Council Regulation (EC) No 2151/1999 of 11 October 1999 imposing a ban on flights between the territories of the Community and the Federal Republic of Yugoslavia other than the Republic of Montenegro or the Province of Kosovo, and repealing Regulation (EC) No 1064/1999
Date: 1999-10-11
Institutions: Council of the European Union
Subjects: Kosovo, Montenegro, Yugoslavia, air space, air transport, international sanctions

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Official Journal of the European Communities

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 2151/1999

of 11 October 1999

imposing a ban on flights between the territories of the Community and the Federal Republic of
Yugoslavia other than the Republic of Montenegro or the Province of Kosovo, and repealing
Regulation (EC) No 1064/1999

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 99/318/CFSP adopted by
the Council on the basis of Article 15 of the Treaty on Euro-
pean Union concerning additional restrictive measures against
the Federal Republic of Yugoslavia (1),

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

(5)

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;

flights between the territory of

Therefore, all
the
Community and that of the Federal Republic of Yugo-
slavia other than the Republic of Montenegro or the
Province of Kosovo should be prohibited;

This prohibition should not apply, under certain condi-
tions, to Montenegro Airlines;

This measure falls under the scope of the Treaty estab-
lishing the European Community;

Therefore, and notably with a view to avoiding distor-
tion of competition, Community legislation is necessary
for the implementation of this measure, whereas as far
as the territory of the Community is concerned; 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;

(6)

(7)

(8)

There is a need to allow emergency landings and
ensuring take-offs, and to 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 information at their
in connection with this Regulation;
disposal

For reasons of transparency and simplicity, the provi-
sions of Council Regulation (EC) No 1064/1999 of 21
May 1999 imposing a ban on flights between the Euro-
pean Community and Federal Republic of Yugoslavia,
and repealing Regulation (EC) No 1901/98 (2) should be
incorporated in this Regulation, and that Regulation
should be repealed,

HAS ADOPTED THIS REGULATION:

Article 1

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

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

(b) any aircraft registered in the FRY; and

(c) 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 FRY.

Article 2

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

(1) OJ L 123, 13.5.1999, p. 1. Common Position amended by
Common Position 1999/604/CFSP (OJ L 236, 7.9.1999, p. 1).

(2) OJ L 129, 22.5.1999, p. 27.

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All authorisations for charter flights, be they individual or
2.
series flights, between any point
the
Community and any point in the FRY are hereby revoked and
no new authorisations for such flights shall be granted.

in the territory of

3.
No new operating authorisations shall be granted or
existing ones renewed enabling aircraft that are either regis-
tered in the FRY or operated by Yugoslav carriers, to fly to or
from airports in the Community.

Article 3

with civil aircraft as defined in Article 1(c) between the ter-
ritories of the Community and the FRY, on the condition that:

(a) the aircraft used for these flights:

— are not registered in the FRY and are operated by
Montenegro Airlines or by a carrier which is not a
Yugoslav carrier as defined in Article 1(a); or

— are registered in the FRY and listed in Annex II, either
as aircraft used by the government of Montenegro or
the relevant bodies designated by the Special Repres-
entative of the UN Secretary-General for the Province of
Kosovo, for non-commercial purposes, or as aircraft
used by Montenegro Airlines for commercial purposes;

Article 1 shall not apply to emergency landings and

1.
ensuing take-offs.

and

2.
Notwithstanding Articles 1 and 2, the competent authori-
ties 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 these authorities
that the flight to or from the territory of the FRY serves strictly
humanitarian purposes.

The competent authorities of a Member State which
3.
intend to authorise a take off or landing in accordance with
paragraph 2 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 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 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 author-
isation when either no objections have been raised, or after the
consultations on the conclusive evidence have taken place at
the meeting convened by the Commission. Where an author-
isation 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.

Nothing in this Regulation shall be construed as limiting
4.
the right of any aircraft
the
Community and the FRY for transit purposes in accordance
with applicable regulations.

to fly over the territories of

(b) the point of departure of flights, intermediate points and
points of final destination in the FRY are located only in
the Republic of Montenegro or the Province of Kosovo.

