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Document 02001R2580-20220413
Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism
Consolidated text: Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism
Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism
02001R2580 — EN — 13.04.2022 — 013.001
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COUNCIL REGULATION (EC) No 2580/2001 of 27 December 2001 (OJ L 344 28.12.2001, p. 70) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 106 |
22 |
29.4.2003 |
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L 197 |
16 |
28.7.2005 |
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L 314 |
16 |
30.11.2005 |
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COMMISSION REGULATION (EC) No 1461/2006 of 29 September 2006 |
L 272 |
11 |
3.10.2006 |
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L 363 |
1 |
20.12.2006 |
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COMMISSION IMPLEMENTING REGULATION (EU) No 1250/2012 of 20 December 2012 |
L 352 |
40 |
21.12.2012 |
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L 158 |
1 |
10.6.2013 |
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COMMISSION IMPLEMENTING REGULATION (EU) No 646/2013 of 4 July 2013 |
L 187 |
4 |
6.7.2013 |
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L 259I |
1 |
27.9.2016 |
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L 295 |
3 |
14.11.2017 |
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COMMISSION IMPLEMENTING REGULATION (EU) 2019/1163 of 5 July 2019 |
L 182 |
33 |
8.7.2019 |
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COMMISSION IMPLEMENTING REGULATION (EU) 2022/595 of 11 April 2022 |
L 114 |
60 |
12.4.2022 |
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Amended by:
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L 236 |
33 |
23.9.2003 |
COUNCIL REGULATION (EC) No 2580/2001
of 27 December 2001
on specific restrictive measures directed against certain persons and entities with a view to combating terrorism
Article 1
For the purpose of this Regulation, the following definitions shall apply:
‘Funds, other financial assets and economic resources’ means assets of every kind, whether tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets, including, but not limited to, bank credits, travellers' cheques, bank cheques, money orders, shares, securities, bonds, drafts and letters of credit.
‘Freezing of funds, other financial assets and economic resources’ means the prevention of any move, transfer, alteration, use of or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character, destination or other change that would enable the funds to be used, including portfolio management.
‘Financial services’ means any service of a financial nature, including all insurance and insurance-related services, and all banking and other financial services (excluding insurance) as follows:
Insurance and insurance-related services
Direct insurance (including co-insurance):
life assurance;
non-life;
Reinsurance and retrocession;
Insurance intermediation, such as brokerage and agency;
Services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services.
Banking and other financial services (excluding insurance)
Acceptance of deposits and other repayable funds;
Lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transaction;
Financial leasing;
All payment and money transmission services, including credit, charge and debit cards, travellers' cheques and bankers' drafts;
Guarantees and commitments;
Trading for own account or for account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following:
money market instruments (including cheques, bills, certificates of deposits);
foreign exchange;
derivative products including, but not limited to, futures and options;
exchange rate and interest rate instruments, including products such as swaps and forward rate agreements;
transferable securities;
other negotiable instruments and financial assets, including bullion;
Participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues;
Money brokering;
Asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial, depository and trust services;
Settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments;
Provision and transfer of financial information, and financial data processing and related software by suppliers of other financial services;
Advisory, intermediation and other auxiliary financial services on all the activities listed in subparagraphs (v) to (xv), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy.
For the purposes of this Regulation, the definition of ‘terrorist act’ shall be the one contained in Article 1(3) of Common Position 2001/931/CFSP.
‘Owning a legal person, group or entity’ means being in possession of 50 % or more of the proprietary rights of a legal person, group or entity, or having a majority interest therein.
‘Controlling a legal person, group or entity’ means any of the following:
having the right to appoint or remove a majority of the members of the administrative, management or supervisory body of such legal person, group or entity;
having appointed solely as a result of the exercise of one's voting rights a majority of the members of the administrative, management or supervisory bodies of a legal person, group or entity who have held office during the present and previous financial year;
controlling alone, pursuant to an agreement with other shareholders in or members of a legal person, group or entity, a majority of shareholders' or members' voting rights in that legal person, group or entity;
having the right to exercise a dominant influence over a legal person, group or entity, pursuant to an agreement entered into with that legal person, group or entity, or to a provision in its Memorandum or Articles of Association, where the law governing that legal person, group or entity permits its being subject to such agreement or provision;
having the power to exercise the right to exercise a dominant influence referred to in point (d), without being the holder of that right;
having the right to use all or part of the assets of a legal person, group or entity;
managing the business of a legal person, group or entity on a unified basis, while publishing consolidated accounts;
sharing jointly and severally the financial liabilities of a legal person, group or entity, or guaranteeing them.
Article 2
Except as permitted under Articles 5 and 6:
all funds, other financial assets and economic resources belonging to, or owned or held by, a natural or legal person, group or entity included in the list referred to in paragraph 3 shall be frozen;
no funds, other financial assets and economic resources shall be made available, directly or indirectly, to, or for the benefit of, a natural or legal person, group or entity included in the list referred to in paragraph 3.
The Council, acting by unanimity, shall establish, review and amend the list of persons, groups and entities to which this Regulation applies, in accordance with the provisions laid down in Article 1(4), (5) and (6) of Common Position 2001/931/CFSP; such list shall consist of:
natural persons committing, or attempting to commit, participating in or facilitating the commission of any act of terrorism;
legal persons, groups or entities committing, or attempting to commit, participating in or facilitating the commission of any act of terrorism;
legal persons, groups or entities owned or controlled by one or more natural or legal persons, groups or entities referred to in points(i) and (ii); or
natural legal persons, groups or entities acting on behalf of or at the direction of one or more natural or legal persons, groups or entitiesreferred to in points (i) and (ii).
