Council Regulation (EC) No 1901/98 of 7 September 1998 concerning a ban on flights of Yugoslav carriers between the Federal Republic of Yugoslavia and the European Community
Date: 1998-09-07
Institutions: Council of the European Union
Subjects: Yugoslavia, air space, air transport, carrier, international sanctions, trade restriction

8. 9. 98

EN

Official Journal of the European Communities

L 248/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1901/98

of 7 September 1998

concerning a ban on flights of Yugoslav carriers between the Federal Republic of
Yugoslavia and the European Community

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 228A thereof,

Having regard to Common Position 98/426/CFSP of 29
June 1998 defined by the Council on the basis of Article
J.2 of the Treaty on European Union, concerning a ban
on flights by Yugoslav carriers between the Federal
Republic of Yugoslavia and the European Community (1),

Having regard to the proposal from the Commission,

the developments

Whereas
regarding Kosovo have
already led the Security Council of the United Nations to
impose an arms embargo against the Federal Republic of
Yugoslavia (FRY) under Chapter VII of the Charter of the
United Nations, and to the consideration of additional
measures in case of failure to make constructive progress
towards the peaceful resolution of the situation in Kosovo;

Whereas the European Union has already decided on
additional measures as envisaged by Common Positions
and 98/374/CFSP (4)
98/240/CFSP (2), 98/326/CFSP (3)
and the ensuing Council Regulations (EC) Nos 926/98 (5),
1295/98 (6) and 1607/98 (7);

indiscriminate violence and brutal

Whereas the Government of the FRY has not stopped the
repression
use of
against its own citizens, which constitute serious viola-
tions of human rights and international humanitarian law,
and has not taken effective steps to find a political solu-
tion to the issue of Kosovo through a process of peaceful
dialogue with the Kosovar Albanian Community in order
to maintain the regional peace and security;

Whereas, therefore, Common Position 98/426/CFSP fore-
sees a ban on flights by Yugoslav carriers between the
Federal Republic of Yugoslavia (FRY) and the European

(1) OJ L 190, 4. 7. 1998, p. 3.
(2) OJ L 95, 27. 3. 1998, p. 1.
(3) OJ L 143, 14. 5. 1998, p. 1.
(4) OJ L 165, 10. 6. 1998, p. 1.
(5) OJ L 130, 1. 5. 1998, p. 1.
(6) OJ L 178, 23. 6. 1998, p. 33.
(7) OJ L 209, 25. 7. 1998, p. 16.

Community as a further measure to obtain from the
Government of the FRY the fulfilment of the require-
ments of UNSC Resolution 1160 (1998) and of the said
Common Positions;

Whereas this further measure falls under 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, the territories of the Member States to
which the Treaty establishing the European Community
is applicable, under the conditions laid down in that
Treaty;

Whereas there is a need to provide for certain specific
exemptions;

Whereas there is a need for the Commission and Member
States to inform each other of the measures taken under
this Regulation and of other relevant information at their
disposal in connection with this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

1. Aircraft operated directly or indirectly by a Yugoslav
carrier, that is a carrier having its principal place of busi-
ness or its registered office in the Federal Republic of
Yugoslavia, shall be prohibited from flying between the
Federal Republic of Yugoslavia
and the European
Community.

2. All operating authorisations granted to Yugoslav
carriers are hereby revoked.

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Official Journal of the European Communities

8. 9. 98

Article 2

No new operating authorisations shall be granted or
existing ones renewed enabling aircraft registered in the
Federal Republic of Yugoslavia to fly to or from airports
in the Community.

Article 3

1. Articles 1 and 2 shall not apply to

(a) emergency

landings
Community and ensuing take-offs;

on the

territory

of

the

(b) authorisations

for

charter

series

flights between

Leipzig and Tivat by Montenegro Airlines.

2. Nothing in this Regulation shall be construed as
limiting any existing rights of Yugoslav carriers and
aircraft registered in the FRY other than rights to land in
or to take off from the territory of the Community.

Article 4

The participation, knowingly and intentionally, in related
activities, the object or effect of which is, directly or
indirectly, to circumvent the provisions of Articles 1 and
2 shall be prohibited.

infringed. Such sanctions must be effective, proportionate
and dissuasive.

Article 6

The Commission and the Member States shall inform
each other of the measures taken under this Regulation
and supply each other with any other relevant informa-
tion at their disposal in connection with this Regulation,
such as breaches and enforcement problems, judgments
handed down by national courts or decisions of relevant
international fora.

Article 7

This Regulation shall apply:

(cid:190) within the territory of the Community including its

airspace,

(cid:190) on board any aircraft or any vessel under the jurisdic-

tion of a Member State,

(cid:190) to any person elsewhere who is a national of a

Member State,

(cid:190) to any body which is incorporated or constituted

under the law of a Member State.

Article 5

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

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

Article 8

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

Done at Brussels, 7 September 1998.

For the Council

The President

W. SCH(cid:154)SSEL