Regulation 2001/467 - Council Regulation 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan - Main contents

official title

 

Legal instrument	Regulation
Number legal act	Regulation 2001/467
Original proposal	COM(2001)43
CELEX number i	32001R0467

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Council Regulation (EC) No 467/2001 of 6 March 2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan, and repealing Regulation (EC) No 337/2000

Official Journal L 067 , 09/03/2001 P. 0001 - 0023

Council Regulation (EC) No 467/2001

of 6 March 2001

prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan, and repealing Regulation (EC) No 337/2000

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 60 and 301 thereof,

Having regard to Council Common Position 2001/154/CFSP of 26 February 2001 concerning additional restrictive measures against the Taliban and amending Common Position 96/746/CFSP(1),

Having regard to the proposal from the Commission,

Whereas:

• (1) 

  On 19 December 2000, the United Nations Security Council adopted Resolution 1333 (2000) demanding, inter alia, that the Taliban comply with Resolution 1267 (1999), in particular by ceasing to provide sanctuary and training for international terrorists and their organisations and by handing over Usama Bin Ladin to the relevant authorities for trial.

• (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...

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