2001R2580 — EN — 30.04.2003 — 001.001 — 1
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►B COUNCILREGULATION(EC)No2580/2001
of27December 2001
on specific restrictive measures directed against certain persons and entities with a view to
combatingterrorism
(OJ L 344, 28.12.2001, p. 70)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 745/2003 of 28 April 2003 L 106 22 29.4.2003
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COUNCILREGULATION(EC)No2580/2001
of27December 2001
on specific restrictive measures directed against certain persons
andentitieswithaviewtocombatingterrorism
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, andin particular Articles60, 301 and 308 thereof,
Having regard to Common Position 2001/931/CFSP on the application
of specific measures to combat terrorism (
1), adopted by the Council on
27 December 2001,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (2),
Whereas:
(1)At itsextraordinary meeting on 21 September 2001, the
European Council declared that terrorism is a real challenge tothe world and to Europe and that the fight against terrorismwill be a priority objective of the European Union.
(2)The European Council declared that combating the funding of
terrorism is a decisive aspect of the fight against terrorism and
called upon the Council to take the necessary measures tocombat any form of financing for terrorist activities.
(3)In itsRes olution 1373(2001), the United NationsSecurityCouncil decided on 28 September 2001 that all Statess houldimplement a freezing of funds and other financial assets oreconomic resources as against persons who commit, or attempt
to commit, terrorist acts or who participate in or facilitate the
commission of such acts.
(4)In addition, the Security Council decided that measures shouldbe taken to prohibit funds and other financial assets or economicresources from being made available for the benefit of suchpersons, and to prohibit financial or other related services from
being rendered for the benefit of such persons.
(5)Action by the Community is necessary in order to implement the
CFSP aspects of Common Position 2001/931/CFSP.
(6)ThisRegulation isa meas ure needed at Community level andcomplementary to administrative and judicial proceduresregarding terrorist organisations in the European Union and third
countries.
(7)Community territory is deemed to encompass, for the purposes
of thisRegulation, all the territoriesof the Member Statestowhich the Treaty isapplicable, under the conditionslaid downin that Treaty.
(8)With a view to protecting the interests of the Community,certain exceptionsmay be granted.
(9)As regards the procedure for establishing and amending the list
referred to in Article 2(3) of thisRegulation, the Council s hould
exercise the corresponding implementing powers itself in viewof the specific means available to its members for that purpose.
(10)Circumvention of thisRegulation s hould be prevented by anadequate system of information and, where appropriate, remedialmeasures, including additional Community legislation.2001R2580 — EN — 30.04.2003 — 001.001 — 2
(1) See page 93 of thisOfficial Journal.
(2) Opinion delivered on 13 December 2001 (not yet published in the Official
Journal).
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(11)The competent authoritiesof the Member Statess hould, where
necessary, be empowered to ensure compliance with the provi-
sions of this Regulation.
(12)Member States should lay down rules on sanctions applicable toinfringements of the provisions of this Regulation and ensurethat they are implemented. Those sanctions must be effective,proportionate and dissuasive.
(13)The Commission and the Member States should inform each
other of the measures taken under this Regulation and of other
relevant information at their disposal in connection with thisRegulation.
(14)The list referred to in Article 2(3) of this Regulation mayinclude persons and entities linked or related to third countriesas well as those who otherwise are the focus of the CFSP aspects
of Common Position 2001/931/CFSP. For the adoption of provi-
sions in this Regulation concerning the latter, the Treaty doesnot provide powersother than thos e under Article 308.
(15)The European Community hasalready implemented UNSCR1267(1999) and 1333(2000) by adopting Regulation (EC) No
467/2001 (
1) freezing the assets of certain persons and groups
and therefore those persons and groups are not covered by thisRegulation,
HAS ADOPTED THIS REGULATION:
Article 1
For the purpose of this Regulation, the following definitions shall
apply:
1. ‘Funds, other financial assets and economic resources’ means assets
of every kind, whether tangible or intangible, movable or immo-
vable, however acquired, and legal documentsor ins trumentsinany form, including electronic or digital, evidencing title to, orinterest in, such assets, including, but not limited to, bank credits,travellers' cheques, bank cheques, money orders, shares, securities,bonds, drafts and letters of credit.
