Council Regulation (EC) No 926/98 of 27 April 1998 concerning the reduction of certain economic relations with the Federal Republic of Yugoslavia
Date: 1998-04-27
Institutions: Council of the European Union
Subjects: Yugoslavia, economic relations, international sanctions, military equipment, public safety

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(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 926/98

of 27 April 1998

concerning the reduction of certain economic relations with the Federal
Republic of Yugoslavia

THE COUNCIL OF THE EUROPEAN UNION,

lation, without prejudice to existing obligations with
regard to certain items concerned,

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

Having regard to Common Position 98/240/CFSP of
19 March 1998 defined by the Council on the basis of
Article J.2 of the Treaty on European Union on restrictive
measures against the Federal Republic of Yugoslavia (1),

Having regard to the proposal from the Commission,

the

Whereas
said Common Position 98/240/CFSP
provides for restrictive measures against the Federal Re-
public of Yugoslavia, including action by the Community
to reduce certain economic relations;

Whereas certain of these measures fall within the scope of
the Treaty establishing the European Community;

Whereas, therefore, and notably with a view to avoiding
distortion of competition, Community legislation is
necessary for the implementation of these measures, as far
as the territory of the Community is concerned; whereas
such territory is deemed to encompass, for the purposes
of this Regulation, all the territories of the Member States
to which the Treaty establishing the European Com-
munity is applicable, under the conditions laid down in
that Treaty;

Whereas a procedure should be provided to amend, if
necessary, the list of equipment which might be used for
internal repression or terrorism;

HAS ADOPTED THIS REGULATION:

Article 1

The supply or sale, directly or indirectly, to the Federal
Republic of Yugoslavia of equipment which might be
used for internal repression or terrorism such as that set
out in the Annex hereto shall be prohibited, except under
the conditions laid down therein. The Annex shall not
include items specially designed or modified for military
use already subject to the arms embargo established on
the basis of Common Positions 96/184/CFSP (2) and
98/240/CFSP.

Article 2

As laid down in Article 3 of Common Position 98/240/
CFSP, the following shall be prohibited:

(a) the provision and/or use of government and/or other
official financial support, insurance and/or guarantees
in respect of new export credit
for trade with or
investment in the Republic of Serbia or in relation to
the renewal or extension of existing export credit, if
the execution of the contract or transaction for which
the export credit has been provided has not yet been
started;

(b) the provision or use of government and/or other offi-
cial financing for privatisations in the Republic of
Serbia in respect of which no legally binding commit-
ments have been entered into so far.

Article 3

Whereas 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 in-
formation at their disposal in connection with this Regu-

The participation, knowingly and intentionally, in related
activities the object or effect of which is, directly or in-
directly, to promote the transactions or activities referred
to in Articles 1 and 2 shall also be prohibited.

(1) OJ L 95, 27. 3. 1998, p. 1.

(2) OJ L 58, 7. 3. 1996, p. 1.

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Article 4

The Council shall adopt by qualified majority amend-
ments to the list set out in the Annex on the basis of a
from the Commission in conformity with
proposal
Article 1.

down by national courts or decisions of relevant interna-
tional fora.

Article 7

This Regulation shall apply:

Article 5

airspace,

— within the territory of the Community including its

Each Member State shall determine the sanctions to be
imposed where the provisions of
this Regulation are
infringed.

— on board any aircraft or any vessel under the jurisdic-

tion of a Member State,

— to any person elsewhere who is a national of a

Article 6

The Commission and the Member States shall, insofar as
they are not otherwise obliged to do so, inform each other
of the measures taken under this Regulation and supply
their
each other with other
in connection with this Regulation, such as
disposal
judgments handed
breaches and enforcement problems,

information at

relevant

Member State,

— to any body which is incorporated or constituted

under the law of a Member State.

Article 8

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 Luxembourg, 27 April 1998.

For the Council

The President

R. COOK

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ANNEX

EQUIPMENT FOR INTERNAL REPRESSION OR TERRORISM, ENVISAGED BY ARTICLE 1

(The following list does not include items which have been specially designed or modified for military use
and are covered by the arms embargo established on the basis of common positions 96/184/CFSP and
98/240/CFSP)

Helmets providing ballistic protection, anti-riots helmets, anti-riots shields and ballistic shields and specially
designed components therefor.

Specially designed fingerprint equipment.

Power controlled searchlights.

Construction equipment provided with ballistic protection.

Hunting knives.

Specially designed production equipment to make shotguns.

Ammunition hand-loading equipment.

Communications intercept devices.

Solid-state optical detectors.

Image-intensifier tube.

Telescopic weapon sights.

Smooth bore weapons and related ammunition, other than those specially designed for military use, and
specially designed components therefor;

except:

(1) signal pistols;

(2) air or cartridge powered guns designed as industrial tools or humane animal stunners.

Simulators for training in the use of firearms and specially designed or modified components and accessories
therefor.

Bombs and grenades, other than those specially designed for military use, and specially designed com-
ponents therefor.

Body armour, other than those manufactured to military standards or specifications, and specially designed
components therefor.

All-wheel-drive utility vehicles capable of off road use that have been manufactured or fitted with ballistic
protection, and profiled armour for such vehicles.

Water cannon and specially designed or modified components therefor.

Vehicles equipped with water cannon.

Vehicles specially designed or modified to be electrified to repel boarders and components therefor specially
designed or modified for that purpose.

Acoustic devices represented by the manufacturer or supplier as suitable for riot-control purposes, and
specially designed components therefor.

Leg-irons, gangchains, shackles and electric-shock belts, specially designed for restraining human beings;

except: handcuffs for which the maximum overall dimension including chain does not exceed 240 mm

when locked.

Portable devices designed or modified for the purpose of riot control or self-protection by the administration
of an incapacitating substance (such as tear gas or pepper sprays), and specially designed components
therefor.

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Portable devices designed or modified for the purpose of riot control or self-protection by the administration
of an electric shock (including electric-shock batons, electric shock shields, stun guns and electric shock dart
guns (tasers)) and components therefor specially designed or modified for that purpose.

Electronic equipment capable of detecting concealed explosives and specially designed components therefor;

except: TV or X-rayons inspection equipment.

Electronic jamming equipment specially designed to prevent the detonation by radio remote control of
improvised devices and specially designed components therefor.

Equipment and devices specially designed to initiate explosions by electrical or non-electrical means, in-
cluding firing sets, detonators, igniters, boosters and detonating cord, and specially designed components
therefor;

except: those specially designed for a specific commercial use consisting of the actuation or operation by
explosive means of other equipment or devices the function of which is not the creation of explo-
sions (e.g., car air bag inflaters, electri-surge arresters of fire sprinkler actuators) (1).

Equipment and devices designed for explosive ordnance disposal;

except:

(1) bomb blankets;

(2) containers designed for holding objects known on be, or suspected of being improvised explosive

devices.

Linear cutting explosive charges (1).

Explosives and related substances as follows (1):

— amatol,

— nitrocellulose (containing more than 12,5 % nitrogen),

— nitroglycol,

— pentaerythritol tetranitrate (PETN),

— picryl chloride,

— trinitrophenylmethylnitramine (tetryl),

— 2, 4, 6-trinitrotoluene (TNT).

Night vision and thermal imaging equipment and image intensifier tubes or solid state sensors therefor.

Software specially designed and technology required for all listed items.

(1) When they have obtained conclusive evidence that the end-use of the items under this indent is not for internal repres-
sion or terrorism and in accordance with Article 4 of the Regulation the competent authorities of the Member States may
authorise the sale or supply of these items to the Federal Republic of Yugoslavia.