ON THE IMPORTATION, TRANSPORT, DISTRIBUTION AND SALE OF PETROLEUM PRODUCTS (PETROLEUM, OIL AND LUBRICANTS) 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 Mission 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, shall 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 which shall supervise compliance with the present regulation and licences issued under it, and 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 (POL) 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 (POL) shall apply subject to the provisions of the present regulation.

Section 7

ENTRY INTO FORCE

The present regulation shall enter into force on 24 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, 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. An undertaking by the licensee to provide and adhere to 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;

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 and details regarding intended markets;

5. Payment by the licensee of all customs and excise duties and sales tax levied on POL products in accordance with applicable law;

6. UNMIK Regulation No. 1999/9 of 24 September 1999 shall form an integral part of the licence;

7. An undertaking to adhere to the conditions specified in the licence;

8. The Special Representative of the Secretary General may revoke 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.