CELEX: 51993PC0173
Language: en
Date: 1993-04-21
Title: Proposal for a COUNCIL REGULATION (EEC) concerning trade between the European Economic Community and the Republics of Serbia and Montenegro

COMMISSION OF THE EUROPEAN COMMUNITIES
                                               C0M(93) 173 final
                                               Brussels, 21 Apr i I 1993
                                      Draft
          DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS
            OF THE MEMBER STATES MEETING WITHIN THE COUNCIL
    concerning trade between the European Coal and Steel Community
              and the Republics of Serbia and Montenegro,
                              Proposal for a
                       TOiiwiu qffim A T I Q N  fEEC)
       concerning trade between the European Economic Community
              and the Republics of Serbia and Montenegro,
                      (prer.finteri by the Commission)
 ---pagebreak---                              EXPLANATORY NOTE
The United Nations Security Council has adopted Resolution 820(1993)
which, inter alia, obliges the Member States of the United Nations to
strengthen the existing embargo of the Republics of Serbia and
Montenegro, in particular, by further limiting and improved monitoring of
transshipments through these Republics and controlling of exports to,
imports from and transshipments through Serb controlled areas in the
Republic of Croatia and the Republic of Bosnia Herzegovina.
The Security Council, furthermore, enables Member States of the United
Nations to impound, detain and possibly forfeit transport means and
cargos that are suspected of or found to be violating the embargo.
The present proposals of the Commission for an EEC Regulation and an ECSC
Decision aim at an integration of the provisions of UNSC Resolution
820(1993) in texts that consolidate, at the same time, the existing EEC
Regulations and ECSC Decisions and their amendments with regard to the
embargo of the Republics of Serbia and Montenegro.
                                                                          a
 ---pagebreak---                                       Draft
             DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS
               OF THE MEMBER STATES MEETING WITHIN THE COUNCIL
                                Of  April 1993
       concerning trade between 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 Community and its Member States have decided to recognise the
 independence of the Republic of Bosnia Herzegovina as of 7 April 1992;
Whereas this Republic has become a Member of the United Nations as of 23
May 1992;
Whereas the prolonged direct and indirect activities of the Republics of
Serbia and Montenegro in and with regard to the Republic of Bosnia
Herzegovina are the main cause for the dramatic developments in the
Republic of Bosnia Herzegovina;
Whereas a continuation of these activities will lead to further
unacceptable loss of human life and material damage, and to a further
breach of international peace and security in the region;
Whereas the United Nations Security Council has expressed, repeatedly,
 its serious concern about the rapid and violent deterioration of the
situation in the Republic of Bosnia Herzegovina;
Whereas the President of the Republic of Bosnia Herzegovina has aslced the
international community to assist his country against the intervention of
the Republics of Serbia and Montenegro in the internal affairs of the
RepubIi c of Bosn i a Herzegovi na;
Whereas the Bosnian Serb party has up till now not accepted in full the
peace plan of the International Conference on the Former Yugoslavia in
spite of appeals by the Security Council;
 ---pagebreak---                                       - 11 -
Whereas the Community and its Member States, meeting within the framework
of political cooperation, have decided that measures have to be taken to
dissuade the Republics of Serbia and Montenegro from further             violating
 the integrity and security of the Republic of Bosnia Herzegovina and to
 induce the Bosnian Serb party to cooperate in the restoration of peace in
this Republic;
Whereas further violations of the existing embargo on the Republics of
Serbia   and   Montenegro    in  particular    by   the  transit   through   these
Republics and by activities carried out between these Republics and the
Serb-controlled areas      in the Republic of Croatia       and  the Republic of
Bosnia Herzegovina have to be prevented;
Whereas the United Nations Security Council, acting under Chapter VII of
the Charter of the United Nations, has adopted Resolution 820(1993), in
order   to   strengthen    the  embargo    of   the   Republics   of  Serbia   and
Montenegro,    decided    upon   in   Resolutions    713(1991),    752(1992)   and
787(1992);
Whereas   under   these   conditions   the   Community   has  to  strengthen   the
embargo of    the Republics of     Serbia   and Montenegro, as established      by
                        1                    2
Decisions 92/285/ECSC > and 92/470/ECSC >;
Whereas the Community and its Member States have agreed to have recourse
to a Community     instrument,   inter   alia   in order   to ensure   an uniform
implementation throughout the Community of certain of these measures;
In agreement with the Commission,
1)  OJ N* L151 of 3.6.1992, p.20, for the last time amended by Decision
    92/555/ECSC (OJ N* L358 of 8.12.1992, p.18)
