Council Common Position of 26 February 2001 concerning additional restrictive measures against the Taliban and amending Common Position 96/746/CFSP
Date: 2001-02-26
Institutions: Council of the European Union
Subjects: Afghanistan, UN Security Council, air transport, economic sanctions, international sanctions, military equipment

27.2.2001

EN

Official Journal of the European Communities

L 57/1

(Acts adopted pursuant to Title V of the Treaty on European Union)

COUNCIL COMMON POSITION

of 26 February 2001

concerning additional restrictive measures against the Taliban and amending Common Position
96/746/CFSP

(2001/154/CFSP)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in partic-
ular Article 15 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

On 17 December 1996, the Council adopted Common
Position 96/746/CFSP concerning the imposition of an
embargo on arms, munitions and military equipment on
Afghanistan (1).

On 15 November 1999, the Council adopted Common
Position 1999/727/CFSP concerning restrictive measures
against the Taliban (2).

On 19 December 2000 the United Nations Security
Council adopted Resolution 1333 (2000), hereinafter
referred to as UNSCR 1333 (2000), setting out measures
to be imposed against the Afghan faction known as the
Taliban, which also calls itself the Islamic Emirate of
Afghanistan and against Usama Bin Laden and individ-
uals and entities associated with him.

UNSCR 1333 (2000) provides for measures to be
applied to the territory controlled by the Taliban as
designated by the UN Sanctions Committee.

On 22 January 2001, the Council adopted Common
Position 2001/56/CFSP on Afghanistan (3).

Common Position 96/746/CFSP should be amended to
ensure an exemption from the arms embargo in respect
of supplies of non-lethal military equipment as provided
for in UNSCR 1333 (2000).

Action by the Community is needed in order to imple-
ment certain measures,

HAS ADOPTED THIS COMMON POSITION:

Article 1

and which continue to apply to the entire territory of Afghani-
stan, the measures set out below shall apply.

Article 2

1.
The direct or indirect supply, sale and transfer of arms
and related material of all types including weapons and ammu-
nition, military vehicles and equipment, paramilitary equip-
ment, and spare parts for the aforementioned to the territory of
Afghanistan under Taliban control as designated by the UN
Sanctions Committee, by nationals of Member States or from
the territories of the Member States, under the conditions set
out in UNSCR 1333 (2000), shall be prohibited.

2.
The direct or indirect supply, sale and transfer to the
territory of Afghanistan under Taliban control, as designated by
the UN Sanctions Committee, of technical advice, assistance, or
training related to the military activities of the armed personnel
under the control of the Taliban, by nationals of Member States
or from the territories of the Member States, under the condi-
tions set out in UNSCR 1333(2000), will be prohibited.

3.
Any officials, agents, advisers and military personnel of
Member States in Afghanistan to advise the Taliban on military
and related security matters shall be withdrawn.

4.
Paragraphs 1 and 2 shall not apply to supplies of non-
lethal military equipment intended solely for humanitarian or
protective use, and related technical assistance or training, as
approved in advance by the UN Sanctions Committee, nor shall
they apply to protective clothing,
including flak jackets and
military helmets, exported to Afghanistan by United Nations
personnel,
the media and humanitarian
workers for their personal use.

representatives of

In addition to those measures taken pursuant to Common
Position 96/746/CFSP and Common Position 1999/727/CFSP

Article 3

(1) OJ L 342, 31.12.1996, p. 1.
(2) OJ L 294, 16.11.1999, p. 1.
(3) OJ L 21, 23.1.2001, p. 1.

All offices of the Taliban and of Ariana Afghan Airlines in the
European Union will be closed.

L 57/2

EN

Official Journal of the European Communities

27.2.2001

Article 4

Funds and other financial assets of Usama Bin Laden and
individuals and entities associated with him as designated by
the UN Sanctions Committee, will be frozen, and funds or
other financial resources will not be made available to Usama
Bin Laden and individuals or entities associated with him as
designated by the UN Sanctions Committee, under the condi-
tions set out in UNSCR 1333 (2000).

Article 5

The sale, supply or transfer of the chemical acetic anhydride by
nationals from Member States or from their territory to any
person in the territory of Afghanistan under Taliban control as
designated by the UN Sanctions Committee or to any person
for the purpose of an activity carried on in, or operated from,
the territory under Taliban control as designated by that
Committee, will be prohibited.

Article 6

Permission to fly to and from the Community, or to overfly the
territory of the Member States, for aircraft having taken off
from, or destined to land at, a place in the territory of Afghani-
stan under Taliban control as designated by the UN Sanctions
Committee, will be refused under the conditions set out in
UNSCR 1333 (2000).

senior advisers and dignitaries of the Taliban under the condi-
tions set out in UNSCR 1333 (2000).

Article 8

The following Article shall be inserted after Article 1 in
Common Position 96/746/CFSP:

‘Article 1(a)

Article 1 shall not apply to supplies of non-lethal military
equipment intended solely for humanitarian or protective
use, and related technical assistance or
training, as
approved in advance by the UN Sanctions Committee, nor
shall it apply to protective clothing, including flak jackets
and military helmets, exported to Afghanistan by United
the media and
Nations personnel,
humanitarian workers for their personal use.’

representatives of

Article 9

This Common Position shall take effect on the date of its
adoption.

Article 10

This Common Position shall be published in the Official
Journal.

Article 7

Done at Brussels, 26 February 2001.

Member States shall take steps to restrict entry into, or transit
through their territory of all senior officials of the rank of
Deputy Minister or higher in the Taliban, the equivalent rank of
armed personnel under the control of the Taliban and other

For the Council

The President

A. LINDH