CELEX: 51996PC0089(02)
Language: en
Date: 1996-03-01
Title: Draft DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL suspending Decision 93/235/ECSC and repealing Decision 95/510/ECSC, concerning the interruption of economic relations with the Federal Republic of Yugoslavia (Serbia and Montenegro), the United Nations Protected Areas in the Republic of Croatia and those areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces

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                      COMMISSION OF THE EUROPEAN COMMUNITIES
                                                              Brussels, 01 03.1996
                                                              COM(%) 89 final
                                                Proposal for a
                                r o i i N i r i L REGULATION!*^
      suspending Regulation (EEC) No 990/93 and Regulation (EC) No 2471/94 and repealing
      Reflation (EC) No 2472/94 and Regulation (EC) No 2815/95, concerning the                 ^
      interruption of economic and financial relations with the Federal Republic of Yugoslavia
     (Serbia and Montenegro), the United Nations Protected Areas in the Republic of Croatia
     and those areas of the Republic of Bosnia and Herzegovina under the conirol of Bosnian
     Serb forces,
                                                   Draft
     DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE
     MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY
                            MEETING WITHIN THE COUNCIL
    suspending Decision 93/235/ECSC and repealing Decision 95/5 10/ECSC, concerning the
    interruption of economic relations with the Federal Republic of Yugoslavia (Serbia and
    Montenegro), the United Nations Protected Areas in (he Republic of Croatia and those
    areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces
                                (presented by the Commission)
 ---pagebreak---  ---pagebreak---                          EXPLANATORY MEMORANDUM
The present proposal for a Council Regulation (EC) and a draft ECSC Decision aim
primarily at the suspension of the economic and financial sanctions against the Bosnian
Serbs in accordance with resolution 1022 (1995) of the Security Council of the United
Nations. The suspension of the sanctions against the Bosnian Serb party was made
conditional by the Security Council on the withdrawal by the Bosnian Serb forces behind
the zones of separation established in the Peace Agreement The Security Council has now
been satisfied that this withdrawal has taken place.
In order to make the Community legislation as transparaît as possible for Ihe economic
operators, the present proposal integrates the provisions of Ihe existing legislation,
respectively of the European Community and of the European Coal and Steel Community-
dealing with the suspension of the major part of the sanctions with regard to the former
Socialist Federal Republic of Yugoslavia, and, for this reason provides tor the repeal of
I hat existing legislation
There is no need for a separate Common Position of the Council on the basis of Article
J.2. Common-Position 95/511/CSFP covers already the present proposals.
                                                 Z
 ---pagebreak---   COUNCIL REGULATION (EC) No ...796
  suspending Regulation (EEC) No 990/93 and Regulation (EC) No 2471/94, and repealing
  Regulation (EC) No 2472/94 and Regulation (EC) No 2815/95, concerning the
  interruption of economic and financial relations with the Federal Republic of Yugoslavia
  (Serbia and Montenegro), the United Nations Protected Areas in the Republic of Croatia
  and those areas of the Republic of Bosnia and Herzegovina under the control of Bosnian
  Serb forces,
 THE COUNCIL OF THE EUROPEAN UNION
 Having regard to the Treaty establishing the European Community, and in particular
 Articles 73 g and 228a thereof,
 Having regard to the Common Position of 4 December 1995 defined by the Council on
 the basis of Article J. 2 of the Treaty on European Union, with regard to the suspension of
 the restrictions on trade with the Federal Republic of Yugoslavia (Serbia and
 Montenegro) and with the Bosnian Serb party, decided on by the United Nations Security
 Council in its Resolution 1022 (1995) (J),
 Having regard to the proposal from the Commission,
 Whereas the United Nations Security Council, in view of the agreement reached between
 the parties concerned with regard to the Republic of Bosnia and Herzegovina, has
 decided, in its Resolution 1022 (1995) to suspend the restrictions concerning economic
 andfinancialrelations with the Federal Republic of Yugoslavia (Serbia and Montenegro),
 the United Nations Protected Areas in the Republic of Croatia and, when certain
conditions are fulfilled, those areas of the Republic of Bosnia and Herzegovina under the
control of Bosnian Serb forces;
Whereas the Security Council has been satisfied that the aforementioned conditions are
fulfilled,
Whereas the Council already adopted Regulation (EC) No 2815/95 (2), suspending
Regulation (EEC) No 990/93 (3) with regard to the Federal Republic of Yugoslavia
(Serbia and Montenegro);
Whereas, for reasons of transparency, the Community legislation, implementing resolution
 1022 (1995), should be incorporated in an all-embracing Community instrument, and,
therefore, Regulation (EC) No 2815/95 should be repealed,
HAS ADOPTED THIS REGULATION:
Article 1
 ]. Regulation (EEC) No 990/93 and Regulation (EC) 2471/94 (4 ) are hereby suspended.
