Commission Regulation (EC) No 1147/2000 of 29 May 2000 amending Annex II to Council Regulation (EC) No 1294/1999 concerning a freeze of funds and a ban on investment in relation to the Federal Republic of Yugoslavia
Date: 2000-05-29
Institutions: European Commission
Subjects: Yugoslavia, capital market, economic sanctions, international sanctions, investment, regulation of investments

30.5.2000

EN

Official Journal of the European Communities

L 129/15

COMMISSION REGULATION (EC) No 1147/2000

of 29 May 2000

amending Annex II to Council Regulation (EC) No 1294/1999 concerning a freeze of funds and
a ban on investment in relation to the Federal Republic of Yugoslavia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1294/1999 of 15
June 1999 concerning a freeze of funds and a ban on invest-
ment in relation to the Federal Republic of Yugoslavia (FRY)
and repealing Regulations (EC) No 1295/98 and (EC) No 1607/
98 (1), as last amended by Commission Regulation (EC) No
1094/2000 (2), and in particular Article 8(1)(a) thereof,

Whereas:

(1)

(2)

(3)

(4)

The list of companies, undertakings,
istitutions or
entities, located, registered outside the territory of the
Federal Republic of Yugoslavia and deemed to be owned
or controlled by the Government of the FRY or the
Government of the Republic of Serbia was established
by the Council when it adopted Regulation (EC) No
1294/1999 and attached to that Regulation as Annex II.

Subsequently, Austria requested (3) that Simit Handels
GmbH and Combick Contracting Engineering Bau
GmbH be added to that Annex, as it had been estab-
lished that the former is owned by Zoran Karic, a person
close to the regime included in Annex I to Regulation
(EC) No 1294/1999, and the latter is directly or indir-
ectly owned by GENEX, General Export and Import
Undertaking for Internal and External Trade.

Austria also requested, apart from the updating of some
addresses, that Rudimex GmbH be removed from that
Annex as it had been established that this company was
liquidated in 1998,
that Yugotours Reisen and the
Vienna offices of Jugobanka/Bank for Foreign Trade and
Beogradska Banka be removed from that Annex as it
had been established that they had been liquidated in
1994, and that Inex Interexport be removed from that
Annex since no company by that precise name had been
found.

Germany and France requested (4) that RTB Bor Metalle
GmbH and RTB Copper France be included in Annex II
as it had been established that these companies were
owned by RTB Copper GmbH, Switzerland, a subsidiary
of RTB Holding and Sartid-Jugometal.

(1) OJ L 153, 19.6.1999, p. 63.
(2) OJ L 124, 25.5.2000, p. 42.
(3) Requests

formulated in a fax from the Bundesministerium für
Auswärtige Angelegenheiten dated 13 September 1999 (signed Dr
Gehr).
(4) Requests

from Bundesausfuhramt dated 8
September 1999 (signed Mr Pietsch) and from the Ministère de
l'Economie, des Finances et de l'Industrie dated 10 September 1999
(signed Mr Coeuré).

formulated in letters

(6)

(7)

(8)

(9)

Germany and France requested (5) that Invest Import und
Export GmbH and Invest Commerce France be included
in Annex II as it had been established that the former
was directly owned by Invest-Import, Belgrade and that
the latter was owned by Invest-Import, Belgrade and its
German subsidiary.

Germany requested (6) that Combick GmbH be included
in Annex II as it had been established that that company
was owned by GENEX.

Germany requested (6)
that Magnorohm GmbH be
included in Annex II as it had been established that that
company was owned by Magnorhrom, Kraljevo.

The United Kingdom requested (7) that Yusico UK Ltd be
included in Annex II as it had been established that that
company was owned by Jugopetrol Investment Ltd, a
subsidiary of NIS Jugopetrol Oil Company.

their parent

Import und Export
Magnorohm GmbH and Invest
GmbH argued that
companies were,
according to the definition in Article 1(5) of Regulation
(EC) No 1294/1999, owned by the workers and former
workers of these parent companies and that, as regards
Magnorohm's parent company, all members of
the
board and management were workers of that company.
This argument disregards, however, that a company thus
owned by its workers and former workers is a socially
owned entity and that, as a result, such company is
included in the definitions of the Governments of the
FRY and the Republic of Serbia,
irrespective of such
factors as the composition of its board, the size of the
stake in the social capital held, directly or indirectly, by
the FRY or the Republic of Serbia.

(10)

It is therefore necessary to amend the list of companies
to reflect the findings of Austria, and the requests made
by France, Germany and the United Kingdom. It should,
in view of Austria's findings,
however, be noted that,
removing the Vienna offices of
Jugobanka/Bank for
Foreign Trade and Beogradska Banka does not imply
that these banks are not included in the definitions of
the Government of the FRY and of the Government of
the Republic of Serbia.

