall be adopted in accordance with the
management procedure referred to in Article 5(2).
2. The Commission shall be empowered:(a) to amend Annex I, taking into account decisions implementing
Common Position 2000/696/CFSP ,
(b) on an exceptional basis, to grant exemptions to Article 1 for strictly
humanitarian purposes.
(c) on the basis of information supplied by Member States, to amend
data on competent authorities of the Member States listed in Annex
II.
3. Any request by a person for an exemption referred to in paragraph
2(b) or for an amendment of Annex I shall be made through the
competent authorities of the Member States listed in Annex II.
The competent authorities of the Member States shall verify, to the
fullest extent possible, the information provided by the persons making a
request.
Article 5
1. The Commission shall be assisted by the Committee established
under Regulation (EC) No 2271/96.
2. Where reference is made to this paragraph, Articles 4 and 7 of
Decision 1999/468/EC shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be
set at 10 working days.
3. The Committee shall adopt its rules of procedure.!B2000R2488 — EN — 21.06.2001 — 001.001 — 4
Article 6
1. The Committee referred to in Article 5 shall examine all questions
concerning the application of this Regulation, which may be raised either
by the chairman or by a representative of a Member State.
2. The Committee shall regularly review the effectiveness of the
provisions of this Regulation and the Commission shall, on the basis of
that review, report regularly to the Council.
Article 7
The Commission and the Member States shall inform each other of the
measures taken under this Regulation and supply each other with the
relevant information at their disposal in connection with this Regulation,
in particular information received in accordance with Article 3, and in
respect of violation and enforcement problems or judgments handed
down by national courts.
Article 8
Each Member State shall determine the sanctions to be imposed where
the provisions of this Regulation are infringed. Such sanctions shall be
effective, proportionate and dissuasive. Pending the adoption, where
necessary, of any legislation to this end, the sanctions to be imposed
where the provisions of this Regulation are infringed shall be those
determined by the Member States in accordance with Article 12 of
Regulation (EC) No 1294/1999.
Article 9
Regulations (EC) Nos 1294/99 and 607/2000 and Article 2 of Regulation
(EC) No 926/98 shall be repealed.
Article 10
This Regulation shall apply:
— within the territory of the Community including its airspace,— on board any aircraft or any vessel under the jurisdiction of a
Member State,
— to any person elsewhere who is a national of a Member State,— to any body which is incorporated or constituted under the law of a
Member State.
Article 11
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.!B2000R2488 — EN — 21.06.2001 — 001.001 — 5
!M1
ANNEX I
Milosevic, Slobodan Former President of the Federal Republic of Yugosla-
via, born at Pozarevac, Republic of Serbia, on 20August 1941
Gajic-Milosevic, Milica Daughter-in-law, born 1970
Markovic, Mirjana Wife, born on 10 July 1942
Milosevic, Borislav Brother, born 1936
Milosevic, Marija Daughter, born 1965
Milosevic, Marko Son, born on 2 July 1974
Milutinovic, Milan President of Serbia, born at Belgrade, Republic of
Serbia, on 19 December 1942
Ojdanic, Dragoljub Former Minister of Defence, born at Ravni, Republic
of Serbia, on 1 June 1941
Sainovic, Nikola Former Deputy Prime Minister, born at Bor, Republic
of Serbia, on 7 December 1948
Stojilkovic, Vlajko Former Minister of the Interior, born at Mala Krsna,
Republic of Serbia, in 1937
Mrksic, Mile Indicted by International Criminal Tribunal for former
Yugoslavia (IT -95-13a), born near Vriginmost, Croa-
tia, on 20 July 1947
Radic, Miroslav Indicted by International Criminal Tribunal for former
Yugoslavia (IT -95-13a), born on 1 January 1961
Sljivancanin, Veselin Indicted by International Criminal Tribunal for former
Yugoslavia (IT -95-13a), born near Zabljak, Republic
of Montenegro, on 13 June 19532000R2488 — EN — 21.06.2001 — 001.001 — 6
ANNEX II
List of competent authorities referred to in Articles 2(2), 3 and 4
BELGIUM
Ministère des finances
‘Trésorerie’Avenue des Arts 30
B-1040 Bruxelles
Fax (32 2) 233 75 18
DENMARK
Erhvervsfremmestyrelsen
Langelinie Allé 17
DK-2100 København ØTlf. (45) 35 46 60 00Fax (45) 35 46 62 03
GERMANY
Landeszentralbank in Baden-Württemberg
Postfach 10 60 21D-70049 Stuttgart
Tel. (07 11) 944-11 20/21/23
Fax (07 11) 944-19 06
Landeszentralbank im Freistaat Bayern
D-80291 München
Tel. (0 89) 28 89-32 64
Fax (0 89) 28 89-38 78
Landeszentralbank in Berlin und Brandenburg
Postfach 11 01 60
D-10831 Berlin
Tel. (0 30) 34 75/11 10/15/20Fax (0 30) 34 75/11 90
Landeszentralbank in der Freien Hansestadt Hamburg, in Mecklenburg-
V orpommern und Schleswig-Holstein
Postfach 57 03 48D-22772 HamburgTel. (0 40) 37 07-66 00
Fax (0 40) 37 07-66 15
Landeszentralbank in Hessen
Postfach 11 12 32D-60047 Frankfurt am Main
Tel. (0 69) 23 88-19 20
Fax (0 69) 23 88-19 19
Landeszentralbank in der Freien Hansestadt Bremen, in Niedersachsen und
Sachsen-Anhalt
Postfach 2 45
D-30002 HannoverTel. (05 11) 30 33-27 23Fax (05 11) 30 33-27 30
Landeszentralbank in Rheinland-Pfalz und im Saarland
Postfach 10 11 48Tel. (02 11) 8 74-23 73/31 59Fax (02 11) 8 74-23 78
Landeszentralbank in den Freistaaten Sachsen und Thüringen
Postfach 90 11 21D-04103 LeipzigTel. (03 41) 8 60-22 00
Fax (03 41) 8 60-23 89!
