WRITTEN QUESTION E-0091/04 by Ilka Schröder (GUE/NGL) to the Commission. Effects of including Hamas on the list of terrorist organisations.
Date: 2004-01-21
Institutions: European Parliament, Provisional data
Subjects: EU Member State, EU police cooperation, Eurojust, Europol, economic sanctions, international sanctions, judicial cooperation in criminal matters in the EU, terrorism

8.4.2004

EN

Official Journal of the European Union

C 88 E/485

(2004/C 88 E/0498)

WRITTEN QUESTION E-0091/04

by Ilka Schröder (GUE/NGL) to the Commission

(21 January 2004)

Subject: Effects of including Hamas on the list of terrorist organisations

Since September 2003 the EU has classified the Palestinian organisation Hamas as a terrorist organisation
in its entirety (Common Position 2003/651/CFSP (1)), while its military wing Izz al-Din al-Qassem has been
thus classified since December 2001. Under Common Position 2001/931/CFSP (2) inclusion on this list
entails the freezing of financial and economic assets, joint assistance and police and judicial cooperation in
criminal matters in combating terrorism. Under Regulation (EC) 2580/2001 (3) the financial and economic
assets of persons and organisations included on the list are to be frozen; furthermore, no additional
resources may be made available (except for humanitarian purposes).

In the view of Commissioner Patten, inclusion on the list means that the Member States offer each other
in preventing and combating terrorist acts through police and judicial
‘the widest possible assistance’
cooperation in criminal matters and that the financial restrictions set out in Regulation 2580/2001 apply
(see his answer to Written Question E-2774/03 (4) by Theresa Villiers).

1. What concrete measures have been taken by the Member States since December 2001 in terms both
of freezing assets and of police and judicial cooperation? (a) What is the order of magnitude of the frozen
assets? (b) What does ‘the widest possible assistance’ mean in practice?

2. What measures has the Commission used to implement the Council decision of September 2003 (a)
in legal terms and (b) in executive terms?

3.
Does the Council decision on Hamas include the network of social services run by Hamas officials?
In which EU Member States are charitable collections allowed (a) for Hamas and (b) for the Hamas social
network even after the Council decision of September 2003?

In which Member States have the greatest number of measures or the the most comprehensive

4.
measures been taken?

5. What has the classification of Hamas as a terrorist organisation achieved in terms of the fight against
terrorism?

(1) OJ L 229, 13.9.2003, p. 42.
(2) OJ L 344, 28.12.2001, p. 93.
(3) OJ L 344, 28.12.2001, p. 70.
(4) OJ C 70 E, 20.3.2004, p. 140.

Answer given by Mr Patten on behalf of the Commission

(12 March 2004)

The Commission notes that the decision to list Hamas in its entirety was a unanimous decision of the
Council. As this decision is based on the Treaty on the European Union (Articles 15 and 34) the Member
States are committed to ensuring that their national policies conform to the Common Position.

The Commission understands that the Honourable Member has also put the above questions to the
Council (written question E-0090/04) and refers to the Council’s answer for information about Member
States’ actions in the field of police and judicial cooperation, including information on freezing orders
issued by judicial authorities. However, it might be useful to add that the Council Decision 2003/48/JHA
of 19 December 2002 (1) on the implementation of specific measures for police and judicial cooperation to
combat terrorism, was adopted to flesh out Article 4 of Common Position 2001/931/CFSP. This Decision
aims at improving police and judicial co-operation regarding ‘terrorist offences’ which involve ‘any of the
listed persons, groups or entities’, and in particular tries to ensure that Europol and Eurojust receive the

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8.4.2004

information they need to carry out their tasks. It also calls on Member States to take the necessary
measures to set up joint investigation teams in order to carry out criminal investigations into terrorist
offences involving any of the listed persons, groups or entities and to ensure that in such cases requests for
mutual assistance and recognition and enforcement of judgements are dealt with as a matter of urgency.

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,
is directly applicable in all
Member States and prohibits, inter alia, donations to Hamas (Article 2(1)(b)). The Regulation also obliges
anyone under the jurisdiction of the Community to freeze funds and assets belonging to Hamas. The
Commission has, however, not received any report that an account belonging to Hamas has been found in
the Community.

Regulation (EC) No 2580/2001 does not require the freezing of funds and assets belonging to individuals
which may have links with Hamas, unless such individuals are included in the relevant list. However, it is
worth noting that this Regulation prohibits funds and economic resources being made available to or for
the benefit of listed persons, groups and entities such as Hamas. That prohibition also applies where funds
are indirectly made available. Furthermore, the Regulation also prohibits the participation in activities
circumventing that prohibition.

The Commission understands that, with a view to curbing the financing of Hamas’ terrorist activities more
effectively, Member States are currently investigating whether a number of persons, groups and entities
which may be linked to Hamas, should also be targeted by the financial restrictions of Regulation (EC)
this stage would compromise these
releasing any names at
No 2580/2001.
investigations.

It understands that

(1) OJ L 16, 22.1.2003.

(2004/C 88 E/0499)

WRITTEN QUESTION E-0097/04

by Jean Lambert (Verts/ALE) to the Commission

(22 January 2004)

Subject: Saint Lucia environmental aid

Is Saint. Lucia a receiver of EU funds, including funds for a Community-based Nature Heritage Tourism
programme? What is the value of the agreement? How exactly is the expenditure accounted for? What
environmental value do the programmes have?

Is the Commission aware of the recent assassination of Jane Tipson, co-founder of the Eastern Caribbean
Coalition for Environmental Awareness and coordinator of the regional programme in Saint Lucia?

Is the Commission also aware of allegations of widespread corruption and misappropriation of EU funds in
Saint Lucia, and allegations that money allocated specifically for environmental projects is not being used
accordingly? If so, what measures has the Commission taken to ensure that
the funds are used
appropriately?

Answer given by Mr Nielson on behalf of the Commission

(4 March 2004)

As an African, Caribbean, Pacific (ACP) state, Saint Lucia is receiving funds from the European
Development Fund (EDF) under the Cotonou partnership agreement, as well as from specific budget lines
such as the Special Framework of Assistance to traditional Banana growers (SFA). Community aid to