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 on 26 April 1999 the Council expressed its strong and continuing support for maximum pressure on the FRY authorities to accept the five conditions prescribed by the International Community;

(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,

HAS ADOPTED THIS COMMON POSITION:

Article 1

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

2. The visa bans established in Common Positions 98/240/CFSP(1) and 98/725/CFSP(2) are confirmed.

3. The persons listed in the implementing Council Decision have been identified as falling within the scope of the prohibitions identified in paragraphs 1 and 2 and shall be reported for the purposes of non-admission in the territories of the Member States. All updates of the list shall be subject to an implementing decision by the Council.

4. In exceptional cases, exemptions may be made if this would further vital Union objectives and be conducive to political settlement.

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.

Article 3

The provision of export finance by the private sector to the Government of the FRY, the Government of the Republic of Serbia, a company, institution, undertaking or entity owned or controlled by those governments, or to any person acting on their behalf, will be prohibited.

Article 4

All flights operated commercially or for private purposes between the FRY and the European Community will be banned.

Article 5

No goods, services, technology or equipment will be exported to the FRY suitable for repairing damage caused by air strikes to assets, infrastructure or equipment which enable the Government of the FRY to conduct its policy of internal repression.

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.

Done at Brussels, 10 May 1999.

For the Council

The President

H. EICHEL

(1) OJ L 95, 27.3.1998, p. 1.

(2) OJ L 345, 19.12.1998, p. 1.