Authorisations granted under this Article shall cease to be

2.
valid if:

(a) 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 to others than the providers of these services listed in
Annex III, the level of such payments does not correspond
to the average rates applicable for such services during the
six month period before 19 June 1999 or such rates are
applied on a discriminatory basis; or

(b) in cases of flights to or from points in the Republic of
Montenegro, payments
the provision of essential
for
services necessary for the normal execution of these flights,
other than Air Traffic Control Services provided by the
competent bodies of
the FRY, are not made into the
account of the competent authorities of the Republic of
Montenegro, listed in Annex III, the level of such payments
does not correspond to the average rates applicable during
the six month period before 19 June 1999 or such rates are
applied on a discriminatory basis.

3.
For the purpose of this Regulation, Air Traffic Control
services provided by the competent bodies of the FRY and
essential services necessary for the normal execution of author-
ised flights provided by the entities listed in Annex III shall be
deemed to be essential transit services referred to in Article
7(2)(c) of Regulation (EC) No 1294/1999 (1).

Article 5

Article 4

Participation, knowingly and intentionally, in related activities,
the object or effect of which is, directly or indirectly, to circum-
vent Articles 1 and 2 shall be prohibited.

1.
Notwithstanding Articles 1 and 2, the competent author-
ities listed in Annex I may authorise individual or series flights

(1) OJ L 153, 19.6.1999, p. 63. Regulation as amended by Commis-
sion Regulation (EC) No 1970/99 (OJ L 244, 16.9.1999, p. 39).

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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.

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 Regulation (EC)
No 1901/98 (1) or Article 6 of Regulation (EC) No 1064/1999.

Article 7

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.

(b) amend the list of aircraft registered in the FRY and operated
by Montenegro Airlines, the Government of Montenegro or
the relevant bodies designated by the Special Representative
of the UN Secretary-General for the Province of Kosovo, on
the basis of relevant information provided by this govern-
ment or these bodies;

(c) publish and,

if necessary, modify, the list of competent
authorities of the Republic of Montenegro and of the rele-
vant bodies and the essential service providers in the Prov-
ince of Kosovo designated or identified as appropriate by
the Special Representative of the United Nations Secretary-
General for the Province of Kosovo.

The Commission shall publish these lists and any changes
thereto in the Official Journal of the European Communities.

This Regulation shall apply:

Article 10

(a) within the territory of

the Community including its

Article 8

airspace,

Regulation (EC) No 1064/1999 shall be repealed and replaced
by the provisions of this Regulation. Any reference to Articles
of that Regulation shall be construed as a reference to the
corresponding Article of this Regulation.

Article 9

The Commission shall be empowered to:

(a) amend the list of competent authorities contained in Annex
I on the basis of relevant information provided by the
Member States;

(b) on board any aircraft or any vessel under the jurisdiction of

a Member State,

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

State, and

(d) to any body which is incorporated or constituted under the

law of a Member State.

Article 11

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, 11 October 1999.

For the Council

The President

T. HALONEN

(1) OJ L 248, 8.9.1998, p. 7. Regulation as amended by Regulation

(EC) No 214/1999 (OJ L 23, 30.1.1999, p. 6).

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ANNEX I

List of competent authorities referred to in Article 3

BELGIUM

Ministère des communications et de l'infrastructure
Administration de l'aéronautique
Centre Communications Nord — 4e étage
Rue du Progrès 80 — Boîte 5
B-1030 Bruxelles
Tel. (32 2) 206 32 00
Fax (32 2) 203 15 28

DENMARK

Statens Luftfartsvæsen
Luftfartshuset
Box 744
50 Ellebjergvej
DK-2450 København SV
Tel. (45) 36 44 48 48
Fax (45) 36 44 03 03

GERMANY

Generaldirektor für Luft- und Raumfahrt
Bundesministerium für Verkehr
Postfach 200 100
D-53170 Bonn
Tel. (49 228) 300 45 00
Fax (49 228) 300 79 29

