Council Implementing Regulation (EU) No 83/2011 of 31 January 2011 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) No 610/2010
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Address https://gelex.eu/eli/EU/regulation/2011/83@2011-01-31/en
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, and in particular Article 2(3) thereof,
Whereas:
(1) On 12 July 2010, the Council adopted Implementing Regulation (EU) No 610/2010 implementing Article 2(3) of Regulation (EC) No 2580/2001, establishing an updated list of persons, groups and entities to which Regulation (EC) No 2580/2001 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 Implementing Regulation (EU) No 610/2010. In the case of one group, an amended statement of reasons was provided in November 2010.
(3) By way of a notice published in the Official Journal of the European Union, the Council informed the persons, groups and entities listed in Implementing Regulation (EU) No 610/2010 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. In the case of five groups, an amended statement of reasons was made available in November 2010.
(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) Subject to the appeal pending in Case T-348/07, the Council has concluded that the persons, groups and entities listed in the Annex to this Regulation 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, 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.
(6) Due to the appeal pending in Case T-348/07, the Council has determined that Council Decision 2010/386/CFSP should not be repealed with regard to one group. The review in respect of that group is ongoing.
(7) The list of the persons, groups and entities to which Regulation (EC) No 2580/2001 applies should be updated accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
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 Regulation.
Article 2
Implementing Regulation (EU) No 610/2010 is hereby repealed except in so far as it concerns the group mentioned in entry number 25 in Part 2 of the Annex thereto.
Article 3
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 31 January 2011. For the Council The President C. Ashton
ANNEX
ANNEX LIST OF PERSONS, GROUPS AND ENTITIES REFERRED TO IN ARTICLE 1
1. Persons
1.
1. ABOU, Rabah Naami (aka Naami Hamza, aka Mihoubi Faycal, aka Fellah Ahmed, aka Dafri Rèmi Lahdi), born 1.2.1966 in Algiers (Algeria) — member of al-Takfir and al-Hijra
2. ABOUD, Maisi (aka The Swiss Abderrahmane), born 17.10.1964 in Algiers (Algeria), — member of al-Takfir and al-Hijra
3. AL-MUGHASSIL, Ahmad Ibrahim (aka ABU OMRAN, aka AL-MUGHASSIL, Ahmed Ibrahim), born 26.6.1967 in Qatif-Bab al Shamal (Saudi Arabia), citizen of Saudi Arabia
4. AL-NASSER, Abdelkarim Hussein Mohamed, born in Al Ihsa (Saudi Arabia), citizen of Saudi Arabia
5. AL YACOUB, Ibrahim Salih Mohammed, born 16.10.1966 in Tarut (Saudi Arabia), citizen of Saudi Arabia
6. ARIOUA, Kamel (aka Lamine Kamel), born 18.8.1969 in Costantine (Algeria) — member of al-Takfir and al-Hijra
7. ASLI, Mohamed (aka Dahmane Mohamed), born 13.5.1975 in Ain Taya (Algeria) — member of al-Takfir and al-Hijra
8. ASLI, Rabah, born 13.5.1975 in Ain Taya (Algeria) — member of al-Takfir and al-Hijra
9. ATWA, Ali (aka BOUSLIM, Ammar Mansour, aka SALIM, Hassan Rostom), Lebanon, born 1960 in Lebanon, citizen of Lebanon
10. BOUYERI, Mohammed (aka Abu Zubair, aka Sobiar, aka Abu Zoubair), born 8.3.1978 in Amsterdam (The Netherlands) — member of the Hofstadgroep
11. DARIB, Noureddine (aka Carreto, aka Zitoun Mourad), born 1.2.1972 in Algeria — member of al-Takfir and al-Hijra
12. DJABALI, Abderrahmane (aka Touil), born 1.6.1970 in Algeria — member of al-Takfir and al-Hijra
13. EL FATMI, Nouredine (aka Nouriddin EL FATMI, aka Nouriddine EL FATMI, aka Noureddine EL FATMI, aka Abu AL KA’E KA’E, aka Abu QAE QAE, aka Fouad, aka Fzad, aka Nabil EL FATMI, aka Ben Mohammed, aka Ben Mohand Ben Larbi, aka Ben Driss Muhand Ibn Larbi, aka Abu Tahar, aka Eggie), born 15.8.1982 in Midar (Morocco), passport (Morocco) No N829139 — member of the Hofstadgroep
