Council Regulation (EC) No 1064/1999 of 21 May 1999 imposing a ban on flights between the European Community and the Federal Republic of Yugoslavia, and repealing Regulation (EC) No 1901/98
Date: 1999-05-21
Institutions: Council of the European Union
Subjects: Yugoslavia, air space, air transport, international sanctions, trade restriction

22. 5. 1999

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Official Journal of the European Communities

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COUNCIL REGULATION (EC) No 1064/1999

of 21 May 1999

imposing a ban on flights between the European Community and the Federal
Republic of Yugoslavia, and repealing 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 1999/318/CFSP of
10 May 1999, adopted by the Council on the basis of
Article 15 of the Treaty on European Union, concerning
additional
the Federal
Republic of Yugoslavia (1),

restrictive measures

against

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

The continued violation by the Governments of the
Federal Republic of Yugoslavia and of the Republic
of Serbia of UN Security Council Resolutions and
the pursuance of extreme and criminally irrespon-
sible policies, including repression against its own
citizens, constitute serious violations of human
rights and international humanitarian law;

Flights between the territory of the Community
and that of the Federal Republic of Yugoslavia
should therefore be prohibited;

This measure falls within the scope of the Treaty
establishing the European Community;

the territory of

Therefore, and notably with a view to avoiding
distortion of competition, Community legislation is
necessary for the implementation of this measure,
the Community is
insofar as
concerned; such territory is deemed to encompass,
for the purposes of this Regulation, the territories
of the Member States to which the Treaty estab-
lishing the European Community is applicable,
under the conditions laid down in that Treaty;

There is a need to allow emergency landings and
ensuing take-offs, and allow exceptions for flights
which serve strictly humanitarian purposes;

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 in-
formation at their disposal in connection with this
Regulation;

Council Regulation (EC) No 1901/98 of 7
September 1998 concerning a ban on flights of
Yugoslav carriers between the Federal Republic of

(1) OJ L 123, 13.5.1999, p. 1.

Yugoslavia and the European Community (2), may
be repealed since that Regulation prohibits, inter
alia, flights by Yugoslav carriers, this being without
prejudice to national legislation determining the
sanctions to be imposed where the provisions of
that Regulation have been infringed,

HAS ADOPTED THIS REGULATION:

Article 1

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

(a) any aircraft operated, directly or indirectly, by a Yugo-
slav carrier, that is a carrier having its principal place
of business or its registered office in the Federal
Republic of Yugoslavia;

(b) any aircraft registered in the Federal Republic of
Yugoslavia; unless lawfully present in the European
Community at the date of entry into force of this
Regulation;

that

(c) any civil aircraft,

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

scheduled air
1.
services between any point
the
Community and any point in the Federal Republic of
Yugoslavia are hereby revoked and no new operating
authorisations for such services shall be granted.

in the territory of

for

2.
All authorisations for charter flights, whether they
be individual or series flights, between any point in the
territory of the Community and any point in the Federal
Republic of Yugoslavia are hereby revoked and no new
authorisations for such flights may be granted.

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

(2) OJ L 248, 8.9.1998, p. 7. Regulation as amended by Council
Regulation (EC) No 214/1999 (OJ L 23, 30.1.1999, p. 6).

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Official Journal of the European Communities

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Article 3

Article 1 shall not apply to emergency landings and

1.
ensuing take-offs.

2. Notwithstanding the provisions of Articles 1 and 2,
the Member States may
the competent authorities of
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 these authorities that
the flight to or from the territory of the Federal Republic
of Yugoslavia serves strictly humanitarian purposes.

3.
The competent authorities of a Member State which
intends to authorise a take off, or landing, in accordance
with paragraph 2 shall notify to the competent authorities
of the other 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 only take a decision with regard to this
authorisation when either no objections have been raised
or the consultations on the conclusive evidence have
taken place at the meeting convened by the Commission.
Where 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.

Article 4

Nothing in this Regulation shall be construed as limiting
pre-existing rights in respect of aircraft referred to in
Article 1 other than rights to land in, or take off from, the
territory of the Community.

Article 5

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.

Pending the adoption, where necessary, fo 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 Regulation (EC) No 1901/98.

Article 7

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

Article 8

The Commission shall estabish a

1.
the
competent authorities referred to in Article 3 on the basis
of relevant inforamtion provided by the Member States.
The Commission shall publish this list and any changes
to it in the Official Journal of the European Communi-
ties.

list of

The Commission shall establish a list of the aircraft
2.
registered in the Federal Republic of Yugoslavia which
are lawfully present
in the European Community in
accordance with Article 1(b) on the basis of relevant in-
formation provided by the Member States. The Commis-
sion shall publish this list in the Official Journal of the
European Communties.

Article 9

Regulation (EC) No 1901/98 shall be repealed and
replaced by the provisions of this Regulation.

Article 10

This Regulation shall apply:

(a) within the territory of the Community including its

airspace,

(b) on board any aircraft or any vessel under the jurisdic-

tion of a Member State,

(c) to any person elsewhere who is a national of a

Member Sate, and

(d) to any body which is incorporated or constituted

under the law of a Member State.

Article 6

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.

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

Article 11

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

Done at Brussels, 21 May 1999.

For the Council

The President

H. WIECZOREK-ZEUL