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Council Decision (CFSP) 2018/475 of 21 March 2018 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2017/1426

In forceVersion 2018-03-21from 2018-03-23
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Contents
  1. Preamble
    1. Article 1
    2. Article 2
    3. Article 3
  3. ANNEX
  4. ANNEX LIST OF PERSONS, GROUPS AND ENTITIES REFERRED TO IN ARTICLE 1
  5. I.1.2.3.4.5.6.7.8.9.10.11.12.13.
  6. II.1.2.3.4.5.6.7.8.9.10.11.12.13.14.15.16.17.18.19.20.

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1) On 27 December 2001, the Council adopted Common Position 2001/931/CFSP.

(2) On 4 August 2017, the Council adopted Decision (CFSP) 2017/1426 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP (the list).

(3) In accordance with Article 1(6) of Common Position 2001/931/CFSP, it is necessary to review the names of persons, groups and entities on the list at regular intervals to ensure that there are grounds for keeping them thereon.

(4) This Decision sets out the result of the review that the Council has carried out in respect of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply.

(5) The Council has verified that competent authorities as referred to in Article 1(4) of Common Position 2001/931/CFSP have taken decisions with regard to all persons, groups and entities on the list to the effect that they have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Common Position 2001/931/CFSP. The Council has also concluded that the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply should continue to be subject to the specific restrictive measures provided for therein.

(6) The list should be updated accordingly and Decision (CFSP) 2017/1426 should be repealed,

HAS ADOPTED THIS DECISION:

Article 1

The list of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply is set out in the Annex to this Decision.

Article 2

Decision (CFSP) 2017/1426 is repealed.

Article 3

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

Done at Brussels, 21 March 2018. For the Council The President E. Zaharieva

ANNEX

ANNEX LIST OF PERSONS, GROUPS AND ENTITIES REFERRED TO IN ARTICLE 1

I.1.2.3.4.5.6.7.8.9.10.11.12.13.

PERSONS ABDOLLAHI Hamed (a.k.a. Mustafa Abdullahi), born 11.8.1960 in Iran. Passport number: D9004878. AL-NASSER, Abdelkarim Hussein Mohamed, born in Al Ihsa (Saudi Arabia), citizen of Saudi Arabia. AL YACOUB, Ibrahim Salih Mohammed, born 16.10.1966 in Tarut (Saudi Arabia), citizen of Saudi Arabia. ARBABSIAR Manssor (a.k.a. Mansour Arbabsiar), born 6.3.1955 or 15.3.1955 in Iran. Iranian and US national. Passport number: C2002515 (Iran); Passport number: 477845448 (USA). National ID No: 07442833, expiry date 15.3.2016 (USA driving licence). BOUYERI, Mohammed (a.k.a. Abu ZUBAIR, a.k.a. SOBIAR, a.k.a. Abu ZOUBAIR), born 8.3.1978 in Amsterdam (The Netherlands). EL HAJJ, Hassan Hassan, born 22.3.1988 in Zaghdraiya, Sidon, Lebanon, Canadian citizen. Passport number: JX446643 (Canada). IZZ-AL-DIN, Hasan (a.k.a. GARBAYA, Ahmed, a.k.a. SA-ID, a.k.a. SALWWAN, Samir), Lebanon, born 1963 in Lebanon, citizen of Lebanon. MELIAD, Farah, born 5.11.1980 in Sydney (Australia), Australian citizen. Passport number: M2719127 (Australia). MOHAMMED, Khalid Shaikh (a.k.a. ALI, Salem, a.k.a. BIN KHALID, Fahd Bin Adballah, a.k.a. HENIN, Ashraf Refaat Nabith, a.k.a. WADOOD, Khalid Adbul), born 14.4.1965 or 1.3.1964 in Pakistan, passport number: 488555. ȘANLI, Dalokay (a.k.a. Sinan), born 13.10.1976 in Pülümür (Turkey). SHAHLAI Abdul Reza (a.k.a. Abdol Reza Shala'i, a.k.a. Abd-al Reza Shalai, a.k.a. Abdorreza Shahlai, a.k.a. Abdolreza Shahla'i, a.k.a. Abdul-Reza Shahlaee, a.k.a. Hajj Yusef, a.k.a. Haji Yusif, a.k.a. Hajji Yasir, a.k.a. Hajji Yusif, a.k.a. Yusuf Abu-al-Karkh), born circa 1957 in Iran. Addresses: (1) Kermanshah, Iran, (2) Mehran Military Base, Ilam Province, Iran. SHAKURI Ali Gholam, born circa 1965 in Tehran, Iran. SOLEIMANI Qasem (a.k.a. Ghasem Soleymani, a.k.a. Qasmi Sulayman, a.k.a. Qasem Soleymani, a.k.a. Qasem Solaimani, a.k.a. Qasem Salimani, a.k.a. Qasem Solemani, a.k.a. Qasem Sulaimani, a.k.a. Qasem Sulemani), born 11.3.1957 in Iran. Iranian national. Passport number: 008827 (Iran Diplomatic), issued 1999. Title: Major General.

