Council Common Position of 27 December 2001 on the application of specific measures to combat terrorism
Date: 2001-12-27
Institutions: Council of the European Union
Subjects: application of EU law, economic sanctions, fight against crime, terrorism

28.12.2001

EN

Official Journal of the European Communities

L 344/93

COUNCIL COMMON POSITION

of 27 December 2001

on the application of specific measures to combat terrorism

(2001/931/CFSP)

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

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
laying out
Council adopted Resolution 1373(2001)
wide-ranging strategies to combat
terrorism and in
particular the fight against the financing of terrorism.

On 8 October 2001, the Council reiterated the Union's
determination to attack the
sources which fund
terrorism, in close cooperation with the United States.

On 26 February 2001, pursuant to UNSC Resolution
the Council adopted Common Position
1333(2000),
2001/154/CFSP (1) which provides inter alia for
the
freezing of funds of Usama bin Laden and individuals
and entities associated with him. Consequently, those
persons, groups and entities are not covered by this
Common Position.

The European Union should take additional measures in
order to implement UNSC Resolution 1373(2001).

Member States have transmitted to the European Union
the information necessary to implement some of those
additional measures.

Action by the Community is necessary in order to
implement some of those additional measures; action by
the Member States is also necessary, in particular as far
as the application of
forms of police and judicial
cooperation in criminal matters is concerned,

For the purposes of this Common Position,
2.
groups and entities involved in terrorist acts’ shall mean:

‘persons,

— persons who commit, or attempt to commit, terrorist acts
the commission of

or who participate in, or facilitate,
terrorist acts,

— groups and entities owned or controlled directly or indir-
ectly by such persons; and persons, groups and entities
acting on behalf of, or under the direction of, such persons,
groups and entities, including funds derived or generated
from property owned or controlled directly or indirectly by
such persons and associated persons, groups and entities.

3.
For the purposes of this Common Position, ‘terrorist act’
shall mean one of the following intentional acts, which, given
its nature or its context, may seriously damage a country or an
international organisation, as defined as an offence under
national

law, where committed with the aim of:

(i) seriously intimidating a population, or

(ii) unduly compelling a Government or an international
organisation to perform or abstain from performing any
act, or

(iii) seriously destabilising or destroying the fundamental polit-
ical, constitutional, economic or social structures of a
country or an international organisation:

(a) attacks upon a person's life which may cause death;

(b) attacks upon the physical

integrity of a person;

(c) kidnapping or hostage taking;

(d) causing extensive destruction to a Government or
public facility, a transport system, an infrastructure
facility, including an information system, a fixed plat-
form located on the continental shelf, a public place or
private property,
likely to endanger human life or
result in major economic loss;

HAS ADOPTED THIS COMMON POSITION:

(e) seizure of aircraft, ships or other means of public or

Article 1

1.
This Common Position applies in accordance with the
provisions of the following Articles to persons, groups and
entities involved in terrorist acts and listed in the Annex.

(1) OJ L 57, 27.2.2001, p. 1.

goods transport;

(f) manufacture, possession, acquisition, transport, supply
or use of weapons, explosives or of nuclear, biological
or chemical weapons, as well as research into, and
development of, biological and chemical weapons;

(g) release of dangerous

substances, or causing fires,
explosions or floods the effect of which is to endanger
human life;

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(h) interfering with or disrupting the supply of water,
power or any other fundamental natural resource, the
effect of which is to endanger human life;

(i) threatening to commit any of the acts listed under (a)

to (h);

(j) directing a terrorist group;

Article 2

The European Community, acting within the limits of the
powers conferred on it by the Treaty establishing the European
Community, shall order the freezing of the funds and other
financial assets or economic resources of persons, groups and
entities listed in the Annex.

(k) participating in the activities of a terrorist group,
including by
information or material
resources, or by funding its activities in any way, with
knowledge of
that such participation will
contribute to the criminal activities of the group.

supplying

the fact

For the purposes of this paragraph, ‘terrorist group’ shall mean
a structured group of more than two persons, established over
a period of time and acting in concert to commit terrorist acts.
‘Structured group’ means a group that is not randomly formed
for the immediate commission of a terrorist act and that does
not need to have formally defined roles for its members,
continuity of its membership or a developed structure.

4.
The list in the Annex shall be drawn up on the basis of
precise information or material in the relevant file which indi-
cates that a decision has been taken by a competent authority
in respect of the persons, groups and entities concerned, irres-
pective of whether it concerns the instigation of investigations
or prosecution for a terrorist act, an attempt to perpetrate,
participate in or facilitate such an act based on serious and
credible evidence or clues, or condemnation for such deeds.
Persons, groups and entities identified by the Security Council
of the United Nations as being related to terrorism and against
whom it has ordered sanctions may be included in the list.