2)  OJ N' L266 of 12.9.1992, p.29, for the last time amended by Decision
    93/8/ECSC (OJ N- L7 of 13.1.1993, p.11)
                                                                                   h
 ---pagebreak---                                    - 12 -
HAVE DECIDED AS FOLLOWS:
Article 1
   As from 26 April 1993, the following shall be prohibited:
   (a) the    introduction  into the territory of the Community of all
        commodities and products originating in, coming from or having
         transited through the Republics of Serbia and Montenegro;
   (b) the export to or the transit through the Republics of Serbia and
        Montenegro of all commodities and products originating in, coming
        from or having transited through the Community;
   (c) the entering into the territorial sea of the Republics of Serbia
        and Montenegro by all commercial traffic;
   (d) any    activity   whose  object  or  effect   it   is,  directly or
         indirectiy, to promote the transactions mentioned under (a), (b)
        or (c) above;
Article 2
   The prohibitions of Article 1 shall not apply to:
   (a) the export or transit through the Community to the Republics of
        Serbia and Montenegro of essential humanitarian supplies, which
        are approved on a case-by-case basis under      its 'no objection'
        procedure by the Committee established pursuant to Resolution
        724(1991) of the United Nations Security Council;
   (b)  the   introduction   into  the  territory  of   the   Community of
        commodities and products which originate in or come from the
        Republics of Serbia and Montenegro and were exported from these
        Republics before 31 May 1992 or which are dispatched or transited
        through these Republics before 26 April 1993;
                                                                           <r
 ---pagebreak---                                       - 13 -
    (c)  transits through    the territory of      the Republics of Serbia and
        Montenegro    which   are  authorised     by    the  said   Committee,    and
        provided   that,   in case of     transit on     the Danube, each vessel
         involved is subjected to effective monitoring while passing along
        the Danube between Vidin/Calafat and Mohacs;
    (d) the entering by commercial maritime traffic of the territorial
        sea of the Republics of Serbia and Montenegro which is authorised
        on   a   case-by-case    basis    by   the    said    Committee   or    which
        constitutes a case of force majeure-,
    (e) any activity whose object or effect          is, directly or     indirectly,
        to promote the activities mentioned under this article;
Article 3
   As from 26 April 1993 the following shall be prohibited:
   (a)  the   introduction   into the     territory    of   the  Community   of   all
        commodities and products originating          in, coming from or having
        transited   through    the  United   Nations     Protected   Areas    in  the
        Republic of Croatia and those areas of the Republic of Bosnia
        Herzegovina under the control of Bosnian Serb forces;
   (b)  the export to or transit through these areas of all commodities
        and  products originating       in, coming     from   or  having   transited
        through the Community;
   unless properly authorised by the Government of the Republic of Bosnia
   Herzegovina or the Government of the Republic of Croatia respectively.
Article 4
   The prohibition of Article 3 shall not apply to the export to, import
   from  or  transit   through   the   said  areas of     essential    humanitarian
   supplies,   including medical     supplies and     foodstuffs    distributed by
   international humanitarian agencies.
                                                                                      c
 ---pagebreak---                                        - 14 -
Article 5
    The following activities shall be subject to prior authorisation to be
    issued by the competent authorities of the Member States:
    (a)   Exports to the Republics of Serbia and Montenegro of commodities
         and products for essential       humanitarian supplies     in accordance
         with Article 2 (a) of this Decision;
    (b)   transits in accordance with Articles 2 and 3 of this Decision;
    (c)   the exports   to and    imports  from  the United   Nations    Protected
         Areas in the Republic of Croatia and those areas of the Republic
         of Bosnia Herzegovina under the control of Bosnian Serb forces in
         accordance with Article 3 of this Decision.
Article 6
   Article    1  shall   apply  notwithstanding    any   rights  or   obligations
   conferred or    imposed by any     international agreement or any contract
   entered into or any licence granted before 31 May 1992.
Article 7
   The   provisions   of   Articles   1,  3,  5  and  6   do not  apply    to  the
   activities related to Unprofor, the conference on Yugoslavia or the
   European Community Monitor Mission.
Article 8
   All vessels, freight vehicles, rolling stock and aircraft           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
   impounded by the competent authorities of the Member States.
   Expenses of    impounding vessels, freight     vehicles, rolling stock and
   aircraft may be charged to their owners.
