COUNCIL REGULATION (EC) No 337/2000
of 14 February 2000
concerning a flight ban and a freeze of funds and other financial resources in respect of the Taliban of Afghanistan
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 60 and 301 thereof,
Having regard to Council Common Position 1999/727/CFSP of 15 November 1999 concerning restrictive measures against the Taliban(1),
Having regard to the proposal from the Commission,
Whereas:
(1) On 15 October 1999, the United Nations Security Council adopted Resolution 1267 (1999); in paragraph 2 of that resolution the Security Council demanded that the Taliban without delay hand over Usama bin Laden to the authorities mentioned in that paragraph.
(2) In paragraph 3 of Resolution 1267 (1999) the Security Council decided that a flight ban and a freeze of funds and other financial resources as set out in paragraph 4 of that resolution should be imposed on 14 November 1999 unless the Security Council decided that the Taliban had fully complied with the obligation set out in the aforementioned paragraph 2.
(3) The measures set out in paragraph 4 of Resolution 1267 (1999) fall under the scope of the Treaty and, therefore, notably with a view to avoiding distortion of competition, Community legislation is necessary to implement the relevant decisions of the Security Council as far as the territory of the Community is concerned, such territory being deemed to encompass, for the purposes of this Regulation, the territories of the Member States to which the Treaty is applicable, under the conditions laid down in that Treaty.
(4) In order to create maximum legal certainty within the Community, names and other relevant data with regard to persons and bodies and aircraft, as designated by the Committee established under the Resolution 1267 (1999), should be made publicly known; appropriate procedures should be established within the Community regarding this aspect.
(5) Resolution 1267 (1999) provides for certain exemptions to the restrictions imposed on the condition of prior approval of the said Committee.
(6) The approval of the said Committee should be obtained through the competent national authorities of the Member States, whose names and addresses should, therefore, be made available and annexed to this Regulation.
(7) For reasons of expediency, the Commission should be empowered to supplement and/or amend the Annexes to this Regulation on the basis of pertinent notifications from the said Committee.
(8) The competent authorities of the Member States should, where necessary, be empowered to ensure compliance with this Regulation.
(9) Violations of the provisions of this Regulation should be penalised and Member States should impose appropriate penalties to that effect.
(10) The Security Council calls for the measures to be applied notwithstanding any rights conferred or obligations imposed by any international agreement signed or any contract entered into or any licence or permit granted before the entry into force of the relevant paragraphs of Resolution 1267 (1999) enter into force.
(11) The Commission and Member States should inform each other of the measures taken under this Regulation and of other relevant information at their disposal in connection with this Regulation, and cooperate with the said Committee, including by supplying information to it,
HAS ADOPTED THIS REGULATION:
Article 1
For the purpose of this Regulation:
1. Taliban shall mean: the Afghan faction which also calls itself the Islamic Emirate of Afghanistan;
2. Taliban Sanctions Committee shall mean: the Committee established by United Nations Security Council Resolution 1267 (1999).
Article 2
This Regulation shall apply to any funds, other financial resources, and aircraft designated by the Taliban Sanctions Committee.
The funds and other financial resources referred to in the first subparagraph shall be listed in Annex I and the aircraft referred to therein in Annex II to this Regulation.
Article 3
1. All funds and other financial resources designated by the Taliban Sanctions Committee, listed in Annex I, shall be frozen.
2. No funds or other financial resources designated by the Taliban Sanctions Committee, listed in Annex I, shall be made available to or for the benefit of the Taliban or any undertaking owned or controlled, directly or indirectly, by the Taliban.
Article 4
Without prejudice to the Community rules concerning confidentiality and to the provisions of Article 284 of the Treaty, the competent authorities of the Member States shall have the power to require banks, other financial institutions, insurance companies, and other bodies and persons to provide all relevant information necessary for ensuring compliance with this Regulation.
Article 5
It shall be prohibited for any aircraft designated by the Taliban Sanctions Committee, listed in Annex, II, to take off from, or land in, the territory of the Community.
Article 6
1. Article 3 shall not apply to funds and other financial resources for which the Taliban Sanctions Committee has granted an exemption.
2. Article 5 shall not apply to flights for which the Taliban Sanctions Committee has granted an exemption.
3. No exemptions from Articles 3 and 5 other than those referred to in paragraphs 1 and 2 of this Article may be granted.
4. Exemptions referred to in paragraphs 1 and 2 shall be obtained, where appropriate, through the competent authorities of the Member States listed in Annex III. Exemptions granted by the Taliban Sanctions Committee shall apply throughout the Community.
Article 7
Without prejudice to the rights and obligations of the Member States under the Charter of the United Nations, the Commission shall:
- supplement and/or amend Annexes I and II on the basis of determinations made by the United Nations Security Council or the Taliban Sanctions Committee,
- supplement and/or amend Annex III on the basis of information supplied by the competent authorities within the Community,
- maintain all the necessary contacts with the Taliban Sanctions Committee for the purpose of the effective implementation of this Regulation.
Article 8
The Commission and the Member States shall inform each other immediately of the measures taken under this Regulation and supply each other with the relevant information at their disposal in connection with this Regulation, and in respect of violation and enforcement problems or judgements handed down by national courts.
Article 9
This Regulation shall apply notwithstanding any rights conferred or obligations imposed by any international agreement signed or any contract entered into or any licence or permit granted before the entry into force of this Regulation.
Article 10
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.
Article 11
This Regulation shall apply:
- within the territory of the Community, including its airspace,
- on board any aircraft or any vessel under the jurisdiction of a Member State,
- to any person elsewhere who is a national of a Member State,
- to any body which is incorporated or constituted under the law of a Member State.
Article 12
This Regulation shall enter into force on the day following that of its publication 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 Brussels, 14 February 2000.