20 September 1999
REGULATION NO. 1999/9
ON THE IMPORTATION, TRANSPORT, DISTRIBUTION AND SALEOF PETROLEUM PRODUCTS (PETROLEUM, OIL AND LUBRICANTS OR POL)FOR AND IN KOSOVO
The Special Representative of the Secretary General, Pursuant to the authority given to him under United Nations Security Council Resolution 1244 (1999) of 10 June 1999, Taking into account United Nations Interim Administration in Kosovo (UNMIK) Regulation No. 1999/1 of 25 July 1999 on the Authority of the Interim Administration in Kosovo, For the purpose of regulating the importation, transport, distribution and sale of petroleum products (petroleum, oil, and lubricants or POL) for and in Kosovo, Hereby promulgates the following:
Section 1
Licence
Any person or enterprise engaging in the importation, transport, distribution and sale of any or all petroleum products (petroleum, oil and lubricants or POL) for and in Kosovo, will be required to obtain a license from the Special Representative of the Secretary-General. Such a license shall contain, as appropriate, any or all of the conditions set forth in the annex attached hereto.
Section 2
Destination of sale of petroleum products
The destination of sale of the petroleum products specified in section 1 above, shall be limited exclusively to the territory of Kosovo. Any other destination of sale shall be prohibited.
Section 3
Fuel Supervisory Board
The Special Representative of the Secretary General shall establish a Fuel Supervisory Board under UNMIK. s authority in order to supervise compliance with the present regulation and licences issued under it, and to ensure a reasonable and fair degree of competition, appropriate pricing policies and adequate inspection standards.
Section 4
Applicability
The provisions of the present regulation shall not apply to the importation, transport, distribution and sale of petroleum products (petroleum, oil, and lubricants a POL) by and for the use of UNMIK, KFOR, other United Nations organs, the specialized agencies, NGOs registered with the United Nations and operating in Kosovo and the Red Cross and Red Crescent Societies.
Section 5
Implementation
The Special Representative of the Secretary-General may issue Administrative Directions in connection with the implementation of the present regulation.
Section 6
Applicable Law
The provisions of the applicable laws relating to the importation, transport, distribution and sale of petroleum products (petroleum, oil and lubricants or POL) shall apply subject to the provisions of the present regulation.
Section 7
Entry into Force
The present Regulation shall enter into force on 20 September 1999.
Bernard Kouchner
Special Representative of the Secretary-General
ANNEX
CONDITIONS FOR ISSUANCE OF A LICENCE
The grant of a licence shall, as appropriate, be subject to any or all of the conditions stated hereunder:
1. A statement of intent to engage in any or all of the following activities: the importation, transport, distribution, or sale of petroleum products (petroleum, oil and lubricants or POL) for and in Kosovo;
2. An undertaking by the licensee to administer and render operational, on behalf of the United Nations Interim Administration in Kosovo (UNMIK) and under the terms of an UNMIK Letter of Authorization, all assets of Jugopetrol and/or Beopetrol in Kosovo, in addition to any privately owned assets in Kosovo of which the licensee may lawfully make use;
3. A licence for a comprehensive system for the provision of POL products in Kosovo, ranging from their procurement, importation into Kosovo, transport, distribution and sale to the ultimate consumers, shall be subject to an undertaking by the licensee to provide and adhere to such a comprehensive system;
4. A statement by the licensee containing specifications of delivery capacities, sources of procurement, pricing structure, quantities of POL to be delivered and their delivery schedule, including sale to final customers;
5. Payment by the licensee into any bank account, in a currency to be designated by Special Representative of the Secretary General, of all customs and excise duties and sales tax levied on POL products under applicable Laws and Regulations and amendments thereto;
6. UNMIK Regulation No. 1999/9 of 20 September 1999 shall form an integral part of the licence;
7. An undertaking to adhere to the conditions specified in the licence to be granted;
8. The Special Representative of the Secretary General may revoke the grant of a licence with immediate effect if the licensee is in breach of any of the foregoing conditions set forth in the licence or for any other reason which, in the opinion of the Special Representative of the Secretary General, interferes with the successful discharge of the mandate of UNMIK.