92001E3642

WRITTEN QUESTION P-3642/01

by Geoffrey Van Orden (PPE-DE) to the Council

(8 January 2002)

Subject: Terrorism

With reference to the Council Regulation on specific restrictive measures directed against certain persons and entities with a view to combating international terrorism(1) and the recommendation by the European Parliament that the Annex listing the actual groups or persons should be drawn up on the basis of a proposal by the Commission or a Member State, what steps are being taken by the Council to ensure that the terrorist groups which are actively engaged against EU Member States and candidate countries for EU membership (such as the IRA, UFF, PKK, DHKP-C, N 17 and ETA, for example) are included on the list of proscribed organisations?

(1) COM(2001) 569 C5-0665/2001 2001/0228(CNS).

Reply

(21 May 2002)

1. Pursuant to the United Nations Security Council Resolution 1373(2001), the EU legal framework for imposing sanctions, including the freezing of assets, on persons, groups and entities involved in terrorist acts is set out in the following instruments that the Council adopted on 27 December 2001:

(a) Council common position on combating terrorism (2001/930/CFSP), which takes up the obligations contained in the United Nations Security Council Resolution 1373(2001);

(b) Council common position on the application of specific measures to combat terrorism (2001/931/CFSP). In addition to establishing objective criteria for including a given name in the list of persons, groups and entities which are the subject of police and judicial cooperation and/or the freezing of assets, this common position includes at annex a first list of names;

(c) Council Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism, which sets out in particular the Community action needed to implement the CFSP aspects of the common position referred to above under (b);

(d) Council Decision establishing the list provided for in Article 2(3) of the Council Regulation abovementioned under (c) (2001/927/EC).

2. Among the groups mentioned by the Honourable Member, the Ulster Defence Association/Ulster Freedom Fighters (UDA/UFF), the Revolutionary Organisation 17 November and ETA have already been included on the first list attached to the common position mentioned under point 1(b). The groups in question are thus the subject of police and judicial cooperation between Member States in criminal matters.

3. That first list of persons, groups and entities involved in terrorist acts is to be reviewed at least once every six months, as provided for in Article 1(6) of the common position mentioned under point 1(b). During the updating process, experts analyse thoroughly the information available on each group, in order to assess that the respective file is sound in the sense that it complies with the objective criteria set out in Article 1(4) of the common position mentioned under point 1(b). Such objective criteria basically require an indication that a decision has been taken by a competent authority with regard to the persons, entities or groups in question, either due (i) to the investigation or prosecution for terrorist acts, or (ii) to credible evidence or clues concerning an attempt to commit, participate in or facilitate such terrorist acts, or (iii) to a condemnation for the acts in question.