WRITTEN QUESTION E-3643/01 by Geoffrey Van Orden (PPE-DE) to the Commission. Terrorism.
Date: 2002-01-11
Institutions: European Parliament, Provisional data
Subjects: EU Member State, EU police cooperation, economic sanctions, fight against crime, international sanctions, judicial cooperation in criminal matters in the EU, natural person, terrorism

C 277 E/12

Official Journal of the European Communities

EN

14.11.2002

The right to move and reside freely in the territory of another Member State is a fundamental right
conferred directly on each citizen of the Union by the Treaty establishing the European Community (EC).
However, limitations may be placed on this right on the grounds of public policy, public security or public
health.

The measures taken by the Member States on the grounds of public policy must be assessed in the light of
Directive 64/221/EEC (1) and the case law of the Court of Justice. Limitations on the rights guaranteed by
the EC Treaty imposed in the interests of public policy and public security must not exceed what is
necessary to safeguard these interests (2).

It is for the national authorities to assess the specific situation and then take appropriate measures that are
compatible with Community law. The measures taken to protect public policy and public security must, in
particular, be applied in accordance with the principle of proportionality. Proportionality requires there to
be a justification for the measure, a proper balance between the measure implemented and the objective
being pursued and a balance between the interests of the individual and those of the State concerned.

With regard to the creation of files, the Member States are authorised to use data for the purpose of
protecting public policy, public security or public health in connection with measures covered by Directive
64/221/EEC, provided that the provisions on data protection are fully observed. This means, for example,
that personal data must be accurate, relevant and not excessive and must be used solely for specified,
explicit and legitimate purposes.

(1) Council Directive 64/221/EEC of 25 February 1964 on the coordination of special measures concerning the
movement and residence of foreign nationals which are justified on grounds of public policy, public security or
public health (OJ B 56, 4.4.1964).
(2) Case 36/75 Rutili [1975] ECR II-1219.

(2002/C 277 E/010)

WRITTEN QUESTION E-3643/01

by Geoffrey Van Orden (PPE-DE) to the Commission

(11 January 2002)

Subject: Terrorism

With reference to the Council Regulation on specific restrictive measures directed against certain persons
and entities with a view to combating international terrorism (COM(2001) 569 = C5-0665/2001 = 2001/
0228(CNS)) and the recommendation by the European Parliament that the Annex listing the actual groups
or persons should be drawn up on the basis of a proposal by the Commission or a Member State, what
steps are being taken by the Commission to ensure that the terrorist groups which are actively engaged
against EU Member States and candidate countries for EU membership (such as IRA, UFF, PKK; DHKP-C,
N17 and ETA, for example) are included on the list of proscribed organisations?

Answer given by Mr Patten on behalf of the Commission

(7 March 2002)

The list of persons, groups and entities against whom specific measures aimed at combating terrorism will
be taken is established by a CFSP Commun position of the Council. The decision to include names on that
list will be based on precise information or material from the Member States which indicates that a
decision has been taken by a competent authority in respect of the persons, groups and entities concerned,
irrespective of whether it concerns the instigation of investigations or prosecution for a terrorist act, an
attempt to perpetrate such an act, participation in such an act or facilitation of such an act, based on
serious and credible evidence or clues, or condemnation for such deeds (Article 1(4) of the Common
Position).

14.11.2002

EN

Official Journal of the European Communities

C 277 E/13

On 27 December 2001, the Council adopted Common Position 2001/931/CFSP containing the first such
list of persons, groups and entities against whom the measures should be applied, including in particular
the Continuity Irish Republican Army, the Real IRA, UFF, Revolutionary Organisation 17 November and
ETA. The Member States will provide each other with the widest possible assistance, through police and
judicial co-operation, to prevent and combat terrorist acts.

Council Regulation (EC) No 2580/2001 (1)
implements the Common Position by imposing specific
restrictive measures of a financial nature, on persons, groups and entities with a view to combating
terrorism. Council Decision 2001/927/EC (1)
lists the persons, groups and entities against whom the
measures should be applied, but the groups and entities referred to above are not included therein.

(1) OJ L 344, 28.12.2001.

(2002/C 277 E/011)

WRITTEN QUESTION P-3645/01

by Laura González Álvarez (GUE/NGL) to the Commission

Subject: Nitrogen oxide emissions in Spain

(7 January 2002)

The environmental group ‘Ecologists in Action’ recently condemned the fact that in 2000 Spain exceeded
the nitrogen dioxide (NOX) emission limits for large-scale old power plants (existing prior to 1988) laid
down in Directive 88/609/EEC (1). The directive stipulated that, from 1988 onwards, emissions from such
plants in Spain should not exceed 277 000 tonnes.

Is the Commission aware of these emission levels? What will it do to ensure that Community legislation on
this matter is observed?

(1) OJ L 336, 7.12.1988, p. 1.

Answer given by Mrs Wallström on behalf of the Commission

(6 February 2002)

Spain has submitted the following information regarding the emissions of nitrogen oxides from ‘existing’
large combustion plants:

Year

1990

1991

1992

1993

1994

1995

1996

(tonnes)

Emissions from ‘existing’ large combustion
plants

238 292

241 312

253 232

245 223

240 616

255 256

216 444

In the case of Spain, the ceilings in Annex II of Council Directive 88/609/EEC of 24 November 1988 on
the limitation of emissions of certain pollutants into the air from large combustion plants, for emissions of
nitrogen oxides below which emissions are capped are 368 000 tonnes for 1993 and 277 000 tonnes for
1998. Emissions of nitrogen oxides from this category of plants will be reduced further as a result of the
recently adopted directive on large combustion plants, Directive 2001/80/EC of the Parliament and of the