Terror list
WRITTEN QUESTION E-1954/04 by Tobias Pflüger (GUE/NGL) to the Council (1 September 2004)
On the basis of what criteria and by what procedure are individuals and organisations put on the so-called terror list, where can the public gain access to the justifications for these decisions, and by what procedure are the decisions reviewed - for official purposes and at the request of those concerned?
Reply (21 February 2005)
The Council recalls to the Honorable Parliamentarian that Article 1 (4) of Common Position 2001/931/CFSP (OJ L 344, 28.12.2001, p. 93) lays down the criteria for listing individuals, groups or entities involved in terrorist acts. It provides that the list in the Annex to the Common Position shall be 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 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, participate in or facilitate such an act based on serious and credible evidence or clues, or condemnation for such deeds. Article 1 (3) of the Common Position defines the concept of "terrorist act". The Council acts unanimously in drawing up the list. The list referred to in Article 2 (3) of Regulation (EC) No 2580/01 (which concerns those on the Common Position's list against which asset freezing measures are taken) is also drawn up by the Council acting unanimously (OJ L 344, 28.12.2001, p. 70).
Both the Common Position and the Council Regulation explain the purpose for which they were adopted and the measures to which those placed on the lists are subject. The release to the public of the information on which individual decisions taken pursuant to the Common Position and the Council Regulation are based is governed by the general rules on access to documents (Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43)).
According to Article 1(6) of the Common Position, the Council reviews the list at regular intervals and at least once every six months to ensure that there are grounds for keeping the persons, groups and entities named on the list.
A person, group or entity placed on the list referred to in Article 2 (3) of Regulation (EC) No 2580/01 may challenge this decision before the Court of First Instance of the European Communities in accordance with the provisions of the Treaty establishing the European Community.
On the basis of what criteria and by what procedure are individuals and organisations put on the so-called terror list, where can the public gain access to the justifications for these decisions, and by what procedure are the decisions reviewed - for official purposes and at the request of those concerned?
Reply (21 February 2005)
The Council recalls to the Honorable Parliamentarian that Article 1 (4) of Common Position 2001/931/CFSP (OJ L 344, 28.12.2001, p. 93) lays down the criteria for listing individuals, groups or entities involved in terrorist acts. It provides that the list in the Annex to the Common Position shall be 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 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, participate in or facilitate such an act based on serious and credible evidence or clues, or condemnation for such deeds. Article 1 (3) of the Common Position defines the concept of "terrorist act". The Council acts unanimously in drawing up the list. The list referred to in Article 2 (3) of Regulation (EC) No 2580/01 (which concerns those on the Common Position's list against which asset freezing measures are taken) is also drawn up by the Council acting unanimously (OJ L 344, 28.12.2001, p. 70).
Both the Common Position and the Council Regulation explain the purpose for which they were adopted and the measures to which those placed on the lists are subject. The release to the public of the information on which individual decisions taken pursuant to the Common Position and the Council Regulation are based is governed by the general rules on access to documents (Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43)).
According to Article 1(6) of the Common Position, the Council reviews the list at regular intervals and at least once every six months to ensure that there are grounds for keeping the persons, groups and entities named on the list.
A person, group or entity placed on the list referred to in Article 2 (3) of Regulation (EC) No 2580/01 may challenge this decision before the Court of First Instance of the European Communities in accordance with the provisions of the Treaty establishing the European Community.
Tobias Pflüger - 2005/03/08 19:04
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