Proposal for a COUNCIL REGULATION (EC) suspending Regulation (EEC) No 990/93 and Regulation (EC) No 2471/94, and repealing Regulation (EC) 2472/94 and Regulation (EC) No 2815/95, concerning the interruption of economic and financial relations with the Federal Republic of Yugoslavia (Serbia and Montenegro), the United Nations Protected Areas in the Republic of Croatia and those areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces
Date: 1996-03-01
Institutions: European Commission
Subjects: Yugoslavia, economic sanctions, humanitarian aid, republic, trade restriction, transit

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COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels,  01  03.1996 
COM(%)  89 final 

Proposal  for  a 

r o i i N i r iL  REGULATION!*^ 

suspending Regulation  (EEC)  No 990/93  and  Regulation  (EC) No 2471/94  and  repealing 
Reflation  (EC) No 2472/94 and  Regulation  (EC) No 2815/95,  concerning the 
^ 
interruption  of economic and financial relations  with the Federal  Republic  of Yugoslavia 
(Serbia  and Montenegro), the  United  Nations  Protected  Areas in the Republic of Croatia 
and  those areas of the Republic of Bosnia  and  Herzegovina  under the conirol  of Bosnian 
Serb  forces, 

Draft 

DECISION  OF  THE  REPRESENTATIVES  OF  THE  GOVERNMENTS  OF  THE 

MEMBER  STATES  OF  THE  EUROPEAN  COAL  AND  STEEL  COMMUNITY 

MEETING  WITHIN  THE  COUNCIL 

suspending  Decision  93/235/ECSC  and  repealing  Decision  95/5 10/ECSC, concerning  the 
interruption  of economic relations with the Federal  Republic of Yugoslavia  (Serbia  and 
Montenegro), the  United  Nations Protected  Areas in (he Republic of Croatia  and  those 
areas of the  Republic of Bosnia and  Herzegovina  under the control  of Bosnian  Serb  forces 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

The present  proposal  for  a Council  Regulation  (EC) and  a draft  ECSC Decision  aim 
primarily at  the suspension  of the economic and financial sanctions against  the  Bosnian 
Serbs in accordance  with  resolution  1022 (1995) of the  Security  Council  of the  United 
Nations. The suspension  of the sanctions against  the Bosnian  Serb party was  made 
conditional  by the  Security Council  on the withdrawal by the Bosnian  Serb  forces  behind 
the zones of separation  established  in the Peace Agreement  The  Security Council has  now 
been satisfied  that  this withdrawal  has taken  place. 

In order to make the Community  legislation  as transparaît  as possible for  Ihe economic 
operators, the present  proposal  integrates the provisions of Ihe existing  legislation, 
respectively  of the European  Community  and  of the European  Coal  and  Steel  Community-
dealing with  the suspension  of the major  part  of the sanctions with  regard  to the  former 
Socialist  Federal  Republic of Yugoslavia,  and, for  this reason  provides tor the repeal  of 
I hat  existing legislation 

There is no need  for  a separate  Common  Position  of the Council  on  the basis of Article 
J.2. Common-Position 95/511/CSFP covers already the  present  proposals. 

Z 

COUNCIL REGULATION (EC) No  ...796 
suspending Regulation (EEC) No 990/93  and Regulation (EC) No 2471/94, and repealing 
Regulation (EC) No 2472/94  and Regulation (EC) No 2815/95,  concerning the 
interruption of economic and financial  relations with the Federal  Republic of Yugoslavia 
(Serbia and Montenegro), the United Nations Protected  Areas in the Republic of Croatia 
and those areas of the Republic of Bosnia and Herzegovina under the control of Bosnian 
Serb forces, 

THE COUNCIL OF THE EUROPEAN  UNION 

Having regard to the Treaty establishing the European Community, and in particular 
Articles 73 g and 228a thereof, 

Having regard to the Common Position of 4 December  1995 defined  by the Council on 
the basis of Article J. 2 of the Treaty on European Union, with regard to the suspension of 
the restrictions on trade with the Federal Republic of Yugoslavia (Serbia and 
Montenegro) and with the Bosnian Serb party, decided on by the United Nations Security 
Council in its Resolution  1022 (1995) (J), 

Having regard to the proposal from the Commission, 

Whereas the United Nations Security Council, in view of the agreement reached between 
the parties concerned with regard to the Republic of Bosnia and Herzegovina, has 
decided, in its Resolution  1022 (1995) to suspend the restrictions concerning economic 
and financial relations with the Federal Republic of Yugoslavia (Serbia and Montenegro), 
the United Nations Protected Areas in the Republic of Croatia and, when certain 
conditions are fulfilled, those areas of the Republic of Bosnia and Herzegovina under the 
control of Bosnian  Serb forces; 

Whereas the Security Council  has been satisfied  that the aforementioned  conditions are 
fulfilled, 

Whereas the Council already adopted Regulation (EC) No 2815/95 (2),  suspending 
Regulation (EEC) No 990/93  (3) with regard to the Federal  Republic of  Yugoslavia 
(Serbia and Montenegro); 

Whereas, for reasons of transparency, the Community legislation, implementing resolution 
1022 (1995), should be incorporated in an all-embracing Community instrument, and, 
therefore, Regulation (EC) No  2815/95  should be repealed, 

HAS ADOPTED THIS REGULATION: 

Article 1 

].  Regulation  (EEC) No  990/93  and Regulation (EC) 2471/94 (4 ) are hereby suspended. 