                                                                                   7
 ---pagebreak---                                      - 15 -
Article 9
   All   vessels, freight    vehicles, rolling    stock, aircraft     and  cargos
    suspected  of   having  violated   or   being   in  violation   of   Decision
   92/285/ECSC   or   this  Decision   shall   be  detained  by   the   competent
   authorities of the Member States pending investigations.
Article 10
   Each Member State shall determine the sanctions to be           imposed where
    the provisions of this Decision are infringed.
   Where a determination has been made that vessels, freight vehicles,
   rolling stock, aircraft and cargos have been in violation of Decision
   92/285/ECSC or this Decision they may be forfeited to the Member State
   whose competent authorities have impounded or detained them.
Article 11
   The Commission shall take the necessary measures with regard to the
    implementation of this Decision.
   The   Commission   shall  be  assisted   by  a  committee  composed    of  the
   representatives of the Member States and chaired by the representative
   of the Commission.
   The Committee shall be called the 'ECSC Sanctions Committee'.
   The representative of the Commission shall submit to the Committee a
   draft of the measures to be taken. The Committee shall deliver             its
   opinion on the draft within a time limit which the chairman may lay
   down according    to the urgency of the matter. The opinion          shall  be
   delivered by the majority laid down in Article 148(2) of the Treaty in
   the case of decisions which the Council         is required   to adopt on a
   proposal from the Commission. The votes of the representatives of the
   Member States within the Committee shall be weighted in the manner set
   out in that Article. The chairman shall not vote.
                                                                                  Y
 ---pagebreak---                                       - 16 -
   The Commission shall      adopt measures which shall        apply   immediately.
    However, if these measures are not in accordance with the opinion of
    the Committee, they shall be communicated          by the Commission     to the
   Council    forthwith.    In   that   event     the   Commission   shall    defer
   application of the measures which it has decided upon for a period of
    15 days.
   The Council, acting by a qualified majority, may              take a different
   decision within the time limit referred to in the previous paragraph.
Article 12
   This   Decision   shall  apply  within    the   territory   of  the Community,
    including  its air    space  and   in any    aircraft   or  vessel   under  the
   Jurisdiction of a Member State, and to any person elsewhere who is a
   national   of   a   Member   State    and   any    body   elsewhere   which   is
    incorporated or constituted under the law of a Member State.
Article 13
   Decision 92/285/ECSC and Decision 92/470/ECSC are hereby repealed.
Article 14
   This Decision shall enter into force on the day of its publication in
   the Official Journal of the European Communities.
Done at Brussels
The President
 ---pagebreak---                    proposal for a
                     COUNCIL REGULATION (EEC) N*     /93
                               of   April 1993
          concerning trade between the European Economic Community
                 and the Republics of Serbia and Montenegro,
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Whereas the Community and its Member States have decided to recognise the
 independence of the Republic of Bosnia Herzegovina as of 7 April 1992;
Whereas this Republic has become a Member of the United Nations as of 23
May 1992;
Whereas the prolonged direct and indirect activities of the Republics of
Serbia and Montenegro in and with regard to the Republic of Bosnia
Herzegovina are the main cause for the dramatic developments in the
Republic of Bosnia Herzegovina;
Whereas a continuation of these activities will lead to further
unacceptable loss of human life and material damage, and to a further
breach of international peace and security in the region;
Whereas the United Nations Security Council has expressed, repeatedly,
its serious concern about the rapid and violent deterioration of the
situation in the Republic of Bosnia Herzegovina;
Whereas the President of the Republic of Bosnia Herzegovina has asked the
international community to assist his country against the intervention of
the Republics of Serbia and Montenegro in the internal affairs of the
Republic of Bosnia Herzegovina;
                                                                          AJO
 ---pagebreak---                                        - 3 -
Whereas the Bosnian Serb party has up till now not accepted            in full the
peace plan of the      international Conference on the Former Yugoslavia in
spite of appeals thereto by the Security Council;
Whereas the Community and its Member States, meeting within the framework
of political cooperation, have decided that measures have to be taken to
dissuade the Republics of Serbia and Montenegro from further violating
the integrity and security of the Republic of Bosnia Herzegovina and to
 induce the Bosnian Serb party to cooperate in the restoration of peace in
this Republic;
Whereas further violations of the existing embargo on the Republics of
Serbia    and   Montenegro   in  particular   by   the   transit    through   these
Republics and by activities carried out between these Republics and the
Serb-controlled     areas  in the Republic of Croatia       and  the Republic of
