The Common Position on the application of specific measures to combat terrorism (2001/931/CFSP) contains a definition of the terms “terrorist act” and “terrorist group” as well as a list of persons, groups and entities suspected of having carried out terrorist activities. The European Community (EC) shall ensure the freezing of funds of such persons etc . The Regulation on specific restrictive measures directed against certain persons and entities with a view to combating terrorism ((EC) No. 2580/2001) is intended to implement the Common Position 2001/931/CFSP . However, the list annexed to the Regulation is not identical with the list attached to the Common Position . The reason given for this discrepancy is that the EC has no power to take unilateral measures against persons, groups and entities acting within the EU Member States, it only has the power to restrict payments and capital movements to third countries. Hence European organizations such as the Basque Fatherland and Liberty (E.T.A.), the Real IRA and the Greek Revolutionary Organization 17 November which are listed in the Common Position are absent from the list attached to the Regulation .
However, it is worthwhile noting that whereas persons, groups and entities identified by the United Nations Security Council may be included in the list attached to the Common Position, the lists adopted by the Sanctions Committee against the Taliban and Al-Qaida are transposed automatically into Community legislation .