(5) Requests

formulated in letters
from Bundesausfuhramt dated 8
and from Ministère de
September 1999 (signed Mr Pietsch)
l'Economie, des Finances et de l'Industrie dated 27 October 1999
(signed Mr Coeuré).

(6) Request

formulated in letter

from Bundesausfuhramt dated 8

September 1999 (signed Mr Pietsch).

(7) Request formulated in letter from Bank of England dated 14 July

1999 (signed Ms Leahy).

L 129/16

EN

Official Journal of the European Communities

30.5.2000

(11)

(12)

from INLIT srl (1), which
Italy transmitted a request
argued that it should be removed from Annex II. It
would, however, be inconsistent
to accede to this
request as the application shows that 80 % of the share
capital of INLIT srl is owned by Invest-Import Belgrade
and it was established that the latter is a socially owned
company included in the definitions of the Governments
of the FRY and the Republic of Serbia.

France presented a request made by Banque Franco-
Yougoslave (2) for removal from Annex II arguing that
the Banking Committee had appointed a provisional
administrator and that bank was not any longer
controlled by its shareholders. It was, however, estab-
lished that the bank continued to be owned by three
FRY banks and that Beogradska Banka alone owned
almost 50 % of the shares. In view of this, the temporary
lack of control is not sufficient to conclude that Banque
Franco-Yougoslave is not included in the definitions of
the Governments of the FRY and the Republic of Serbia.

HAS ADOPTED THIS REGULATION:

Article 1

Annex II to Regulation (EC) No 1294/1999 shall be amended
as follows:

1. the names and addresses under the heading ‘Austria’ shall be
replaced by those under the heading ‘Austria’ in the Annex
to this Regulation;

2. the names and addresses in the heading ‘France’ shall be
replaced by those under the heading ‘France’ in the Annex
to this Regulation;

3. the names and addresses in the heading ‘Germany’ shall be
in the

replaced by those under the heading ‘Germany’
Annex to this Regulation;

4. under the heading ‘United Kingdom’ shall be inserted:

‘Yusico UK Limited (03237635)’.

(13)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee referred to in Article 9 of Regulation (EC) No
1294/1999,

Article 2

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 Brussels, 29 May 2000.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

(1) Request transmitted to the Commission by letter of Ministero del
Commercio con l'Estero dated 10 November 1999 (signed Mr Teti).
(2) Request presented by fax from the Ministère de l'Economie, des
Finances et de l'Industrie dated 12 July 1999 (signed Mr Gauthier).

30.5.2000

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Official Journal of the European Communities

L 129/17

Companies, undertakings, institutions or entities owned or controlled by the Governments of the Federal
Republic of Yugoslavia or the Republic of Serbia (not located in the Federal Republic of Yugoslavia)

ANNEX

Austria

CINEX Export-Import Handelsvertretungen GmbH, Kaiserstraße 119, 1070 Vienna, Austria

COMBICK Außenhandels GmbH, Magdalenenstraße 4/10, 1060 Vienna, Austria

COMBICK CONTRACTING ENGINEERING BAU GmbH, Magdalenenstraße 4/10, 1060 Vienna, Austria

COOPEX Handels GmbH in liquidation, Pötzleindorferstraße 180/3/2, 1180 Vienna, Austria

IMPEXPRODUKT Export, Import, Handelsvertretungen GmbH, Wipplingerstraße 34/1, 1010 Vienna, Austria

INEX AG (Zweigniederlassung der INEX AG Zürich), Schottengasse 4/17, 1010 Vienna, Austria

INEX PETROL AG, Zweigniederlassung Wien in liquidation, Schottengasse 4/17, 1010 Vienna, Austria

METALL UND STAHL Handels GmbH, Zieglergasse 19, 1070 Vienna, Austria

SIMIT Handels GmbH, Kärtnerring 2/14, 1010 Vienna, Austria

YUNIVERSAL EXPORT, Import, Handeslvertretungen GmbH, Hoher Markt 1/3/5, 1010 Vienna, Austria

BANQUE FRANCO-YOUGOSLAVE, Paris, France

INVEST COMMERCE, Parc Volta, 5, rue Parmentier, 94910 Alfortville, France

RTB COPPER FRANCE, 111, avenue Victor Hugo, 75116 Paris, France

France

Germany

COMBICK Außenhandels GmbH, Sandgasse 2, 60311 Frankfurt, Germany

INVEST IMPORT UND EXPORT GmbH, Kopperstraße 18, 40549 Düsseldorf, Germany

MAGNOROHM GmbH, Neue Kräme 31, 60311 Frankfrut am Main, Germany

NAP-COMBICK ÖL GmbH, Berliner Straße 44, 60311 Frankfurt am Main 1, Germany

RTB BOR METALLE GmbH, Leugallee 108, 40545 Düsseldorf, Germany