For the purposes of this paragraph ‘competent authority’ shall
mean a judicial authority, or, where judicial authorities have no
competence in the area covered by this paragraph, an equiva-
lent competent authority in that area.

5.
The Council shall work to ensure that names of natural
or legal persons, groups or entities listed in the Annex have
sufficient particulars appended to permit effective identification
of specific human beings, legal persons, entities or bodies, thus
facilitating the exculpation of those bearing the same or similar
names.

6.
The names of persons and entities on the list in the
Annex shall be reviewed at regular intervals and at least once
every six months to ensure that there are grounds for keeping
them on the list.

Article 3

The European Community, acting within the limits of the
powers conferred on it by the Treaty establishing the European
Community,
financial assets or
economic resources or financial or other related services will
not be made available, directly or indirectly, for the benefit of
persons, groups and entities listed in the Annex.

shall ensure that

funds,

Article 4

Member States shall, through police and judicial cooperation in
criminal matters within the framework of Title VI of the Treaty
on European Union, afford each other the widest possible
assistance in preventing and combating terrorist acts. To that
end they shall, with respect
to enquiries and proceedings
conducted by their authorities in respect of any of the persons,
groups and entities listed in the Annex, fully exploit, upon
request, their existing powers in accordance with acts of the
European Union and other international agreements, arrange-
ments and conventions which are binding upon Member
States.

Article 5

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

This Common Position shall be kept under constant review.

Article 6

Article 7

This Common Position shall be published in the Official
Journal.

Done at Brussels, 27 December 2001.

For the Council

The President

L. MICHEL

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ANNEX

First list of persons, groups and entities referred to in Article 1 (1)

1. PERSONS

*— ABAUNZA MARTINEZ, Javier (E.T.A. Activist) born 1.1.1965 in Guernica (Biscay), identity card No 78.865.882,

*— ALBERDI URANGA, Itziar (E.T.A. Activist) born 7.10.1963 in Durango (Biscay), identity card No 78.865.693,

*— ALBISU IRIARTE, Miguel (E.T.A. Activist; Member of Gestoras Pro-amnistía) born 7.6.1961 in San Sebastián

(Guipúzcoa),

identity card No 15.954.596,

*— ALCALDE LINARES, Angel (E.T.A. Activist; Member of Herri Batasuna/E.H/Batasuna) born 2.5.1943 in Portuga-

lete (Vizcaya),

identity card 14.390.353,

— AL-MUGHASSIL, Ahmad Ibrahim (a.k.a. ABU OMRAN; a.k.a.AL-MUGHASSIL, Ahmed Ibrahim) born 26.6.1967

in Qatif-Bab al Shamal, Saudi Arabia; citizen Saudi Arabia,

— AL-NASSER, Abdelkarim Hussein Mohamed, born in Al Ihsa, Saudi Arabia; citizen Saudi Arabia,

— AL YACOUB, Ibrahim Salih Mohammed, born 16.10.1996 in Tarut, Saudi Arabia; citizen Saudi Arabia,

*— ARZALLUS TAPIA, Eusebio (E.T.A. Activist) born 8.11.1957 in Regil (Guipúzcoa), identity card No 15.927.207,

— ATWA, Ali (a.k.a. BOUSLIM, Ammar Mansour; a.k.a. SALIM, Hassan Rostom), Lebanon, born 1960 in Lebanon;

citizen Lebanon,

*— ELCORO AYASTUY, Paulo (E.T.A. Activist; Member of
identity card No 15.394.062,

(Guipúzcoa),

Jarrai/Haika/Segi) born 22.10.1973 in Vergara

— EL-HOORIE, Ali Saed Bin Ali (a.k.a. AL-HOURI, Ali Saed Bin Ali; a.k.a EL-HOURI, Ali Saed Bin Ali) born

10.7.1965 alt. 11.7.1965 in El Dibabiya, Saudi Arabia; citizen Saudi Arabia,

*— FIGAL ARRANZ, Antonio Agustín (E.T.A. Activist; Member of Kas/Ekin) born 2.12.1972 in Baracaldo (Biscay),

identity card No 20.172.692,

*— GOGEASCOECHEA ARRONATEGUI, Eneko (E.T.A. Activist), born 29.4.1967 in Guernica (Biscay), identity card

