Council Regulation (EC) No 2111/1999 of 4 October 1999 prohibiting the sale and supply of petroleum and certain petroleum products to certain parts of the Federal Republic of Yugoslavia (FRY) and repealing Regulation (EC) No 900/1999
L 258/12 EN Official Journal of the European Communities 5. 10. 1999 COUNCIL REGULATION (EC) No 2111/1999 of 4 October 1999 prohibiting the sale and supply of petroleum and certain petroleum products to certain parts of the Federal Republic of Yugoslavia (FRY) and repealing Regulation (EC) No 900/1999 THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 301 thereof, 1999, amending September Having regard to Council Common Position 1999/604/CFSP of 3 Position 1999/273/CFSP concerning a ban on the supply and sale of petroleum and petroleum products to the Federal Republic of Yugoslavia (FRY), and Common Position 1999/318/CFSP concerning additional restrictive measures against the Federal Republic of Yugoslavia (1) Common (5) (6) (7) The developments with regard to the FRY permit a partial lifting of the embargo imposed by Regulation (EC) No 900/1999; Such partial lifting should not prejudice the remaining applicability of Regulation (EC) No 900/1999 with regard to the FRY; For reasons of transparency and simplicity, the provi- sions of Regulation (EC) No 900/1999 should be incor- porated in this Regulation, and that Regulation should be repealed, Having regard to the proposal from the Commission, HAS ADOPTED THIS REGULATION: Whereas: (1) (2) (3) (4) The Government of the Federal Republic of Yugoslavia (‘FRY’) has continued to violate United Nations Security Council Resolutions and to pursue extreme and crim- inally irresponsible policies, including repression against its own citizens, which constitute serious violations of human rights and international humanitarian law, and Common Position 1999/273/CFSP (2) provided that the supply and sale of petroleum and petroleum products to the FRY should be prohibited; however, Council Common Position 1999/604/CFSP provides that that prohibition should not apply to the sale and supply of such products to the Province of Kosovo and the Republic of Montenegro; The prohibition of selling, supplying or exporting petro- leum and petroleum products to the FRY falls within the scope European Community; the Treaty establishing the of Therefore, and particularly with a view to avoiding distortion of competition, Community legislation is necessary for the implementation of this prohibition as far as the territory of the Community is concerned; for the purposes of this Regulation such territory is deemed to encompass the territories of the Member States to which the Treaty establishing the European Community is applicable, under the conditions laid down in that Treaty; To that end the Council adopted on 29 April 1999 a Regulation (EC) No 900/1999 prohibiting the sale and supply of petroleum and certain petroleum products to the Federal Republic of Yugoslavia (FRY) (3) (1) OJ L 236, 7. 9. 1999, p. 1. (2) OJ L 108, 27. 4. 1999, p. 1. (3) OJ L 114, 1. 5. 1999, p. 7. Article 1 It shall be prohibited, knowingly and intentionally, to: (a) sell, supply or export, directly or indirectly, petroleum and petroleum products listed in Annex I, whether or not originating in the Community, to any person or body in the FRY or to any person or body for the purpose of any business carried on in, or operated from, the territory of the FRY; (b) ship products referred to in point (a) to the territory of the FRY; (c) participate in related activities the object or the effect of which is to promote the transactions or activities referred to in points (a) and (b). Article 2 Notwithstanding 1. competent authorities may authorise: the provisions of Article 1, the (a) the sale, supply, export or shipment of products listed in Annex I for the use of diplomatic and consular missions of the Member States in the FRY as well as for the use of an international military peace-keeping presence; (b) on a case-by-case basis and subject to the consultation procedure set out in paragraph 2, the sale, supply or export of the products listed in Annex I if conclusive evidence is given to these authorities that the sale, supply or export serves strictly humanitarian purposes. The competent authorities of a Member State which 2. intend to authorise a sale, supply or export in accordance with paragraph 1(b) shall notify to the competent authorities of the other Member States and to the Commission the grounds on which they intend to authorise the sale, supply or export concerned. 5. 10. 1999 EN Official Journal of the European Communities L 258/13 If, within one working day after the receipt of the said noti- fication, a Member State or the Commission has given notice to the other Member States or the Commission of conclusive evidence that the intended sale, supply or export will not serve the indicated humanitarian purposes, the Commission will convene within one working day of the said notice a meeting with the Member States in order to consult on the relevant evidence. The Member State which intends to authorise the sale, supply or export shall take a decision with regard to this authorisation only when no objections have been raised or after the consulta- tions on the conclusive evidence have taken place at the meeting convened by the Commission. In case of an author- isation, the Member