COUNCIL REGULATION (EEC) No 990/93 of 26 April 1993 concerning trade between the European Economic  Community and the Federal Republic of Yugoslavia (Serbia and Montenegro)
THE  COUNCIL OF THE EUROPEAN COMMUNITIES,
Whereas the Community and its Member States have decided to recognize the independence of the  Republic of Bosnia-Herzegovina as of 7 April 1992;
Whereas this Republic became a Member of the United Nations as from 23 May 1992;
Whereas the prolonged direct and indirect activities of the Federal Republic of Yugoslavia (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 repeatedly expressed 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 requested the international  community to assist his country against the intervention of the Federal Republic of Yugoslavia  (Serbia and Montenegro) in the internal affairs of the Republic of Bosnia-Herzegovina;
Whereas the Bosnian Serb party has hitherto 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 Federal Republic of Yugoslavia (Serbia  and Montenegro), in particular by the transit through this Republic and by activities carried out  between this Republic and the Serb-controlled areas of Bosnia-Herzegovina and the United Nations  Protected Areas in the Republic of Croatia have to be prevented;
Whereas the United Nations Security Council, acting pursuant to Chapter VII of the Charter of the  United Nations, has adopted Resolution 820 (1993), in order to strengthen the embargo of the  Federal Republic of Yugoslavia (Serbia and Montenegro), decided upon in Resolutions 713 (1991), 757  (1992) and 787 (1992);
Whereas, under these conditions, the Community has to strengthen the embargo of the Federal  Republic of Yugoslavia (Serbia and Montenegro) as established by Council Regulations (EEC) No  1432/92  (1) and (EEC) No 2656/92  (2);
Whereas the Community and its Member States have agreed to have recourse to a Community instrument,  inter alia, in order to ensure a 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.  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 Federal Republic of Yugoslavia  (Serbia and Montenegro);
(b)  the export to, or the transit through, the Federal Republic of Yugoslavia (Serbia and  Montenegro) of all commodities and products originating in, coming from, or having transited  through the Community;
(c)  the entry into the territorial sea of the Federal Republic of Yugoslavia (Serbia and  Montenegro) by all commercial traffic;
(d)  any activity the object or effect of which is, directly or indirectly, to promote the  transactions mentioned under (a), (b) or (c);
(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.  As regards air transport and transport by sea and inland waterways respectively, the terms of  the prohibition 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 Federal Republic of Yugoslavia (Serbia and Montenegro), shall be considered, for  the purpose of this Regulation and related legislation, vessels of this Republic, regardless of the  flag under which the vessel sails.
The prohibitions of Article 1 shall not apply to:
(a)  the export from, or transit through, the Community to the Federal Republic of Yugoslavia  (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 from, or transit through, the Community to the Federal Republic of Yugoslavia  (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 Federal Republic of Yugoslavia (Serbia and Montenegro) and were  exported from this Republic before 31 May 1992 or which have entered legally for transit through  this Republic before 26 April 1993;
(d)  transits through the territory of the Federal Republic of Yugoslavia (Serbia and Montenegro)  which are authorized 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 services, 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 Federal Republic of  Yugoslavia (Serbia and Montenegro) which is authorized 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.
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, the aforementioned areas, of all commodities and products  originating in, coming from, or transiting through, the Community;
unless properly authorized by the Government of the Republic of Bosnia-Herzegovina or the  Government of the Republic of Croatia respectively.
The prohibition imposed by Article 3 shall not apply to the export to, import from, or  transit through, the areas concerned of essential humanitarian supplies, including medical supplies  and foodstuffs distributed by international humanitarian agencies.
The following activites shall be subject to prior authorization to be issued by the  competent authorities of the Member States:
(a)  exports to the Federal Republic of Yugoslavia (Serbia and Montenegro) of medical supplies,  foodstuffs and essential humanitarian supplies in accordance with Article 2 (a) and (b) of this  Regulation;
(b)  transits in accordance with Articles 2 (d) and 3;
(c)  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.
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.
The provisions of Articles 1, 3, 5 and 6 do not apply to the activities related to  Unprofor, the conference on the former Yugoslavia or the European Community Monitor Mission.
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 Federal Republic  of Yugoslavia (Serbia and Montenegro) shall be impounded by the competent authorities of the Member  States.
Expenses of impounding vessels, freight vehicles, rolling stock and aircarft may be charged to  their owners.
All vessels, freight vehicles, rolling stock, aircraft and cargos suspected of having  violated, or being in violation of, Regulation (EEC) No 1432/92 or this Regulation shall be  detained by the competent authorities of the Member States pending investigations.
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Each Member State shall determine the sanctions to be imposed where the provisions of  this Decision are infringed.
Where it has been ascertained that vessels, freight vehicles, rolling stock, aircraft and cargos  have violated this Regulation, they may be forfeited to the Member State whose competent  authorities have impounded or detained them.
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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.
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Regulations (EEC) No 1432/92, (EEC) No 2656/92 and (EEC) No 2655/92 are hereby  repealed.
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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.