Council Regulation (EC) No 2111/1999 of 4 October 1999 prohibiting the sale and supply of petroleum and certain petroleum products to certain parts of the Federal Republic of Yugoslavia (FRY) and repealing Regulation (EC) No 900/1999
Date: 1999-10-04
Institutions: Council of the European Union
Subjects: Yugoslavia, international sanctions, market approval, petroleum, petroleum product

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Official Journal of the European Communities

5. 10. 1999

COUNCIL REGULATION (EC) No 2111/1999

of 4 October 1999

prohibiting the sale and supply of petroleum and certain petroleum products to certain parts of the
Federal Republic of Yugoslavia (FRY) and repealing Regulation (EC) No 900/1999

THE COUNCIL OF THE EUROPEAN UNION,

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

1999,

amending

September

Having regard to Council Common Position 1999/604/CFSP of
3
Position
1999/273/CFSP concerning a ban on the supply and sale of
petroleum and petroleum products to the Federal Republic of
Yugoslavia (FRY), and Common Position 1999/318/CFSP
concerning additional restrictive measures against the Federal
Republic of Yugoslavia (1)

Common

(5)

(6)

(7)

The developments with regard to the FRY permit a
partial
lifting of the embargo imposed by Regulation
(EC) No 900/1999;

Such partial lifting should not prejudice the remaining
applicability of Regulation (EC) No 900/1999 with
regard to the FRY;

For reasons of transparency and simplicity, the provi-
sions of Regulation (EC) No 900/1999 should be incor-
porated in this Regulation, and that Regulation should
be repealed,

Having regard to the proposal from the Commission,

HAS ADOPTED THIS REGULATION:

Whereas:

(1)

(2)

(3)

(4)

The Government of the Federal Republic of Yugoslavia
(‘FRY’) has continued to violate United Nations Security
Council Resolutions and to pursue extreme and crim-
inally irresponsible policies, including repression against
its own citizens, which constitute serious violations of
human rights and international humanitarian law, and
Common Position 1999/273/CFSP (2) provided that the
supply and sale of petroleum and petroleum products to
the FRY should be prohibited; however, Council
Common Position 1999/604/CFSP provides that that
prohibition should not apply to the sale and supply of
such products to the Province of Kosovo and the
Republic of Montenegro;

The prohibition of selling, supplying or exporting petro-
leum and petroleum products to the FRY falls within the
scope
European
Community;

the Treaty

establishing

the

of

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; for
the purposes of this Regulation such territory is deemed
to 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;

To that end the Council adopted on 29 April 1999 a
Regulation (EC) No 900/1999 prohibiting the sale and
supply of petroleum and certain petroleum products to
the Federal Republic of Yugoslavia (FRY) (3)

(1) OJ L 236, 7.9.1999, p. 1.
(2) OJ L 108, 27.4.1999, p. 1.
(3) OJ L 114, 1.5.1999, p. 7.

Article 1

It shall be prohibited, knowingly and intentionally, to:

(a) sell, supply or export, directly or indirectly, petroleum and
petroleum products listed in Annex I, 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

Notwithstanding

1.
competent authorities may authorise:

the provisions of Article 1,

the

(a) the sale, supply, export or shipment of products listed in
Annex I for the use of diplomatic and consular 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 Annex I if conclusive evidence is
given to these authorities that the sale, supply or export
serves strictly humanitarian purposes.

The competent authorities of a Member State which
2.
intend to authorise a sale, supply or export in accordance with
paragraph 1(b) shall notify to the competent authorities 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 noti-
fication, 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 consulta-
tions on the conclusive evidence have taken place at
the
meeting convened by the Commission. In case of an author-
isation, 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 3

Notwithstanding

the provisions of Article 1,

the
1.
competent authorities may authorise the sale, supply or export,
directly or indirectly, of petroleum and petroleum products
listed in Annex I to any person or body for the purpose of any
business carried on in, or operated from, the territory of the
Federal Republic of Yugoslavia, and the shipment to the terri-
tory of
the Federal Republic of Yugoslavia, provided that
conclusive evidence is presented to these authorities that:

(a) the petroleum and petroleum products sold, supplied or
exported are shipped from the Community to the Republic
of Montenegro or
the Province of Kosovo without
transiting through other parts of the Republic of Serbia;
and

(b) the petroleum and petroleum products shall not leave the
territory of the Republic of Montenegro or the Province of
Kosovo for any destination elsewhere in the Republic of
Serbia.

Any authorisation should be made in accordance with the
model set out in Annex II.

2.
A declaration by the relevant bodies designated by the
Special Representative of the United Nations Secretary General
for the Province of Kosovo or by the competent authorities of
the Republic of Montenegro listed in Annex III, in accordance
with the model set out
in Annex IV, shall be conclusive
evidence for the purpose of any authorisation pursuant to
paragraph 1.

3. With regard to each territory concerned and until such
time as the names and addresses of
its relevant body or
competent authority to be listed in Annex III will have been
published in the Official Journal of the European Communities, a
competent authority of a Member State shall not grant a prior
authorisation before it has requested the competent authorities
of the other Member States and the Commission to give their
comments on the evidence presented, which, if any, shall be
given within a period of five working days after sending the
request. After these five days and on the basis of the comments

received or any other information obtained in the meantime,
the competent authority concerned shall take a decision in
respect of the granting of an authorisation, and notify the
Commission and the other Member States of this decision.

Article 4

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

Article 5

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 provisions of
this Regulation are infringed shall be those determined by the
Member States in accordance with Article 5 of Council Regula-
tion (EC) No 926/98 of 27 April 1998 concerning the reduc-
tion of certain economic relations with the Federal Republic of
Yugoslavia (1).

Article 6

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 information at their
disposal in connection with this Regulation, such as violation
and enforcement problems or judgments handed down by
national courts.