State concerned shall notify to the other Member States and the Commission the grounds on which its decision to authorise has been taken. Article 3 Notwithstanding the provisions of Article 1, the 1. competent authorities may authorise the sale, supply or export, directly or indirectly, of petroleum and petroleum products listed in Annex I to any person or body for the purpose of any business carried on in, or operated from, the territory of the Federal Republic of Yugoslavia, and the shipment to the terri- tory of the Federal Republic of Yugoslavia, provided that conclusive evidence is presented to these authorities that: (a) the petroleum and petroleum products sold, supplied or exported are shipped from the Community to the Republic of Montenegro or the Province of Kosovo without transiting through other parts of the Republic of Serbia; and (b) the petroleum and petroleum products shall not leave the territory of the Republic of Montenegro or the Province of Kosovo for any destination elsewhere in the Republic of Serbia. Any authorisation should be made in accordance with the model set out in Annex II. 2. A declaration by the relevant bodies designated by the Special Representative of the United Nations Secretary General for the Province of Kosovo or by the competent authorities of the Republic of Montenegro listed in Annex III, in accordance with the model set out in Annex IV, shall be conclusive evidence for the purpose of any authorisation pursuant to paragraph 1. 3. With regard to each territory concerned and until such time as the names and addresses of its relevant body or competent authority to be listed in Annex III will have been published in the Official Journal of the European Communities, a competent authority of a Member State shall not grant a prior authorisation before it has requested the competent authorities of the other Member States and the Commission to give their comments on the evidence presented, which, if any, shall be given within a period of five working days after sending the request. After these five days and on the basis of the comments received or any other information obtained in the meantime, the competent authority concerned shall take a decision in respect of the granting of an authorisation, and notify the Commission and the other Member States of this decision. Article 4 Article 1 shall not apply as regards sales, supplies, exports or shipments to the forces in which the Member States participate, operating in the FRY. Article 5 Each Member State shall determine the sanctions to be imposed where the provisions of this Regulation are infringed. Such sanctions shall be effective, proportionate and dissuasive. Pending the adoption, where necessary, of any legislation to this end, the sanctions to be imposed where the provisions of this Regulation are infringed shall be those determined by the Member States in accordance with Article 5 of Council Regula- tion (EC) No 926/98 of 27 April 1998 concerning the reduc- tion of certain economic relations with the Federal Republic of Yugoslavia (1). Article 6 The Commission and the Member States shall inform each other of the measures taken under this Regulation and shall supply each other with other relevant information at their disposal in connection with this Regulation, such as violation and enforcement problems or judgments handed down by national courts. Member States shall notify the competent authorities of other Member States and the Commission of any authorisations for sale, supply, or export or shipment granted in accordance with Article 3(1). Article 7 The Commission shall establish the list of competent authori- ties referred to in Articles 2 and 3(1) on the basis of relevant information provided by the Member States. The Commission shall publish this list and any changes to it in the Official Journal of the European Communities. The Commission shall establish and, if necessary, amend the list of competent authorities of the Republic of Montenegro referred to in Article 3(2). The Commission shall establish and, if necessary, amend the list of relevant bodies designated by the Special Representative of the United Nations Secretary-General for the Province of Kosovo referred to in Article 3(2). The Commission shall amend if necessary the models of prior authorisation and prior final destination declaration referred to Article 3(1) and (2). The Commission shall publish any changes the to this list and these models in the Official European Communities. Journal of Article 8 Regulation (EC) No 900/1999 is hereby repealed and replaced by the provisions of this Regulation. Any reference to Articles of that Regulation shall be construed as reference to the cor- responding Article of this Regulation. (1) OJ L 130, 1. 5. 1998, p. 1. L 258/14 EN Official Journal of the European Communities 5. 10. 1999 Article 9 any body which is incorporated or constituted under the law of a Member State. This Regulation shall apply within the territory of the Community, including its air space and on board any aircraft or any vessel under the jurisdiction of a Member State and to any person elsewhere who is a national of a Member State and Article 10 This Regulation shall enter into force on the day of its publica- tion 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 Luxembourg, 4 October 1999. For the Council The President K. HÄKÄMIES 5. 