(1)  OJL297,9.12..1995,p.4 
(2) OJL 297,9.12.1995, p. 1 
<3) OJ L 102, 28.4.1993, p.14, as last amended by Regulation (EC) No 1380/95 (OJ L138, 21.6.1995, p.l) 
WOJL  266, 15.10.1994, p.l 

3 

2.  As long as the Regulations mentioned in paragraph  1 remain suspended, all funds and 
assets  previously frozen or impounded pursuant to those  Regulations may be released by 
Member States in accordance with law, provided that any such funds or assets that are 
subject to any claims, liens,  judgments, or encumbrances, or which are the funds or assets 
of any person, partnership, corporation, or other entity found or deemed to be insolvent 
under the law or the accounting principles prevailing in the relevant Member State, shall 
remain frozen or impounded until released in accordance with applicable law. 

3.  Regulation (EC) 2472/94 (5 ) and Regulation (EC) No 2815/95 are hereby repealed. 

Article 2 

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.... 

For the council 
The President 

(5>OJL266,  15.10.1994, as last amended by Regulation (EEC) No 2229/95 (OJ L 227, 22.9.1995, p.l) 

7 

draft 
DECISION  OF THE REPRESENTATIVES  OF THE GOVERNMENTS  OF THE 
MEMBER  STATES, MEETING WITHIN  THE  COUNCIL, 
suspending  Decision  93/235/ECSC  and  repealing  Decision 95/510/ECSC, concerning  the 
interruption  of economic relations with  the Federal  Republic of Yugoslavia  (Serbia  and 
Montenegro), the United  Nations Protected  Areas in the Republic of Croatia  and  those 
areas of the Republic of Bosnia and  Herzegovina  under the control of Bosnian  Serb  forces 

THE  REPRESENTATIVES  OF THE GOVERNMENTS  OF THE MEMBER  STATES 
OF I HE  EUROPEAN  COAL AND  STEEL COMMUNITY,  MEETING  WITHIN  THE 
COUNCIL, 

I laving regard  to the Common  Position  of 4 December  1995 defined  by the Council  on 
the basis of Article J 2 of the Treaty on  European  Union, with  regard to the suspension  of 
the restrictions on  trade with the Federal  Republic of Yugoslavia  (Serbia  and 
Montenegro)  and  with the Bosnian  Serb  Party, decided  on by the  United  Nations  Security 
Council in its Resolution  1022 (1995),("  ) 

Whereas the  United  Nations  Security Council, in view of the agreement  reached  between 
the parties concerned  with regard  to the Republic of Bosnia and  Herzegovina,  has 
decided,  in its Resolution  1022 (1995) to  suspend  the restrictions  concerning  economic 
and  financial  relations with  the federal  Republic of  Yugoslavia  (Serbia  and  Montenegro), 
the United  Nations  Protected  Areas in the Republic of Croatia  and, when  certain 
conditions are fulfilled,  those areas of the  Republic  of Bosnia  and  Herzegovina  under  the 
control  of Bosnian  Serb  forces; 

Whereas the  Security  Council  has been  satisfied  that  the aforementioned  conditions  are 
fulfilled; 

Whereas  Decision  95/510/1-CSQ2  ) was taken  suspending  Decision  93/235/ECSC  (;)wifh 
regard  to the  Federal  Republic  of  Yugoslavia  (Serbia  and  Montenegro), 

Whereas, for  reasons  of transparency,  the existing  legislation,  implementing  resolution 
1022 (1995), should  be incorporated  in an all-embracing  Community instrument,  and. 
therefore.  Decision  95/5 10/ECSC should  be icpeaUxi; 

In ameement  with  the Commission, 

0>  OJL 297, 9.12.1995, p. 4 
(2)OiL  297, 9.12.1995, p.3 
t3 ) OJ L 102, 28.4.1993, p. 17 

^ 

HAVE DECIDED  AS FOLLOWS: 

Article  1 

1. Decision 93/235/ECSC is hereby suspended . 

2.  Decision 95/510/ECSC is hereby repealed. 

Article 2 

This Decision  shall enter into force on the day of its publication in the Official  Journal  of 
the European Communities. 

Done at 

The President 

G 

ISSN 0254-1475 

COM(96) 89  final 

DOCUMENTS 

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11 

Catalogue number  :  CB-CO-96-094-EN-C 

ISBN 92-78-01204-1 

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