13 EU restrictive measures against persons
and entities
| (30560)
9042/09
COM(09) 187
| Draft Council Regulation amending Regulation (EC) No.881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban
|
| Legal base | Articles 60, 301 and 308 EC; unanimity
|
| Document originated | 22 April 2009
|
| Deposited in Parliament | 27 April 2009
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 3 June 2009
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| Previous Committee Report | None
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| To be discussed in Council | To be determined
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
13.1 In its accompanying Explanatory Memorandum, the Commission
recalls that since 1999, and acting in accordance with Chapter
VII of the Charter of the United Nations (UN), the UN Security
Council has applied sanctions, and in particular the freezing
of funds and economic resources, against the Taliban, Al Qaida
and Usama bin Laden. To that end, the UN established the UN Al
Qaida and Taliban list of individuals and entities, which is binding
under international law for all members of the UN, including all
Member States of the European Union.
13.2 It then recalls that, on 27 May 2002, the Council
adopted Regulation (EC) No 881/2002 imposing certain specific
restrictive measures directed against certain persons and entities
associated with Usama bin Laden, the Al-Qaida network and the
Taliban. This Regulation, the Commission says, implements some
elements of UN Security Council Resolutions 1267(1999) and 1390(2002)
and in particular freezes the funds and economic resources of
individuals and entities included in a list drawn up by the UN
for this purpose. The Commission notes that Regulation (EC) No
881/2002 is in line with Common Position 2002/402/CFSP concerning
restrictive measures against Usama bin Laden, members of the Al-Qaida
organisation and the Taliban and other individuals, groups, undertakings
and entities associated with them.
13.3 The Commission then explains that:
—
on 3 September 2008 the European Court of Justice annulled Regulation
(EC) No 881/2002, in so far as it concerned Mr Yassin Abdullah
Kadi and Al Barakaat International Foundation. The Court held
that the Community authority deciding to freeze the funds and
economic resources of an individual or entity in accordance with
Regulation (EC) No 881/2002 must communicate the grounds on which
that decision is based to the individual or entity concerned,
in order to observe the rights of defence, in particular the right
to be heard, and the right to judicial review;
— in order to comply with the Court's judgment,
the EU sought from the UN Sanctions Committee the relevant statements
of reasons on which the two parties were listed and communicated
those to the parties for comments;
— following an evaluation of the comments,
the Commission says that it adopted a new Regulation maintaining
Mr Kadi and Al Barakaat International Foundation on the list of
individuals and entities subject to the freezing of funds and
economic resources (Regulation (EC) No 1190/2008 of 28 November
2008).
13.4 The Commission says that it is now accordingly
necessary to amend Regulation (EC) No 881/2002 to codify these
new elements and to provide for a procedure respecting fundamental
rights that will be followed as regards individuals and entities
newly listed by the UN. The Commission explains that this new
procedure is based on the procedure applied for the purpose of
implementing Council Regulation (EC) No 2580/2001 of 27 December
2001 on specific restrictive measures against certain persons
and entities with a view to combating terrorism, which concerns
the terrorism list drawn up by the EU itself, set out in Council
document 10826/1/27 of 28 June 2007. It describes it as follows:
— upon
notification by the UN Sanctions Committee of a new listing decision
and the statement of reasons, the Commission will take a provisional
decision to freeze the funds and economic resources of the individual
or entity concerned;
— in parallel the Commission will send
the statement of reasons to the individual or entity concerned
without delay, in order to give him, her or it an opportunity
to express his, her or its views;
— the Commission will examine the views
that have been expressed and consult an advisory committee of
experts of the Member States before taking the final decision.
13.5 The Commission then says that, in order to
ensure that fundamental rights are respected, it is also necessary
to address the position of individuals and entities already listed.
It explains that UN Security Council Resolution 1822 of 30 June
2008 foresees a review of all names included in the UN list on
30 June 2008, and that this UN review should be completed by 30
June 2010.
13.6 The Commission's Explanatory Memorandum concludes
by examining some related technical issues (e.g., provisions to
cover the possibility of having to handle classified information
in support of the decision made and to provide clarity on the
applicable rules for processing of personal data of listed individuals,
and in particular for processing of data relating to offences,
criminal convictions or security measures under this Regulation).
The Government's view
13.7 In her Explanatory Memorandum of 3 June 2009,
the then Minister for Europe at the Foreign and Commonwealth Office
(Caroline Flint) reiterates that re-listing Mr Kadi and Al Barakaat
means that the assets freeze against them remains in place at
EU level.
13.8 She also explains that the technical amendments
bring the text of Council Regulation (EC) No.881/2002 in line
with current EU practice in the sanctions field.
13.9 The Minister describes the Regulation as "part
of continuing work with EU and international partners to enhance
implementation of international sanctions, to explore the implications
of the Kadi case and to improve due process mechanisms."
The UK aims "to ensure that the Regulation addresses procedural
shortcomings identified by the Court and strikes the correct balance
between the Commission and Member States when setting up procedures
for reviewing information".
13.10 Both the Regulation and UN Security Council
resolution 1822 of June 2008, the Minister says, reflect UK recognition
of the need to strengthen procedures to enhance the efficiency
and transparency of the regime; the UK "is working with international
partners to address due process concerns at both the UN and EU
levels"; UNSCR 1822 is "an important step forward."
The Minister notes that, once the cases of all individuals and
entities on the UN list have been reviewed, narrative summaries
of the reasons for listing should be provided for all persons
named; the UN Sanctions Committee is, she says, working to provide
listed individuals with summaries of reasons for listing as soon
as possible.
13.11 Finally, the Minister says that European Parliament
consultation is required regarding the Regulation; that this is
not likely to take place until September; and that the document
is therefore not likely to go to Council until October 2009.
Conclusion
13.12 We have no questions to put to the Minister
and clear the document, which we are reporting to the House because
of the importance of the issues involved.
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