Council Common Position of 27 December 2001 on combating terrorism
Date: 2001-12-27
Institutions: Council of the European Union
Subjects: EU Member State, cooperation policy, economic sanctions, fight against crime, international cooperation, terrorism

L 344/90

EN

Official Journal of the European Communities

28.12.2001

(Acts adopted pursuant to Title V of the Treaty on European Union)

COUNCIL COMMON POSITION

of 27 December 2001

on combating terrorism

(2001/930/CFSP)

THE COUNCIL OF THE EUROPEAN UNION

HAS ADOPTED THIS COMMON POSITION:

Having regard to the Treaty on European Union, and in partic-
ular Articles 15 and 34 thereof,

Article 1

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

At its extraordinary meeting on 21 September 2001, the
European Council declared that terrorism is a real chal-
lenge to the world and to Europe and that the fight
against terrorism will be a priority objective of the Euro-
pean Union.

On 28 September 2001, the United Nations Security
Council adopted resolution 1373(2001), reaffirming that
terrorist acts constitute a threat to peace and security
and setting out measures aimed at combating terrorism
and in particular the fight against
the financing of
terrorism and the provision of safe havens for terrorists.

On 8 October 2001, the Council reaffirmed the deter-
mination of the EU and its Member States to play their
full part, in a coordinated manner, in the global coalition
against terrorism, under the aegis of the United Nations.
The Council also reiterated the Union's determination to
attack the sources which fund terrorism,
in close
cooperation with the United States.

On 19 October 2001, the European Council declared
that it is determined to combat terrorism in every form
throughout the world and that it will continue its efforts
international
coalition of
to strengthen the
community to combat terrorism in every shape and
form, for example by the increased cooperation between
responsible for combating
the operational
the intelligence services,
terrorism: Europol, Eurojust,
police forces and judicial authorities.

services

the

The wilful provision or collection, by any means, directly or
indirectly, of funds by citizens or within the territory of each of
the Member States of the European Union with the intention
that the funds should be used, or in the knowledge that they
are to be used,
in order to carry out terrorist acts shall be
criminalized.

Article 2

Funds and other financial assets or economic resources of:

— persons who commit, or attempt to commit, terrorist acts
or participate in or facilitate the commission of terrorist
acts;

— entities owned or controlled, directly or indirectly, by such

persons; and

— persons and entities acting on behalf of or under the direc-

tion of such persons and entities,

including funds derived or generated from property owned or
controlled directly or indirectly by such persons and associated
persons and entities, shall be frozen.

Article 3

Funds, financial assets or economic resources or financial or
other related services shall not be made available, directly or
indirectly, for the benefit of:

Action has already been taken to implement some of the
measures listed below.

— persons who commit or attempt to commit or facilitate or

participate in the commission of terrorist acts;

Under these extraordinary circumstances, action by the
Community is needed in order to implement some of
the measures listed below,

— entities owned or controlled, directly or indirectly, by such

persons; and

— persons and entities acting on behalf of or under the direc-

tion of such persons.

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Article 4

Measures shall be taken to suppress any form of support, active
or passive, to entities or persons involved in terrorist acts,
including measures aimed at suppressing the recruitment of
members of terrorist groups and eliminating the supply of
weapons to terrorists.

documents; traffic in arms, explosives or sensitive materials;
use of communication technologies by terrorist groups; and the
threat posed by the possession of weapons of mass destruction
by terrorist groups.

Article 12

Article 5

Steps shall be taken to prevent the commission of terrorist acts,
including by the provision of early warning among Member
States or between Member States and third States by exchange
of information.

Information shall be exchanged among Member States or
between Member States and third States in accordance with
international and national
law, and cooperation shall be
enhanced among Member States or between Member States
and third States on administrative and judicial matters to
prevent the commission of terrorist acts.

Article 6

Safe haven shall be denied to those who finance, plan, support,
or commit terrorist acts, or provide safe havens.

