EN Official Journal of the European Union L 346/39

COUNCIL IMPLEMENTING REGULATION (EU) No 1285/2009

of 22 December 2009

implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Regulation (EC) No 501/2009

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (1), and in particular Article 2(3) thereof,

Whereas:

(1) On 15 June 2009 the Council adopted Regulation (EC) No 501/2009 implementing Article 2(3) of Regulation (EC) No 2580/2001 (2), establishing an updated list of persons, groups and entities to which that Regulation applies.

(2) The Council has provided all the persons, groups and entities for which it was practically possible with statements of reasons explaining why they were listed in Regulation (EC) No 501/2009. In the case of one group, an amended statement of reasons was provided in October 2009.

(3) By way of a notice published in the Official Journal of the European Union (3) the Council informed the persons, groups and entities listed in Regulation (EC) No 501/2009 that it had decided to keep them on the list. The Council also informed the persons, groups and entities concerned that it was possible to request a statement of the Council's reasons for putting them on the list where one had not already been communicated to them. In the case of eight groups, an amended statement of reasons was made available in October 2009 (4).

(4) The Council has carried out a complete review of the list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies, as required by Article 2(3) of that Regulation. When doing so it took account of observations submitted to the Council by those concerned.

(5) Following the judgment of the Court of First Instance of 30 September 2009 in Case T-341/07, one person has not been included in the list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies.

(6) The Council has also concluded that the entry concerning one group in the list should be amended.

(7) The Council has concluded that with the exception of the person referred to in recital (5), the other persons, groups and entities listed in the Annex to this Regulation have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (5), that a decision has been taken with respect to them by a competent authority within the meaning of Article 1(4) of that Common Position, and that they should continue to be subject to the specific restrictive measures provided for in Regulation (EC) No 2580/2001.

(8) The list of the persons, groups and entities to which Regulation (EC) No 2580/2001 applies should be updated accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

The list provided for in Article 2(3) of Regulation (EC) No 2580/2001 shall be replaced by the list set out in the Annex to this Regulation.

Article 2

Regulation (EC) No 501/2009 is hereby repealed.

Article 3

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 22 December 2009. For the Council The President A. CARLGREN

(1) OJ L 344, 28.12.2001, p. 70.

(2) OJ L 151, 16.6.2009, p. 14.

(3) OJ C 136, 16.6.2009, p. 35.

(4) OJ C 261, 31.10.2009, p. 26.

(5) OJ L 344, 28.12.2001, p. 93.