COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(93) 173 final 
Brussels, 21 Apr i I 1993 
Draft 
DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS 
OF THE MEMBER STATES MEETING WITHIN THE COUNCIL 
concerning trade between the European Coal and Steel Community 
and the Republics of Serbia and Montenegro, 
Proposal for a 
TOiiwiu qffimATIQN fEEC) 
concerning trade between the European Economic Community 
and the Republics of Serbia and Montenegro, 
(prer.finteri by the Commission) 
EXPLANATORY NOTE 
The United Nations Security Council has adopted Resolution 820(1993) 
which, inter alia, obliges the Member States of the United Nations to 
strengthen the existing embargo of the Republics of Serbia and 
Montenegro, in particular, by further limiting and improved monitoring of 
transshipments through these Republics and controlling of exports to, 
imports from and transshipments through Serb controlled areas in the 
Republic of Croatia and the Republic of Bosnia Herzegovina. 
The Security Council, furthermore, enables Member States of the United 
Nations to impound, detain and possibly forfeit transport means and 
cargos that are suspected of or found to be violating the embargo. 
The present proposals of the Commission for an EEC Regulation and an ECSC 
Decision aim at an integration of the provisions of UNSC Resolution 
820(1993) in texts that consolidate, at the same time, the existing EEC 
Regulations and ECSC Decisions and their amendments with regard to the 
embargo of the Republics of Serbia and Montenegro. 
a 
Draft 
DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS 
OF THE MEMBER STATES MEETING WITHIN THE COUNCIL 
Of April 1993 
concerning trade between the European Coal and Steel Community 
and the Republics of Serbia and Montenegro, 
THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE 
EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL, 
Whereas the Community and its Member States have decided to recognise the 
independence of the Republic of Bosnia Herzegovina as of 7 April 1992; 
Whereas this Republic has become a Member of the United Nations as of 23 
May 1992; 
Whereas the prolonged direct and indirect activities of the Republics of 
Serbia and Montenegro in and with regard to the Republic of Bosnia 
Herzegovina are the main cause for the dramatic developments in the 
Republic of Bosnia Herzegovina; 
Whereas a continuation of these activities will lead to further 
unacceptable loss of human life and material damage, and to a further 
breach of international peace and security in the region; 
Whereas the United Nations Security Council has expressed, repeatedly, 
its serious concern about the rapid and violent deterioration of the 
situation in the Republic of Bosnia Herzegovina; 
Whereas the President of the Republic of Bosnia Herzegovina has aslced the 
international community to assist his country against the intervention of 
the Republics of Serbia and Montenegro in the internal affairs of the 
RepubIi c of Bosn i a Herzegovi na; 
Whereas the Bosnian Serb party has up till now not accepted in full the 
peace plan of the International Conference on the Former Yugoslavia in 
spite of appeals by the Security Council; 
- 11 -
Whereas the Community and its Member States, meeting within the framework 
of political cooperation, have decided that measures have to be taken to 
dissuade the Republics of Serbia and Montenegro from further violating 
the integrity and security of the Republic of Bosnia Herzegovina and to 
induce the Bosnian Serb party to cooperate in the restoration of peace in 
this Republic; 
Whereas further violations of the existing embargo on the Republics of 
Serbia and Montenegro in particular by the transit through these 
Republics and by activities carried out between these Republics and the 
Serb-controlled areas in the Republic of Croatia and the Republic of 
Bosnia Herzegovina have to be prevented; 
Whereas the United Nations Security Council, acting under Chapter VII of 
the Charter of the United Nations, has adopted Resolution 820(1993), in 
order to strengthen the embargo of the Republics of Serbia and 
Montenegro, decided upon in Resolutions 713(1991), 752(1992) and 
787(1992); 
Whereas under these conditions the Community has to strengthen the 
embargo of the Republics of Serbia and Montenegro, as established by 
Decisions 92/285/ECSC1> and 92/470/ECSC2>; 
Whereas the Community and its Member States have agreed to have recourse 
to a Community instrument, inter alia in order to ensure an uniform 
implementation throughout the Community of certain of these measures; 
In agreement with the Commission, 
1) OJ N* L151 of 3.6.1992, p.20, for the last time amended by Decision 
92/555/ECSC (OJ N* L358 of 8.12.1992, p.18) 
