CELEX: 51992PC0504(02)
Language: en
Date: 1992-11-26
Title: Draft DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL amending Decision 92/285/ECSC prohibiting trade between the European Coal and Steel Community and the Republics of Serbia and Montenegro

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(92) 504 final
                                                   Brussels,26 November 1992
                                    Proposal for a
                               COUNCIL REGULATION (EEC)
•-J,
       amending Regulation (EEC) N" 1432/92 prohibiting trade between the
       European Economic Community and the Republics of Serbia and Montenegro
                                          Draft
        DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
                       OF THE EUROPEAN COAL AND STEEL COMMUNITY.
                               MEETING WITHIN THE COUNCIL
       amending Declelon 92/285/ECSC prohibiting trade between the European Coal
       and Steel Community and the Republics of Serbia and Montenegro.
                             (presented by the Commission)
 ---pagebreak---                                     y<c_
                          EXPLANATORY MEMORANDUM
The United Nations Security Council, acting under Chapter VII of the
Charter of the United Nations, has adopted Resolution 787(1992) in order
to strengthen the application of the embargo on the Republics of Serbia
and Montenegro. To this effect, this Resolution calls for the prohibition
of the transhipment through the Republics of Serbia and Montenegro of a
number of sensitive or strategic products unless such transhipment is
specifically authorized by the Committee established by Resolution
724(1991) under its no objection procedure.
The attached proposed Regulation (EEC) and Decision (ECSC) are intended
to bring legislation into force in the Community in accordance with the
provisions of the Security Council Resolution.
 ---pagebreak---                                     - 2 -
                                PROPOSAL FOR
                      COUNCIL REGULATION (EEC) N
                                Of
 amending Regulation (EEC) N' 1432/92 prohibiting trade between the
 European Economic Community and the Republics of Serbia and Montenegro.
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,
 Whereas the Council adopted on 1 June 1992 Regulation (EEC)
 N* 1432/92 prohibiting trade between the European Economic Community and
 the Republics of Serbia and Montenegro^), as amended by Regulation
 (EEC) N- 2015/92(2);
Whereas it is of utmost importance to strengthen the application of the
embargo on the Republics of Serbia and Montenegro;
Whereas to this effect, the United Nations Security Council, acting under
Chapter VII of the Charter of the United Nations, has adopted
Resolution 787 (1992) providing, inter alia, for a prohibition of
transhipment of certain products through the Republics of Serbia and
Montenegro, unless certain conditions are met, and for the conditions
under which, in certain circumstances, vessels are to be considered
vessels of the Republics of Serbia and Montenegro;
Whereas in these circumstances, it is necessary to amend Regulation (EEC)
N* 1432/92 accordingly;
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
(1) O.J. N* L 151, 3.6.1992, p.4.
(2) O.J. N' L 205, 22.7.1992, p.2.
 ---pagebreak---                                      - 3 -
 HAS ADOPTED THIS REGULATION;
                                   Article 1
 Regulation (EEC) NT 1432/92 is modified as follows;
 1.  The last sentence of Article 1 is replaced by the .ollowing:
      "The terms of the prohibition on air transport services are defined
      in Annex 1.
     The conditions under which, in certain circumstances, vessels are to
     be considered vessels of the Republics of Serbia and Montenegro are
     defined in Annex 2."
2.   The following Article 2 bis shall be inserted:
                    "Article 2 bis
     Notwithstanding the provisions of Article 2(d), the transhipment of
     crude oil, petroleum products, natural gas, energy related equipment,
    metals, chemicals, rubber, tyres, vehicles, aircraft and motors of
     all types, is prohibited, unless such transhipment is specifically
     authorised on a case-by-case basis by the Committee established by
    United Nations Security Council Resolution 724 (1991) under its
     'no object ion' procedure."
3.  The Annex is replaced by the following:
                                   "Annex 1
    Permission shall be denied to any aircraft to take off from, land in
    or overfly the territory of the Community if it is destined to land
    in or has taken off from the territory of the Republics of Serbia and
    Montenegro, unless the particular flight has been approved, for
    humanitarian or other purposes consistent with the relevant
    resolutions of the United Nations Security Council, by the Committee
    established by the Security Council Resolution 724 (1991).
 ---pagebreak---                                     - 4 -
                                   Annex 2
    Any vessel in which a majority or controlling interest is held by a
     person or undertaking in, or operating from, the Republics of Serbia
    and Montenegro shall be considered, for the purpose of implementation
    of Regulation (EEC) N' 1432/92 and related legislation, a vessel of
     the Republics of Serbia and Montenegro, regardless of the flag under
    wh i ch t he vesseI sails."
                                 Article 2
This Regulation shall enter into force on the day of its publication in
the Official Journal of the European Communities. It shall be applicable
from the 17 November 1992.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.
Done at
                              For the CounciI
 ---pagebreak---                                      - 5 -
                                 PROPOSAL FOR
 DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
 MEETING WITHIN THE COUNCIL
 Of
 amending Decision 92/285/ECSC prohibiting trade betwc   . the European Coal
 and Steel Community and the Republics of Serbia and Montenegro.
 THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE
 EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL,
Whereas the Representatives of the governments of the Member States of
 the European Coal and Steel Community (ECSC) meeting within the Council
 adopted on 1 June 1992 Decision 92/285/ECSC prohibiting trade between the
 European Coal and steel Community and the Republics of Serbs i and
Montenegro^ 1 ), as amended for the last time by Decision 92/3t8/ECSE (2) ;
Whereas it is of utmost importance to strengthen the application of the
embargo on the Republics of Serbia and Montenegro;
Whereas to this effect, the United Nations Security Council, acting under
Chapter VII of the Charter of the United Nations, has adopted Resolution
787 (1992) providing, inter alia, for a prohibition of transhipment of
certain products through the Republics of Serbia and Montenegro, unless
certain conditions are met;
Whereas in these circumstances, it is necessary to amend Decision
92/285/ECSC accordingly;
In agreement with the Commission ;
(1) O.J. N' L 151, 3.6.1992, p.20.
(2) O.J. N* L 205, 22.7.1992, p.5.
 ---pagebreak---                                     - 6 -
 HAS DECIDED AS FOLLOWS :
                                 Article 1
 Article 2(c) of Decision 92/285/ECSC is modified to read as follows:
 "c) the transhipment through the Republics of Serbia and Montenegro of
     commodities and products covered by the ECSC Treaty originating
     outside the Republics of Serbia and Montenegro and temporarily
     present in the territory of those Republics only for the purpose of
     such transhipment, provided that such transhipment is specifically
     authorised on a case-by-case basis by the Committee established by
     United Nations Security Council Resolution 724 (1991) under its
     'no objection' procedure;"
                                 Article 2
This Decision shall enter into force on the day of its publication in the
Official Journal of the European Communities. It shall be applicable from
the 17 November 1992.
Done at
 ---pagebreak---  ---pagebreak---                                                                       ISSN 0254-1475
                                                               COM(92) 504 final
                                                      DOCUMENTS
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                                 Catalogue number : CB-CO-92-521-EN-C
                                                             ISBN 92-77-50007-7
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