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Texts adopted
Thursday, 4 October 2001 - Strasbourg Final edition
International terrorism* (procedure without report)
C5-0455/2001

Proposal for a Council Regulation on specific restrictive measures directed against certain persons and entities with a view to combating international terrorism (COM(2001) 569 - C5-0455/2001 - 2001/0228(CNS) )

(Consultation procedure)

The proposal was approved with the following amendments:

Text proposed by the Commission   Amendments by Parliament
Amendment 13
Title
Proposal for a Council regulation on specific restrictive measures directed against certain persons and entities with a view to combating international terrorism.
Proposal for a Council regulation on specific temporary restrictive measures directed against certain persons and entities with a view to combating terrorism.
Amendment 2
Recital 3a (new)
(3a) This Regulation is a complementary measure needed at Community level to strengthen judicial procedures regarding terrorist organisations in the European Union and third countries.
Amendment 3
Recital 6
   (6) The measures provided for in this Regulation should not lead to disproportionate damage to the interests of the Community and, therefore, provision should be made for decisions on exceptions to be taken in accordance with procedures which minimise the risks to the interests of the Community.
Deleted
Amendment 4
Recital 12a (new)
(12a) Article 308 of the Treaty constitutes the legal basis of this Regulation and this Regulation is of direct and individual concern to the natural and legal persons mentioned in the Annex. The Court of Justice of the European Communities should have jurisdiction in actions brought by these persons pursuant to Article 230, fourth paragraph, of the Treaty.
Amendment 15
Recital 12b (new)
(12b) An application to a court in one of the Member States or to the Court of Justice of the European Communities should not have the effect of suspending the decision to freeze assets.
Amendment 5
Recital 13
   (13) It is necessary for this Regulation to enter into force as a matter of urgency.
   (13) It is necessary for this Regulation to enter into force as a matter of urgency and expire on 31 December 2003 .
Amendment 17
Article 2, paragraph 2
   2. The Council, acting by qualified majority on a proposal from the Commission, shall adopt amendments to Annex I .
   2. The Council, acting by qualified majority on a reasoned proposal from the Commission and after having consulted the European Parliament, if necessary on a confidential and expedited basis, shall adopt and publish in the Official Journal of the European Communities amendments to the Annex according to a fast-track procedure whereby names of organisations may be added or removed .
Amendment 12
Article 2, paragraph 2a (new)
2a. The Council shall, at as early a date as possible, amend the text of the Annex to ensure that names of natural persons listed therein have sufficient particulars appended to permit effective identification of specific human beings, thus facilitating the exculpation of others bearing the same or similar names.
Amendment 7
Article 5, paragraph 1a (new)
Member States shall, within one month of the entry into force of this Regulation, notify to the Commission a list of the competent authorities. This list shall be published in the Official Journal.
Amendment 8
Article 6, paragraph 1
In cases where there exists a reasonable expectation that a person, company, undertaking, institution or entity is acting on behalf or for the benefit of a natural or legal person, entity or body listed in Annex I , but does not appear on that list, any natural or legal person shall, before entering into activities otherwise prohibited by this Regulation, obtain written confirmation from the relevant competent authorities of the Member States listed in Annex II that such a person, company, undertaking, institution or entity is not acting on behalf or for the benefit of a natural or legal person, entity or body listed in Annex I .
In cases where there exists a reasonable suspicion that a person, company, undertaking, institution or entity is acting on behalf or for the benefit of a natural or legal person, entity or body listed in the Annex , but does not appear on that list, any natural or legal person shall, before entering into activities otherwise prohibited by this Regulation, obtain written confirmation from the relevant competent authorities of the Member States that such a person, company, undertaking, institution or entity is not acting on behalf or for the benefit of a natural or legal person, entity or body listed in the Annex .
Amendment 9
Article 8, paragraph 1, subparagraph 1
Specific or general authorisations to unfreeze funds or to make funds available with a view to the protection of the interests of the Community may be granted in accordance with the procedure referred to in Article 9(2).
Specific or general authorisations to unfreeze funds or to make funds available with a view to the protection of the interests of the Community, which include the interests of its citizens and residents, may be granted in accordance with the procedure referred to in Article 9(2).
Amendment 10
Article 14, paragraph 1a (new)
The Commission shall present, within a period of one year from the entry into force of this Regulation, a review of this Regulation on the basis of a reasoned proposal.
Amendment 11
Article 14, paragraph 1b (new)
It shall expire on 31 December 2003.
Last updated: 16 May 2004Legal notice