Considerations on COM(2001)43 - Proposal for aCouncil Regulationprohibiting the exportation of certain goods and services to Afghanistan, strengthening the flight ban and freeze of funds and other financial resources in respect of the Taliban of Afghanistan - Main contents
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| dossier | COM(2001)43 - Proposal for aCouncil Regulationprohibiting the exportation of certain goods and services to Afghanistan, strengthening the ... |
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| document | COM(2001)43  |
| date | March 6, 2001 |
(2) The Security Council decided, inter alia, that the flight ban and the freezing of funds, which were imposed pursuant to its Resolution 1267 (1999), should be strengthened and that a number of additional measures should be applied against the Taliban, in particular on exporting certain goods, a prohibition on providing certain technical advice and training, and the forced closure of Taliban and Ariana Afghan Airlines offices.
(3) These measures 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. For the purpose of this Regulation, the territory of the Community is deemed to encompass 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, the names and other relevant data with regard to persons, entities and bodies whose funds should be frozen further to a designation by the UN authorities, a description of the territory of Afghanistan under Taliban control as designated by the UN authorities, and the list of organisations and governmental relief agencies that are allowed to execute humanitarian flights to Afghanistan, should be made publicly known and a procedure should be established within the Community to amend these lists.
(5) The competent authorities of the Member States should, where necessary, be empowered to ensure compliance with the provisions of this Regulation on the freezing of funds and financial resources.
(6) UN Security Council Resolutions 1267 (1999) and 1333 (2000) provide that the Taliban Sanctions Committee may grant exemptions to the freezing of funds, to the flight ban and to the prohibition to export certain services. Therefore, provision needs to be made to render such exemptions applicable throughout the Community.
(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 notification or information by the UN Security Council, the Taliban Sanctions Committee and the Member States, as appropriate.
(8) 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 this Regulation, and cooperate with the Taliban Sanctions Committee, in particular by supplying information to it.
(9) Breaches of this Regulation should be subject to sanctions and Member States should impose appropriate sanctions to that end. It is, moreover, desirable that sanctions for breaches of this Regulation can be imposed as of the date of entry into force of this Regulation and that, if there is prima facie evidence, Member States institute proceedings against any persons, entities or bodies under their jurisdiction that have breached any of these provisions.
(10) For reasons of transparency and simplicity, the interruption or reduction of economic relations with Afghanistan should be governed by one legal instrument. Therefore, the provisions of 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(2), should be incorporated in this Regulation, and that Regulation should be repealed.