(1) OJL297,9.12..1995,p.4
(2) OJL 297,9.12.1995, p. 1
<3) OJ L 102, 28.4.1993, p.14, as last amended by Regulation (EC) No 1380/95 (OJ L138, 21.6.1995, p.l)
WOJL 266, 15.10.1994, p.l
                                            3
 ---pagebreak--- 2. As long as the Regulations mentioned in paragraph 1 remain suspended, all funds and
assets previously frozen or impounded pursuant to those Regulations may be released by
Member States in accordance with law, provided that any such funds or assets that are
subject to any claims, liens, judgments, or encumbrances, or which are the funds or assets
of any person, partnership, corporation, or other entity found or deemed to be insolvent
under the law or the accounting principles prevailing in the relevant Member State, shall
remain frozen or impounded until released in accordance with applicable law.
3. Regulation (EC) 2472/94 (5 ) and Regulation (EC) No 2815/95 are hereby repealed.
Article 2
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....
For the council
The President
( 5 >OJL266, 15.10.1994, as last amended by Regulation (EEC) No 2229/95 (OJ L 227, 22.9.1995, p.l)
                                             7
 ---pagebreak--- draft
 DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE
MEMBER STATES, MEETING WITHIN THE COUNCIL,
 suspending Decision 93/235/ECSC and repealing Decision 95/510/ECSC, concerning the
 interruption of economic relations with the Federal Republic of Yugoslavia (Serbia and
 Montenegro), the United Nations Protected Areas in the Republic of Croatia and those
areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces
THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
OF I H E EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE
COUNCIL,
 I laving regard to the Common Position of 4 December 1995 defined by the Council on
the basis of Article J 2 of the Treaty on European Union, with regard to the suspension of
the restrictions on trade with the Federal Republic of Yugoslavia (Serbia and
 Montenegro) and with the Bosnian Serb Party, decided on by the United Nations Security
Council in its Resolution 1022 (1995),(" )
Whereas the United Nations Security Council, in view of the agreement reached between
the parties concerned with regard to the Republic of Bosnia and Herzegovina, has
decided, in its Resolution 1022 (1995) to suspend the restrictions concerning economic
and financial relations with the federal Republic of Yugoslavia (Serbia and Montenegro),
the United Nations Protected Areas in the Republic of Croatia and, when certain
conditions are fulfilled, those areas of the Republic of Bosnia and Herzegovina under the
control of Bosnian Serb forces;
Whereas the Security Council has been satisfied that the aforementioned conditions are
fulfilled;
Whereas Decision 95/510/1-CSQ2 ) was taken suspending Decision 93/235/ECSC (;)wifh
regard to the Federal Republic of Yugoslavia (Serbia and Montenegro),
Whereas, for reasons of transparency, the existing legislation, implementing resolution
 1022 (1995), should be incorporated in an all-embracing Community instrument, and.
therefore. Decision 95/5 10/ECSC should be icpeaUxi;
In ameement with the Commission,
0> OJL 297, 9.12.1995, p. 4
(2)OiL 297, 9.12.1995, p.3
t3 ) OJ L 102, 28.4.1993, p. 17
                                                      ^
 ---pagebreak--- HAVE DECIDED AS FOLLOWS:
Article 1
1. Decision 93/235/ECSC is hereby suspended .
2. Decision 95/510/ECSC is hereby repealed.
Article 2
This Decision shall enter into force on the day of its publication in the Official Journal of
the European Communities.
Done at
The President
                                                      G
 ---pagebreak---                                                                   ISSN 0254-1475
                                                             COM(96) 89 final
                                              DOCUMENTS
EN                                                                           11
                                     Catalogue number : CB-CO-96-094-EN-C
                                                             ISBN 92-78-01204-1
Office for Official Publications of the European Communities
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