Proposal for a Council Regulation amending Regulation (EC) No 1064/1999 imposing a ban on flights between the European Community and the Federal Republic of Yugoslavia
Date: 1999-10-05
Institutions: European Commission
Subjects: Yugoslavia, air space, air transport, international sanctions, trade restriction

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 5.10.1999
COM(1999) 466 final

Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 1064/1999 imposing a ban on flights between the
European Community and the Federal Republic of Yugoslavia

(presented by the Commission)

EXPLANATORY MEMORANDUM

In order to attain a sustainable solution to the Kosovo crisis the European Union has
imposed several economic and financial sanctions against the Federal Republic of
Yugoslavia (FRY).

Although a definitive solution has not yet been attained, developments in the Province
of Kosovo and in the Republic of Montenegro point to the need of lifting of the flight
ban in respect of these two territories within the FRY in support of the political and
economic reforms taking place.

The present proposal of the Commission for a Council Regulation aims at exempting
the Province of Kosovo and the Republic of Montenegro from the flight ban.

However, in order to avoid that this exemption will undermine the measures which
will remain in force in respect of the rest of the FRY, provisions are proposed that
should minimise the risk of such undermining.

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Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 1064/1999 imposing a ban on flights between the
European Community and the Federal Republic of Yugoslavia

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/…/CFSP of .. September 1999, adopted by
the Council on the basis of Article 15 of the Treaty on European Union, amending
Common 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,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

the developments with regard to the Federal Republic of Yugoslavia permit a
partial lifting of the ban on flights imposed by Regulation (EC) No 1064/1999;

such partial
Regulation
Yugoslavia,

lifting should not prejudice the remaining applicability of
(EC) No 1064/1999 with regard to the Federal Republic of

HAS ADOPTED THIS REGULATION:

Regulation (EC) No 1064/1999 shall be modified as follows:

Article 1

1. The following Article shall be added:

" Article 3a

Notwithstanding the provisions of Articles 1 and 2, the competent authorities listed in
the Annex of Commission Regulation (EC) No 1520/19991, may authorise individual
or series flights with civil aircraft as defined in Article 1 (c) between the European
Community and the Federal Republic of Yugoslavia, on the condition that

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OJ L 177 of 13.7.1999, p. 10

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(a) the aircraft used for these flights is not registered in the Federal Republic of
Yugoslavia and not operated by a Yugoslav carrier, as defined in Article 1 (a), other
than Montenegro Airlines;

(b) the point of landing or of departure in the Federal Republic of Yugoslavia
located only in the Republic of Montenegro or the Province of Kosovo;

is

(c) in cases of flights to or from points in the Province of Kosovo, payments for the
provision of essential services necessary for the normal execution of these flights are
made only to the providers of these services and that the level of such payments
corresponds to the average rates applicable for such services during the six months
period before 19.6.1999 and are applied on a non-discriminatory basis;

(d) in cases of flights to or from points in the Republic of Montenegro, payments for
the provision of essential services necessary for the normal execution of these flights
are made into the account of the competent authorities of the Republic of Montenegro,
listed in the Annex to this Regulation, and at rates corresponding to the average rates
applicable during the six months period before 19.6.1999 and applied on a non-
discriminatory basis. "

2. The following shall be added to Article 8:

"3. The Commission shall establish, and, if necessary, modify, the list of competent
authorities of the Republic of Montenegro referred to in Article 3a (d) and of the
providers of essential services in the Province of Kosovo . The Commission shall
publish this list and any changes thereto in the Official Journal of the European
Communities."

Article 2

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

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