10. 1999 EN Official Journal of the European Communities L 258/15 ANNEX I Petroleum and petroleum products referred to in Article 1 Product description Petroleum oils and oils obtained from bituminous minerals, crude Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70 % or more or petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations CN code 2709 2710 2711 Petroleum gases and other gaseous hydrocarbons 2712 10 Petroleum jelly 2712 20 00 Paraffin wax containing by weight less than 0,75 % of oil ex 2712 90 ‘Slack wax’, ‘scale wax’ 2713 2714 Petroleum coke, petroleum birumen and other residues of petroleum oils or of oils obtained from bituminous minerals Bitumen and asphalt, natural; bituminous or oil shale and tar sands; asphalties and asphaltic rocks 2715 00 00 Bituminous mixtures based on natural asphalt, on natural bitumen, on petroleum bitumen, on mineral tar or on mineral tar pitch (for example, bituminous mastics, cutbacks) 2901 Acyclic hydrocarbons 2902 11 00 Cyclohexane 2902 20 2902 30 Benzene Toluene 2902 41 00 o-Xylene 2902 42 00 m-Xylene 2902 43 00 p-Xylene 2902 44 Mixed xylene isomers 2902 50 00 Styrene 2902 60 00 Ethylbenzene 2902 70 00 Cumene 2905 11 00 Methanol (methyl alcohol) 3403 19 10 Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) containing 70 % or more by weight of petroleum oils or of oils obtained from bituminous minerals but not as the basic constituent 3811 21 00 Additives for lubricating oils containing petroleum oils or oils obtained from bituminous minerals 3824 90 10 Petroleum sulphonates, excluding petroleum sulphonated of alkali metals, of ammonium or of ethanolamines; thiophenated sulphonic acids oils obtained from bituminous minerals, and their salts ex 3824 90 95 Other products derived from petroleum and petroleum products L 258/16 EN Official Journal of the European Communities 5. 10. 1999 Model of authorisation document of EC competent authorities referred to in Article 3(1) ANNEX II EUROPEAN COMMUNITY PRIOR AUTHORISATION 1. APPLICANT (name, full address, country) ORIGINAL 2. No Date Period of validity 3. END-USER/FINAL DESTINATION (name, full address, country/ter- 4. COUNTRY OF EXPORT (Code) (1) ritory) 5. TERRITORY OF DESTINATION AND ROUTE OF SHIPMENT 6. PLACE AND DATE OF SHIPMENT — MEANS OF TRANSPORT 7. NUMBER OF DECLARATION OF END USER/FINAL DESTINATION NOTE This authorisation does not discharge the exporter from fulfilling any other conditions applicable in the export of the goods concerned. 8. SUPPLEMENTARY DETAILS 9. MARKS AND NUMBER — NUMBER AND KIND OF PACKAGES — 10. CN CODE 11. QUANTITY (2) 12. VALUE (3) DESCRIPTION OF GOODS AND THEIR USE 13. CERTIFICATION BY THE COMPETENT AUTHORITY OF THE EUROPEAN COMMUNITIES Certified that the sale, supply, export or shipment to the FRY of products described above has been authorised 14. COMPETENT AUTHORITY (name, full address, country) Stamp Place and Date Signature (1) As listed in Commission Regulation (EC) No 2645/98 (OJ L 335, 10. 12. 1998, p. 22). (2) Show net weight (kg) and also quantity in the unit prescribed for category where other than net weight. (3) In the currency of the sale contract. 5. 10. 1999 EN Official Journal of the European Communities L 258/17 List of relevant bodies in the Province of Kosovo and competent authorities of the Republic of Montenegro, referred to in Article 3(2) ANNEX III [. ] p. m. L 258/18 EN Official Journal of the European Communities 5. 10. 1999 ANNEX IV Model of prior final destination declaration of the relevant bodies of the Province of Kosovo or the competent authorities of the Republic of Montenegro referred to in Article 3(2) 1. APPLICANT (name, full address, country) ORIGINAL PRIOR FINAL DESTINATION DECLARATION 3. END-USER/FINAL DESTINATION (name, full address, country/ter- 4. COUNTRY OF EXPORT (Code) (2) ritory) (1) 2. No Date Period of validity 5. TERRITORY OF DESTINATION AND ROUTE OF SHIPMENT PROVINCE OF KOSOVO/REPUBLIC OF MONTENEGRO KOSOVO/REPUBLIC OF MONTENEGRO (3) 6. SUPPLY DETAILS 7. MARKS AND NUMBER — NUMBER AND KIND OF PACKAGES — 8. CN CODE 9. QUANTITY (4) 10. VALUE (5) DESCRIPTION OF GOODS AND THEIR USE 11. CERTIFICATION BY THE RELEVANT BODY OF THE PROVINCE OF KOSOVO OR THE COMPETENT AUTHORITY OF THE REPUBLIC OF MONTE- NEGRO (3) The said goods are subject to official control as regards their end-user/final destination. The certificate ceases to be valid unless presented to the competent foreign authorities within three months from the date of issue. Certificates which have not been used must be returned to the competent authority. Diversion (re-exportation) to another country only possible with the authorisation of the competent licensing authority. I, the undersigned, certify that the end-user/final destination of the goods described above is in the territory of Province of Kosovo/Republic of Montenegro (3) 12. COMPETENT AUTHORITY (name, full address, country) 13. Stamp Place and Date Signature (1) If there are more than 10 end-users or final destinations, the applicant shall (2) As listed in Commission Regulation (EC) No 2645/98 (OJ L 335, 10. 12. 1998, p. 22). (3) Indicate which of both territories/authorities. (4) Show net weight (kg) and also quantity in the unit prescribed for category where other than net weight. (5) In the currency of the sale contract. indicate these end-users or final destinations in an Annex to this Declaration