2. ‘Freezing of funds, other financial assets and economic resources’
means the prevention of any move, transfer, alteration, use of or
dealing with fundsin any way that would res ult in any change intheir volume, amount, location, ownership, possession, character,destination or other change that would enable the funds to be used,including portfolio management.
3. ‘Financial services’ means any service of a financial nature,
including all insurance and insurance-related services, and all
banking and other financial services (excluding insurance) asfollows:
Insurance and insurance-related services
(i) Direct insurance (including co-insurance):
(A) life assurance;
(B) non-life;
(ii) Reinsurance and retrocession;
(iii) Insurance intermediation, such as brokerage and agency;
(iv) Services auxiliary to insurance, such as consultancy, actuarial,
risk assessment and claim settlement services.
Banking and other financial services (excluding insurance)
(v) Acceptance of deposits and other repayable funds;
(vi) Lending of all types, including consumer credit, mortgage
credit, factoring and financing of commercial transaction;2001R2580 — EN — 30.04.2003 — 001.001 — 3
(1) OJ L 67, 9.3.2001, p. 1.
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(vii) Financial leasing;
(viii) All payment and money transmission services, including
credit, charge and debit cards, travellers' cheques and bankers'drafts;
(ix) Guaranteesand commitments ;
(x) Trading for own account or for account of customers, whether
on an exchange, in an over-the-counter market or otherwise,the following:
(A) money market instruments (including cheques, bills, certi-
ficates of deposits);
(B) foreign exchange;
(C) derivative productsincluding, but not limited to, futures
and options;
(D) exchange rate and interest rate instruments, including
products such as swaps and forward rate agreements;
(E) transferable securities;
(F) other negotiable instruments and financial assets,
including bullion;
(xi) Participation in issues of all kinds of securities, including
underwriting and placement asagent (whether publicly orprivately) and provision of services related to such issues;
(xii) Money brokering;
(xiii) Asset management, such as cash or portfolio management, all
forms of collective investment management, pension fundmanagement, custodial, depository and trust services;
(xiv) Settlement and clearing services for financial assets, including
securities, derivative products, and other negotiable instru-ments;
(xv) Provision and transfer of financial information, and financial
data processing and related software by suppliers of otherfinancial services;
(xvi) Advisory, intermediation and other auxiliary financial services
on all the activities listed in subparagraphs (v) to (xv),including credit reference and analysis, investment and port-folio research and advice, advice on acquisitions and on
corporate restructuring and strategy.
4. For the purposes of this Regulation, the definition of ‘terrorist act’
shall be the one contained in Article 1(3) of Common Position2001/931/CFSP.
5. ‘Owning a legal person, group or entity’ means being in possession
of 50 % or more of the proprietary rightsof a legal pers on, group orentity, or having a majority interest therein.
6. ‘Controlling a legal person, group or entity’ means any of the
following:
(a) having the right to appoint or remove a majority of the members
of the administrative, management or supervisory body of such
legal person, group or entity;
(b) having appointed solely as a result of the exercise of one's
voting rightsa majority of the membersof the adminis trative,management or supervisory bodies of a legal person, group or
entity who have held office during the present and previous
financial year;
(c) controlling alone, pursuant to an agreement with other share-
holdersin or membersof a legal pers on, group or entity, amajority of shareholders' or members' voting rights in that legal
person, group or entity;
(d) having the right to exercise a dominant influence over a legal
person, group or entity, pursuant to an agreement entered intowith that legal person, group or entity, or to a provision in itsMemorandum or Articles of Association, where the law2001R2580 — EN — 30.04.2003 — 001.001 — 4
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governing that legal person, group or entity permits its being
subject to such agreement or provision;
(e) having the power to exercise the right to exercise a dominant
influence referred to in point (d), without being the holder of
that right;
(f) having the right to use all or part of the assets of a legal person,
group or entity;
(g) managing the business of a legal person, group or entity on a
unified basis, while publishing consolidated accounts;
(h) sharing jointly and severally the financial liabilities of a legal
person, group or entity, or guaranteeing them.