14. EL-HOORIE, Ali Saed Bin Ali (aka AL-HOURI, Ali Saed Bin Ali, aka EL-HOURI, Ali Saed Bin Ali), born 10.7.1965 or 11.7.1965 in El Dibabiya (Saudi Arabia), citizen of Saudi Arabia
15. FAHAS, Sofiane Yacine, born 10.9.1971 in Algiers (Algeria) — member of al-Takfir and al-Hijra
16. IZZ-AL-DIN, Hasan (aka GARBAYA, Ahmed, aka SA-ID, aka SALWWAN, Samir), Lebanon, born 1963 in Lebanon, citizen of Lebanon
17. MOHAMMED, Khalid Shaikh (aka ALI, Salem, aka BIN KHALID, Fahd Bin Adballah, aka HENIN, Ashraf Refaat Nabith, aka WADOOD, Khalid Adbul), born 14.4.1965 or 1.3.1964 in Pakistan, passport No 488555
18. MOKTARI, Fateh (aka Ferdi Omar), born 26.12.1974 in Hussein Dey (Algeria) — member of al-Takfir and al-Hijra
19. NOUARA, Farid, born 25.11.1973 in Algiers (Algeria) — member of al-Takfir and al-Hijra
20. RESSOUS, Hoari (aka Hallasa Farid), born 11.9.1968 in Algiers (Algeria) — member of al-Takfir and al-Hijra
21. SEDKAOUI, Noureddine (aka Nounou), born 23.6.1963 in Algiers (Algeria) — member of al-Takfir and al-Hijra
22. SELMANI, Abdelghani (aka Gano), born 14.6.1974 in Algiers (Algeria) — member of al-Takfir and al-Hijra
23. SENOUCI, Sofiane, born 15.4.1971 in Hussein Dey (Algeria) — member of al-Takfir and al-Hijra
24. TINGUALI, Mohammed (aka Mouh di Kouba), born 21.4.1964 in Blida (Algeria) — member of al-Takfir and al-Hijra
25. WALTERS, Jason Theodore James (aka Abdullah, aka David), born 6.3.1985 in Amersfoort (The Netherlands), passport (The Netherlands) No NE8146378 — member of the Hofstadgroep
2. Groups and entities
2.
1. Abu Nidal Organisation — ANO (aka Fatah Revolutionary Council, aka Arab Revolutionary Brigades, aka Black September, aka Revolutionary Organisation of Socialist Muslims)
2. Al-Aqsa Martyrs’ Brigade
3. Al-Aqsa e.V.
4. Al-Takfir and Al-Hijra
5. Aum Shinrikyo (aka AUM, aka Aum Supreme Truth, aka Aleph)
6. Babbar Khalsa
7. Communist Party of the Philippines, including New People’s Army — NPA, Philippines
8. Gama’a al-Islamiyya (aka Al-Gama’a al-Islamiyya) (Islamic Group — IG)
9. İslami Büyük Doğu Akıncılar Cephesi — IBDA-C (Great Islamic Eastern Warriors Front)
10. Hamas, including Hamas-Izz al-Din al-Qassem
11. Hizbul Mujahideen — HM
12. Hofstadgroep
13. Holy Land Foundation for Relief and Development
14. International Sikh Youth Federation — ISYF
15. Khalistan Zindabad Force — KZF
16. Kurdistan Workers’ Party — PKK, (aka KADEK, aka KONGRA-GEL)
17. Liberation Tigers of Tamil Eelam — LTTE
18. Ejército de Liberación Nacional (National Liberation Army)
19. Palestinian Islamic Jihad — PIJ
20. Popular Front for the Liberation of Palestine — PFLP
21. Popular Front for the Liberation of Palestine — General Command (aka PFLP — General Command)
22. Fuerzas armadas revolucionarias de Colombia — FARC (Revolutionary Armed Forces of Colombia)
23. Devrimci Halk Kurtuluș Partisi-Cephesi — DHKP/C (aka Devrimci Sol (Revolutionary Left), aka Dev Sol) (Revolutionary People’s Liberation Army/Front/Party)
24. Sendero Luminoso — SL (Shining Path)
25. Teyrbazen Azadiya Kurdistan — TAK (aka Kurdistan Freedom Falcons, aka Kurdistan Freedom Hawks)
26. Autodefensas Unidas de Colombia — AUC (United Self-Defense Forces/Group of Colombia)
Versions
Cited by
- Council Implementing Regulation (EU) No 687/2011 of 18 July 2011 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 Regulations (EU) No 610/2010 and (EU) No 83/2011 Regulation · Grade B
On 31 January 2011, by Implementing Regulation (EU) No 83/2011, the Council established an updated list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies and repealed Implementing Regulation (EU) No 610/2010, except in so far as it concerns the group mentioned in entry number 25 in Part 2 of the Annex thereto.