Member States shall notify the competent authorities of other
Member States and the Commission of any authorisations for
sale, supply, or export or shipment granted in accordance with
Article 3(1).

Article 7

The Commission shall establish the list of competent authori-
ties referred to in Articles 2 and 3(1) 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.

The Commission shall establish and, if necessary, amend the
list of competent authorities of the Republic of Montenegro
referred to in Article 3(2).

The Commission shall establish and, if necessary, amend the
list of relevant bodies designated by the Special Representative
of the United Nations Secretary-General for the Province of
Kosovo referred to in Article 3(2).

The Commission shall amend if necessary the models of prior
authorisation and prior final destination declaration referred to
Article 3(1) and (2). The Commission shall publish any changes
the
to this list and these models in the Official
European Communities.

Journal of

Article 8

Regulation (EC) No 900/1999 is hereby repealed and replaced
by the provisions of this Regulation. Any reference to Articles
of that Regulation shall be construed as reference to the cor-
responding Article of this Regulation.

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

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Official Journal of the European Communities

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Article 9

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

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

Article 10

This Regulation shall enter into force on the day of its publica-
tion 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, 4 October 1999.

For the Council

The President

K. HÄKÄMIES

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ANNEX I

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 or petroleum oils or of oils
obtained from bituminous minerals, these oils being the basic constituents of the preparations

CN code

2709

2710

2711

Petroleum gases and other gaseous hydrocarbons

2712 10

Petroleum jelly

2712 20 00

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

ex 2712 90

‘Slack wax’,

‘scale wax’

2713

2714

Petroleum coke, petroleum birumen 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

Acyclic hydrocarbons

2902 11 00

Cyclohexane

2902 20

2902 30

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; thiophenated sulphonic acids oils obtained from bituminous minerals, and their salts

ex 3824 90 95

Other products derived from petroleum and petroleum products

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Official Journal of the European Communities

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Model of authorisation document of EC competent authorities referred to in Article 3(1)

ANNEX II

EUROPEAN COMMUNITY

PRIOR AUTHORISATION

1. APPLICANT (name, full address, country)

ORIGINAL

2. No

Date

Period of validity

3. END-USER/FINAL DESTINATION (name,

full address, country/ter-

4. COUNTRY OF EXPORT (Code) (1)

ritory)

5. TERRITORY OF DESTINATION AND ROUTE OF SHIPMENT

6. PLACE AND DATE OF SHIPMENT — MEANS OF TRANSPORT

7. NUMBER OF DECLARATION OF END USER/FINAL DESTINATION

NOTE
This authorisation does not discharge the exporter from fulfilling any other
conditions applicable in the export of the goods concerned.

8. SUPPLEMENTARY DETAILS

9. MARKS AND NUMBER — NUMBER AND KIND OF PACKAGES —

10. CN CODE

11. QUANTITY (2)

12. VALUE (3)

DESCRIPTION OF GOODS AND THEIR USE

13. CERTIFICATION BY THE COMPETENT AUTHORITY OF THE EUROPEAN COMMUNITIES

Certified that the sale, supply, export or shipment to the FRY of products described above has been authorised

14. COMPETENT AUTHORITY (name, full address, country)

Stamp

Place and Date

Signature

(1) As listed in Commission Regulation (EC) No 2645/98 (OJ L 335, 10.12.1998, p. 22).
(2) Show net weight (kg) and also quantity in the unit prescribed for category where other than net weight.
(3) In the currency of the sale contract.

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List of relevant bodies in the Province of Kosovo and competent authorities of the Republic of Montenegro, referred to in Article 3(2)

ANNEX III

[...]

p.m.

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ANNEX IV

Model of prior final destination declaration of the relevant bodies of the Province of Kosovo or the competent authorities of the Republic of
Montenegro referred to in Article 3(2)

1. APPLICANT (name, full address, country)

ORIGINAL

PRIOR FINAL DESTINATION DECLARATION

3. END-USER/FINAL DESTINATION (name,

full address, country/ter-

4. COUNTRY OF EXPORT (Code) (2)

ritory) (1)

2. No

Date

Period of validity

5. TERRITORY OF DESTINATION AND ROUTE OF SHIPMENT PROVINCE

OF KOSOVO/REPUBLIC OF MONTENEGRO

KOSOVO/REPUBLIC OF MONTENEGRO (3)

6. SUPPLY DETAILS

7. MARKS AND NUMBER — NUMBER AND KIND OF PACKAGES —

8. CN CODE

9. QUANTITY (4)

10. VALUE (5)

DESCRIPTION OF GOODS AND THEIR USE

11. CERTIFICATION BY THE RELEVANT BODY OF THE PROVINCE OF KOSOVO OR THE COMPETENT AUTHORITY OF THE REPUBLIC OF MONTE-

NEGRO (3)

The said goods are subject to official control as regards their end-user/final destination. The certificate ceases to be valid unless presented to the
competent foreign authorities within three months from the date of issue. Certificates which have not been used must be returned to the competent
authority. Diversion (re-exportation) to another country only possible with the authorisation of the competent licensing authority.

I, the undersigned, certify that the end-user/final destination of the goods described above is in the territory of Province of Kosovo/Republic of
Montenegro (3)

12. COMPETENT AUTHORITY (name, full address, country)

13. Stamp

Place and Date

Signature

(1) If there are more than 10 end-users or final destinations, the applicant shall
(2) As listed in Commission Regulation (EC) No 2645/98 (OJ L 335, 10.12.1998, p. 22).
(3) Indicate which of both territories/authorities.
(4) Show net weight (kg) and also quantity in the unit prescribed for category where other than net weight.
(5) In the currency of the sale contract.

indicate these end-users or final destinations in an Annex to this Declaration.