2) OJ N' L266 of 12.9.1992, p.29, for the last time amended by Decision 
93/8/ECSC (OJ N- L7 of 13.1.1993, p.11) 
h 
- 12 -
HAVE DECIDED AS FOLLOWS: 
Article 1 
As from 26 April 1993, the following shall be prohibited: 
(a) the introduction into the territory of the Community of all 
commodities and products originating in, coming from or having 
transited through the Republics of Serbia and Montenegro; 
(b) the export to or the transit through the Republics of Serbia and 
Montenegro of all commodities and products originating in, coming 
from or having transited through the Community; 
(c) the entering into the territorial sea of the Republics of Serbia 
and Montenegro by all commercial traffic; 
(d) any activity whose object or effect it is, directly or 
indirectiy, to promote the transactions mentioned under (a), (b) 
or (c) above; 
Article 2 
The prohibitions of Article 1 shall not apply to: 
(a) the export or transit through the Community to the Republics of 
Serbia and Montenegro of essential humanitarian supplies, which 
are approved on a case-by-case basis under its 'no objection' 
procedure by the Committee established pursuant to Resolution 
724(1991) of the United Nations Security Council; 
(b) the introduction into the territory of the Community of 
commodities and products which originate in or come from the 
Republics of Serbia and Montenegro and were exported from these 
Republics before 31 May 1992 or which are dispatched or transited 
through these Republics before 26 April 1993; 
<r 
- 13 -
(c) transits through the territory of the Republics of Serbia and 
Montenegro which are authorised by the said Committee, and 
provided that, in case of transit on the Danube, each vessel 
involved is subjected to effective monitoring while passing along 
the Danube between Vidin/Calafat and Mohacs; 
(d) the entering by commercial maritime traffic of the territorial 
sea of the Republics of Serbia and Montenegro which is authorised 
on a case-by-case basis by the said Committee or which 
constitutes a case of force majeure-, 
(e) any activity whose object or effect is, directly or indirectly, 
to promote the activities mentioned under this article; 
Article 3 
As from 26 April 1993 the following shall be prohibited: 
(a) the introduction into the territory of the Community of all 
commodities and products originating in, coming from or having 
transited through the United Nations Protected Areas in the 
Republic of Croatia and those areas of the Republic of Bosnia 
Herzegovina under the control of Bosnian Serb forces; 
(b) the export to or transit through these areas of all commodities 
and products originating in, coming from or having transited 
through the Community; 
unless properly authorised by the Government of the Republic of Bosnia 
Herzegovina or the Government of the Republic of Croatia respectively. 
Article 4 
The prohibition of Article 3 shall not apply to the export to, import 
from or transit through the said areas of essential humanitarian 
supplies, including medical supplies and foodstuffs distributed by 
international humanitarian agencies. 
c 
- 14 -
Article 5 
The following activities shall be subject to prior authorisation to be 
issued by the competent authorities of the Member States: 
(a) Exports to the Republics of Serbia and Montenegro of commodities 
and products for essential humanitarian supplies in accordance 
with Article 2 (a) of this Decision; 
(b) transits in accordance with Articles 2 and 3 of this Decision; 
(c) the exports to and imports from the United Nations Protected 
Areas in the Republic of Croatia and those areas of the Republic 
of Bosnia Herzegovina under the control of Bosnian Serb forces in 
accordance with Article 3 of this Decision. 
Article 6 
Article 1 shall apply notwithstanding any rights or obligations 
conferred or imposed by any international agreement or any contract 
entered into or any licence granted before 31 May 1992. 
Article 7 
The provisions of Articles 1, 3, 5 and 6 do not apply to the 
activities related to Unprofor, the conference on Yugoslavia or the 
European Community Monitor Mission. 
Article 8 
All vessels, freight vehicles, rolling stock and aircraft in which a 
majority or controlling interest is held by a person or undertaking in 
or operating from the Republics of Serbia and Montenegro shall be 
impounded by the competent authorities of the Member States. 
Expenses of impounding vessels, freight vehicles, rolling stock and 
aircraft may be charged to their owners. 
7 
- 15 -
Article 9 
All vessels, freight vehicles, rolling stock, aircraft and cargos 
suspected of having violated or being in violation of Decision 
92/285/ECSC or this Decision shall be detained by the competent 
authorities of the Member States pending investigations. 