▼M10 —————
Article 3
Article 4
Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy and to the provisions of Article 284 of the Treaty, banks, other financial institutions, insurance companies, and other bodies and persons shall:
Article 5
The competent authorities of the Member States listed in the Annex may grant specific authorisations, under such conditions as they deem appropriate, in order to prevent the financing of acts of terrorism, for
the use of frozen funds for essential human needs of a natural person included in the list referred to in Article 2(3) or a member of his family, including in particular payments for foodstuffs, medicines, the rent or mortgage for the family residence and fees and charges concerning medical treatment of members of that family, to be fulfilled within the Community;
payments from frozen accounts for the following purposes:
payment of taxes, compulsory insurance premiums and fees for public utility services such as gas, water, electricity and telecommunications to be paid in the Community; and
payment of charges due to a financial institution in the Community for the maintenance of accounts;
payments to a person, entity or body person included in the list referred to in Article 2(3), due under contracts, agreements or obligations which were concluded or arose before the entry into force of this Regulation provided that those payments are made into a frozen account within the Community.
Article 6
Notwithstanding the provisions of Article 2 and with a view to the protection of the interests of the Community, which include the interests of its citizens and residents, the competent authorities of a Member State may grant specific authorisations:
after consultation with the other Member States, the Council and the Commission in accordance with paragraph 2.
The competent authority which intends to grant a specific authorisation shall take due account of comments made within two weeks by other Member States, the Council and the Commission.
Article 7
The Commission shall be empowered, on the basis of information supplied by Member States, to amend the Annex.
Article 8
The Member States, the Council and the Commission shall inform each other of the measures taken under this Regulation and supply each other with the relevant information at their disposal in connection with this Regulation, notably information received in accordance with Articles 3 and 4, and in respect of violation and enforcement problems or judgments handed down by national courts.
Article 9
Each Member State shall determine the sanctions to be imposed where the provisions of this Regulation are infringed. Such sanctions shall be effective, proportionate and dissuasive.
Article 10
This Regulation shall apply:
within the territory of the Community, including its airspace,
on board any aircraft or any vessel under the jurisdiction of a Member State,
to any person elsewhere who is a national of a Member State,
to any legal person, group or entity incorporated or constituted under the law of a Member State,
to any legal person, group or entity doing business within the Community.
Article 11
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX
LIST OF COMPETENT AUTHORITIES REFERRED TO IN ARTICLES 3, 4 AND 5
BELGIUM
https://diplomatie.belgium.be/en/policy/policy_areas/peace_and_security/sanctions
BULGARIA
https://www.mfa.bg/en/EU-sanctions
CZECHIA
www.financnianalytickyurad.cz/mezinarodni-sankce.html
DENMARK
http://um.dk/da/Udenrigspolitik/folkeretten/sanktioner/
GERMANY
https://www.bmwi.de/Redaktion/DE/Artikel/Aussenwirtschaft/embargos-aussenwirtschaftsrecht.html
ESTONIA
https://vm.ee/et/rahvusvahelised-sanktsioonid
IRELAND
https://www.dfa.ie/our-role-policies/ireland-in-the-eu/eu-restrictive-measures/
GREECE
http://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html
SPAIN
https://www.exteriores.gob.es/es/PoliticaExterior/Paginas/SancionesInternacionales.aspx
FRANCE
http://www.diplomatie.gouv.fr/fr/autorites-sanctions/
CROATIA
https://mvep.gov.hr/vanjska-politika/medjunarodne-mjere-ogranicavanja/22955
ITALY
https://www.esteri.it/it/politica-estera-e-cooperazione-allo-sviluppo/politica_europea/misure_deroghe/
CYPRUS
https://mfa.gov.cy/themes/
LATVIA
http://www.mfa.gov.lv/en/security/4539
LITHUANIA
http://www.urm.lt/sanctions
LUXEMBOURG
https://maee.gouvernement.lu/fr/directions-du-ministere/affaires-europeennes/organisations-economiques-int/mesures-restrictives.html
HUNGARY
https://kormany.hu/kulgazdasagi-es-kulugyminiszterium/ensz-eu-szankcios-tajekoztato
MALTA
https://foreignandeu.gov.mt/en/Government/SMB/Pages/SMB-Home.aspx
NETHERLANDS
https://www.rijksoverheid.nl/onderwerpen/internationale-sancties
AUSTRIA
https://www.bmeia.gv.at/themen/aussenpolitik/europa/eu-sanktionen-nationale-behoerden/
POLAND
https://www.gov.pl/web/dyplomacja/sankcje-miedzynarodowe
https://www.gov.pl/web/diplomacy/international-sanctions
PORTUGAL
https://www.portaldiplomatico.mne.gov.pt/politica-externa/medidas-restritivas
ROMANIA
http://www.mae.ro/node/1548
SLOVENIA
http://www.mzz.gov.si/si/omejevalni_ukrepi
SLOVAKIA
https://www.mzv.sk/europske_zalezitosti/europske_politiky-sankcie_eu
FINLAND
https://um.fi/pakotteet
SWEDEN
https://www.regeringen.se/sanktioner
Address for notifications to the European Commission:
European Commission
Directorate-General for Financial Stability, Financial Services and Capital Markets Union (DG FISMA)
Rue de Spa 2
B-1049 Brussels, Belgium
E-mail: relex-sanctions@ec.europa.eu