EN Official Journal of the European Union L 23/25

COUNCIL DECISION

of 26 January 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 Decision 2008/583/EC

(2009/62/EC)

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 July 2008 the Council adopted Decision 2008/583/EC 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 (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 Decision 2008/583/EC. In the case of one person an amended statement of reasons was provided in October 2008.

(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 Decision 2008/583/EC 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.

(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 4 December 2008 in Case T-284/08, one group has not been included in the list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies.

(6) The Council has concluded that the other persons, groups and entities listed in the Annex to Common Position 2008/586/CFSP of 15 July 2008 updating Common Position 2001/931/CFSP on the application of specific measures to combat terrorism (4) have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Council Common Position 2001/931/CFSP (5), that a decision has been taken with respect to them by a competent authority within the meaning of Article 1(4) of Common Position 2001/931/CFSP, and that they should continue to be subject to the specific restrictive measures provided for in Regulation (EC) No 2580/2001.

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

HAS DECIDED AS FOLLOWS:

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 Decision.

Article 2

Decision 2008/583/EC is hereby repealed.

Article 3

This Decision shall take effect on the day of its publication in the Official Journal of the European Union.

Done at Brussels, 26 January 2009. For the Council The President A. VONDRA

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

(2) OJ L 188, 16.7.2008, p. 21.

(3) OJ C 179, 16.7.2008, p. 1.

(4) OJ L 188, 16.7.2008, p. 71.

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