Council Regulation (EC) No 900/1999 of 29 April 1999 prohibiting the sale and supply of petroleum and certain petroleum products to the Federal Republic of Yugoslavia (FRY)
Date: 1999-04-29
Institutions: Council of the European Union
Subjects: Yugoslavia, international sanctions, market approval, petroleum, petroleum product

1. 5. 1999

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Official Journal of the European Communities

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 900/1999

of 29 April 1999

prohibiting the sale and supply of petroleum and certain petroleum products to
the Federal Republic of Yugoslavia (FRY)

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS REGULATION:

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

Article 1

Having regard to Common Position 1999/273/CFSP of
23 April 1999 defined by the Council on the basis of
Article J.2 of the Treaty on European Union, concerning
a ban on the sale or supply of petroleum and petroleum
products to the Federal Republic of Yugoslavia (FRY) (1),

Having regard to the proposal from the Commission,

(1) Whereas the Government of the Federal Republic
of Yugoslavia (‘FRY') has continued to violate
United Nations Security Council Resolutions and
to pursue extreme and criminally irresponsible
policies, including repression against its own cit-
izens, which constitute serious violations of human
rights and international humanitarian law;

(2) Whereas the prohibition of selling, supplying or
exporting petroleum and petroleum products to the
FRY falls within the scope of the Treaty estab-
lishing the European Community;

(3) Whereas, therefore, and particularly with a view to
avoiding distortion of competition, Community
legislation is necessary for the implementation of
this prohibition as far as the territory of
the
Community is concerned; whereas for the purposes
this Regulation such territory is deemed to
of
encompass the territories of the Member States to
which the Treaty
establishing the European
Community is applicable, under the conditions laid
down in that Treaty;

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

(1) OJ L 108, 27.4.1999, p. 1.

It shall be prohibited, knowingly and intentionally, to:

(a) sell, supply or export, directly or indirectly, petroleum
and petroleum products listed in the Annex to this
Regulation, whether or not originating in the
Community, to any person or body in the FRY or to
any person or body for the purpose of any business
carried on in, or operated from, the territory of the
FRY;

(b) ship products referred to in point (a) to the territory of

the FRY;

(c) participate in related activities the object or the effect
of which is to promote the transactions or activities
referred to in points (a) and (b).

Article 2

1. Notwithstanding the provisions of Article 1,
competent authorities may authorise:

the

(a) the sale, supply or export of products listed in the said
the use of diplomatic and consular
Annex for
missions of the Member States in the FRY as well as
for the use of an international military peace-keeping
presence;

(b) on a case-by-case basis and subject to the consultation
procedure set out in paragraph 2, the sale, supply or
export of the products listed in the said Annex if
conclusive evidence is given to these authorities that
the sale, supply or export serves strictly humanitarian
purposes.

2.
The competent authorities of a Member State which
intend to authorise a sale, supply or export in accordance
with paragraph 1(b) shall notify to the competent authori-
ties of the other Member States and to the Commission
the grounds on which they intend to authorise the sale,
supply or export concerned.

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If, within one working day after the receipt of the said
notification, a Member State or the Commission has given
notice to the other Member States or the Commission of
conclusive evidence that
the intended sale, supply or
export will not serve the indicated humanitarian purposes,
the Commission will convene within one working day of
the said notice a meeting with the Member States in order
to consult on the relevant evidence.

The Member State which intends to authorise the sale,
supply or export shall take a decision with regard to this
authorisation only when no objections have been raised or
after the consultations on the conclusive evidence have
taken place at the meeting convened by the Commission.
In case of an authorisation, the Member State concerned
shall notify to the other Member States and the Commis-
sion the grounds on which its decision to authorise has
been taken.

Article 3

The provisions of Article 1 shall not apply as regards
sales, supplies or exports to the forces in which the
Member States participate, operating in the FRY.

Article 4

Each Member State shall determine the sanctions to be
imposed where the provisions of
this Regulation are
infringed. Such sanctions shall be effective, proportionate
and dissuasive.

Pending the adoption, where necessary, of any legislation
to this end, the sanctions to be imposed where the provi-
sions of this Regulation are infringed shall be those deter-
mined by the Member States in accordance with Article 5

of Council Regulation (EC) No 926/98 of 27 April 1998
concerning the reduction of certain economic relations
with the Federal Republic of Yugoslavia (1).

Article 5

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

Article 6

The Commission shall establish the list of competent
authorities referred to in Article 2 on the basis of relevant
information provided by
the Member States. The
Commission shall publish this list and any changes to it
in the Official Journal of the European Communities.

Article 7

This Regulation shall apply within the territory of the
Community, including its air space and on board any
aircraft or any vessel under the jurisdiction of a Member
State and to any person elsewhere who is a national of a
Member State and 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, 29 April 1999.

For the Council

The President

W. M(cid:154)LLER

(1) OJ L 130, 1.5.1998, p. 1.

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ANNEX

Petroleum and petroleum products referred to in Article 1

Product description

Petroleum oils and oils obtained from bituminous minerals, crude

Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations
not elsewhere specified or included, containing by weight 70 % or more of petroleum oils
or of oils obtained from bituminous minerals, these oils being the basic constituents of the
preparations

Petroleum gases and other gaseous hydrocarbons

Petroleum jelly

Paraffin wax containing by weight less than 0,75 of oil

CN code

2709

2710

2711

2712 10

2712 20

ex 2712 90

‘Slack wax',

‘scale wax'

2713

2714

Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils obtained
from bituminous minerals

Bitumen and asphalt, natural; bituminous or oil shale and tar sands; asphalties and asphaltic
rocks

2715 00 00

Bituminous mixtures based on natural asphalt, on natural bitumen, on petroleum bitumen,
on mineral tar or on mineral tar pitch (for example, bituminous mastics, cutbacks)

2901

2902 11

2902 20

2902 30

Acyclic hydrocarbons

Cyclohexane

Benzene

Toluene

2902 41 00

o-Xylene

2902 42 00 m-Xylene

2902 43 00

p-Xylene

2902 44

Mixed xylene isomers

2902 50 00

Styrene

2902 60 00

Ethylbenzene

2902 70 00

Cumene

2905 11 00 Methanol (methyl alcohol)

3403 19 10

Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations,
anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants)
containing 70 % or more by weight of petroleum oils or of oils obtained from bituminous
minerals but not as the basic constituent

3811 21 00

Additives for lubricating oils containing petroleum oils or oils obtained from bituminous
minerals

3824 90 10

Petroleum sulphonates, excluding petroleum sulphonated of alkali metals, of ammonium or
of ethanolamines; triophenated sulphonic acids of oils obtained from bituminous minerals,
and their salts

3824 90 95 Other