Council Regulation (EC) No 607/2000 of 20 March 2000 suspending, for a limited period, Regulation (EC) No 2151/1999 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 amending Regulations (EC) No 1294/1999 and (EC) No 2111/1999 as regards payments and supplies in relation to flights during the period of suspension
Date: 2000-03-20
Institutions: Council of the European Union
Subjects: Kosovo, Montenegro, Yugoslavia, air space, air transport, international sanctions

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COUNCIL REGULATION (EC) No 607/2000

of 20 March 2000

suspending, for a limited period, Regulation (EC) No 2151/1999 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 amending Regulations (EC) No 1294/1999 and (EC) No
2111/1999 as regards payments and supplies in relation to flights during the period of suspension

THE COUNCIL OF THE EUROPEAN UNION,

(4)

Provision should be made for monitoring of the imple-
mentation of the suspension,

Having regard to the Treaty establishing the European
Community, and in particular Articles 60 and 301 thereof,

Having regard to Common Position 2000/176/CFSP of 28
February 2000 suspending, for a limited period of time, Article
4 of Common Position 1999/318/CFSP concerning restrictive
measures against the Federal Republic of Yugoslavia (1),

HAS ADOPTED THIS REGULATION:

Article 1

Having regard to the proposal from the Commission,

The application of Articles 1 to 5 of Regulation (EC) No

1.
2151/1999 shall be suspended for a limited period.

Whereas:

(1)

(2)

(3)

In the light of an urgent and unanimous call of the
democratic opposition in the Federal Republic of Yugo-
slavia, the Council determined that the ban on flights
between the Federal Republic of Yugoslavia and the
Community should be suspended for a limited period
while maintaining its overall policy framework of
applying maximum pressure on President Milosevic and
his regime, strengthening the visa ban and the financial
sanctions and welcoming the commitment by the demo-
cratic forces in the Federal Republic of Yugoslavia to
work together for democratic change.

Therefore, the provisions of 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 (2) should be
suspended during that period under
the conditions
defined in this Regulation.

In addition, Council Regulation (EC) No 1294/1999 of
15 June 1999 concerning a freeze of funds and a ban on
investment in relation to the Federal Republic of Yugo-
slavia (3) and Council Regulation (EC) No 2111/1999
prohibiting the sale and supply of petroleum and certain
the Federal
petroleum products to certain parts of
Republic of Yugoslavia (4) should be amended in order
to make provision for transfers of funds, the use of
funds and supplies of petroleum and petroleum prod-
ucts which will be necessary in relation to flights during
the period of suspension.

(1) OJ L 56, 1.3.2000, p. 1.
(2) OJ L 264, 12.10.1999, p. 3.
(3) OJ L 153, 19.6.1999, p. 63.
(4) OJ L 258, 5.10.1999, p. 12.

2.
For the period of the suspension, the competent authori-
ties listed in Annex I to Regulation (EC) No 2151/1999 may
flights by civil
authorise any individual
aircraft as defined in Article 1(c) of Regulation (EC) No 2151/
1999 between the territories of the Community and the Federal
Republic of Yugoslavia.

flight, or series of

3. Without prejudice to the power of the competent author-
ities referred to in paragraph 2 to withdraw authorisations at
an earlier date, the period of validity of the authorisations
granted under paragraph 2 shall, in any case, not exceed the
period of validity of this Regulation.

Article 2

Notwithstanding Article 3(1) of Regulation (EC) No

1.
1294/1999:

(a) Jugoslovenski Aerotransport (Yugoslav Airlines), hereafter
called ‘JAT’, may open one account in each Member State
with a financial institution located and registered therein in
order to receive and make payments in relation to flights
between the territories of the Federal Republic of Yugo-
slavia and the Community;

(b) payments from such an account shall be used exclusively to

pay,

in relation to such flights:

— charges for air traffic control services rendered in the

Community,

— charges for services rendered in the Community by
persons or companies having their principal place of
business or their registered office in the Community,

— charges for supplies,

in airports in the
to aircraft
Community, of goods necessary for the proper func-
tioning of such aircraft, including petroleum and petro-
leum products,

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— taxes, customs duties and other charges imposed by the

Community and its Member States,

justifying the making of a payment in the Federal Republic
of Yugoslavia.