- Council Implementing Regulation (EU) No 687/2011 of 18 July 2011 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 Regulations (EU) No 610/2010 and (EU) No 83/2011 Regulation · Grade B
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 Implementing Regulation (EU) No 83/2011.
- Council Implementing Regulation (EU) No 687/2011 of 18 July 2011 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 Regulations (EU) No 610/2010 and (EU) No 83/2011 Regulation · Grade B
By way of a notice published in the Official Journal of the European Union, the Council informed the persons, groups and entities listed in Implementing Regulation (EU) No 83/2011 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. In relation to certain persons and groups, an amended statement of reasons was made available.
- Council Implementing Regulation (EU) No 687/2011 of 18 July 2011 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 Regulations (EU) No 610/2010 and (EU) No 83/2011 Regulation · Grade B
Implementing Regulation (EU) No 610/2010, in so far as it concerns the group mentioned in entry number 25 in Part 2 of the Annex thereto, and Implementing Regulation (EU) No 83/2011 are hereby repealed.
- Judgment of the General Court of 16 October 2014 — LTTE v Council (Joined Cases T-208/11 and T-508/11) Notice · Grade B
(Common foreign and security policyRestrictive measures against certain persons and entities with a view to combating terrorismFreezing of fundsApplicability of Regulation (EC) No 2580/2001 to situations of armed conflictPossibility for an authority of a third State to be classified as a competent authority within the meaning of Common Position 2001/931/CFSPFactual basis of the decisions to freeze fundsReference to terrorist actsNeed for a decision of a competent authority for the purpose of Common Position 2001/931)2014/C 421/38Language of the case: English Applicant: Liberation Tigers of Tam
- Judgment of the General Court of 16 October 2014 — LTTE v Council (Joined Cases T-208/11 and T-508/11) Notice · Grade B
Annuls Council Implementing Regulation (EU) No 83/2011 of 31 January 2011, No 687/2011 of 18 July 2011, No 1375/2011 of 22 December 2011, No 542/2012 of 25 June 2012, No 1169/2012 of 10 December 2012, No 714/2013 of 25 July 2013, No 125/2014 of 10 February 2014 and No 790/2014 of 22 July 2014 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 Regulations (EU) Nos 610/2010, 83/2011, 687/2011, 1375/2011, 542/2012, 1169/2012, 714/2013 and 125/2014 in
- Opinion of advocate general Sharpston delivered on 22 September 2016 Case C‑599/14 P Council of the European Union v Liberation Tigers of Tamil Eelam (LTTE) Opinion · Grade B
The LTTE was first put on the list annexed to Common Position 2001/931 by Common Position 2006/380/CFSP. It was placed on the same day on the Article 2(3) list by Council Decision 2006/379/EC. The LTTE did not challenge that initial listing. It has remained on the Article 2(3) list as a result of a series of decisions and regulations (including the contested regulations), each of which repealed and replaced its predecessor. When the LTTE lodged its first action at the General Court, it sought annulment of Council Implementing Regulation (EU) No 83/2011, in so far as it concerned the LTTE. That
- Opinion of advocate general Sharpston delivered on 22 September 2016 Case C‑599/14 P Council of the European Union v Liberation Tigers of Tamil Eelam (LTTE) Opinion · Grade B
The General Court described the content of the statement of reasons in connection with Implementing Regulation No 83/2011 as follows:
- Opinion of advocate general Sharpston delivered on 22 September 2016 Case C‑599/14 P Council of the European Union v Liberation Tigers of Tamil Eelam (LTTE) Opinion · Grade B
On 11 April 2011, the LTTE brought an action (registered as Case T‑208/11) before the General Court challenging its inclusion in the Article 2(3) list in Implementing Regulation No 83/2011. After the LTTE was maintained on the list annexed to Implementing Regulation No 687/2011, it brought a new action (registered as Case T‑508/11) seeking annulment of that regulation on the same terms. After that regulation was repealed and replaced by Council Implementing Regulation (EU) No 1375/2011 and the LTTE was maintained on the Article 2(3) list, the LTTE requested that Cases T‑208/11 and T‑508/11 be
- Judgment of the General Court (Second Chamber) 17 December 2014 Judgment · Grade B
On 31 January 2011, the Council adopted Decision 2011/70/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931 (OJ 2011 L 28, p. 57), whereby it maintained the applicant on the list, and Implementing Regulation (EU) No 83/2011 implementing Article 2(3) of Regulation No 2580/2001 and repealing Implementing Regulation No 610/2010 (OJ 2011 L 28, p. 14) (the Council measures of January 2011).
