Council Decision (CFSP) 2021/142 of 5 February 2021 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) 2020/1132
Grade B
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Address https://gelex.eu/eli/EU/decision/2021/142@2021-02-05/en
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 30 July 2020, the Council adopted Decision (CFSP) 2020/1132 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 at regular intervals the names of persons, groups and entities in the list 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 in Common Position 2001/931/CFSP.
(6) The list should be updated accordingly, and Decision (CFSP) 2020/1132 should be repealed,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Decision (CFSP) 2020/1132 is hereby repealed.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, 5 February 2021. For the Council The President A. P. Zacarias
ANNEX
ANNEX LIST OF PERSONS, GROUPS AND ENTITIES REFERRED TO IN ARTICLE 1
I.1.2.3.4.5.6.7.8.9.10.11.12.13.14.
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 number: 07442833, expiry date 15.3.2016 (USA driving licence). ASSADI Assadollah, born 22.12.1971 in Teheran (Iran), Iranian national. Iranian diplomatic passport number: D9016657. 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). HASHEMI MOGHADAM Saeid, born 6.8.1962 in Teheran (Iran), Iranian national. Passport number: D9016290, valid until 4.2.2019. 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. ŞANLI, 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.
II.1.2.3.4.5.6.7.8.9.10.11.12.13.14.15.16.17.18.19.20.21.
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. Directorate for Internal Security of the Iranian Ministry for Intelligence and Security. 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). Teyrêbazên Azadîya Kurdistan – TAK (a.k.a. Kurdistan Freedom Falcons, a.k.a. Kurdistan Freedom Hawks).
Versions
Cited by
- Council Decision (CFSP) 2021/1192 of 19 July 2021 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) 2021/142 Decision · Grade B
On 5 February 2021, the Council adopted Decision (CFSP) 2021/142 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) 2021/1192 of 19 July 2021 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) 2021/142 Decision · Grade B
The list should be updated accordingly, and Decision (CFSP) 2021/142 should be repealed,
- Council Decision (CFSP) 2021/1192 of 19 July 2021 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) 2021/142 Decision · Grade B
Decision (CFSP) 2021/142 is hereby repealed.
- Action brought on 7 April 2021 — PKK v Council (Case T-182/21) Notice · Grade B
First plea in law, alleging that Council Decision (CFSP) 2021/142 and Council Implementing Regulation 2021/138 are void insofar as they concern the applicant because they are in violation of the principle of legal certainty and/or of Article 1(2) of Council Common Position 2001/931/CFSP and/or of Article 2(3) of Council Regulation No 2580/2001. The applicant claims that the Council has failed to provide a clear and precise identification of the conceptualization of the PKK.
- Action brought on 7 April 2021 — PKK v Council (Case T-182/21) Notice · Grade B
Second plea in law, alleging that Council Decision (CFSP) 2021/142 and Council Implementing Regulation 2021/138 are void insofar as they concern the applicant because the applicant cannot be qualified as a group or entity involved in terrorist acts as defined in Article 1(3) of Council Common Position 2001/931/CFSP.
- Action brought on 7 April 2021 — PKK v Council (Case T-182/21) Notice · Grade B
Third plea in law, alleging that Council Decision (CFSP) 2021/142 and Council Implementing Regulation 2021/138 are void insofar as they concern the applicant because no decision by a competent authority has been taken in the meaning of Article 1(4) of Council Common Position 2001/931/CFSP.
- Action brought on 7 April 2021 — PKK v Council (Case T-182/21) Notice · Grade B
Forth plea in law alleging that Council Decision (CFSP) 2021/142 and Council Implementing Regulation 2021/138 are void insofar as they concern the applicant because the Council has not conducted any proper review as required by Article 1(6) of Council Common Position 2001/931/CFSP.
- Action brought on 7 April 2021 — PKK v Council (Case T-182/21) Notice · Grade B
Fifth plea in law, alleging that Council Decision (CFSP) 2021/142 and Council Implementing Regulation 2021/138 are void insofar as they concern the applicant because the decision and implementing regulation do not comply with the requirements of proportionality and subsidiarity.
- Action brought on 7 April 2021 — PKK v Council (Case T-182/21) Notice · Grade B
Sixth plea in law, alleging that Council Decision (CFSP) 2021/142 and Council Implementing Regulation 2021/138 are void insofar as they concern the applicant because they do not comply with the obligation to state reasons in conformity with Article 296 of the Treaty on the Functioning of the European Union.
- Action brought on 7 April 2021 — PKK v Council (Case T-182/21) Notice · Grade B
Seventh plea in law, alleging that Decision (CFSP) 2021/142 and Council Implementing Regulation 2021/138 are void insofar as they concern the applicant because they infringe upon the applicant’s rights of defense and the applicant’s right to effective judicial protection and remedy.
