Council Regulation (EC) No 561/2003 of 27 March 2003 amending, as regards exceptions to the freezing of funds and economic resources, Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban
Date: 2003-03-27
Institutions: Council of the European Union
Subjects: Afghanistan, economic sanctions, international sanctions, terrorism

29.3.2003

EN

Official Journal of the European Union

L 82/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 561/2003

of 27 March 2003

amending, as regards exceptions to the freezing of funds and economic resources, Regulation (EC)
No 881/2002 imposing certain specific restrictive measures directed against certain persons and
entities associated with Usama bin Laden, the Al-Qaida network and the Taliban

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European Commu-
nity, and in particular Articles 60, 301 and 308 thereof,

Having regard to Council Common Position 2002/402/CFSP 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 (1),

Having regard to Council Common Position 2003/140/CFSP of
27 February 2003 concerning exceptions to the restrictive
measures imposed by Common Position 2002/402/CFSP (2),

Having regard to the proposal from the Commission (3),

Having regard to the opinion of the European Parliament (4),

Whereas:

(1)

(2)

(3)

Common Position 2002/402/CFSP provides,
inter alia,
that the European Community is to take certain restric-
tive measures,
funds and
economic resources,
in accordance with Resolutions
1267 (1999), 1333 (2000) and 1390 (2002) of the
Security Council of the United Nations.

including the freezing of

The freezing of funds and economic resources has been
implemented by means of Council Regulation (EC) No
881/2002 (5).

By means of its Resolution 1452 (2002) of 20 December
2002, the Security Council permitted certain exceptions
to the freezing of funds and economic resources under
Resolutions 1267 (1999), 1333 (2000) and 1390
(2002).

(4)

In view of Resolution 1452 (2002) it is necessary to
adjust the measures imposed by the Community,

(1) OJ L 139, 29.5.2002, p. 4.
(2) OJ L 53, 28.2.2003, p. 62.
(3) Proposal of 3.2.2003 (not yet published in the Official Journal).
(4) Proposal of 13.3.2003 (not yet published in the Official Journal).
(5) OJ L 139, 29.5.2002, p. 9; Regulation as last amended by Commis-

sion Regulation (EC) No 414/2003 (OJ L 62, 6.3.2003, p. 24).

Article 1

The following Article shall be inserted in Regulation (EC) No
881/2002:

‘Article 2a

Article 2 shall not apply to funds or economic

1.
resources where:

(a) any of the competent authorities of the Member States,
as listed in Annex II, has determined, upon a request
made by an interested natural or legal person, that
these funds or economic resources are:

(i) necessary to cover basic

including
payments for foodstuffs, rent or mortgage, medi-
insurance
cines and medical
premiums, and public utility charges;

treatment,

expenses,

taxes,

(ii) intended exclusively for payment of reasonable
professional fees and reimbursement of incurred
legal
expenses associated with the provision of
services;

(iii) intended exclusively for payment of fees or service
charges for the routine holding or maintenance of
frozen funds or frozen economic resources; or

(iv) necessary for extraordinary expenses; and

(b) such determination has been notified to the Sanctions

Committee; and

(c)

(i) in the case of a determination under point (a)(i), (ii)
or (iii), the Sanctions Committee has not objected
to the determination within 48 hours of notifica-
tion; or

(ii) in the case of a determination under point (a)(iv),
the Sanctions Committee has approved the determi-
nation.

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Official Journal of the European Union

29.3.2003

Any person wishing to benefit from the provisions
2.
referred to in paragraph 1 shall address its request to the
relevant competent authority of the Member State as listed
in Annex II.

The competent authority listed in Annex II shall promptly
notify both the person that made the request, and any
other person, body or entity known to be directly
concerned,
the request has been
granted.

in writing, whether

The competent authority shall also inform other Member
States whether the request for such an exception has been
granted.

3.
Funds released and transferred within the Community
in order to meet expenses or recognised by virtue of this
Article shall not be subject to further restrictive measures
pursuant to Article 2.

Article 2(2) shall not apply to the addition to frozen

4.
accounts of:

(a) interest or other earnings due on those accounts; or

(b) payments due under contracts, agreements or obliga-
tions that arose prior to the date on which those
accounts became subject
to the provisions of UN
Security Council resolutions implemented successively
through Regulation (EC) No 337/2000 (*), Regulation
(EC) No 467/2001 (**) or this Regulation.

(*) OJ L 43, 16.2.2000, p. 1; Regulation as
amended by Regulation (EC) No 467/2001.
(**) OJ L 67, 9.3.2001, p. 1; Regulation as
amended by Regulation (EC) No 881/2002.

last

last

In the same manner as the account to which they are added,
such interest, other earnings and payments shall also be
frozen.’

Article 2

This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 March 2003.

For the Council

The President

M. STRATAKIS