Article 7

Persons who finance, plan, facilitate or commit terrorist acts
shall be prevented from using the territories of the Member
States of
the European Union for those purposes against
Member States or third States or their citizens.

Article 8

Persons who participate in the financing, planning, preparation
or perpetration of terrorist acts or in supporting terrorist acts
shall be brought to justice; such terrorist acts shall be estab-
lished as serious criminal offences in laws and regulations of
Member States and the punishment shall duly reflect the seri-
ousness of such terrorist acts.

Article 9

Member States shall afford one another, as well as third States,
the greatest measure of assistance in connection with criminal
investigations or criminal proceedings relating to the financing
or support of terrorist acts in accordance with international
and domestic law, including assistance in obtaining evidence in
the possession of a Member State or a third State which is
necessary for the proceedings.

Article 10

terrorists or

terrorist groups

The movement of
shall be
prevented by effective border controls and controls on the
issuing of identity papers and travel documents, and through
measures for preventing counterfeiting, forgery or fraudulent
use of identity papers and travel documents. The Council notes
the Commission's intention to put forward proposals in this
area, where appropriate.

Article 11

Steps shall be taken to intensify and accelerate the exchange of
operational information, especially regarding actions or move-
ments of terrorist persons or networks; forged or falsified travel

Article 13

Cooperation among Member States or between Member States
and third States, particularly through bilateral and multilateral
arrangements and agreements, to prevent and suppress terrorist
attacks and take action against perpetrators of terrorist acts
shall be enhanced.

Article 14

Member States shall become parties as soon as possible to the
relevant international conventions and protocols relating to
terrorism listed in the Annex.

Article 15

Member States shall increase cooperation and fully implement
the relevant international conventions and protocols relating to
terrorism and United Nations Security Council Resolutions
1269(1999) and 1368(2001).

Article 16

Appropriate measures shall be taken in accordance with the
relevant provisions of national and international law, including
international
standards of human rights, before granting
refugee status, for the purpose of ensuring that the asylum-
seeker has not planned,
facilitated or participated in the
commission of terrorist acts. The Council notes the Commis-
sion's intention to put forward proposals in this area, where
appropriate.

Article 17

Steps shall be taken in accordance with international law to
ensure that refugee status is not abused by the perpetrators,
organisers or facilitators of terrorist acts and that claims of
political motivation are not recognised as grounds for refusing
requests for the extradition of alleged terrorists. The Council
notes the Commission's intention to put forward proposals in
this area, where appropriate.

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28.12.2001

Article 18

This Common Position shall take effect on the date of its adoption.

This Common Position shall be published in the Official Journal.

Article 19

Done at Brussels, 27 December 2001.

For the Council

The President

L. MICHEL

ANNEX

List of international conventions and protocols relating to terrorism referred to in Article 14

1. Convention on Offenses and Certain Other Offenses Committed on Board Aircraft — Tokyo 14.9.1963

2. Convention for the Unlawful Seizure of Aircraft — The Hague 16.12.1970

3. Convention for the Suppression of Unlawful Acts Against the Safety of Aircraft — Montreal 23.9.1971

4. Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons,

Including

Diplomatic Personnel — New York 14.12.1973

5. European Convention for the Suppression of Terrorism — Strasbourg 27.1.1977

6. Convention Against the Taking of Hostages — New York 17.12.1979

7. Convention on the Physical Protection of Nuclear Materials — Vienna 3.3.1980

8. Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Aviation, complementary
to the Convention for the Suppression of Unlawful Acts Against the Safety of Aircraft — Montreal 24.2.1988

9. Convention for the Suppression of unlawful Acts Against the Safety of Maritime Navigation — Rome 10.3.1988

10. Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms on the Continental Shelf —

Rome 10.3.1988

11. Convention on the Marking of Plastic Explosives for the Purpose of Detection — Montreal 1.3.1991

12. UN Convention for the Suppression of Terrorist Bombings — New York 15.12.1997

13. UN Convention for the Suppression of Financing of Terrorism — New York, 9.12.1999