Article 10 
Each Member State shall determine the sanctions to be imposed where 
the provisions of this Decision are infringed. 
Where a determination has been made that vessels, freight vehicles, 
rolling stock, aircraft and cargos have been in violation of Decision 
92/285/ECSC or this Decision they may be forfeited to the Member State 
whose competent authorities have impounded or detained them. 
Article 11 
The Commission shall take the necessary measures with regard to the 
implementation of this Decision. 
The Commission shall be assisted by a committee composed of the 
representatives of the Member States and chaired by the representative 
of the Commission. 
The Committee shall be called the 'ECSC Sanctions Committee'. 
The representative of the Commission shall submit to the Committee a 
draft of the measures to be taken. The Committee shall deliver its 
opinion on the draft within a time limit which the chairman may lay 
down according to the urgency of the matter. The opinion shall be 
delivered by the majority laid down in Article 148(2) of the Treaty in 
the case of decisions which the Council is required to adopt on a 
proposal from the Commission. The votes of the representatives of the 
Member States within the Committee shall be weighted in the manner set 
out in that Article. The chairman shall not vote. 
Y 
- 16 -
The Commission shall adopt measures which shall apply immediately. 
However, if these measures are not in accordance with the opinion of 
the Committee, they shall be communicated by the Commission to the 
Council forthwith. In that event the Commission shall defer 
application of the measures which it has decided upon for a period of 
15 days. 
The Council, acting by a qualified majority, may take a different 
decision within the time limit referred to in the previous paragraph. 
Article 12 
This Decision shall apply within the territory of the Community, 
including its air space and in any aircraft or vessel under the 
Jurisdiction of a Member State, and to any person elsewhere who is a 
national of a Member State and any body elsewhere which is 
incorporated or constituted under the law of a Member State. 
Article 13 
Decision 92/285/ECSC and Decision 92/470/ECSC are hereby repealed. 
Article 14 
This Decision shall enter into force on the day of its publication in 
the Official Journal of the European Communities. 
Done at Brussels 
The President 
proposal for a 
COUNCIL REGULATION (EEC) N* /93 
of April 1993 
concerning trade between the European Economic Community 
and the Republics of Serbia and Montenegro, 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Whereas the Community and its Member States have decided to recognise the 
independence of the Republic of Bosnia Herzegovina as of 7 April 1992; 
Whereas this Republic has become a Member of the United Nations as of 23 
May 1992; 
Whereas the prolonged direct and indirect activities of the Republics of 
Serbia and Montenegro in and with regard to the Republic of Bosnia 
Herzegovina are the main cause for the dramatic developments in the 
Republic of Bosnia Herzegovina; 
Whereas a continuation of these activities will lead to further 
unacceptable loss of human life and material damage, and to a further 
breach of international peace and security in the region; 
Whereas the United Nations Security Council has expressed, repeatedly, 
its serious concern about the rapid and violent deterioration of the 
situation in the Republic of Bosnia Herzegovina; 
Whereas the President of the Republic of Bosnia Herzegovina has asked the 
international community to assist his country against the intervention of 
the Republics of Serbia and Montenegro in the internal affairs of the 
Republic of Bosnia Herzegovina; 
AJO 
- 3 -
Whereas the Bosnian Serb party has up till now not accepted in full the 
peace plan of the international Conference on the Former Yugoslavia in 
spite of appeals thereto by the Security Council; 
Whereas the Community and its Member States, meeting within the framework 
of political cooperation, have decided that measures have to be taken to 
dissuade the Republics of Serbia and Montenegro from further violating 
the integrity and security of the Republic of Bosnia Herzegovina and to 
induce the Bosnian Serb party to cooperate in the restoration of peace in 
this Republic; 
Whereas further violations of the existing embargo on the Republics of 
Serbia and Montenegro in particular by the transit through these 
Republics and by activities carried out between these Republics and the 
Serb-controlled areas in the Republic of Croatia and the Republic of 
Bosnia Herzegovina have to be prevented; 
Whereas the United Nations Security Council, acting under Chapter VII of 
the Charter of the United Nations, has adopted Resolution 820(1993), in 
order to strengthen the embargo of the Republics of Serbia and 
