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(2004/C 88 E/0498)

WRITTEN QUESTION E-0091/04

by Ilka Schröder (GUE/NGL) to the Commission

(21 January 2004)

Subject:   Effects of including Hamas on the list of terrorist organisations

Since September 2003 the EU has classified the Palestinian organisation Hamas as a terrorist organisation in its entirety (Common Position 2003/651/CFSP (1)), while its military wing Izz al-Din al-Qassem has been thus classified since December 2001. Under Common Position 2001/931/CFSP (2) inclusion on this list entails the freezing of financial and economic assets, joint assistance and police and judicial cooperation in criminal matters in combating terrorism. Under Regulation (EC) 2580/2001 (3) the financial and economic assets of persons and organisations included on the list are to be frozen; furthermore, no additional resources may be made available (except for humanitarian purposes).

In the view of Commissioner Patten, inclusion on the list means that the Member States offer each other ‘the widest possible assistance’ in preventing and combating terrorist acts through police and judicial cooperation in criminal matters and that the financial restrictions set out in Regulation 2580/2001 apply (see his answer to Written Question E-2774/03 (4) by Theresa Villiers).

Answer given by Mr Patten on behalf of the Commission

(12 March 2004)

The Commission notes that the decision to list Hamas in its entirety was a unanimous decision of the Council. As this decision is based on the Treaty on the European Union (Articles 15 and 34) the Member States are committed to ensuring that their national policies conform to the Common Position.

The Commission understands that the Honourable Member has also put the above questions to the Council (written question E-0090/04) and refers to the Council's answer for information about Member States' actions in the field of police and judicial cooperation, including information on freezing orders issued by judicial authorities. However, it might be useful to add that the Council Decision 2003/48/JHA of 19 December 2002 (5) on the implementation of specific measures for police and judicial cooperation to combat terrorism, was adopted to flesh out Article 4 of Common Position 2001/931/CFSP. This Decision aims at improving police and judicial co-operation regarding ‘terrorist offences’ which involve ‘any of the listed persons, groups or entities’, and in particular tries to ensure that Europol and Eurojust receive the information they need to carry out their tasks. It also calls on Member States to take the necessary measures to set up joint investigation teams in order to carry out criminal investigations into terrorist offences involving any of the listed persons, groups or entities and to ensure that in such cases requests for mutual assistance and recognition and enforcement of judgements are dealt with as a matter of urgency.

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, is directly applicable in all Member States and prohibits, inter alia, donations to Hamas (Article 2(l)(b)). The Regulation also obliges anyone under the jurisdiction of the Community to freeze funds and assets belonging to Hamas. The Commission has, however, not received any report that an account belonging to Hamas has been found in the Community.

Regulation (EC) No 2580/2001 does not require the freezing of funds and assets belonging to individuals which may have links with Hamas, unless such individuals are included in the relevant list. However, it is worth noting that this Regulation prohibits funds and economic resources being made available to or for the benefit of listed persons, groups and entities such as Hamas. That prohibition also applies where funds are indirectly made available. Furthermore, the Regulation also prohibits the participation in activities circumventing that prohibition.

The Commission understands that, with a view to curbing the financing of Hamas' terrorist activities more effectively, Member States are currently investigating whether a number of persons, groups and entities which may be linked to Hamas, should also be targeted by the financial restrictions of Regulation (EC) No 2580/2001. It understands that releasing any names at this stage would compromise these investigations.

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(1)OJ L 229, 13.9.2003, p. 42.

(2)OJ L 344, 28.12.2001, p. 93.

(3)OJ L 344, 28.12.2001, p. 70.

(4)OJ C 70 E, 20.3.2004, p. 140.

(5)OJ L 16, 22.1.2003.

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