II.1.2.3.4.5.6.7.8.9.10.11.12.13.14.15.16.17.18.19.20.

GROUPS AND ENTITIES Abu Nidal Organisation — ANO (a.k.a. Fatah Revolutionary Council, a.k.a. Arab Revolutionary Brigades, a.k.a. Black September, a.k.a. Revolutionary Organisation of Socialist Muslims). Al-Aqsa Martyrs' Brigade. Al-Aqsa e.V. Babbar Khalsa. Communist Party of the Philippines, including New People's Army — NPA, Philippines. Gama'a al-Islamiyya (a.k.a. Al-Gama'a al-Islamiyya) (Islamic Group — IG). İslami Büyük Doğu Akıncılar Cephesi — IBDA-C (Great Islamic Eastern Warriors Front. Hamas, including Hamas-Izz al-Din al-Qassem. Hizballah Military Wing (a.k.a. Hezbollah Military Wing, a.k.a. Hizbullah Military Wing, a.k.a. Hizbollah Military Wing, a.k.a. Hezballah Military Wing, a.k.a. Hisbollah Military Wing, a.k.a. Hizbu'llah Military Wing a.k.a. Hizb Allah Military Wing, a.k.a. Jihad Council (and all units reporting to it, including the External Security Organisation)). Hizbul Mujahideen — HM. Khalistan Zindabad Force — KZF. Kurdistan Workers' Party — PKK, (a.k.a. KADEK, a.k.a. KONGRA-GEL). Liberation Tigers of Tamil Eelam — LTTE. Ejército de Liberación Nacional (National Liberation Army). Palestinian Islamic Jihad — PIJ. Popular Front for the Liberation of Palestine — PFLP. Popular Front for the Liberation of Palestine — General Command (a.k.a. PFLP — General Command). Devrimci Halk Kurtuluș Partisi-Cephesi — DHKP/C (a.k.a. Devrimci Sol (Revolutionary Left), a.k.a. Dev Sol) (Revolutionary People's Liberation Army/Front/Party). Sendero Luminoso — SL (Shining Path). Teyrbazen Azadiya Kurdistan — TAK (a.k.a. Kurdistan Freedom Falcons, a.k.a. Kurdistan Freedom Hawks).