Montenegro, decided upon in Resolutions 713(1991), 752(1992) and 
787(1992); 
Whereas under these conditions the Community has to strengthen the 
embargo of the Republics of Serbia and Montenegro, as established by 
Council Regulations (EEC) 1432/921>, and 2656/922>; 
Whereas the Community and its Member States have agreed to have recourse 
to a Community instrument, inter alia in order to ensure an uniform 
implementation throughout the Community of certain of these measures; 
Having regard to the Treaty establishing the European Economic Community 
and in particular Article 113 thereof, 
Having regard to the proposal from the Commission, 
1) OJ N' L151 of 3.6.1992, p.4, for the last time amended by Regulation 
(EEC) N' 3534/92 (OJ N* L358 Of 8.12.1992, p.16) 
2) OJ N- L266 of 12.9.1992, p.27, for the last time amended by 
Regulation (EEC) N' 40/93 (OJ N* L7 of 13.1.1993, p.1) 
/»/ 
- 4 -
HAS ADOPTED THIS REGULATION: 
Article 1 
(1) As from 26 April 1993, the following shall be prohibited: 
(a) the introduction into the territory of the Community of all 
commodities and products originating in, coming from or having 
transited through the Republics of Serbia and Montenegro; 
(b) the export to or the transit through the Republics of Serbia and 
Montenegro of all commodities and products originating in, coming 
from or having transited through the Community; 
(c) the entering into the territorial sea of the Republics of Serbia 
and Montenegro by all commercial traffic; 
(d) any activity whose object or effect it is, directly or 
indirectly, to promote the transactions mentioned under (a), (b) 
or (c) above; 
(e) the provision of non-financial services to any person or body for 
purposes of any business carried out in the Republics of Serbia 
and Montenegro; 
(2) The terms of the prohibition on transport services are as follows: 
(a) Permission shall be denied to any aircraft to take off from, land 
in or overfly the territory of the Community if it is destined to 
land in or has taken off from the territory of the Republics of 
Serbia and Montenegro. 
(b) Vessels, in which a majority or controlling interest is held by a 
person or undertaking in or operating from the Republics of 
Serbia and Montenegro, shall be considered, for the purpose of 
this Regulation and related legislation, a vessel of these 
Republics, regardless of the flag under which the vessel sails. 
41 
- 5 -
Article 2 
The prohibitions of Article 1 shall not apply to: 
(a) the export or transit through the Community to the Republics of 
Serbia and Montenegro of medical supplies and foodstuffs, 
notified to the Committee established pursuant to Resolution 
724(1991) of the United Nations Security Council; 
(b) the export or transit through the Community to the Republics of 
Serbia and Montenegro of essential humanitarian supplies, which 
are approved on a case-by-case basis under its 'no objection' 
procedure by the said Committee; 
(c) the introduction into the territory of the Community of 
commodities and products which originate in or come from the 
Republics of Serbia and Montenegro and were exported from these 
Republics before 31 May 1992 or which are dispatched or transited 
through these Republics before 26 April 1993; 
(d) transits through the territory of the Republics of Serbia and 
Montenegro which are authorised by the said Committee, and 
provided that, in case of transit on the Danube, each vessel 
involved is subjected to effective monitoring while passing along 
the Danube between Vidin/Calafat and Mohacs; 
(e) telecommunications, postal and legal services consistent with 
this Regulation, and services, whose supply may be necessary for 
humanitarian or other exceptional purposes and which are approved 
on a case-by-case basis by the said Committee; 
(f) the entering by commercial maritime traffic of the territorial 
sea of the Republics of Serbia and Montenegro which is authorised 
on a case-by-case basis by the said Committee or which 
constitutes a case of force majeure; 
(g) any activity whose object or effect is, directly or indirectly, 
to promote the activities mentioned under this article; 
/?' 
-- 6 -
Article 3 
As from 26 April 1993 the following shall be prohibited: 
(a) the introduction into the territory of the Community of all 
commodities and products originating in, coming from or having 
transited through the United Nations Protected Areas in the 
Republic of Croatia and those areas of the Republic of Bosnia 
Herzegovina under the control of Bosnian Serb forces; 
(b) the export to or transit through these areas of all commodities 
and products originating in, coming from or having transited 
through the Community; 
unless properly authorised by the Government of the Republic of Bosnia 
Herzegovina or the Government of the Republic of Croatia respectively. 