Article 2
1. Except aspermitted under Articles5 and 6:
(a) all funds, other financial assets and economic resources belonging
to, or owned or held by, a natural or legal person, group or entityincluded in the list referred to in paragraph 3 shall be frozen;
(b) no funds, other financial assets and economic resources shall be
made available, directly or indirectly, to, or for the benefit of, anatural or legal person, group or entity included in the list referred
to in paragraph 3.
2. Except aspermitted under Articles5 and 6, it s hall be prohibited
to provide financial services to, or for the benefit of, a natural or legal
person, group or entity included in the list referred to in paragraph 3.
3. The Council, acting by unanimity, shall establish, review and
amend the list of persons, groups and entities to which this Regulation
applies, in accordance with the provisions laid down in Article 1(4), (5)
and (6) of Common Position 2001/931/CFSP; such list shall consist of:
(i) natural persons committing, or attempting to commit, participating
in or facilitating the commission of any act of terrorism;
(ii) legal persons, groups or entities committing, or attempting to
commit, participating in or facilitating the commission of any actof terrorism;
(iii) legal persons, groups or entities owned or controlled by one or
more natural or legal persons, groups or entities referred to in
points(i) and (ii); or
(iv) natural legal persons, groups or entities acting on behalf of or at
the direction of one or more natural or legal persons, groups or
entitiesreferred to in points(i) and (ii).
Article 3
1. The participation, knowingly and intentionally, in activities, the
object or effect of which is, directly or indirectly, to circumvent Article2 shall be prohibited.
2. Any information that the provisions of this Regulation are being,
or have been, circumvented shall be notified to the competent authori-ties of the Member States listed in the Annex and to the Commission.
Article 4
1. Without prejudice to the applicable rulesconcerning reporting,
confidentiality and professional secrecy and to the provisions of Article
284 of the Treaty, banks, other financial institutions, insurance compa-nies, and other bodies and persons shall:
— provide immediately any information which would facilitate
compliance with thisRegulation, s uch asaccountsand amountsfrozen in accordance with Article 2 and transactions executed
pursuant to Articles 5 and 6:
— to the competent authoritiesof the Member Stateslis ted in the
Annex where they are resident or located, and
— through these competent authorities, to the Commission,2001R2580 — EN — 30.04.2003 — 001.001 — 5
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— cooperate with the competent authoritieslis ted in the Annex in any
verification of thisinformation.
2. Any information provided or received in accordance with this
Article shall be used only for the purposes for which it was providedor received.
3. Any information directly received by the Commission shall be
made available to the competent authoritiesof the Member Statesconcerned and to the Council.
Article 5
1. Article 2(1)(b) shall not apply to the addition to frozen accounts
of interest due on those accounts. Such interest shall also be frozen.
2. The competent authoritiesof the Member Stateslis ted in the
Annex may grant specific authorisations, under such conditions asthey deem appropriate, in order to prevent the financing of actsofterrorism, for
1. the use of frozen funds for essential human needs of a natural
person included in the list referred to in Article 2(3) or a memberof his family, including in particular payments for foodstuffs, medi-cines, the rent or mortgage for the family residence and fees and
chargesconcerning medical treatment of membersof that family,
to be fulfilled within the Community;
2. payments from frozen accounts for the following purposes:
(a) payment of taxes, compulsory insurance premiums and fees for
public utility services such as gas, water, electricity and tele-
communicationsto be paid in the Community; and
(b) payment of chargesdue to a financial ins titution in the Commu-
nity for the maintenance of accounts;
3. payments to a person, entity or body person included in the list
referred to in Article 2(3), due under contracts, agreements or obli-gationswhich were concluded or aros e before the entry into force ofthisRegulation provided that thos e paymentsare made into a frozen
account within the Community.
3. Requests for authorisations shall be made to the competent
authority of the Member State in whose territory the funds, other finan-cial assets or other economic resources have been frozen.
Article 6
1. Notwithstanding the provisions of Article 2 and with a view to
the protection of the interests of the Community, which include the
interests of its citizens and residents, the competent authorities of aMember State may grant specific authorisations:
— to unfreeze funds, other financial assets or other economic
resources,
— to make funds, other financial assets or other economic resources
available to a person, entity or body included in the list referred to
in Article 2(3), or
— to render financial services to such person, entity or body,
after consultation with the other Member States, the Council and the
Commission in accordance with paragraph 2.