- Judgment of the General Court (First Chamber, Extended Composition) 14 December 2018 Judgment · Grade B
In Case T‑400/10 RENV, Hamas, established in Doha (Qatar), represented by L. Glock, lawyer, applicant,v Council of the European Union, represented by B. Driessen, M. Bishop and A. Sikora-Kalėda, acting as Agents, defendant, supported by French Republic, represented by D. Colas and F. Fize, acting as Agents, and by European Commission, represented initially by F. Castillo de la Torre, M. Konstantinidis and R. Tricot, and subsequently by F. Castillo de la Torre, L. Baumgart and C. Zadra, acting as Agents, interveners, ACTION under Article 263 TFEU seeking annulment, first, of the Council Notice
- Judgment of the General Court (First Chamber, Extended Composition) 14 December 2018 Judgment · Grade B
On 31 January 2011, the Council adopted Decision 2011/70/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931 (OJ 2011 L 28, p. 57) and Implementing Regulation (EU) No 83/2011 implementing Article 2(3) of Regulation No 2580/2001 and repealing Implementing Regulation (EU) No 610/2010 (OJ 2011 L 28, p. 14) (together, the January 2011 measures). The name Hamas (including Hamas-Izz al-Din al-Qassem) was maintained on the lists annexed to those measures (the January 2011 lists at issue).
- Judgment of the General Court of 14 December 2018 — Hamas v Council (Case T-400/10 RENV) Notice · Grade B
(Common foreign and security policyRestrictive measures against certain persons and entities with a view to combating terrorismFreezing of fundsPossibility for an authority of a non-member State to be classified as a competent authority within the meaning of Common Position 2001/931/CFSPFactual basis of the decisions to freeze fundsDuty to state reasonsError of assessmentRight to effective judicial protectionRights of the defenceRight to property)2019/C 93/48Language of the case: French Applicant: Hamas (Doha, Qatar) (represented by: L. Glock, lawyer) Defendant: Council of the European Union (
- Action brought on 11 April 2011 — LTTE v Council (Case T-208/11) Notice · Grade B
annul Council Implementing Regulation (EU) No 83/2011 in as far as it concerns the applicant;
- Action brought on 11 April 2011 — LTTE v Council (Case T-208/11) Notice · Grade B
In the present case the applicant seeks the partial annulment of Council Implementing Regulation (EU) No 83/2011 in so far as the name of the applicant is maintained on the list of natural and legal persons, entities and bodies whose funds and economic resources are frozen in accordance with this provision. In support of the action, the applicant relies on six pleas in law.
- Action brought on 11 April 2011 — LTTE v Council (Case T-208/11) Notice · Grade B
First plea in law, alleging that the Council Implementing Regulation (EU) No 83/2011 is void in as far as it concerns the applicant and/or the Council Regulation (EC) No 2580/2001 is inapplicable due to a failure to take regard of the law of armed conflict.
- Action brought on 11 April 2011 — LTTE v Council (Case T-208/11) Notice · Grade B
Second plea in law, alleging that the Council Implementing Regulation (EU) No 83/2011 is void in as far as it concerns the applicant since the applicant cannot be qualified as a terrorist organisation as defined in Article 1(3) of Council Common Position 2001/931/CFSP. In this regard the applicant submits that its activities do not amount to offences under international humanitarian law and national criminal law, which does not apply to situations of armed conflict.
- Action brought on 11 April 2011 — LTTE v Council (Case T-208/11) Notice · Grade B
Third plea in law, alleging that the Council Implementing Regulation (EU) No 83/2011 is void in as far as it concerns the applicant because no decision by a competent authority, as required by Article 1(4) of Council Common Position 2001/931/CFSP, has been taken.
- Action brought on 11 April 2011 — LTTE v Council (Case T-208/11) Notice · Grade B
Fourth plea in law, alleging that the Council Implementing Regulation (EU) No 83/2011 is void in as far as it concerns the applicant since the Council did not conduct any review as required by Article 1(6) of Council Common Position 2001/931/CFSP. The applicant contends that, as it no longer uses military means to achieve its goals and is no longer directly active in Sri Lanka, such a review would have led to the conclusion that it must be removed from the list.
- Action brought on 11 April 2011 — LTTE v Council (Case T-208/11) Notice · Grade B
Fifth plea in law, alleging that the Council Implementing Regulation (EU) No 83/2011 is void in as far as it concerns the applicant as it does not comply with the obligation to state reasons in violation of Article 296 TFUE.