Council Decision 2003/48/JHA of 19 December 2002 on the implementation of specific measures for police and judicial cooperation to combat terrorism in accordance with Article 4 of Common Position 2001/931/CFSP

Council Decision 2003/48/JHA
of 19 December 2002
on the implementation of specific measures for police and judicial cooperation to combat terrorism in accordance with Article 4 of Common Position 2001/931/CFSP
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty on European Union, and in particular Articles 30, 31 and Article 34(2)(c) thereof,
Having regard to the initiative of the Kingdom of Spain(1),
Having regard to the opinion of the European Parliament(2),
Whereas:
(1) At its extraordinary meeting on 21 September 2001, the European Council stated that terrorism is a real challenge to the world and to Europe and that the fight against terrorism will be a priority objective of the European Union.
(2) On 28 September 2001 the United Nations Security Council adopted Resolution 1373 (2001) laying down wide-ranging strategies to combat terrorism and in particular for the fight against the financing of terrorism.
(3) On 8 October 2001 the Council of the European Union reaffirmed the determination of the European Union and its Member States to play their full part, in a coordinated manner, in the global coalition against terrorism, under the aegis of the United Nations.
(4) On 19 October 2001 the European Council stated that it is determined to combat terrorism in every form throughout the world and that it will continue its efforts to strengthen the coalition of the international community to combat terrorism in every shape and form, for example by increased cooperation between the operational services responsible for combating terrorism: Europol, Eurojust, the intelligence services, police forces and judicial authorities.
(5) Article 4 of Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism(3) provides that 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. Such assistance shall be based on and fully exploit the existing powers of the Member States in accordance with acts of the European Union and other international agreements, arrangements and conventions which are binding upon Member States. Assistance will be provided in conformity with the national laws of the Member States, in particular those with regard to confidentiality of criminal investigations.
(6) Common Position 2001/931/CFSP and the additional measures contemplated in this Decision concern particular persons, groups and entities listed in the Annex to that Common Position, which is regularly being updated.
(7) Whilst Common Position 2001/931/CFSP sets out certain guarantees to ensure that persons, groups and entities are listed only if there is sufficient cause to do so, the Council shall draw the necessary consequences from any final finding and enforceable interim orders to the contrary by a court of the Member States.
(8) This Decision respects the fundamental rights and observes the principles recognised by Article 6 of the Treaty on European Union. Nothing in this Decision may be interpreted as allowing infringement of the legal protection afforded under national law to the persons, groups and entities listed in the Annex to Common Position 2001/931/CFSP,