2. A competent authority which receives a request for an authorisa-
tion referred to in paragraph 1 shall notify the competent authorities of
the other Member States, the Council and the Commission, as listed inthe Annex, of the groundson which it intendsto either reject therequest or grant a specific authorisation, informing them of the condi-tions that it considers necessary in order to prevent the financing ofactsof terroris m.
The competent authority which intends to grant a specific authorisation
shall take due account of comments made within two weeks by otherMember States, the Council and the Commission.2001R2580 — EN — 30.04.2003 — 001.001 — 6
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Article 7
The Commission shall be empowered, on the basis of information
supplied by Member States, to amend the Annex.
Article 8
The Member States, the Council and the Commission shall inform each
other of the measures taken under this Regulation and supply each
other with the relevant information at their disposal in connection
with thisRegulation, notably information received in accordance withArticles3 and 4, and in res pect of violation and enforcement problemsor judgmentshanded down by national courts .
Article 9
Each Member State shall determine the sanctions to be imposed where
the provisions of this Regulation are infringed. Such sanctions shall beeffective, proportionate and dissuasive.
Article 10
ThisRegulation s hall apply:1. within the territory of the Community, including itsairs pace,
2. on board any aircraft or any vessel under the jurisdiction of a
Member State,
3. to any person elsewhere who is a national of a Member State,
4. to any legal person, group or entity incorporated or constituted
under the law of a Member State,
5. to any legal person, group or entity doing business within the
Community.
Article 11
1. ThisRegulation s hall enter into force on the day of itspublication
in theOfficial Journal of the European Communities .
2. Within a period of one year from the entry into force of this
Regulation, the Commission shall present a report on the impact of
this Regulation and, if necessary, make proposals to amend it.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.2001R2580 — EN — 30.04.2003 — 001.001 — 7
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ANNEX
LIST OF COMPETENT AUTHORITIES REFERRED TO IN ARTICLES
3,4AND5
BELGIUM
Ministère des finances
Trésorerie
avenue desArts30
B-1040 BruxellesFax (32-2) 233 75 18
DENMARK
Erhvervsfremmestyrelsen
DahlerupsPakhus
Langelinie Alle 17
DK-2100 København ØTel. (45) 35 46 60 00Fax (45) 35 46 60 01
GERMANY
—concerning freeze of funds:
Deutsche Bundesbank
Wilhelm Eppsteinstr. 14D-60431 Frankfurt/MainTel. (00-49-69) 95 66
—concerning insurances:
Bundesaufsichtsamt für das Versicherungswesen (BAV)
Graurheindorfer Str. 108
D-53117 BonnTel. (00-49-228) 42 28
GREECE
Ministry of National Economy
General Directorate of Economic Policy
5 Nikiss tr.
GR-105 63 AthensTel. (00-30-1) 333 27 81-2Fax (00-30-1) 333 27 93
Yπουργείο Εθνική sΟικονοµία s
Γενική ∆ιεύθυνση Οικονοµική sΠολιτική s
Νίκηs5, 10562 ΑΘΗΝΑ
Τηλ.: (00 -30-1) 333 27 81-2
Φαξ: (00 -30-1) 333 27 93
SPAIN
Dirección General de Comercio e Inversiones
Subdirección General de Inversiores Exteriores
Ministerio de Economía
Paseo de la Castellana, 162E-28046 MadridTel. (00-34) 91 349 39 83Fax (00-34) 91 349 35 62
Dirección General del Tesoro y Política Financiera