No 44.556.097,

*— GOIRICELAYA GONZALEZ, Cristina (E.T.A. Activist; Member of Herri Batasuna/E.H/Batasuna), born 23.12.1967

in Vergara (Guipúzcoa),

identity card No 16.282.556,

*— IPARRAGUIRRE GUENECHEA, Ma Soledad (E.T.A. Activist) born 25.4.1961 in Escoriaza (Navarre), identity card

No 16.255.819,

— IZZ-AL-DIN, Hasan (a.k.a GARBAYA, AHMED; a.k.a. SA-ID; a.k.a. SALWWAN, Samir), Lebanon, born 1963 in

Lebanon, citizen Lebanon,

— MOHAMMED, Khalid Shaikh (a.k.a. ALI, Salem; a.k.a. BIN KHALID, Fahd Bin Adballah; a.k.a. HENIN, Ashraf
Refaat Nabith; a.k.a. WADOOD, Khalid Adbul) born 14.4.1965 alt. 1.3.1964 in Kuwait; citizen Kuwait,

*— MORCILLO TORRES, Gracia (E.T.A. Activist; Member of Kas/Ekin) born 15.3.1967 in San Sebastián (Guipúzcoa),

identity card No 72.439.052,

*— MÚGICA GOÑI, Ainhoa (E.T.A. Activist) born 27.6.1970 in San Sebastián (Guipúzcoa),

identity card No

34.101.243,

— MUGHNIYAH, Imad Fa'iz (a.k.a. MUGHNIYAH, Imad Fayiz), Senior Intelligence Officer of HIZBALLAH, born

7.12.1962 in Tayr Dibba, Lebanon, passport No 432298 (Lebanon),

*— MUÑOA ORDOZGOITI, Aloña (E.T.A. Activist; Member of Kas/Ekin) born 6.7.1976 in Segura (Guipúzcoa),

identity card No 35.771.259,

*— NARVÁEZ GOÑI,
15.841.101,

Juan Jesús (E.T.A. Activist) born 23.2.1961 in Pamplona (Navarra),

identity card No

*— OLARRA GURIDI, Juan Antonio (E.T.A. Activist) born 11.9.1967 in San Sebastián (Guipúzcoa), identity card No

34.084.504,

*— ORBE SEVILLANO, Zigor (E.T.A. Activist; Member of Jarrai/Haika/Segi) born 22.9.1975 in Basauri

(Biscay),

identity card No 45.622.851,

*— OTEGUI UNANUE, Mikel (E.T.A. Activist; Member of Jarrai/Haika/Segi) born 8.10.1972 in Itsasondo (Guipúzcoa),

identity card No 44.132.976,

(1) Persons marked with an * shall be the subject of Article 4 only.

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*— PEREZ ARAMBURU, Jon Iñaki (E.T.A. Activist; Member of Jarrai/Haika/Segi) born 18.9.1964 in San Sebastián

(Guipúzcoa),

identity card No 15.976.521,

*— SAEZ DE EGUILAZ MURGUIONDO, Carlos (E.T.A. Activist; Member of Kas/Ekin) born 9.12.1963 in San

Sebastián (Guipúzcoa),

identity card No 15.962.687,

*— URANGA ARTOLA, Kemen (E.T.A. Activist; Member of Herri Batasuna/E.H/Batasuna) born 25.5.1969 in

Ondarroa (Biscay),

identity card No 30.627.290,

*— VILA MICHELENA, Fermín (E.T.A. Activist; Member of Kas/Ekin) born 12.3.1970 in Irún (Guipúzcoa), identity

card No 15.254.214;

2. GROUPS AND ENTITIES

*— Continuity Irish Republican Army (CIRA)

*— Euskadi Ta Askatasuna/Tierra Vasca y Libertad/Basque Fatherland and Liberty (E.T.A.)

(The following organisations are part of the terrorist group E.T.A.: K.a.s., Xaki; Ekin, Jarrai-Haika-Segi, Gestoras
pro-amnistía.)

*— Grupos de Resistencia Antifascista Primero de Octubre/Antifascist Resistance Groups First of October (G.R.A.P.O.)

— Hamas-Izz al-Din al-Qassem (terrorist wing of Hamas)

*— Loyalist Volunteer Force (LVF)

*— Orange Volunteers (OV)

— Palestinian Islamic Jihad (PIJ)

*— Real IRA

*— Red Hand Defenders (RHD)

*— Revolutionary Nuclei/Epanastatiki Pirines

*— Revolutionary Organisation 17 November/Dekati Evdomi Noemvri

*— Revolutionary Popular Struggle/Epanastatikos Laikos Agonas (ELA)

*— Ulster Defence Association/Ulster Freedom Fighters (UDA/UFF)