European Commission proposals in response to Kadi

The European Commission has presented its eagerly anticipated proposal to amend the EC Regulation No 881/2002 implementing the UN ‘terrorist list’ in response to the ECJ’s Kadi and Al-Barakaat ruling of September 2008. COM(2009) 187 final summarizes the new procedure to the Council 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.

In order to ensure that fundamental rights are respected, it is also necessary to address the position of individuals and entities already listed. UN Security Council Resolution 1822 of 30 June 2008 foresees a review of all names included in the UN list on 30 June 2008. This UN review should be completed by 30 June 2010.

Given the subject-matter the United Nations or a third State may deem it necessary to provide classified information to the Community Institution in support of the decision made. A provision is proposed to provide clarity on the handling of such information.

A provision is also needed 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.

Read the full communication here.

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