- Appeal brought on 10 February 2023 by Kurdistan Workers' Party (PKK) against the judgment of the General Court (Fourth Chamber) delivered on 14 December 2022 in Case T-182/21, PKK v Council (Case C-72/23 P) Notice · Grade B
give final judgment in the matters that are the subject of this appeal and annul Council Decision (CFSP) 2021/142 and Council Implementing Regulation (EU) No 2021/138 of 5 February 2021; Council Decision (CFSP) 2021/1192 and Council Implementing Regulation (EU) 2021/1188 of 19 July 2021; and Council Decision (CFSP) 2022/152 and Council Implementing Regulation (EU) 2022/147 of 3 February 2022, insofar as they concern the PKK (a.k.a. KADEK a.k.a. KONGRA-GEL);
- Judgment of the Court (Seventh Chamber) 13 March 2025 Judgment · Grade B
By its appeal, the Kurdistan Workers’ Party (PKK) asks the Court of Justice to set aside the judgment of the General Court of the European Union of 14 December 2022, PKK v Council (T‑182/21, EU:T:2022:807; the judgment under appeal), by which the General Court dismissed its action seeking annulment of: Council Implementing Regulation (EU) 2021/138 of 5 February 2021 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) 2020/1128 (OJ 2
- Judgment of the Court (Seventh Chamber) 13 March 2025 Judgment · Grade B
In the statements of reasons for Decision 2021/142 and Implementing Regulation 2021/138 (the first set of acts at issue), the Council explained that the maintenance of the appellant’s name on the lists at issue was based, first, on three decisions of the authorities of the United Kingdom of Great Britain and Northern Ireland, the first of which had been taken on 29 March 2001 by the Secretary of State for the Home Department of the United Kingdom (the United Kingdom’s 2001 decision) under the UK Terrorism Act 2000, as supplemented by an order of 14 July 2006, which considered KADEK and KONGRA-
- Judgment of the General Court of 14 December 2022 — PKK v Council (Case T-182/21) Notice · Grade B
Council Decision (CFSP) 2021/142 of 5 February 2021 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) 2020/1132 (OJ 2021 L 43, p. 14);
- Judgment of the General Court of 14 December 2022 — PKK v Council (Case T-182/21) Notice · Grade B
Council Decision (CFSP) 2021/1192 of 19 July 2021 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 2021/142 (OJ 2021 L 258, p. 42);
- Notice for the attention of the data subjects included on the list of persons, groups and entities subject to Articles 2, 3 and 4 of Council Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, as updated by Council Decision (CFSP) 2021/142, and to Article 2(3) of Council Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism, as implemented by Council Implementing Regulation (EU) 2021/138 2021/C 43/04 Notice · Grade B
The attention of data subjects is drawn to the following information in accordance with Article 16 of Regulation (EU) 2018/1725 of the European Parliament and of the Council. The legal basis for this processing operation are Common Position 2001/931/CFSP, as updated by Council Decision (CFSP) 2021/142, and Council Regulation (EC) No 2580/2001, as implemented by Council Implementing Regulation (EU) 2021/138. The controller of this processing operation is the Council of the European Union represented by the Director-General of RELEX (External Relations) of the General Secretariat of the Council
- The following information is brought to the attention of ABDOLLAHI Hamed, AL-NASSER, Abdelkarim Hussein Mohamed, AL YACOUB, Ibrahim Salih Mohammed, ARBABSIAR Manssor, BOUYERI, Mohammed, IZZ-AL-DIN, Hasan, MOHAMMED, Khalid Shaikh, SHAHLAI Abdul Reza, SHAKURI Ali Gholam, COMMUNIST PARTY OF THE PHILIPPINES, including New People’s Army (NPA), HIZBALLAH MILITARY WING, EJÉRCITO DE LIBERACIÓN NACIONAL (National Liberation Army), POPULAR FRONT FOR THE LIBERATION OF PALESTINE (PFLP), POPULAR FRONT FOR THE LIBERATION OF PALESTINE – General Command, and SENDERO LUMINOSO – SL (Shining Path) persons and groups included on the list of persons, groups and entities subject to Articles 2, 3 and 4 of Council Common Position 2001/931/CFSP on the application of specific measures to combat terrorism and to Council Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (see Annexes to Council Decision (CFSP) 2021/142 and Council Implementing Regulation (EU) 2021/138) 2021/C 193/02 Notice · Grade B
The following information is brought to the attention of the abovementioned persons and groups listed in Council Decision (CFSP) 2021/142 and Council Implementing Regulation (EU) 2021/138. Council Regulation (EC) No 2580/2001 provides for a freezing of all funds, other financial assets and economic resources belonging to the persons and groups concerned and that no funds, other financial assets and economic resources may be made available to them, whether directly or indirectly. The Council has been provided with new information relevant to the listing of the abovementioned persons and groups.
- Notice for the attention of the persons, groups and entities included on the list subject to Articles 2, 3 and 4 of Council Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, as updated by Council Decision (CFSP) 2021/142, and to Article 2(3) of Council Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism, as implemented by Council Implementing Regulation (EU) 2021/138 2021/C 43/03 Notice · Grade B
The following information is brought to the attention of the abovementioned persons, groups and entities listed in Council Decision (CFSP) 2021/142 and Council Implementing Regulation (EU) 2021/138. The Council of the European Union has determined that the reasons for including the persons, groups and entities on the abovementioned list subject to Articles 2, 3 and 4 of Council Common Position 2001/931/CFSP on the application of specific measures to combat terrorism and to Article 2(3) of Council Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and