WRITTEN QUESTION E-1296/02 by Jens-Peter Bonde (EDD) to the Commission. Organisations on the list of terrorist organisations.
Date: 2002-05-07
Institutions: European Parliament, Provisional data
Subjects: EU police cooperation, common foreign and security policy, interpretation of the law, judicial cooperation in criminal matters in the EU, organised crime, proof, rights of the defence, terrorism

12.6.2003

EN

Official Journal of the European Union

C 137 E/3

In November 2001, CESA requested the Commission to update the first TBR Report, so as to examine
whether adverse effects had been suffered by the Community industry during the period covering the
13 months (i.e. 1 December 2000 to 31 December 2001) following the end of the original period
considered. Accordingly, the Commission carried out a supplementary investigation, the findings of which
will be discussed by the Member States at the TBR Committee of 29 May 2002.

At this stage, the Commission can only confirm that, following consultation of the TBR Committee, it will
be in a position to take a decision under the Trade Barriers Regulation on whether to proceed with a
complaint to the WTO as soon as the Council adopts the Temporary Defensive Mechanism, in accordance
with its twin-track strategy.

(1) OJ L 349, 31.12.1994.

(2003/C 137 E/003)

WRITTEN QUESTION E-1296/02

by Jens-Peter Bonde (EDD) to the Commission

Subject: Organisations on the list of terrorist organisations

(7 May 2002)

Does the Commission agree that the inclusion of an organisation on the EU list of terrorist organisations
does not in itself mean that, in criminal proceedings in Denmark, it may be regarded as having been
proven to be a terrorist organisation within the meaning of the proposed provisions?

Answer given by Mr Patten on behalf of the Commission

(7 June 2002)

Council Common Position 2001/931/CFSP of 27 December 2001 (1), provides for the application of
specific measures to combat terrrorism. Such measures may lead to the freezing of funds, other financial
assets or economic resources of persons, groups and entities on the basis of specific Community
legislation. The measures may also entail, through police and judicial co-operation in criminal mattters
within the framework of Title VI of the Treaty on European Union, mutual assistance by Member States in
combating and preventing terrorist acts.

The Council decides on the list of persons, groups and entities to whom the Common Position applies.

The list is drawn up on the basis of precise information or material in the relevant file which indicates that
a decision has been taken by a competent authority in respect of persons, groups or entities concerned to
investigate or prosecute them. The investigation or prosecution has to be for a terrorist act, an attempt to
perpetrate, participation in or facilitation of such an act. Furthermore, the investigation or prosecution
must be based on serious and credible evidence or clues or a condemnation for such deeds. Also persons,
groups and entities indentified 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.

The conclusion is therefore justified that when a person, group or entity is listed, such listing does not
necessarily mean that is has been proven that the person, group or entity concerned has perpetrated a
terrorist act, or attempted perpetrate, to particpate in or to facilitate such an act as defined in said
Common Position.

(1) OJ L 344, 28.12.2001.