Subdirección General de Inspección y Control de Movimientos de CapitalesMinisterio de EconomíaPaseo del Prado, 6E-28014 Madrid
Tel. (00-34) 91 209 95 11
Fax (00-34) 91 209 96 56
FRANCE
Ministère de l'économie, des finances et de l'industrie
Direction du TrésorService desaffaireseuropéenneset internationales
Sous-direction E
139, rue du BercyF-75572 ParisCedex 12Tel. (33-1) 44 87 17 17Fax (33-1) 53 18 36 152001R2580 — EN — 30.04.2003 — 001.001 — 8
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IRLAND
Central Bank of Ireland
Financial MarketsDepartmentPO Box 559
Dame Street
Dublin 2Tel. (353-1) 671 66 66
Department of Foreign Affairs
Bilateral Economic RelationsDivis ion76-78 Harcourt StreetDublin 2
Tel. (353-1) 408 24 92
ITALY
Ministero dell'Economia e delle Finanze…
LUXEMBOURG
Ministère des affaires étrangères, du commerce extérieur, de la coopération, de
l'action humanitaire et de la défense
Direction desrelationséconomiquesinternationalesBP 1602
L-1016 Luxembourg
Tel. (352) 478-1 ou 478-2350Fax (352) 22 20 48
Ministère des Finances
3 rue de la Congrégation
L-1352 LuxembourgTel. (352) 478-2712
Fax (352) 47 52 41
NETHERLANDS
►
M1Ministerie van Financiën
Directie Financiële Markten, afdeling IntegriteitPostbus 20201
2500 EE Den Haag
The NetherlandsTel. (31-70) 342 89 97
Fax (31-70) 342 79 18 ◄
AUSTRIA
—Article 3
Bundesministerium für Inneres — Bundeskriminalamt
A-1090 Wien
Josef-Holaubek-Platz 1Tel. (+ 431) 313 45-0
Fax ( 431) 313 45-85 290
—Article 4
Oestereichische Nationalbank
A-1090 Wien
Otto-Wagner-Platz 3
Tel. + 431) 404 20-0Fax ( 431) 404 20-73 99
Bundesministerium für Inneres — Bundeskriminalamt
A-1090 Wien
Josef-Holaubek-Platz 1Tel. (+ 431) 313 45-0Fax ( 431) 313 45-85 290
—Article 5
Oestereichische Nationalbank
A-1090 Wien
Otto-Wagner-Platz 3
Tel. + 431) 404 20-0Fax ( 431) 404 20-73 992001R2580 — EN — 30.04.2003 — 001.001 — 9
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PORTUGAL
Ministério das Finanças
Direcção Geral dos Assuntos Europeus e Relações Internacionais
Avenida Infante D. Henrique, n.o1, C 2.o
P-1100 Lisboa
Tel.: (351-1) 882 32 40/47
Fax: (351-1) 882 32 49
Ministério dos Negócios Estrangeiros
Direcção Geral dos Assuntos Multilaterias/Direcção dos Serviços das Organi-
zaçõesPolíticasInternacionaisLargo do Rilvas
P-1350-179 Lisboa
Tel.: (351 21) 394 60 72
Fax: (351 21) 394 60 73
FINLAND
Ulkoasiainministeriö/Utrikesministeriet
PL 176
SF-00161 Helsinki
Tel. (358-9) 13 41 51
Fax. (358-9) 13 41 57 07 and (358-9) 62 98 40
SWEDEN
—Article 3
Rikspolisstyrelsen (RPS)
Box 12256
102 26 Stockholm
tfn 08-401 90 00
fax 08-401 99 00
—Articles 4 and 6
Finanzinspektionen
Box 7831
103 98 Stockholmtfn 08-787 80 00
fax 08-24 13 35
—Article 5
Riksförsäkringsverket (RFV)
103 51 Stockholmtfn 08-786 90 00
fax 08-411 27 89
UNITED KINGDOM
►
M1HM Treasury
International Financial ServicesTeam
1, Horse Guards Road
LondonSW1A 2HQ
United Kingdom
Tel. (44-207) 270 55 50
Fax (44-207) 270 43 65
Bank of England
Financial SanctionsUnit
Threadneedle StreetLondon
EC2R 8AH
United Kingdom
Tel. (44-207) 601 46 07
Fax (44-207) 601 43 09 ◄
EUROPEAN COMMUNITY
►
M1Commission of the European Communities
Directorate-General for External Relations
Directorate CFSP
Unit A.2: Legal and institutional matters for external relations — Sanctions
CHAR 12/163B-1049 Brussels
Tel. (32-2) 295 81 48/296 25 56
Fax (32-2) 296 75 63
E-mail: relex-sanctions@cec.eu.int ◄2001R2580 — EN — 30.04.2003 — 001.001 — 10