Bosnia Herzegovina have to be prevented;
Whereas the United Nations Security Council, acting under Chapter VII of
the Charter of the United Nations, has adopted Resolution 820(1993), in
order    to   strengthen   the  embargo    of  the   Republics    of   Serbia   and
Montenegro,     decided   upon   in  Resolutions    713(1991),     752(1992)    and
787(1992);
Whereas    under   these  conditions   the  Community   has   to   strengthen   the
embargo of     the Republics of Serbia and Montenegro, as established            by
Council Regulations (EEC) 1432/921>, and 2656/922>;
Whereas the Community and its Member States have agreed to have recourse
to a Community      instrument,  inter   alia  in order   to ensure    an uniform
implementation throughout the Community of certain of these measures;
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)  OJ N' L151 of 3.6.1992, p.4, for the last time amended by Regulation
     (EEC) N' 3534/92 (OJ N* L358 Of 8.12.1992, p.16)
2)  OJ N- L266 of 12.9.1992, p.27, for the last time amended by
     Regulation (EEC) N' 40/93 (OJ N* L7 of 13.1.1993, p.1)
                                                                                    /»/
 ---pagebreak---                                       - 4 -
HAS ADOPTED THIS REGULATION:
Article 1
(1) As from 26 April 1993, the following shall be prohibited:
   (a)  the   introduction   into   the  territory    of  the   Community   of  all
        commodities and products originating         in, coming from or having
        transited through the Republics of Serbia and Montenegro;
   (b)  the export to or the transit through the Republics of Serbia and
        Montenegro of all commodities and products originating in, coming
        from or having transited through the Community;
   (c)  the entering into the territorial sea of the Republics of Serbia
        and Montenegro by all commercial traffic;
   (d)  any   activity   whose    object   or   effect     it   is,   directly   or
         indirectly, to promote the transactions mentioned under (a), (b)
        or (c) above;
   (e)  the provision of non-financial services to any person or body for
        purposes of any business carried out        in the Republics of Serbia
        and Montenegro;
(2) The terms of the prohibition on transport services are as follows:
   (a)  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.
   (b)  Vessels, 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
        this   Regulation   and   related   legislation,     a  vessel   of   these
        Republics, regardless of the flag under which the vessel sails.
                                                                                    41
 ---pagebreak---                                      - 5 -
Article 2
   The prohibitions of Article 1 shall not apply to:
    (a) the export or transit through the Community to the Republics of
        Serbia    and  Montenegro   of   medical    supplies    and  foodstuffs,
        notified    to the Committee established pursuant          to Resolution
        724(1991) of the United Nations Security Council;
   (b) the export or transit through the Community to the Republics of
        Serbia and Montenegro of essential humanitarian supplies, which
        are approved on a case-by-case basis under           its 'no objection'
        procedure by the said Committee;
   (c) the     introduction   into  the   territory     of   the   Community  of
        commodities and products which originate in or come from the
        Republics of Serbia and Montenegro and were exported from these
        Republics before 31 May 1992 or which are dispatched or transited
        through these Republics before 26 April 1993;
   (d) transits through the territory of the Republics of Serbia and
        Montenegro which     are authorised     by  the said     Committee, and
        provided that, in case of transit on the Danube, each vessel
         involved is subjected to effective monitoring while passing along
        the Danube between Vidin/Calafat and Mohacs;
   (e) telecommunications, postal      and   legal services consistent with
        this Regulation, and services, whose supply may be necessary for
        humanitarian or other exceptional purposes and which are approved
        on a case-by-case basis by the said Committee;
   (f)  the entering by commercial maritime traffic of the territorial
        sea of the Republics of Serbia and Montenegro which is authorised
        on   a   case-by-case   basis  by   the    said    Committee   or  which
        constitutes a case of force majeure;
   (g) any activity whose object or effect is, directly or indirectly,
        to promote the activities mentioned under this article;
                                                                                 /?'
 ---pagebreak---                                   -- 6 -
Article 3
   As from 26 April 1993 the following shall be prohibited:
   (a) the    introduction  into the territory of the Community of all
        commodities and products originating in, coming from or having
         transited  through  the United Nations Protected   Areas  in the
        Republic of Croatia and those areas of the Republic of Bosnia
        Herzegovina under the control of Bosnian Serb forces;
   (b) the export to or transit through these areas of all commodities
        and products originating     in, coming from or having transited
         through the Community;
   unless properly authorised by the Government of the Republic of Bosnia
   Herzegovina or the Government of the Republic of Croatia respectively.
