48 The EU and Hezbollah
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(35265)
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| Council Decision 2013/395/CFSP of 25 July 2013 updating and amending the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision 2012/765/CFSP
Council Implementing Regulation (EU) No. 714/2013 of 25 July 2013 implementing Article 2(3) of Regulation (EC) No. 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism, and repealing Implementing Regulation (EU) No. 1169/2012
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| Legal base | Article 29 TEU; unanimity
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| Deposited in Parliament | 22 August 2013
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 22 August 2013
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| Previous Committee Report | None
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| Discussion in Council | 22 July Foreign Affairs Council
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
48.1 The 22 July Foreign Affairs Council Conclusions note that
"the Council discussed questions relating to Lebanon and
the possible designation of an entity under the EU's restrictive
measures to combat terrorism, as set out in common position 931/2001",
and then refer the reader to remarks by the High Representative
following the Council meeting.
48.2 In those remarks, the High Representative/Vice
President (Baroness Ashton) said that she wished to concentrate
on three of the discussions held by the Council, and then said:
"The first one of these was to talk about Lebanon.
I know a lot of you are very interested in that. So let me begin
by saying how committed we are to stability, sovereignty, unity,
and peace in Lebanon. We strongly support all institutions in
their efforts to preserve peace and security. We also encourage
Lebanon's policy of dissociation from the conflict in Syria.
"Due to concerns over the role of Hezbollah,
we have agreed to designate its Military Wing on the list of terrorist
organisations. That does not prevent the continuation of dialogue
with all political parties in Lebanon. We also agreed that the
delivery of legitimate financial transfers to Lebanon and delivery
of assistance from the European Union and its Member States will
not be affected. Our position will be reviewed on a six-monthly
basis, which is the normal timeframe for review in circumstances
such as this."[182]
Common Position 2001/931/CFSP
48.3 The EU first adopted restrictive measures against
persons and entities involved in terrorist acts in December 2001,
in the wake of the terrorist attacks on 11 September that year.
The EU list was established in order to implement UNSCR 1373 (2001),
adopted under Chapter VII of the UN Charter. To that end, the
EU adopted Council Common Position 2001/931/CFSP on the application
of specific measures to combat terrorism and Council Regulation
(EC) No. 2580/2001 on specific restrictive measures directed against
certain persons and entities with a view to combating terrorism.
48.4 Common Position 2001/931/CFSP lays down the
criteria for listing persons, groups or entities involved in terrorist
acts and identifies the actions that constitute terrorist acts.
48.5 Council Regulation (EC) No. 2580/2001 provides
for a freezing of all funds, other financial assets and economic
resources belonging to the persons, groups and entities concerned.
In addition, it establishes that no funds, other financial assets
and economic resources may be made available to them, whether
directly or indirectly. It also provides for humanitarian exemptions
allowing the use of funds in certain circumstances such as payments
for foodstuffs, medicines or legal fees.
48.6 All persons, groups and entities on the list
annexed to Common Position 2001/931/CFSP, and subsequent amendments,
are subject to enhanced measures relating to police and judicial
cooperation in criminal matters within the framework of the Treaty
on the European Union. In addition, those persons, groups and
entities which are also on the list provided for in Council Regulation
(EC) No. 2580/2001 are subject to an asset freeze implemented
by the European Community.
48.7 A Working Party on implementation of Common
Position 2001/931/CFSP (the CP 931 Working Party) is charged with
examining proposals for listings and de-listings and with preparing
the regular review of the list by the Council as foreseen in Article
1(6) of Common Position 2001/931/CFSP. Persons, groups and entities
can be included on the list on the basis of proposals submitted
by Member States or third States. All relevant information should
be presented in support of proposals for listings. This information
is circulated to the delegations of Member States for discussion
in the CP 931 Working Party.
48.8 The CP 931 Working Party examines and evaluates
information with a view to listing and de-listing of persons,
groups and entities, and to assessing whether the information
meets the criteria set out in Common Position 2001/931/CFSP. It
then makes recommendations for listing and delisting to be reflected
in the necessary legal instruments; once adopted by the Council,
they are published in the Official Journal.
48.9 Article 1(3) of Common Position 2001/931/CFSP
says that "Terrorist acts" mean intentional acts which,
given their nature or context, may seriously damage a country
or international organisation and which are defined as an offence
under national law. These include:
- attacks upon a person's life
which may cause death;
- attacks upon the physical integrity of a person;
- kidnapping or hostage taking;
- causing extensive destruction to a Government
or public facility, a transport system, an infrastructure facility;
- seizure of aircraft, ships or other means of
public or goods transport;
- manufacture, possession, acquisition, transport,
supply or use of weapons, explosives, or of nuclear, biological
or chemical weapons; and
- participating in the activities of a terrorist
group, including by supplying information or material resources,
or by funding its activities in any way, with knowledge of the
fact that such participation will contribute to the criminal activities
of the group.
48.10 In order for these acts to constitute terrorist
acts, they must be carried out with the aim of seriously intimidating
a population, or unduly compelling a Government or an international
organisation to perform or abstain from performing any act, or
seriously destabilising or destroying the fundamental political,
constitutional, economic or social structures of a country or
an international organisation. [183]
The Council Decision and the Council Implementing
Regulation
48.11 In his Explanatory Memorandum of 22 August
2013, the Minister for Europe (Mr David Lidington) explains that,
"following the Bourgas attack in Bulgaria in July 2012[184]
and the recent guilty verdict in the Cypriot trial of a Hizballah
operative,[185] the
EU has agreed to list the Hizballah Military Wing on the 'CP931
list' ".
