The Cyprus Ships (Prohibition of Transportation) Order 1999 / Implementation of the E.U. Common Position Concerning a Ban on the Supply and Sale of Petroleum and Petroleum Products to the Federal Republic of Yugoslavia (FRY).
Circular No. 16/99
TEN 1/5
TEN 45/38
7 June 1999
URGENT
To all Owners, Managers and Representatives of Ships under the Cyprus flag.
I refer to the above subject and
wish to inform you that due to the prevailing serious crisis in Yugoslavia /Kosovo , the
Council of Ministers of the Republic of Cyprus by virtue of its Decision No 49.600 ordered
the immediate implementation of the European Union Common Position No. 7592/99 (dated
23.04.1999, Final no.:1999/273/CFSP) concerning a ban on the supply and sale of petroleum
and petroleum products to the Federal Republic of Yugoslavia.
The above Decision was taken within the framework of Cyprus’ pre-accession strategy to
the European Union (EU) under a Declaration adopted on 26.04.1999 by Cyprus (as an
associated country with the EU), the Central and Eastern European countries associated
with the EU and the EFTA countries members of the European Economic Area. In this
Declaration, Cyprus and the other countries declared that they share the objectives of the
EU Common Position No. 7592/99 and that they will ensure that their national policies
conform to that Common Position.
With regard to merchant shipping, the Council of Ministers Decision No. 49.600 authorized the Minister of Communications and Works of the Republic to issue an Order prohibiting the transportation of petroleum and petroleum products by Cyprus ships to / from any ports of the Federal Republic of Yugoslavia. Consequently, the Petroleum & Petroleum Products (Prohibition of Transportation by Cyprus Ships to and from Ports of the Federal Republic of Yugoslavia) Order 1999 (Official Gazette of the Republic No. 3331, Supplement III(I), dated 04.06.1999, P.I. No. 119/99) was recently issued by the Minister of Communications and Works on the basis of the Cyprus Ships (Prohibition of Transportation) Laws 1966-1971 (Law 26/66 as amended).
Order P.I. No. 119/99 prohibits
the transportation by Cyprus ships of petroleum and petroleum products to / from any ports
of the Federal Republic of Yugoslavia.
According to Order P.I. No.119/99, the above prohibition does not apply for verified
humanitarian purposes falling within the scope of Article 1.2 of the EU Common Position
No. 7592/99 (in particular for the needs of internally displaced persons and returnees),
and such exemptions may be authorized on a case- by -case basis by the Ministry of Foreign
Affairs of the Republic of Cyprus, upon transmission of each particular case to the
latter, by the Ministry of Commence, Industry and Tourism.
Consequently, Owners and Managers should address any requests for authorized
transportation to / from Yugoslavian ports to the Ministry of Commence, Industry and
Tourism of the Republic of Cyprus
Under section 5 of the Cyprus Ships (Prohibition of Transportation) Laws 1966-1971, the Master as well as the Owner of any Cyprus ship which, in contravention of any prohibition Order issued under section 3 of the said Laws, transports any cargo or calls at prohibited ports, shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding ten thousand pounds or to both such imprisonment and fine.
I also seize the opportunity to remind you that with regard to the Federal Republic of Yugoslavia, the relevant United Nations sanctions regarding the transportation of arms and related materiel are still in force as adopted by Order P.I. 242/98 (see my Circular No. 2/99 dated 05.01.1999).
The Owners and Masters of Cyprus ships are advised to strictly abide by the present Circular.
Sergios S. Serghiou
Director
Department of Merchant Shipping
cc: - Permanent Secretary, Ministry of Communications and Works