GREECE

Υπονργείο Μεταφορών και Επικοινωνιών
Υπηρεσία Πολιτικής Αεροπορίας
Τ.Θ. 73 751
GR-16604 ΕΛΛΗΝΙΚΟ
Τηλ. (30 1) 894 42 63
Φαξ (30 1) 894 42 79

(Ministry of Transport and Communications
Hellenic Civil Aviation Authority
P.O. Box 73 751
GR-16604 Helliniko
Tel. (30 1) 894 42 63
Fax (30 1) 894 42 79)

SPAIN

Dirección General de Aviación Civil
Ministerio de Fomento
Paseo de la Castellana, 67
E-28071 Madrid
Tel. (34 91) 597 70 00
Fax (34 91) 597 53 57

FRANCE

Direction générale de l'aviation civile (DGAC)
48, rue Camille Desmoulins
F-92452 Issy-les-Moulineaux
Tel. (33 1) 41 09 36 94
Fax (33 1) 41 09 38 64

IRELAND

General Director for Civil Aviation
Department of Transport, Energy and Communications
44, Kildare Street
Dublin 2
Ireland
Tel. (353 1) 604 11 72
Fax (353 1) 604 11 81

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ITALY

Ente Nazionale per l'Aviazione Civile (ENAC)
Via di Villa Ricotti 42
I-00161 Roma
Tel. (39 06) 44 18 52 08/441 85 209
Fax (39 06) 44 18 53 16

LUXEMBOURG

Directeur de l'aviation civile
Ministère des transports
19-21, Boulevard Royal
L-2938 Luxembourg
Tel. (352) 478 44 12
Fax (352) 46 77 90

NETHERLANDS

Ministry of Transport, Public Works and Water Management
Directorate General of Civil Aviation
Plesmanweg 1-6
P.O. Box 90 771
2509 LT Den Haag
Netherlands
Tel. (31 70) 351 72 45
Fax (31 70) 351 63 48

AUSTRIA

Bundesministerium für Wissenschaft, Verkehr und Kunst
Radetzkystraße 2
A-1030 Wien
Tel. (43 1) 711 62 70 00
Fax (43 1) 713 03 26

PORTUGAL

Instituto Nacional da Aviação Civil
Ministério do Equipamento, do Planeamento e da Administração do Território
Aeroporto de Lisboa
Rua B, Edifícios 4, 5, 6
P-1700 Lisboa Codex
Tel. (351 1) 842 35 61
Fax (351 1) 842 35 82

FINLAND

Ilmailulaitos/Luftfartsverket
(Civil Aviation Administration)
P.O. Box 50
FIN-01531 Vantaa
Tel. (358 9) 82 772 010
Fax (358 9) 82 772 091

SWEDEN

As regards Article 3:

Regeringskansliet
Utrikesdepartementet
Rättssekretariat för EU-frågor
Fredsgatan 6
S-103 39 Stockholm
Tel (46 8) 405 10 00
Fax (46 8) 723 11 76

As regards Article 4:

Luftfartsverket
S-601 79 Norrköping
Tel. (46 11) 19 20 00
Fax (46 11) 19 27 60

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UNITED KINGDOM

Department of Environment, Transport and the Regions
International Aviation Negotiations
Great Minster House
76, Marsham Street
London SW1P 4DR
Fax (44 171) 890 58 01

EUROPEAN COMMUNITY

European Commission
Directorate-General I
Mr. A. de Vries DM24 5/75
Tel. (32 2) 295 68 80
Fax (32 2) 295 73 31

ANNEX II

List of aircraft registered in the FRY referred to in Article 4

Registration code

Model

Owner/user

YU-AOH 11176

YU-AOI 11184

YU-BPY S/N 173

YU-HEK S/N 25908

YU-HCC S/N 5712

YU-HAW S/N 8314

F28/4000

F28/4000

LJ-35

Bell-412

Bell-212

Bell-206

Montenegro Airlines

Montenegro Airlines

Montenegrin Government

Ministry of Internal Affairs

Ministry of Internal Affairs

Ministry of Internal Affairs

ANNEX III

p.m.