48.12 The Minister then explains that:
"Article 1 (4) of the Common Position outlines
that a decision on the nature of an entity must have been taken
by a competent authority before it is proposed for designation
under the Common Position. In July 2008, the UK Government laid
before Parliament an Order proscribing the Military Wing of Hizballah
in its entirety, including the Jihad Council and all units reporting
to it including the Hizballah External Security Organisation.
A decision in respect of this group has thus been taken by a competent
authority within the meaning of Article 1 (4) of Common Position
2001/931/CFSP. Their acts satisfy the requirements of Article
1 (2) and (3) of the Common Position."
48.13 He then says:
"Although the UK does not engage with Hizballah's
political wing, some EU Member States engage with this political
party in Lebanon and therefore had concerns over the effect of
EU designation on their engagement. By differentiating between
Hizballah's Political and Military Wings, the designation will
not prevent those EU Member States who have contacts with Hizballah's
political representatives from maintaining these. The military
wing is defined as the Jihad Council of Hizballah and all units
reporting to it, including the External Security Organisation.
It is separate from the Political Wing of Hizballah, which includes
its ministers, MPs and other political representatives and is
overseen by a Political Council. This definition is the same as
that which the Government used for the domestic proscription of
the military wing in 2008, following Hizballah support for terrorist
groups in Iraq and the Occupied Palestinian Territories."
48.14 With regard to the Fundamental Rights
aspects of these measures, the Minister says:
"The procedures for designating individuals
are compliant with fundamental rights. Provision is made for competent
authorities of Member States to authorise the release of frozen
funds where necessary in certain circumstances, for example, to
satisfy the basic needs of listed persons or their dependents
and where necessary for extraordinary expenses. Decisions by competent
authorities of Member States in this regard would be subject to
challenge in Member State's courts. Prohibitions on the transfer
of funds and financial services are exempted where necessary for
humanitarian purposes, or where necessary for supply of foodstuffs,
medical equipment or provision of health care. Provision is also
made for exemptions to the travel ban on grounds of urgent humanitarian
need.
"The principal Decision, Common Position 2001/931/CFSP,
respects the fundamental rights and observes the principles recognised
in particular by the Charter of Fundamental Rights of the European
Union and notably the right to an effective remedy and to a fair
trial.
"In addition the Council keeps the measures
under review."
The Government's view
48.15 The Minister comments as follows:
"EU designation of Hizballah's military wing
under CP931 makes it harder for the Military Wing to operate in
Europe by imposing an asset freeze. It also increases Member State
judicial and police cooperation in criminal matters by binding
Member States to afford each other the widest possible assistance
in preventing and combating terrorist acts perpetrated by the
Military Wing. Designation is therefore a proactive step towards
preventing any future attacks by this terrorist organisation on
European soil. We have seen that the UK Government's national
proscription has made it harder for Hizballah to carry out its
terrorist activities in the UK. This effect will be replicated
across the EU. Designation has also given a clear message from
all EU Member States that we condemn the terrorist activities
of its Military Wing and that terrorist actions on European soil
will not go unpunished."
48.16 Finally, the Minister says:
"The Council Decision and Regulation were formally
adopted on 26 July 2013. Both were classified EU Confidential
up to the point of adoption. Following adoption, the Council Decision
and Regulation were declassified and published in the Official
Journal of the EU; at this point, the FCO deposited the documents
for scrutiny."
Conclusion
48.17 The concerns of some Member States to which
the Minister refers are set out in a BBC report of 5 February
2013 on the publication of the Bulgarian government's official
inquiry, when the Interior Minister said two suspects holding
Australian and Canadian passports were directly linked to Hezbollah
and is quoted as saying:
"We have established that the two were members
of the militant wing of Hezbollah"; and
"There is data showing the financing and
connection between Hezbollah and the two suspects."
48.18 The BBC report also says:
"Long before this official report was released
by the Bulgarian authorities, Israel had accused Hezbollah (and
its principal sponsor, Iran) of being behind the Burgas attack.
"Since the July 2012 bombing, Israel and
the US have pressed European Union states to designate Hezbollah
as a terrorist organisation (denying it access to funding and
other financial assets in Europe).
"While some, including Britain and the Netherlands,
might support such a move, other countries, such as France, oppose
it. France counters that Hezbollah is a political and social as
well as a militant organisation.
"The French argue that proscribing it as
an illegal terrorist organisation could destabilise Lebanon and
its current coalition government, of which Hezbollah is part."[186]
48.19 We leave it to others to decide the rights
and wrongs of these measures. As no other questions arise, we
now clear the Council Decision and the Council Implementing Regulation.
182 http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/foraff/138309.pdf. Back
183
See the 2008 EU Fact Sheet on the EU list of persons, groups and
entities subject to specific measures to combat terrorism, available
at http://www.consilium.europa.eu/uedocs/cmsUpload/080206_combatterrorism_EN.pdf
Back
184
When a suicide bomber killed five Israeli tourists and a Bulgarian
driver on a bus. Back
185
Where a Hezbollah operative was found guilty of planning attacks
against Israeli citizens. Back
186
See http://www.bbc.co.uk/news/world-europe-21342192. Back
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