Commission Regulation (EC) No 1190/2008 of 28 November 2008 amending for the 101st time 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
Date: 2008-11-28
Institutions: European Commission
Subjects: Central and Eastern Europe, beef, import, import licence, originating product, tariff quota

2.12.2008

EN

Official Journal of the European Union

L 322/25

COMMISSION REGULATION (EC) No 1190/2008

of 28 November 2008

amending for the 101st time 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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 881/2002 of
27 May 2002 imposing certain specific restrictive measures
directed against certain persons and entities associated with
Usama bin Laden, the Al-Qaida network and the Taliban, and
repealing Council Regulation (EC) No 467/2001 prohibiting the
export of
to Afghanistan,
and
strengthening the flight ban and extending the freeze of funds
and other financial resources in respect of the Taliban of Afgha­
nistan (1), and in particular the first
indent of Article 7(1)
thereof,

certain goods

services

Whereas:

(1)

(2)

(3)

Annex I
to Regulation (EC) No 881/2002 lists the
persons, groups and entities covered by the freezing of
funds and economic resources under that Regulation.

insofar as

The Court of Justice decided on 3 September 2008 (2) to
annul Regulation (EC) No 881/2002,
it
concerns Yassin Abdullah Kadi and the Al Barakaat Inter­
national Foundation. At the same time the Court ordered
the effects of Regulation (EC) No 881/2002 to be main­
tained, so far as concerns Mr Kadi and the Al Barakaat
International Foundation,
for a period that may not
exceed three months running from the date of delivery
of the judgment. This period was granted to allow a
possibility to remedy the infringements found.

In order to comply with the judgment of the Court of
Justice, the Commission has communicated the narrative
summaries of reasons provided by the UN Al-Qaida and
Taliban Sanctions Committee,
to Mr Kadi and to Al
Barakaat International Foundation and given them the
opportunity to comment on these grounds in order to
make their point of view known.

The list of persons, groups and entities to whom the
freezing of funds and economic resources should apply,
drawn up by the UN Al-Qaida and Taliban Sanctions
Committee,
Inter­
national Foundation.

includes Mr Kadi and Al Barakaat

After having carefully considered the comments received
from Mr Kadi in a letter dated 10 November 2008, and
given the preventive nature of the freezing of funds and
economic resources, the Commission considers that the
listing of Mr Kadi is justified for reasons of his associa­
tion with the Al-Qaida network.

After having carefully considered the comments received
from Al Barakaat International Foundation in a letter
dated 9 November 2008, and given the preventive
economic
nature of
resources, the Commission considers the listing of Al
Barakaat
for
reasons of its association with the Al-Qaida network.

International

freezing of

Foundation

justified

funds

and

the

is

In view of this, Mr Kadi and the Al Barakaat International
Foundation should be added to Annex I.

This Regulation should apply from 30 May 2002, given
the preventive nature and objectives of the freezing of
funds and economic resources under Regulation (EC) No
881/2002 and the need to protect legitimate interests of
the economic operators, who have been relying on the
legality of the annulled Regulation,

(6)

(7)

(8)

(9)

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 881/2002 is hereby amended as
set out in the Annex to this Regulation.

(4)

The Commission has received comments by Mr Kadi and
by Al Barakaat International Foundation and examined
these comments.

Article 2

This Regulation shall enter into force on 3 December 2008. It
shall be published in the Official Journal of the European Union.

(1) OJ L 139, 29.5.2002, p. 9.
(2) Judgement in Joined Cases C-402/05 P and C-415/05 P, Yassin
Abdullah Kadi
Foundation v
Council, European Court Reports 2008, p. I-… (not yet published).

and Al Barakaat

International

It shall apply from 30 May 2002.

L 322/26

EN

Official Journal of the European Union

2.12.2008

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 28 November 2008.

For the Commission

Benita FERRERO-WALDNER
Member of the Commission

ANNEX

Annex I to Regulation (EC) No 881/2002 is amended as follows:
1. The following entry shall be added under the heading ‘Legal persons, groups and entities’:

‘Barakaat International Foundation. Address: (a) Box 4036, Spånga, Stockholm, Sweden; (b) Rinkebytorget 1, 04,
Spånga, Sweden.’;

2. The following entry shall be added under the heading ‘Natural persons’:

‘Yasin Abdullah Ezzedine Qadi (alias (a) Kadi, Shaykh Yassin Abdullah; (b) Kahdi, Yasin; (c) Yasin Al-Qadi). Date of
birth: 23.2.1955. Place of birth: Cairo, Egypt. Nationality: Saudi Arabian. Passport No: (a) B 751550, (b) E 976177
(issued on 6.3.2004, expiring on 11.1.2009). Other information: Jeddah, Saudi Arabia.’