CELEX: 51996PC0508(01)
Language: en
Date: 1996-10-16
Title: Proposal for a COUNCIL REGULATION (EC) repealing Regulations (EEC) No 990/93 and (EC) No 2471/94 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

COMMISSION OF THE EUROPEAN COMMUNITIES
                                              Brussels, 16.10.1996
                                              COM(96) 508 final
                                    Proposal for a
                          COUNCIL REGULATION (EC)
           repealing Regulations (EEC) No 990/93 and (EC) No 2471/94
        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
                                        Draft
 DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE
 MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY.
                       MEETING WITHIN THE COUNCIL
             repealing Decision 93/23 5/ECSC concerning trade between
 the European Coal and Steel Community and the Federal Republic of Yugoslavia
                              (Serbia and Montenegro)
                                        Draft
                               COMMON POSITION
defined by the Council on the basis of Article J.2 of the Treaty on European Union
       with regard to the termination of the economic and financial embargo
                         concerning the former Yugoslavia
                           (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                EXPLANATORY MEMORANDUM
The Security Council of the United Nations has decided, in its Resolution 1022 (1995)
paragraph 4, that it will terminate the embargo concerning the former Yugoslavia "on the
tenth day following the occurrence of the first free and fair elections provided for in the
Peace Agreement, provided that the Bosnian Serb forces have withdrawn from, and have
continued to respect, the zones of separation as provided in the Peace Agreement."
Elections have taken place on 14 September 1996, and the Security Council has taken the
above mentioned decision.
Accordingly, the existing Community legislation regarding the embargo of the former
Yugoslavia has to be repealed. This is the objective of the accompanying proposals for an
EC Council Regulation, an ECSC Decision and a Common Position.
The present proposals will not affect, in conformity with paragraph 7 of Resolution 1022
(1995), Council Regulation (EC) No 1733/94, dealing with the prohibition of satisfying
certain claims resulting from the embargo.
 ---pagebreak---                                          Proposal for a
                              COUNCIL REGULATION (EC)
repealing Regulations (EEC) No 990/93 and (EC) No 2471/94 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 73g and 228a thereof,
Having regard to the Common Position of              1996 defined by the Council on the basis of
Article J.2 of the Treaty on European Union, with regard to the repeal of the embargo
concerning the former Yugoslavia ');
Having regard to the proposal of the Commission,
Whereas the Security Council of the United Nations has decided, in conformity with
paragraph 4 of its Resolution 1022 (1995), to terminate the measures imposed by its
Resolutions 757 (1992), 787 (1992), 820 (1993), 942 (1994), 943 (1994), 988 (1995), 992
(1995), 1003 (1995) and 1015 (1995);
Whereas, in the circumstances, Council Regulation (EEC) No 990/93 2) and (EC) No
2471/94 3) have to be repealed,
HAS ADOPTED THIS REGULATION:
(^OJNoL....,         p...
(2) OJ No L 102, 28.4.1993, suspended by Regulation (EC) No 462/96 (OJ L 65, 15.3.96, p.l)
(3) OJ No L 266, 15.10.1994, p.l, suspended by Regulation (EC) No 462/96 (OJ L 65, 15.3.96, p.l)
                                                Z
 ---pagebreak---                                       Article 1
Regulations (EEC) No 990/93 and (EC) No 2471/94 are hereby repealed.
                                      Article 2
All assets and funds previously impounded or frozen pursuant to Regulations (EEC) No
990/93 and (EC) No 2471/94 may be released by Member States in accordance with the
law, provided that any such assets that are subject to any claims, liens, judgments, or
encumbrances, or which are the 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 the applicable law.
                                      Article 3
This Regulation shall enter into force on the day of its publication in the Official Journal
of the European Communities.
It shall apply from 4 October 1996
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels,       1996
                                              For the Council
                                              The President
 ---pagebreak---                                              Draft
    DECISION OF THE REPJNSSENTATliVES OF THE TOVERNMENTS OF THE
    MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY.
                           MEETOKr WITHIN THE COUNCIL
       repealing Decision 93/235/ECSC concerning trade between the European Coal
        and Steel Community and the Federal Republic of Yugoslavia (Serbia and
                                     Montenegro)
                                      (96/.../ECSC)
THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITfflN THE
COUNCIL,
Having regard to the Common Position of           1996 defined by the Council on the basis
of Article J.2 of the Treaty on European Union, with regard to the repeal of the embargo
concerning the former Yugoslavia l );
Whereas the Security Council of the United Nations has decided, in conformity with
paragraph 4 of its Resolution 1022 (1995), to terminate the measures imposed by its
Resolutions 757 (1992), 787 (1992), 820 (1993), 942 (1994), 943 (1994), 988 (1995),
992 (1995), 1003 (1995) and 1015 (1995);
Whereas, in the circumstances, Decision 93/235/ECSC has to be repealed;
In agreement with the Commission,
MOJL....,      1996, p....
 ---pagebreak--- HAVE DECIDED AS FOLLOWS:
                                      Article 1
Decision 93/235/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.
It shall apply from 4 October 1996.
Done at Brussels,         1996
                                                       The President
                                                 ç
 ---pagebreak---                                                   Draft
                                       COMMON POSITION
       defined by the Council on the basis of Article J.2 of the Treaty on European
Union with regard to the termination of the economic and financial embargo concerning
                                    the former Yugoslavia
                                         (96/..../CFSP)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article J.2 thereof,
Having regard to paragraph 4 of Resolution 1022 (1995) and paragraph 2 of Resolution
1074 (1996) adopted by the United Nations Security Council,
HAS DEFINED THE FOLLOWING COMMON POSITION:
                                             Article 1
The relevant restrictive measures concerning the former Yugoslavia, taken in accordance
with Resolutions 757 (1992), 787 (1992), 820 (1993), 942 (1994), 943 (1994), 988
(1995), 992 (1995), 1003 (1995) and 1015 (1995) of the United Nations Security Council
will be repealed.
                                             Article 2
This Common Position shall be published in the Official Journal.
Done at Brussels,      1996
                                                           For the Council
                                                             The President
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                            COM(96) 508 final
                                              DOCUMENTS
EN                                                                       02 11
                                    Catalogue number : CB-CO-96-512-EN-C
                                                             ISBN 92-78-10147-8
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