Proposal for a Council Regulation (EC) imposing a ban on flights between the territories of the Community and the Federal Republic of Yugoslavia, and repealing Council Regulation (EC) No 1901/98
Date: 1999-05-20
Institutions: European Commission
Subjects: Yugoslavia, air space, air transport, international sanctions, trade restriction

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 20.05.1999
COM(1999) 246 final

Proposal for a

COUNCIL REGULATION (EC)

imposing a ban on flights between the territories of the Community
and the Federal Republic of Yugoslavia,
and repealing Council Regulation (EC) No 1901/98

(presented by the Commission)

1.

2.

3.

4.

5.

EXPLANATORY MEMORANDUM

Further to Common Position 98/426/CFSP the Council enacted its Regulation
(EC) No 1901/98 concerning a ban on flights of Yugoslav carriers between the
Federal Republic of Yugoslavia and the European Community. Subsequently
that Regulation was amended so as to allow Montenegro Airlines to execute
charter flights under certain conditions.

On 26 April 1999, the General Affairs Council decided that the ban on flights
by Yugoslav carriers should be made into a comprehensive flight ban. This
was confirmed by Common Position 99/... /CFSP.

The present proposal for a Council Regulation is made to allow the
implementation of that Common Position. To that end not only flights by
Yugoslav carriers between the Community and the Federal Republic of
Yugoslavia should be prohibited, but also flights between these territories by
Community and third country carriers. In addition, aircraft registered in the
Federal Republic of Yugoslavia or operated by Yugoslav carriers should not
be allowed to land in or take off from Community territory (Article 1). The
prohibition to fly is complemented by the revocation of operating
authorisations and a prohibition to grant or
renew such authorisations
(Article 2).

Although the proposed prohibition should be a comprehensive one,
is
proposed that, as regards aircraft other than Yugoslav aircraft, it should apply
to commercially operated aircraft and aircraft operated for private purposes
only, and that exceptions should be made for landings in case of emergencies
as well as flights for strictly humanitarian purposes.

it

Apart from the usual provisions concerning circumvention of the prohibitions,
the scope of the Regulation and the exchange of information between Member
States and the Commission, the proposed Regulation also contains a provision
to ensure continuity as regards the existing prohibitions applying to Yugoslav
carriers (Article 5(2)). Such provision is considered necessary since Council
Regulation (EC) 1901/98 is made redundant by the proposed Regulation.

2

Proposal for a

COUNCIL REGULATION (EC)

imposing a ban on flights between the territories of the Community
and the Federal Republic of Yugoslavia,
and repealing Council Regulation (EC) No 1901/98

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular
Article 301 thereof,

Having regard to Common Position 99/
/CFSP, defined by the Council on the basis
of Article 15 of the Treaty on European Union, concerning additional restrictive
measures against the Federal Republic of Yugoslavia1,

Having regard to the proposal from the Commission,

(1) Whereas the Council,

in the light of

the continued violation by the
governments of the Federal Republic of Yugoslavia and of the Republic of
Serbia of the relevant UN Security Council resolutions and the pursuance of
extreme and criminally irresponsible policies, including repression against its
own citizens, which constitute serious violations of human rights and
international humanitarian law, expressed its strong and continuing support for
maximum pressure from the international community on President Milosevic
and his regime;

(2) Whereas, therefore, all flights between the territory of the Community and that

of the Federal Republic of Yugoslavia should be prohibited;

(3) Whereas this measure falls under the scope of the Treaty establishing the

European Community;

(4) Whereas,

therefore, and notably with a view to avoiding distortion of
competition, Community legislation is necessary for the implementation of
this measure, 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;

(5) Whereas there is a need to allow emergency landings and ensuing take-offs,
and to allow exceptions for flights which serve strictly humanitarian purposes;

1

OJ L ... , ... 1999, p. ..

3

(6) 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;

(7) Whereas Council Regulation (EC) No 1901/982, as amended by Council
Regulation (EC) No 214/99, may be repealed since this Regulation prohibits
inter alia flights by Yugoslav carriers, this being without prejudice to the
national legislation determining the sanctions to be imposed if its provisions
are infringed,

HAS ADOPTED THIS REGULATION:

It shall be prohibited to take off from or land in the territory of the Community for

Article 1

– any aircraft operated, directly or indirectly, by a Yugoslav carrier, that is a
carrier having its principal place of business or its registered office in the
Federal Republic of Yugoslavia;

– any aircraft registered in the Federal Republic of Yugoslavia; and

– any civil aircraft, that is an aircraft operated for commercial or private
purposes, if it has taken off from or is destined to land in the territory of
the Federal Republic of Yugoslavia.

Article 2

All operating authorisations for scheduled air services between any point in
the territory of the Community and any point in the Federal Republic of
Yugoslavia are herewith revoked and no new operating authorisations for
such services shall be granted.

All authorisations for charter flights, be they individual or series flights,
between any point in the territory of the Community and any point in the
Federal Republic of Yugoslavia are herewith revoked and no new
authorisations for such flights shall be granted.

No new operating authorisations shall be granted or existing ones renewed
enabling aircraft
that are either registered in the Federal Republic of
Yugoslavia or operated by Yugoslav carriers, to fly to or from airports in the
Community.

Article 3

Article 1 shall not apply to emergency landings and ensuing take-offs.

OJ L 248, 8. 9. 1998, p. 7

4

1.

2.

3.

1.

2

2.

3.

Notwithstanding the provisions of Articles 1 and 2, the competent authorities
of the Member States may authorise on a case-by-case basis and subject to
the consultation procedure of paragraph 3, that civil aircraft take off from or
land in the territory of the Community, if conclusive evidence is given to
to or from the territory of the Federal
these authorities that
Republic of Yugoslavia serves strictly humanitarian purposes.

the flight

The competent authorities of a Member State which intend to authorise a
take off or landing in accordance with the previous paragraph shall notify to
the competent authorities of the Member States and to the Commission the
grounds on which they intend to authorise the take off or landing concerned.

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 flight 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 take off or landing shall
take a decision with regard to this authorisation only either 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 an authorisation is granted after such meeting,
the Member State
concerned shall notify to the other Member States and the Commission the
grounds on which its decision to authorise has been taken.

4.

Nothing in this Regulation shall be construed as limiting the right of aircraft
referred to in Article 1 to fly over the territories of the Community and the
Federal Republic of Yugoslavia for transit purposes in accordance with
applicable regulations.

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.

Article 5

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

Pending the adoption, where necessary, of any legislation to this end, the sanctions to
be imposed where the provisions of this Regulation are infringed shall be those
determined by the Member States in accordance with Article 5 of Council Regulation
(EC) No 1901/98.

5

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 information
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

Council Regulation (EC) No 1901/98, as amended by Council Regulation (EC)
No 214/99, is hereby repealed and replaced by the provisions of this Regulation.

This Regulation shall apply

Article 8

- within the territory of the Community including its airspace,

- on board any aircraft or any vessel under the jurisdiction of a Member State,

- to any person elsewhere who is a national of a Member State, and

- to any body which is incorporated or constituted under the law of a Member State.

Article 9

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 Brussels,

For the Council
The President

6