Article 4
   The prohibition of Article 3 shall not apply to the export to, import
   from or transit through the said areas of essential humanitarian
   supplies, including medical supplies and foodstuffs distributed by
   international humanitarian agencies.
Article S
   The following activities shall be subject to prior authorisation to be
   issued by the competent authorities of the Member States:
   (a) Exports to the Republics of Serbia and Montenegro of commodities
        and   products  for medical   purposes, foodstuffs and essential
        humanitarian supplies in accordance with Article 2 (a) and (b) of
        this Régulât ion;
   (b) transits    in accordance   with  Articles  2 (d) and  3 of   this
        Regulation;
                                                                          <fy
 ---pagebreak---                                       - 7 -
    (c)  the exports    to and   imports from   the United    Nations   Protected
         Areas in the Republic of Croatia and those areas of the Republic
         of Bosnia Herzegovina under the control of Bosnian Serb forces in
         accordance with Article 3 of this Regulation.
Article 6
   Article   1   shall   apply  notwithstanding    any   rights  or  obligations
   conferred or    imposed by any    international agreement or any contract
   entered into or any licence granted before 31 May 1992.
Article 7
   The  provisions    of   Articles  1,  3,  5  and   6   do not  apply   to  the
   activities related to Unprofor, the conference on Yugoslavia or the
   European Community Monitor Mission.
Article 8
   Ail vessels, freight vehicles, rolling stock and aircraft          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
   impounded by the competent authorities of the Member States.
   Expenses of    impounding vessels, freight vehicles, rolling stock and
   aircraft may be charged to their owners.
Article 9
   All  vessels, freight     vehicles, rolling    stock, aircraft    and   cargos
   suspected   of  having   violated or being    in violation of    Regulations
   (EEC) 1432/92 or this Regulation shall be detained by the competent
   authorities of the Member states pending investigations.
                                                                                  <?•>-
 ---pagebreak---                                    — 8 -
Article 10
   Each Member State shall determine the sanctions to be imposed where
    the provisions of this Regulation are infringed.
   Where a determination has been made that vessels, freight vehicles,
   rolling   stock,  aircraft  and   cargos  have  been   in violation  of
   Regulations (EEC) 1432/92 or this Regulation they may be forfeited to
   the Member    State  whose  competent  authorities   have  impounded or
   detained them.
Article 11
   The Commission shall take the necessary measures with regard to the
    implementation of this Regulation.
   The Commission shall be assisted by a committee composed of the
   representatives of the Member States and chaired by the representative
   of the Commission.
   The Committee shall be called the 'EEC Sanctions Committee'.
   The representative of the Commission shall submit to the Committee a
   draft of the measures to be taken. The Committee shall deliver its
   opinion on the draft within a time limit which the chairman may lay
   down according to the urgency of the matter. The opinion shall be
   delivered by the majority laid down in Article 148(2) of the Treaty in
   the case of decisions which the Council      is required to adopt on a
   proposal from the Commission. The votes of the representatives of the
   Member States within the Committee shall be weighted in the manner set
   out in that Article. The chairman shall not vote.
                                                                           M
 ---pagebreak---                                       - 9 -
   The Commission shall      adopt measures which shall       apply   immediately.
   However, If these measures are not in accordance with the opinion of
    the Committee, they shall be communicated by the Commission to the
   Council    forthwith.    In   that   event    the   Commission    shall   defer
   application of the measures which it has decided upon for a period of
   15 days.
   The Council, acting     by a qualified majority, may         take a different
   decision within the time limit referred to in the previous paragraph.
Article 12
   This Regulation shall apply within the territory of             the Community,
    including   its air  space   and   in any   aircraft   or  vessel   under  the
   Jurisdiction of a Member State, and to any person elsewhere who is a
   national   of   a  Member    State    and  any    body   elsewhere   which   is
   incorporated or constituted under the law of a Member State.
Article 13
   Regulations (EEC) 1432/92, 2656/92 and 2655/92 are hereby repealed.
Article 14
   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 Courte il
The Président
                                                                                   ,n
 ---pagebreak---  ---pagebreak---                                                                       ISSN 0254-1475
                                                               COM(93) 173 final
                                                       DOCUMENTS
EN                                                                               11
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