B2000R2488 — EN — 21.06.2001 — 001.001 — 7
Bundesausfuhramt
Referat 214
Postfach 51 60
D-65726 EschbornTel. (0 61 96) 9 08-0Fax (0 61 96) 9 08-412
GREECE
Υπ2omikronυργεί2omikron Εθνικής 2Omikronικ2omikronν2omikronµίας
Γενική Γραµµατεία ∆ιεθνών 2Omikronικ2omikronν2omikronµικών Σ2khiέσεων
Γενική ∆ιεύθυνση Ε2ksiωτερικών 2Omikronικ2omikronν2omikronµικών και Εµπ2omikronρικών Σ2khiέσεων∆ιευθυντής Β.Β2omikronυτσινάςΕρµ2omikronύ και Κ2omikronρνάρ2omikronυ 1
Ελλάς-105 63 Αθήνα
Τηλ: (301) 32 86 431-32Φα2ksi: (301) 32 86 434
(Ministry of National Economy
Secretariat-General for International Economic Relations
Directorate-General for External Economic and Trade Relations)Director V . V outsinasErmou and Cornarou 1
GR-105 63 Athens
Tel. (301) 32 86 431-32Fax (301) 32 86 434
SP AIN
Ministerio de Economía
Dirección General de Comercio e Inversiones
Paseo de la Castellana, 162E-28046 MadridTel.: (34 91) 349 39 83
Fax: (34 91) 349 35 62
Dirección General del Tesoro y Política Financiera
Paseo del Prado, 6E-28014 Madrid
Tel.: (34 91) 209 95 11
Fax: (34 91) 209 96 56
FRANCE
Ministère de l’économie, des finances et de l’industrie
Direction du TrésorBureau E1
139, rue du Bercy
F-75572 Paris—cedex 12 SP
IRELAND
Articles 2(2) and 3
Central Bank of Ireland
Financial Markets Department
Dame StreetDublin 2Ireland
Tel. (353 1) 671 66 66
Article 4(2)
Department of Foreign Affairs
Bilateral Economic Relations Section
76-78 Hartcourt StreetDublin 2Ireland
Tel. (353 1) 408 24 92!
B2000R2488 — EN — 21.06.2001 — 001.001 — 8
ITAL Y
Ministero del Commercio estero - ROMA
GabinettoTel. (39 06) 59 93 23 10
Fax (39 06) 59 64 74 94
LUXEMBOURG
Ministère des affaires étrangères
Direction des relations économiques internationales et de la coopérationBP 1602
L-1016 Luxembourg
NETHERLANDS
Ministerie van Financiën
Directie Wetgeving, Juridische en Bestuurlijke ZakenPostbus 202012500 EE Den Haag
Nederland
Tel. (31-70) 342 82 27Fax (31-70) 342 79 05
AUSTRIA
Bundesministerium für wirtschaftliche Angelegenheiten
Abteilung II/A/2
Landstrasser Hauptstraße 55-57A-1030 Wien
Österreichische Nationalbank
Otto Wagnerplatz 3A-1090 WienTel. (43 1) 40 420
PORTUGAL
Ministério das Finanças
Direcção-Geral dos Assuntos Europeus e Relações InternacionaisAvenida Infante D. Henrique, n.
o1C, 2.o
P-1100-273 Lisboa
FINLAND/SUOMI
Ulkoasiainministeriö
PL 176
FIN-00161 Helsinki
Utrikesministeriet
PB 176FIN-00161 Helsingfors
SVERIGE
Article 2(2)
Riksåklagaren
Box 16370S-103 27 Stockholm
Tfn (46-8) 453 66 00
Fax (46-8) 453 66 99
Articles 3 and 4(2)
Regeringskansliet
UtrikesdepartementetRättssekretariatet för EU-frågorFredsgatan 6
S-103 39 Stockholm
Tfn (46-8) 405 10 00Fax (46-8) 723 11 76!
B2000R2488 — EN — 21.06.2001 — 001.001 — 9
UNITED KINGDOM
Bank of England
Sanctions Emergency Unit
London EC2R 8AH
Tel. (44 207) 601 46 07Fax (44 207) 601 43 09
HM Treasury
International Financial Services
Parliament StreetLondon SW1P 3AGTel. (44 207) 207 55 50
Fax (44 207) 207 43 65!
B2000R2488 — EN — 21.06.2001 — 001.001 — 10