— salaries in respect of JAT employees resident in the
Community before the entry into force of this Regula-
tion, and

— rental costs incurred by JAT in respect of office space in

the Community;

(c) funds transferred by JAT from outside the Community to
an account opened in accordance with subparagraph (a)
shall not be frozen.

2.
Article 3(2) of Regulation (EC) No 1294/1999 shall not
apply to payments for goods and services, as well as payments
of taxes, customs duties and other charges, on the following
conditions:

(a) the obligation to pay is directly and immediately related to
flights between the territories of the Community and the
Federal Republic of Yugoslavia, executed during the period
referred to in Article 5;

(b) the charges, prices or rates are not applied on a discrimina-
tory basis, and the level of such charges, prices or rates in
euro does not exceed that applicable during the six-month
increased with the average
period before 19 June 1999,
rate of inflation in the Community since that date;

(c) in the case of payment of taxes, customs duties and other
charges,
the taxes, customs duties and other charges,
imposed before or after the entry into force of this Regula-
tion were not imposed to counteract any reduction of
economic relations with the Federal Republic of Yugoslavia
decided by the Community, and the payment fell due as a
result of flights authorised in accordance with Article 1(2);

(d) transfers of funds to the Federal Republic of Yugoslavia
shall take place only if the natural or legal person making
the payment demonstrates both that payment has to take
place in the Federal Republic of Yugoslavia and that he or it
does not have sufficient funds in that country to make that
authorisation from the
payment,
competent authorities of the Member State (1) from which
the transfer is made; and

and obtains prior

(e) all payments shall be reported to the Commission, directly
or through the competent authorities in accordance with
the applicable rules, and to the competent authorities of the
Member State wherein the payment or transfer takes place,
on a monthly basis, within two weeks of the end of the
month to which the report relates. Such reports may be
based on existing data-processing and accounting systems
and shall, where appropriate, be accompanied by evidence

(1) As listed in Annex III to Regulation (EC) No 1294/1999.

Article 3

1.
Article 1 of Regulation (EC) No 2111/1999 shall not
apply to sales or supplies in the Community of petroleum and
in the
petroleum products in respect of any civil aircraft
Community used for flights between the territories of
the
Community and the Federal Republic of Yugoslavia authorised
in accordance with Article 1(2), provided that such sales or
supplies are necessary for the proper functioning of such
aircraft.

Article 1 of Regulation (EC) No 2111/1999 shall not
2.
apply to the sale, supply or export of petroleum and petroleum
products to any person or body in a non-member State other
than the Federal Republic of Yugoslavia by persons or bodies
incorporated or constituted under the law of a Member State,
for sales, supplies or exports directly and immediately related
to flights by civil aircraft between those states and the Federal
Republic of Yugoslavia.

Sales supplies or exports pursuant to this Article shall be
3.
reported to the Commission and the competent authorities (2)
of the Member State where the sale, supply or export takes
place, on a monthly basis, within two weeks of the end of the
month to which the report relates. Such reports may be based
on existing data processing and accounting systems.

Article 4

The Commission shall monitor the implementation of
1.
this Regulation, and in particular the actions of the Federal
Republic of Yugoslavia and the Republic of Serbia vis-a-vis
Community carriers, and report to the Council regularly.

inform each
2. Member States and the Commission shall
other of the measures taken under this Regulation and shall
supply each other with all relevant information at their disposal
in connection with this Regulation, such as the granting and
withdrawal of authorisations, and information received in
accordance with Articles 2(2)(e) and 3(3).

Article 5

This Regulation shall apply until 28 August 2000:

— 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,

— to any body which is incorporated or constituted under the

law of a Member State.

Article 6

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

(2) As listed in Commission Regulations (EC) No 1084/1999 (OJ L
131, 27.5.1999, p. 29), Regulation as amended by Regulation (EC)
No 1971/1999 (OJ L 244, 16.9.1999, p. 40).

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

Done at Brussels, 20 March 2000.

For the Council

The President

J. GAMA