EN Official Journal of the European Union C 134/42

Notice for the attention of the person added to the list referred to in Articles 2, 3 and 7 of Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, by virtue of Commission Regulation (EC) No 490/2009

2009/C 134/09

1. Common Position 2002/402/CFSP (1) calls upon the Community to freeze the funds and economic resources of Usama bin Laden, members of the Al-Qaida organisation and the Taliban and other individuals, groups, undertakings and entities associated with them, as referred to in the list drawn up pursuant to UNSCR 1267 (1999) and 1333 (2000) to be updated regularly by the UN Committee established pursuant to UNSCR 1267 (1999).

The list drawn up by this UN Committee comprises:

— Al Qaida, the Taliban and Mr Usama bin Laden,

— natural or legal persons, entities, bodies and groups associated with Al Qaida, the Taliban and Mr Usama bin Laden, and

— legal persons, entities and bodies owned or controlled by, or otherwise supporting, any of these associated persons, entities, bodies and groups.

Acts or activities indicating that an individual, group, undertaking, or entity is ‘associated with’ Al-Qaida, Usama bin Laden or the Taliban include:

(a) participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of, Al Qaida, the Taliban or Mr Usama bin Laden, or any cell, affiliate, splinter group or derivative thereof;

(b) supplying, selling or transferring arms and related materiel to any of them;

(c) recruiting for any of them; or

(d) otherwise supporting acts or activities of any of them.

2. The UN Committee decided on 27 May 2009 to add one natural person to the relevant list. The natural person concerned may submit at any time a request to the UN Committee, together with any supporting documentation, for the decision to include him in the UN list referred to above, to be reconsidered. Such request should be sent to the following address:

United Nations — Focal point for delisting Security Council Subsidiary Organs Branch Room S-3055 E New York, NY 10017 United States of America

See for more information at: http://www.un.org/sc/committees/1267/delisting.shtml

3. Further to the UN decision referred to at point 2, the Commission has adopted Regulation (EC) No 490/2009 (2), which amends Annex I to Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban (3), pursuant to Article 7(1) of Regulation (EC) No 881/2002.

Therefore, the following measures of Regulation (EC) No 881/2002 apply to the natural person concerned:

1. the freezing of all funds, other financial assets and economic resources belonging to them, or owned or held by them, and the prohibition to make funds, other financial assets and economic resources available to him or for his benefit, whether directly or indirectly (Articles 2 and 2a (4)); and

2. the prohibition to grant, sell, supply or transfer technical advice, assistance or training related to military activities to him, whether directly or indirectly (Article 3).

4. The natural person concerned by the listing of Regulation (EC) No 490/2009 may make a request for the grounds for his listing to the Commission. This request should be sent to:

European Commission ‘Restrictive measures’ rue de la Loi/Wetstraat 200 1049 Bruxelles/Brussel BELGIQUE/BELGIË

5. The attention of the natural person concerned is also drawn to the possibility of challenging Regulation (EC) No 490/2009 before the Court of First Instance of the European Communities, in accordance with the conditions laid down in Article 230(4) and (5) of the Treaty establishing the European Community.

6. Personal data of the natural person concerned by the listing of Regulation (EC) No 490/2009 will be handled in accordance with the rules of Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (5). Any request, e.g. for further information or in order to exercise the rights under Regulation (EC) No 45/2001 (e.g. access or rectification of personal data), should be sent to the Commission, at the address mentioned under point 4 above.

7. For good order, the attention of the natural person listed in Annex I is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s), as listed in Annex II to Regulation (EC) No 881/2002, in order to obtain an authorisation to use frozen funds, other financial assets and economic resources for essential needs or specific payments in accordance with Article 2a of that Regulation.

(1) OJ L 139, 29.5.2002, p. 4. Common Position as last amended by Common Position 2003/140/CFSP (OJ L 53, 28.2.2003, p. 62).

(2) OJ L 148, 11.6.2009, p. 12.

(3) OJ L 139, 29.5.2002, p. 9.

(4) Article 2a was inserted by Council Regulation (EC) No 561/2003 (OJ L 82, 29.3.2003, p. 1).

(5) OJ L 8, 12.1.2001, p. 1.