16.7.2008 EN Official Journal of the European Union L 188/21
COUNCIL DECISION
of 15 July 2008
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 2007/868/EC
(2008/583/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 20 December 2007 the Council adopted Decision 2007/868/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), and establishing an updated list of persons 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 2007/868/EC. Concerning one group and three persons the amended statements of reasons has been provided to them, if possible, in April 2008.
(3) By way of a notice published in the Official Journal of the European Union on 22 December 2007 (3) the Council informed the persons, groups and entities listed in Decision 2007/868/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) In the case of one group, the Council has taken account of the fact that the decision by a competent authority on the basis of which the group was included on the list has not been in force since 24 June 2008. However, new information concerning the group has been brought to the Council’s attention. The Council considers that this new information warrants the group’s inclusion on the list.
(6) The Council has determined that one person should be removed from the list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies.
(7) The Council has concluded that with the exception of the person mentioned in recital (6), the persons, groups and entities listed in the Annex to Common Position 2007/871/CFSP (4) 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,
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.
Decision 2007/868/EC is hereby repealed.
This Decision shall take effect on the day of its publication in the Official Journal of the European Union.