Draft COMMON POSITION defined by the Council on the basis of Article J.2 of the Treaty on European Union with regard to the termination of the economic and financial embargo concerning the former Yugoslavia
Date: 1996-10-16
Institutions: European Commission
Subjects: EU law, EU relations, UN resolution, Yugoslavia, economic sanctions, international sanctions

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels,  16.10.1996 
COM(96) 508 final 

Proposal  for a 
COUNCIL REGULATION (EC) 

repealing Regulations (EEC) No 990/93  and (EC) No 2471/94 
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 

Draft 
DECISION OF THE REPRESENTATIVES  OF THE GOVERNMENTS  OF THE 
MEMBER STATES OF THE EUROPEAN COAL AND  STEEL COMMUNITY. 
MEETING WITHIN THE COUNCIL 

repealing Decision  93/23 5/ECSC concerning trade between 
the European Coal  and Steel  Community  and the Federal Republic of Yugoslavia 
(Serbia and Montenegro) 

Draft 
COMMON POSITION 

defined  by the Council  on the basis of Article J.2 of the Treaty on European Union 
with regard to the termination of the economic and financial  embargo 
concerning the former Yugoslavia 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

The  Security  Council  of  the United  Nations  has  decided,  in  its  Resolution  1022  (1995) 
paragraph 4, that it will terminate the embargo concerning the former  Yugoslavia  "on the 
tenth  day following  the occurrence of  the first  free  and fair  elections  provided  for  in the 
Peace Agreement, provided that the Bosnian  Serb forces  have withdrawn  from,  and have 
continued  to  respect,  the  zones  of  separation  as  provided  in  the  Peace  Agreement." 
Elections have taken place on  14 September  1996, and the Security Council has taken the 
above mentioned decision. 

Accordingly,  the  existing  Community  legislation  regarding  the  embargo  of  the  former 
Yugoslavia has to be repealed. This is the objective of the accompanying proposals for an 
EC Council Regulation, an ECSC Decision and a Common Position. 

The present proposals will not affect,  in conformity  with paragraph 7 of Resolution  1022 
(1995), Council  Regulation  (EC) No  1733/94, dealing  with  the prohibition  of  satisfying 
certain claims resulting from the embargo. 

Proposal  for a 
COUNCIL REGULATION (EC) 

repealing  Regulations  (EEC)  No  990/93  and  (EC)  No  2471/94  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 73g and 228a thereof, 

Having regard to the Common Position of 
1996 defined by the Council on the basis of 
Article  J.2  of  the Treaty  on  European  Union,  with  regard  to  the  repeal  of  the  embargo 
concerning the former  Yugoslavia  '); 

Having regard to the proposal of the Commission, 

Whereas  the  Security  Council  of  the  United  Nations  has  decided,  in  conformity  with 
paragraph  4  of  its  Resolution  1022  (1995),  to  terminate  the  measures  imposed  by  its 
Resolutions 757 (1992), 787 (1992), 820 (1993), 942 (1994), 943 (1994), 988 (1995), 992 
(1995),  1003 (1995) and  1015 (1995); 

Whereas,  in  the  circumstances,  Council  Regulation  (EEC)  No  990/93  2)  and  (EC)  No 
2471/94 3) have to be repealed, 

HAS ADOPTED THIS REGULATION: 

(^OJNoL...., 

p... 

(2) OJ No L  102, 28.4.1993, suspended by Regulation  (EC) No 462/96 (OJ L 65, 15.3.96, p.l) 

(3) OJ No L 266,  15.10.1994, p.l, suspended  by Regulation  (EC) No 462/96 (OJ L 65, 15.3.96, p.l) 

Z 

Article 1 

Regulations (EEC) No 990/93 and  (EC) No 2471/94 are hereby repealed. 

Article 2 

All  assets  and funds  previously  impounded  or frozen  pursuant  to Regulations  (EEC)  No 
990/93  and (EC) No 2471/94 may be released by Member  States  in accordance  with  the 
law,  provided  that  any  such  assets  that  are  subject  to  any  claims,  liens, judgments,  or 
encumbrances,  or  which  are  the  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 the applicable law. 

Article 3 

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

It shall apply from 4 October  1996 

This  Regulation  shall  be  binding  in  its  entirety  and  directly  applicable  in  all  Member 
States. 

Done at Brussels, 

1996 

For the Council 

The President 

Draft 
DECISION  OF  THE REPJNSSENTATliVES OF  THE  TOVERNMENTS  OF  THE 
MEMBER  STATES OF THE EUROPEAN COAL AND STEEL  COMMUNITY. 
MEETOKr WITHIN THE  COUNCIL 

repealing Decision 93/235/ECSC concerning trade between the European Coal 
and Steel Community and the Federal Republic of Yugoslavia (Serbia and 
Montenegro) 

(96/.../ECSC) 

THE REPRESENTATIVES  OF THE GOVERNMENTS  OF THE  MEMBER  STATES 
OF THE  EUROPEAN  COAL AND STEEL COMMUNITY,  MEETING WITfflN  THE 
COUNCIL, 

Having regard to the Common  Position  of 
1996 defined  by the Council  on the basis 
of Article J.2 of the Treaty on European Union, with regard to the repeal of the embargo 
concerning the former Yugoslavia  l ); 

Whereas  the  Security  Council  of  the  United  Nations  has  decided,  in  conformity  with 
paragraph  4  of  its  Resolution  1022  (1995),  to  terminate  the  measures  imposed  by  its 
Resolutions  757  (1992),  787  (1992),  820  (1993),  942  (1994),  943  (1994),  988  (1995), 
992 (1995), 1003 (1995) and  1015 (1995); 

Whereas, in the circumstances, Decision 93/235/ECSC has to be repealed; 

In agreement with the Commission, 

MOJL...., 

1996,  p.... 

HAVE DECIDED AS FOLLOWS: 

Article 1 

Decision 93/235/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. 

It shall apply from 4 October 1996. 

Done at Brussels, 

1996 

The President 

ç 

Draft 
COMMON POSITION 

defined  by  the  Council  on  the  basis  of  Article  J.2  of  the  Treaty  on  European 

Union  with regard to the termination of the economic and financial embargo concerning 

the former Yugoslavia 

(96/..../CFSP) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on European Union, and in particular Article J.2 thereof, 

Having regard to paragraph 4 of Resolution  1022 (1995) and paragraph 2 of  Resolution 
1074 (1996) adopted by the United Nations Security Council, 

HAS DEFINED THE FOLLOWING COMMON POSITION: 

Article 1 

The  relevant restrictive measures concerning the former Yugoslavia, taken in accordance 
with  Resolutions  757  (1992),  787  (1992),  820  (1993),  942  (1994),  943  (1994),  988 
(1995), 992 (1995),  1003 (1995) and 1015 (1995) of the United Nations Security Council 
will be repealed. 

This Common Position shall be published in the Official Journal. 

Article 2 

Done at Brussels, 

1996 

For the Council 

The President 

ISSN 0254-1475 

COM(96) 508 final 

DOCUMENTS 

EN 

02  11 

Catalogue number  : CB-CO-96-512-EN-C 

ISBN 92-78-10147-8 

Office  for Official  Publications of the European Communities 

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