Council Common Position of 27 May 2002 concerning restrictive measures against Usama bin Laden, members of the Al-Qaida organisation and the Taliban and other individuals, groups, undertakings and entities associated with them and repealing Common Positions 96/746/CFSP, 1999/727/CFSP, 2001/154/CFSP and 2001/771/CFSP
Date: 2002-05-27
Institutions: Council of the European Union
Subjects: Afghanistan, common foreign and security policy, international sanctions, terrorism

L 139/4

EN

Official Journal of the European Communities

29.5.2002

COUNCIL COMMON POSITION

of 27 May 2002

concerning restrictive measures against Usama bin Laden, members of the Al-Qaida organisation
and the Taliban and other individuals, groups, undertakings and entities associated with them and
repealing Common Positions 96/746/CFSP, 1999/727/CFSP, 2001/154/CFSP and 2001/771/CFSP

(2002/402/CFSP)

THE COUNCIL OF THE EUROPEAN UNION,

(8)

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

For the sake of clarity and transparency, those European
Union restrictive measures as referred to in the relevant
Council Common Positions should be compiled in one
legal instrument and therefore Common Positions 96/
746/CFSP (1), 1999/727/CFSP (2), 2001/154/CFSP (3) and
2001/771/CFSP (4) should be repealed.

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

On 19 October 2001, the European Council declared
that it is determined to combat terrorism in every form
throughout the world and that it will continue its efforts
to strengthen the
international
coalition of
community to combat terrorism in every shape and
form.

the

On 16 January 2002 the United Nations Security
Council adopted Resolution 1390(2002), hereinafter
referred to as ‘UNSCR 1390(2002)’, setting out measures
to be imposed against Usama bin Laden, members of the
Al-Qaida organisation and the Taliban and other individ-
uals, groups, undertakings and entities associated with
them.

UNSCR 1390(2002) adjusts the scope of the sanctions
concerning the freezing of funds, the visa ban and the
embargo on supply, sale or transfer of arms as well as
on technical advice, assistance or training related to
military activities imposed by UNSCR 1267(1999) and
1333(2000).

In accordance with paragraph 3 of UNSCR 1390(2002),
the above measures will be reviewed by the UN Security
Council 12 months after adoption of the resolution and
at the end of this period the Security Council will either
allow the measures to continue or decide to improve
them.

UNSCR 1390(2002) imposes a travel ban on Usama bin
Laden, members of the Al-Qaida organisation and the
Taliban and other individuals associated with them.

The sanctions concerning the flight ban and the
embargo on acetic anhydride sale imposed by UNSCR
1267(1999) and 1333(2000) are no longer in force in
accordance with paragraph 23 of UNSCR 1333(2000)
and paragraph 1 of UNSCR 1390(2002). Moreover, all
restrictive measures against Ariana Afghan Airlines were
terminated by UNSCR 1388(2002) of 15 January 2002.

(9)

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

HAS ADOPTED THIS COMMON POSITION:

Article 1

This Common Position applies to Usama bin Laden, members
of the Al-Qaida organisation and the Taliban and other individ-
uals, groups, undertakings and entities associated with them, as
referred to in the list drawn up pursuant
to UNSCR
1267(1999) and 1333(2000) to be updated regularly by the
Committee established pursuant to UNSCR 1267(1999).

Article 2

The direct or indirect supply, sale and transfer to the
1.
individuals, groups, undertakings and entities referred to in
Article 1 of arms and related materiel of all types including
weapons and ammunition, military vehicles and equipment,
paramilitary equipment, and spare parts for the aforemen-
tioned, from the territories of the Member States, or using their
flag vessels or aircraft, or by nationals of Member States
outside their territories, under the conditions set out in UNSCR
1390(2002), shall be prohibited.

2. Without prejudice to the powers of Member States in the
exercise of their public authority, the European Community,
acting within the limits of the powers conferred on it by the
Treaty establishing the European Community, shall prevent the
direct or indirect supply, sale and transfer to the individuals,
groups, undertakings and entities referred to in Article 1 of
technical advice, assistance, or training related to military activ-
ities from the territories of the Member States, or using their
flag vessels or aircraft, or by nationals of Member States
outside their territories, under the conditions set out in UNSCR
1390(2002).

(7)

Therefore,
the European Union restrictive measures
adopted pursuant to UNSCR and 1333(2000) should be
adjusted in accordance with UNSCR 1390(2002).

(1) OJ L 342, 31.12.1996, p. 1.
(2) OJ L 294, 16.11.1999, p. 1.
(3) OJ L 57, 27.2.2001, p. 1.
(4) OJ L 289, 6.11.2001, p. 36.

29.5.2002

EN

Official Journal of the European Communities

L 139/5

Article 3

Article 5

The European Community, acting within the limits of the
powers conferred on it by the Treaty establishing the European
Community:

— shall order the freezing of the funds and other financial
assets or economic resources of the individuals, groups,
undertakings and entities referred to in Article 1,

funds,

— shall ensure that

financial assets or economic
resources will not be made available, directly or indirectly,
to or for the benefit of the individuals, groups, undertakings
and entities referred to in Article 1.

Common Positions 96/746/CFSP, 1999/727/CFSP, 2001/154/
CFSP and 2001/771/CFSP are hereby repealed.

Article 6

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

This Common Position shall be kept under constant review.

Article 7

This Common Position shall be published in the Official
Journal.

Article 4

Done at Brussels, 27 May 2002.

Member States shall take the necessary measures to prevent the
entry into, or transit through, their territories of the individuals
referred to in Article 1 under the conditions set out in para-
graph 2(b) of UNSCR 1390(2002).

For the Council

The President

M. ARIAS CAÑETE