WRITTEN QUESTION E-1686/02 by Gerhard Schmid (PSE) to the Commission. Freezing of accounts — implementation.
Date: 2002-06-12
Institutions: European Parliament, Provisional data
Subjects: application of EU law, disclosure of information, economic sanctions, international sanctions, terrorism

C 52 E/90

Official Journal of the European Union

EN

6.3.2003

(2003/C 52 E/103)

WRITTEN QUESTION E-1686/02

by Gerhard Schmid (PSE) to the Commission

(12 June 2002)

Subject: Freezing of accounts (cid:1) implementation

On 27 December 2001, Council Regulation (EC) No 2580/2001 (1) on specific restrictive measures directed
against certain persons and entities with a view to combating terrorism came into force.

How is this Regulation being implemented in the Member States?

How are the banks concerned being notified as to which accounts are to be frozen?

By what means are they notified?

(1) OJ L 344, 28.12.2001, p. 70.

Joint answer
to Written Questions E-1685/02 and E-1686/02
given by Mr Patten on behalf of the Commission

(9 July 2002)

Pursuant to Resolution 1373(2001) of the Security Council of the United Nations, the Council has
adopted, on 27 December 2001, Common Position 2001/931/CFSP of 27 December 2001 on the
application of specific measures to combat terrorism (1), 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 (1), and Council Decision 2001/927/EC of 27 December 2001 establishing the
list provided for in Article 2(3) of Council Regulation (EC) No 2580/2001 on specific restrictive measures
directed against certain persons and entities with a view to combating terrorism (1). These instruments
foresee in particular the freezing of funds, other financial assets and economic resources of the persons,
groups and entities listed by the Council.

On 2 May 2002, the Council has updated the lists of persons, groups and entities subject to these
measures by means of Common Position 2002/340/CFSP (2) and Council Decision 2002/334/EC (2). The
Council lists include identification data, but not numbers of bank accounts.

As a result, eight natural persons and twelve groups and entities are now subject to the freezing measures.
Since up to now only two Member States have reported which amount (EUR 4500) has been frozen, the
Commission does not have precise information about the impact of the measures laid down in Regulation
(EC) No 2580/2002. It notes, however, that nearly all groups and entities were added on 2 May 2002 and
that the eight persons have been indicted in the United States for terrorist acts in the Middle East and
South East Asia.

The freezing order consists of two elements: freezing the accounts and economic resources of the listed
persons, groups and entities, and a prohibition against making funds and economic resources available to
them. As all economic operators in the Community and Union citizens who have relations with those on
the list are required to withhold funds and economic resources, it is difficult to quantify the impact of that
prohibition. Nevertheless, the impact of this prohibition on in particular listed groups and entities is most
likely to be more important than the impact of the freezing of accounts they may have in the Community.

Council Regulation (EC) No 2580/2001 is directly applicable in all Member States. Accordingly, all
economic operators in the Community and Union citizens have a statutory obligation to implement the
freezing measure. They are required both to identify and freeze accounts belonging to listed persons,
groups and entities, and to withhold whatever funds, other financial assets or economic resources they
would owe to such persons, groups and entities.
In accordance with Article 4 of Regulation (EC)
No 2580/2001, they also have to provide the competent authorities with any information which would
facilitate compliance with that Regulation.

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Official Journal of the European Union

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It is up to the competent authorities to verify whether the Regulations are applied and to issue guidelines
or instructions as to the modalities of applying these measures.

The Commission, for its part, is engaging in discussion with the European Banking Federation and other
relevant associations, with a view to facilitating the execution of the freezing measures and finding
solutions to application problems that arise.

The Regulation provides that the Member States have to determine the (administrative or criminal)
penalties to be imposed where the provisions of the Regulation are infringed. It is also up to the Member
States to take the necessary action to prosecute economic operators and citizens if infringements take
place.

(1) OJ L 344, 28.12.2001.
(2) OJ L 116, 3.5.2002.

(2003/C 52 E/104)

WRITTEN QUESTION E-1690/02

by Ioannis Souladakis (PSE) to the Council

(12 June 2002)

Subject: Protection of vinegar production

Regulation (EC) 1493/1999 (1) on the common organisation of the market in wine makes no distinction
between vinegar produced from sun-dried grapes and vinegar produced from wine. On the contrary, it
recognises vinous alcohol and dried grape alcohol as equivalent. Certain groups of wine vinegar producers
have recently made attempts to have the European Union impose restrictions on the marketing of dried
grape vinegar on the grounds that it is not covered by the relevant regulation.

1.

Is the Council aware of any measures aimed at preventing the marketing of dried grape vinegar?

Has the Union made sufficient study of the different varieties of vinegar produced in the Member

2.
States with a view to their protection and standardisation?

Does the Council

3.
different varieties of vinegar in the EU?

intend to clarify the relevant regulation in order to avoid disputes about the

4. What action will the Council take to prevent such an unjust prospect from materialising?

(1) OJ L 179, 14.7.1999, p. 1.

Reply

(5 November 2002)

Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in
wine makes no reference to vinegars other than wine vinegars, such as those made from dried grape or
table grapes.
its Annex I defines wine vinegar as vinegar ‘obtained exclusively by acetous
In fact
fermentation of wine’.

That Regulation defines wine as the product obtained exclusively from the alcoholic fermentation of fresh
grapes, whether or not crushed, or of grape must. The alcoholic fermentation of dried grapes therefore
cannot produce wine and vinegar from dried grapes, which by definition is not produced from wine, is not
covered by the provisions of the abovementioned Regulation.

Nevertheless, all types of vinegar fall within the scope of Directive 2000/13/EC of the European Parliament
and of the Council of 20 March 2000 establishing the general rules for the labelling and presentation of
foodstuffs, whereby the Community aims to ensure that consumers are given correct information on such
products.