WRITTEN QUESTION E-3375/01

by Gerhard Schmid (PSE) to the Commission

(7 December 2001)

Subject: Council Regulation on specific restrictive measures directed against certain persons and entities with a view to combating international terrorism

On 2 October 2001 the Commission submitted to Parliament the draft Council Regulation on specific restrictive measures directed against certain persons and entities with a view to combating international terrorism, which Parliament then approved with amendments at its sitting of 4 October 2001. The Regulation contains an annex listing 27 persons, entities and bodies whose funds are to be frozen.

Can the Commission answer the following:

1. Did it draw up this list on the basis of its own information or was it supplied? If so, by whom?

2. Was this list accompanied by supporting documents which might aid verification, and if so what documents were provided and by whom?

Answer given by Mr Patten on behalf of the Commission

(5 February 2002)

In the aftermath of the terrorist attacks in the United States on 11 September 2001, the American Government produced a list of 27 persons and entities, asking that measures be taken to freeze the latter's funds and to prohibit funds being made available to the latter. Realising that the existing legislative framework did not provide any possibility for such measures, the Commission made a proposal for new legislation on 2 October 2001. The United States was asked to provide additional information, but given the urgent need to expand the legislative framework, the list of 27 persons and entities was attached to that proposal.

The Commission would like to take this opportunity to thank again the Parliament for its very rapid examination and early opinion on its proposal of 2 October 2001(1).

Having been informed of the situation, the American Government put the list of 27 persons and entities to the Committee of the United Nations (UN) Security Council for sanctions in relation to Afghanistan. As a result, this Committee adopted that list on 8 October 2001. In accordance with Council Regulation (EC) No 467/2001 of 6 March 2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan, and repealing Regulation (EC) No 337/2000(2), the Commission thus had an obligation to publish that list(3).

One might argue that, since measures affecting the 27 persons and entities had been taken on the basis of Council Regulation (EC) No 467/2001, there was no need for a new legislative framework. The Commission, however, decided to maintain its proposal, primarily because Council Regulation (EC) No 467/2001 provides a basis for measures targeting persons and entities belonging to or linked to the Taliban and Al-Qaida only as set out in the relevant UN Security Council Resolutions. It is therefore not a sufficient basis for measures targeting terrorists or their backers in other countries or circumstances. Accordingly, the Commission proposal was amended on 30 November 2001(4). On that occasion, no new list of persons and entities whose funds should be frozen was included, since the Council had already decided that a list of persons and entities would be decided in the CFSP framework.

On 13 December 2001, the Parliament gave its opinion on a draft Regulation which did not contain a list of targeted persons and entities. On 27 December 2001, the Council adopted 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(5) and established an initial list in accordance with the procedure laid down in that Regulation (Council Decision 2001/927/EC of 27 December 2001(6)). At the same time it also adopted Common Positions 2001/930/CFSP(7), which accepts Resolution 1373(2001), and 2001/931/CFSP(8) which provides a basis for Community legislation based on Articles 60 (ex Article 73g) and 301 (ex Article 228a) of the EC Treaty.

(1) COM(2001) 569. Opinion given on 4 October 2001.

(2) OJ L 67, 9.3.2001.

(3) Commission Regulation (EC) No 1996/2001 of 11 October 2001 amending, for the second time, Council Regulation (EC) No 467/2001, OJ L 271, 12.10.2001.

(4) COM(2001) 713.

(5) OJ L 344, 28.12.2001.

(6) OJ L 344, 28.12.2001.

(7) OJ L 344, 28.12.2001.

(8) OJ L 344, 28.12.2001.