WRITTEN QUESTION E-1677/02

by Charles Tannock (PPE-DE) to the Commission

(12 June 2002)

Subject: Listing of terrorist organisations

Can the Commission confirm that the European Union has recently decided to list the Kurdish Workers Party (PKK) and the Revolutionary People's Liberation Party and Front (DHKP-C) as terrorist organisations, and, if so, what are the legal implications for those organisations?

Is it correct that Hezbollah has not been listed because it carries out political activities? If so, does not the European Union accept that an organisation which operates at a political level can also carry out terrorist attacks and that use of such tactics is a sufficient condition for it being listed as a terrorist organisation?

Finally, which organisations listed by the EU are not listed by the US, and vice versa?

Answer given by Mr Patten on behalf of the Commission

(10 July 2002)

Pursuant to Resolution 1373(2001) of the Security Council of the United Nations, Common Position 2002/931/CFSP(1) provides for the application of specific measures to combat terrorism. Such measures may lead to the freezing of funds, other financial assets or economic resources of persons, groups and entities on the basis of specific Community legislation. The measures may also entail, through police and judicial co-operation in criminal mattters within the framework of Title VI of the Treaty on European Union, mutual assistance by Member States in combating and preventing terrorist acts.

By means of Common Position 2002/340/CFSP of 2 May 2002(2) the Council has updated the list of persons, groups and entities subject to these measures. On that occasion the Council has included the Kurdistan Workers' Party (PKK) and Revolutionary People's Liberation Army/Front/Party (DHKP/C or Devrimci Sol) in its lists.

At the same time it also updated the list implementing Article 2(3) of Council Regulation (EC) No 2580/2001, which contains the freezing measures. As a result the funds, other financial assets or economic resources belonging to these groups or entities will be frozen and no funds, other financial assets or economic resources shall be made available to them. Exceptions may, however, be made by the competent authorities in accordance with Regulation (EC) No 2580/2001.

There are certain differences between the Union and United States lists. The Union applies the criteria set out in Common Position 2001/931/CFSP. As a result the Union list of groups and entities is still shorter than the United States one. However, it also contains some groups and entities the United States had not listed at the time of decision-making (e.g. Askatasuna and International Sikh Youth Federation).

The criteria set out in Common Position 2001/931/CFSP support the conclusion that a group or entity carrying out terrorist attacks may be listed, irrespective of political or other activities which that group or entity may carry out.

It is expected that the Council will continue to add to its lists as a number of proposals are still pending and new proposals will be made. The Commission is binded by the internal rules of the clearing house exercise and can't therefore comment on the grounds for inclusion in the lists of persons, groups and entities included therein and on the prospects of inclusion of any person, group or entity in the Council's lists. The Commission takes this opportunity to stress that each Member State has a right of initiative in this very sensitive matter and that decisions are made by unanimity.

(1) OJ L 344, 28.12.2001.

(2) OJ L 116, 3.5.2002.