Article 4 
The prohibition of Article 3 shall not apply to the export to, import 
from or transit through the said areas of essential humanitarian 
supplies, including medical supplies and foodstuffs distributed by 
international humanitarian agencies. 
Article S 
The following activities shall be subject to prior authorisation to be 
issued by the competent authorities of the Member States: 
(a) Exports to the Republics of Serbia and Montenegro of commodities 
and products for medical purposes, foodstuffs and essential 
humanitarian supplies in accordance with Article 2 (a) and (b) of 
this Régulât ion; 
(b) transits in accordance with Articles 2 (d) and 3 of this 
Regulation; 
<fy 
- 7 -
(c) the exports to and imports from the United Nations Protected 
Areas in the Republic of Croatia and those areas of the Republic 
of Bosnia Herzegovina under the control of Bosnian Serb forces in 
accordance with Article 3 of this Regulation. 
Article 6 
Article 1 shall apply notwithstanding any rights or obligations 
conferred or imposed by any international agreement or any contract 
entered into or any licence granted before 31 May 1992. 
Article 7 
The provisions of Articles 1, 3, 5 and 6 do not apply to the 
activities related to Unprofor, the conference on Yugoslavia or the 
European Community Monitor Mission. 
Article 8 
Ail vessels, freight vehicles, rolling stock and aircraft In which a 
majority or controlling interest is held by a person or undertaking In 
or operating from the Republics of Serbia and Montenegro shall be 
impounded by the competent authorities of the Member States. 
Expenses of impounding vessels, freight vehicles, rolling stock and 
aircraft may be charged to their owners. 
Article 9 
All vessels, freight vehicles, rolling stock, aircraft and cargos 
suspected of having violated or being in violation of Regulations 
(EEC) 1432/92 or this Regulation shall be detained by the competent 
authorities of the Member states pending investigations. 
<?•>-
— 8 -
Article 10 
Each Member State shall determine the sanctions to be imposed where 
the provisions of this Regulation are infringed. 
Where a determination has been made that vessels, freight vehicles, 
rolling stock, aircraft and cargos have been in violation of 
Regulations (EEC) 1432/92 or this Regulation they may be forfeited to 
the Member State whose competent authorities have impounded or 
detained them. 
Article 11 
The Commission shall take the necessary measures with regard to the 
implementation of this Regulation. 
The Commission shall be assisted by a committee composed of the 
representatives of the Member States and chaired by the representative 
of the Commission. 
The Committee shall be called the 'EEC Sanctions Committee'. 
The representative of the Commission shall submit to the Committee a 
draft of the measures to be taken. The Committee shall deliver its 
opinion on the draft within a time limit which the chairman may lay 
down according to the urgency of the matter. The opinion shall be 
delivered by the majority laid down in Article 148(2) of the Treaty in 
the case of decisions which the Council is required to adopt on a 
proposal from the Commission. The votes of the representatives of the 
Member States within the Committee shall be weighted in the manner set 
out in that Article. The chairman shall not vote. 
M 
- 9 -
The Commission shall adopt measures which shall apply immediately. 
However, If these measures are not in accordance with the opinion of 
the Committee, they shall be communicated by the Commission to the 
Council forthwith. In that event the Commission shall defer 
application of the measures which it has decided upon for a period of 
15 days. 
The Council, acting by a qualified majority, may take a different 
decision within the time limit referred to in the previous paragraph. 
Article 12 
This Regulation shall apply within the territory of the Community, 
including its air space and in any aircraft or vessel under the 
Jurisdiction of a Member State, and to any person elsewhere who is a 
national of a Member State and any body elsewhere which is 
incorporated or constituted under the law of a Member State. 
Article 13 
Regulations (EEC) 1432/92, 2656/92 and 2655/92 are hereby repealed. 
Article 14 
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. 
Done at Brussels 
For the Courte il 
The Président 
,n 

ISSN 0254-1475 
COM(93) 173 final 
DOCUMENTS 
EN 11 
Catalogue number : CB-CO-93-204-EN-C 
ISBN 92-77-55250-6 
( )£6ce for Official Publications of the European Communities 
L-2985 Luxembourg