The Yugoslavia (Prohibition of Flights) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations specify the sanctions that may be imposed where the following provisions of Council Regulation (EC) No. 1064/1999 imposing a ban on flights between the European Community and the Federal Republic of Yugoslavia, and repealing Regulation (EC) No. 1901/98 are infringed. Those provisions are those set out–

(a) in article 1, which prohibits the take off from or landing in the United Kingdom of–

• aircraft operated, directly or indirectly, by a Yugoslav carrier

• aircraft registered in Yugoslavia

• civil aircraft operated for commercial or private purposes if it has taken off from or is destined to land in Yugoslavia.

(b) in article 5, which prohibits the participation, knowingly and intentionally, in related activities, the object or effect of which is, directly or indirectly, to circumvent the provisions of articles 1 and 2 of the Council Regulation(1).

These sanctions do not apply where article 102 of the Air Navigation (No. 2) Order 1995 is contravened.

(1)

Article 2 of the Council Regulation revokes operating authorisations for scheduled air services and charter flights between the European Community and Yugoslavia. It also precludes the grant of new authorisations for the benefit of either Yugoslav registered aircraft or aircraft operated by Yugoslav carriers. Articles 1 and 2 are subject to certain savings set out in articles 3 and 4 of the Council Regulation. In particular the prohibition on take off and landing does not apply to emergency landings and ensuing take offs. Also, the prohibition on take off and landing and the prohibition relating to authorisations for services or flights to or from Yugoslavia will not apply in the case of authorised flights serving strictly humanitarian purposes.