Versions

  1. 2018-03-21

Cited by

  • Council Decision (CFSP) 2018/1084 of 30 July 2018 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2018/475 Decision · Grade B
    On 21 March 2018, the Council adopted Decision (CFSP) 2018/475 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP (the list).
  • Council Decision (CFSP) 2018/1084 of 30 July 2018 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2018/475 Decision · Grade B
    The list should be updated accordingly and Decision (CFSP) 2018/475 should be repealed,
  • Council Decision (CFSP) 2018/1084 of 30 July 2018 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2018/475 Decision · Grade B
    Decision (CFSP) 2018/475 is repealed.
  • Judgment of the Court (Grand Chamber) 23 November 2021 Judgment · Grade B
    By its appeal, the Council of the European Union asks the Court of Justice to set aside the judgment of the General Court of the European Union of 4 September 2019, Hamas v Council (T‑308/18, EU:T:2019:557, the judgment under appeal), by which the General Court annulled: Council Decision (CFSP) 2018/475 of 21 March 2018 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2017/1426 (OJ 2018 L 79, p. 26); Council Implementing Regulation (EU) 201
  • Judgment of the Court (Grand Chamber) 23 November 2021 Judgment · Grade B
    On 21 March 2018, the Council adopted Decision 2018/475 and Implementing Regulation 2018/468. Hamas’ name was maintained on the lists annexed to those acts.
  • Judgment of the Court (Grand Chamber) 23 November 2021 Judgment · Grade B
    Recitals 2 to 6 of Decision 2018/475 were worded as follows:
  • Judgment of the Court (Grand Chamber) 23 November 2021 Judgment · Grade B
    Decision 2018/475, Implementing Regulation 2018/468 and the statement of reasons relating to those acts were adopted by the Council by a written procedure, as provided for in Article 12(1) of the Council’s Rules of Procedure.
  • Judgment of the Court (Grand Chamber) 23 November 2021 Judgment · Grade B
    By letter of 22 March 2018, the Council sent Hamas’ lawyer the statement of reasons that justified retaining Hamas on the lists annexed to Decision 2018/475 and Implementing Regulation 2018/468.
  • Judgment of the Court (Grand Chamber) 23 November 2021 Judgment · Grade B
    Decision 2018/475 and Implementing Regulation 2018/468
  • Judgment of the Court (Grand Chamber) 23 November 2021 Judgment · Grade B
    The reasons given in recitals 2 to 6 of Decision 2018/1084 and recitals 1 to 6 of Implementing Regulation 2018/1071 correspond, in essence, to those given, respectively, in recitals 2 to 6 of Decision 2018/475 and recitals 1 to 6 of Implementing Regulation 2018/468, set out in paragraphs 14 and 15 of the present judgment. Similarly, Decision 2018/1084 and Implementing Regulation 2018/1071 and the statement of reasons relating to those acts were adopted by the Council by a written procedure, as provided for in Article 12(1) of its Rules of Procedure.
  • Judgment of the Court (Grand Chamber) 23 November 2021 Judgment · Grade B
    By letter of 31 July 2018, the Council sent Hamas’ lawyer the statement of reasons that justified retaining that organisation on the lists annexed to Decision 2018/1084 and Implementing Regulation 2018/1071. That statement of reasons was largely identical to the statement sent to Hamas to justify its retention on the lists annexed to Decision 2018/475 and Implementing Regulation 2018/468, referred to in paragraphs 17 to 19 of the present judgment.
  • Judgment of the Court (Grand Chamber) 23 November 2021 Judgment · Grade B
    By application lodged at the General Court Registry on 17 May 2018, Hamas brought an action for annulment of Decision 2018/475 and Implementing Regulation 2018/468. Those acts having been repealed and replaced, respectively, by Decision 2018/1084 and Implementing Regulation 2018/1071, Hamas modified the form of order initially sought, so as to ensure that its action also covers the annulment of the latter acts, in so far as they concern it.
  • Judgment of the Court (Grand Chamber) 23 November 2021 Judgment · Grade B
    Sets aside the judgment of the General Court of the European Union of 4 September 2019, Hamas v Council (T‑308/18, EU:T:2019:557), in so far as it upholds the eighth plea relied on at first instance and annuls Council Decision (CFSP) 2018/475 of 21 March 2018 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2017/1426; Council Implementing Regulation (EU) 2018/468 of 21 March 2018 implementing Article 2(3) of Regulation (EC) No 2580/2001 on
  • Opinion of Advocate General Rantos delivered on 3 June 2021 Case C‑833/19 P Council of the European Union v Hamas Opinion · Grade B
    By its appeal, the Council seeks to have set aside the judgment of the General Court of the European Union of 4 September 2019, Hamas v Council, by which the General Court annulled, first, Council Decision (CFSP) 2018/475 of 21 March 2018 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2017/1426, and Council Implementing Regulation (EU) 2018/468 of 21 March 2018 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrict
  • Action brought on 17 May 2018 — Hamas v Council (Case T-308/18) Notice · Grade B
    annul Council Decision (CFSP) 2018/475 of 21 March 2018 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2017/1426 (OJ 2018 L 79, p. 26);
  • Judgment of the General Court (First Chamber) 10 April 2019 Judgment · Grade B
    In Case T‑643/16, Al-Gama’a al-Islamiyya Egypt (Gamaa Islamya Égypte), represented by L. Glock, lawyer, applicant,v Council of the European Union, represented initially by G. Étienne and H. Marcos Fraile, subsequently by H. Marcos Fraile, B. Driessen and V. Piessevaux, and finally by H. Marcos Fraile, B. Driessen and A. Sikora-Kalėda, acting as Agents, defendant, supported by European Commission, represented initially by J. Norris-Usher, L. Havas, R. Tricot and L. Baumgart, and subsequently by R. Tricot, C. Zadra and A. Tizzano, acting as Agents, intervener, APPLICATION based on Article 263 TF
  • Judgment of the General Court (First Chamber) 10 April 2019 Judgment · Grade B
    On 21 March 2018, the Council adopted Decision (CFSP) 2018/475 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931 and repealing Decision 2017/1426 (OJ 2018 L 79, p. 26) and Implementing Regulation (EU) 2018/468 implementing Article 2(3) of Regulation No 2580/2001 and repealing Implementing Regulation (EU) 2017/1420 (OJ 2018 L 79, p. 7) (together the March 2018 measures). The applicant’s name was maintained on the lists annexed to those measures (the March 2018 lists at issue).
  • Judgment of the General Court (First Chamber) 10 April 2019 Judgment · Grade B
    On 30 July 2018, the Council adopted Decision (CFSP) 2018/1084 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931 and repealing Decision 2018/475 (OJ 2018 L 194, p. 144) and Implementing Regulation (EU) 2018/1071 implementing Article 2(3) of Regulation No 2580/2001 and repealing Implementing Regulation (EU) 2018/468 (OJ 2018 L 194, p. 23) (together the July 2018 measures). The applicant’s name was maintained on the lists annexed to those measures (the July 2018 lists at issue).
  • Judgment of the General Court (First Chamber) 10 April 2019 Judgment · Grade B
    Annuls Council Decision (CFSP) 2016/1136 of 12 July 2016 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2015/2430, Council Implementing Regulation (EU) 2016/1127 of 12 July 2016 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 Implementing Regulation (EU) 2015/2425, Council Decision (CFSP) 2017/154 of 2
  • Judgment of the General Court (First Chamber) 4 September 2019 Judgment · Grade B
    In Case T‑308/18, Hamas, established in Doha (Qatar), represented by L. Glock, lawyer, applicant,v Council of the European Union, represented initially by B. Driessen and A. Sikora-Kalėda, then by M. Driessen and S. Van Overmeire, acting as Agents, defendant, APPLICATION under Article 263 TFEU for annulment, first, of Council Decision (CFSP) 2018/475 of 21 March 2018 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2017/1426 (OJ 2018 L 79,