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Summaries of EU Legislation

Restrictive measures in view of the situation in Afghanistan

 

SUMMARY OF:

Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan

Regulation (EU) No 753/2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan

WHAT IS THE AIM OF THE DECISION AND THE REGULATION?

They are part of the European Union’s (EU) common foreign and security policy (CFSP) toolbox, promoting the CFSP objectives by providing the legal basis for EU sanctions against the Taliban in Afghanistan, and other individuals, groups, undertakings and entities associated with them.

KEY POINTS

The decision and the regulation have been amended numerous times. They include a range of bans and restrictions targeting those constituting a threat to the peace, stability and security of Afghanistan, the Taliban along with individuals and groups associated with them, identified by the UN Sanctions Committee established by the UN Security Council resolution 1988 (2011) including:

  • an arms embargo on the supply, sale, export or transfer of military equipment, including any related technical advice, assistance or training, for such individuals, groups, undertakings, entities or bodies;
  • prohibition of directly or indirectly providing technical assistance related to the goods and technology listed in the common military list, or related to the provision, manufacture, maintenance and use of goods included in that list, to such individuals, groups, undertakings, entities or bodies;
  • a refusal of entry into, or transit through, EU territory for such individuals, groups, undertakings, entities or bodies;
  • freezing of funds*, other financial assets and economic resources* of such individuals, groups, undertakings, entities or bodies;
  • prohibition of any attempts to evade the sanctions.

Exemptions

The decision and the regulation both contain certain exemptions from the bans and restrictions. These include funds, under certain conditions, to pay:

  • basic needs, such as food and medical expenses, for the individuals listed and their dependent family members;
  • professional fees and service charges;
  • extraordinary expenses.

The legislation covers:

  • the EU, including its airspace;
  • aircraft and vessels under an EU Member State’s jurisdiction;
  • EU nationals and businesses.

The annex to the decision includes, with grounds for their inclusion, a list of individuals (section A) and entities and other groups and undertakings (section B) associated with the Taliban.

The Council of the European Union shall set out the list contained in the annex and amend it in accordance with determinations made by either the UN Security Council or the UN Sanctions Committee.

Member States and the European Commission inform each other immediately of measures they take under the legislation and supply each other with relevant information.

Member States determine suitable penalties for violation of the legislation and take every measure to ensure the sanctions are implemented.

FROM WHEN DO THE DECISION AND THE REGULATION APPLY?

Decision 2011/486/CFSP has applied since 1 August 2011.

Regulation (EU) No 753/2011 has applied since 2 August 2011.

BACKGROUND

For further information, see:

KEY TERMS

Funds. Financial assets and benefits of every kind.
Economic resources. All tangible and intangible assets.

MAIN DOCUMENTS

Council Decision 2011/486/CFSP of 1 August 2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan (OJ L 199, 2.8.2011, pp. 57–72).

Successive amendments to Decision 2011/486/CFSP have been incorporated into the original text. This consolidated version is of documentary value only.

Council Regulation (EU) No 753/2011 of 1 August 2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan (OJ L 199, 2.8.2011, pp. 1–22).

See consolidated version.

RELATED DOCUMENTS

Consolidated version of the Treaty on European Union – Title V – General provisions on the Union’s external action and specific provisions on the common foreign and security policy – Chapter 2 – Specific provisions on the common foreign and security policy – Section 1 – Common provisions – Article 29 (ex Article 15 TEU) (OJ C 202, 7.6.2016, p. 33).

Consolidated version of the Treaty on the Functioning of the European Union – Part Five – The Union’s external action – Title IV – Restrictive measures – Article 215 (ex Article 301 TEC) (OJ C 202, 7.6.2016, p. 144).

Common military list of the European Union (OJ C 69, 18.3.2010, pp. 19–51).

last update 05.04.2023

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