Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-12-15-Speech-2-223"
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"Mr President, as the Presidency said, the questions you have put forward raise important issues in relation to the future management of restrictive measures or sanctions in the EU. Following the entry into force of the Lisbon Treaty we now have to make a choice as regards the legal base for the proposed Regulation which amends the al-Qaeda and Taliban Sanctions Regulation. Our view is as follows:
Resolution 1822 provides for a review of the measures contained in it after 18 months. That period expires at the end of this year. Work is ongoing in connection with the review but the Commission is not in a position to indicate what changes to the procedures the UN Security Council will decide.
Firstly, the new treaty has added a specific provision to the article in the former EC Treaty on foreign policy-related restrictive measures or sanctions. Article 215(2) provides a new legal base for restrictive measures against natural or legal persons and groups or non-state entities. It expands the scope of the former Article 301 and should be applied as the legal base for amendment of the al-Qaeda and Taliban Sanctions Regulation.
Secondly, Article 215 applies when there is a Common Foreign and Security Policy (CFSP) decision. The al-Qaeda and Taliban Sanctions Regulation implements a CFSP decision which requires that regulations be made to implement certain UN Security Council resolutions. These resolutions are binding for EU Member States under international law.
Thirdly, we consider that a double legal base – Article 215(2) and Article 75 – is not workable. That is because the objectives, scope and procedures of the two articles are different. I note that Parliament’s Legal Affairs Committee and legal advisers have made the same assessment.
In conclusion, it is our view that the new treaty has provided specificity and clarity on the legal base for restrictive measures against natural or legal persons and groups or non-state entities. Article 215 addresses the role of Parliament and Council and the legislator should not deviate from the treaty.
We were also asked to provide information on fundamental rights-related improvements in the work of UN Sanctions Committees.
The proposed amendment of the al-Qaeda and Taliban Sanctions Regulation implements the findings of the European Court of Justice in the Kadi case. In that judgment, the Court made a number of comments on ways to improve the listing procedures applied by the UN al-Qaeda and Taliban Sanctions Committee. The points made by the Court are the motivation to amend the listing procedures of the regulation.
A number of UN Security Council resolutions have set out the procedures for handling the sanctions list at UN level. Most recently, UN Security Council Resolution 1822 provided that a summary of reasons should be made available on the UN al-Qaeda and Taliban Sanctions Committee’s website in connection with each listed person, and provided for a review of all names on the list by 30 June 2010, with provision for regular review thereafter. The resolution demanded that the relevant state take measures to inform the listed person of their listing, the reasons for it and information about exemptions and delisting requests.
The approach in Resolution 1822 has since been replicated in Resolution 1844 on sanctions in relation to Somalia and in Resolution 1857 in relation to Democratic Republic of Congo."@en1
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