PURPOSE: combating terrorism. LEGISLATIVE ACT: Council
Common Position 2001/930/CFSP on combating terrorism. CONTENT: On a
recommendation from the Extraordinary European Council of
21 September 2001, which defined terrorism as a real challenge
to the world and to Europe in particular, this Common Position is intended
to specifically combat any form of terrorist activity in all common
foreign and security policy (CFSP) areas. In this context, and in order to
comply with the various UN resolutions in this field (Resolution 1373
(2001) in particular), the Common Position makes the wilful provision or
collection, by any means, of funds intended for the perpetration of
terrorist acts a criminal offence throughout the Community. Like
Regulation (EC) No 2580/2001, the Common Position aims to freeze funds and
other financial assets and economic resources of persons or entities who facilitate, attempt to commit or commit terrorist
acts within the territory of Member States. The Common Position
also aims to suppress any form of active or passive support to entities or
persons involved in terrorist acts (in particular by eliminating the
supply of weapons to terrorists). Steps shall be taken to prevent
terrorist acts, including the provision of early warning among Member
States or between MemberStates and third states by the
exchange of information. Safe haven shall obviously be denied to persons
who organise or support terrorist acts. It is also clearly specified that
persons who support or participate in the financing, organisation or
perpetration of terrorist acts in Member States shall be brought to
justice. The punishment shall duly reflect the seriousness of the acts
committed. Provisions are laid down for Member States to afford one
another assistance during criminal investigations and to prevent the
movement of terrorists (e.g. by establishing effective border controls and
preventing the falsification of identity papers and travel documents).
Member States are also explicitly asked to ensure that persons granted
refugee status have not organised or facilitated the perpetration of
terrorist acts. They shall also ensure that perpetrators of such acts do
not abuse refugee status and that claims of political motivation are not
recognised as grounds for refusing requests for the extradition of alleged
terrorists. Proposals in this respect may be presented by the Commission
in the near future. ENTRY INTO FORCE:
27 December 2001.