L 26920 Official Journal of the European Union 14.10.2009 COMMISSION REGULATION (EC) No 954/2009 of 13 October 2009 amending for the 114th 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, Having regard to the Treaty establishing the European Community, 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 certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan, (') and in particular the first indent of Article 7(1) thereof, Whereas: (1) 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. It includes Mr Shafiq Ben Mohamed Ben Mohamed Al- Ayadi and Mr Faraj Faraj Hussein Al-Sa'idi, who were listed in 2002 (3 and 2003 (%), respectively. (2)  Each natural person concerned challenged the listing decision made as regards him. The Court of First Instance rejected their challenges (). Appeals against the judgments of the Court of First Instance are pending in the Court of Justice (°). (3)  Following recent case-law of the Court of Justice (°), the UN Al Qaida and Taliban Sanctions Committee provided, in spring 2009, the grounds for its decisions listing Mr Shafig Ben Mohamed Ben Mohamed Al-Ayadi and Mr Faraj Faraj Hussein Al-Sa'idi. The Commission has published notices () for the attention of the person () OJ L 139, 29.5.2002, p. 9. (3 Regulation (EC) No 881/2002. (%) Commission Regulation (EC) No 2049/2003 (OJ L 303, 21.11.2003, p. 20). (*) Cases T-253/02 and T-49/04, respectively. (°) Cases C-403/06 P and C-399/06 P, respectively. (%) Judgment of 3 September 2008 in Joined Cases C-402/05 P and C- 415/05 P, Yassin Abdullah Kadi and Al Barakaat International Foun- dation v Council of the European Union and Commission of the European Communities [2008] ECR I-6351. () OJ C 145, 25.6.2009, p. 21, and OJ C 105, 7.5.2009, p. 31. concerned to inform them that the UN Al Qaida and Taliban Sanctions Committee had provided the grounds for their listing, which would be communicated upon request with a view to giving them the opportunity to make his point of view on these grounds known. Communications were sent to the addresses included in the relevant entries. Furthermore, by communications dated 24 June 2009, the grounds for listing were notified to either person concerned, at the address of his lawyer, in order to give them the opportunity to comment on these grounds and to make their point of view known. The Commission has received comments from Mr Shafig Ben Mohamed Ben Mohamed Al-Ayadi and from Mr Faraj Faraj Hussein Al-Saidi and examined these comments. 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, currently comprises Mr Shafiq Ben Mohamed Ben Mohamed Al-Ayadi and Mr Faraj Faraj Hussein Al-Sa’idi. After having carefully considered the comments received from Mr Shafiq Ben Mohamed Ben Mohamed Al-Ayadi in a letter dated 23 July 2009, and given the preventive nature of the freezing of funds and economic resources, the Commission considers that the listing of Mr Shafiq Ben Mohamed Ben Mohamed Al-Ayadi is justified for reasons of his association with the Al-Qaida network. After having carefully considered the comments received from Mr Faraj Faraj Hussein Al-Sa’idi in a letter dated 16 July 2009, and given the preventive nature of the freezing of funds and economic resources, the Commission considers the listing of Mr Faraj Faraj Hussein Al-Sa’idi is justified for reasons of his association with the Al-Qaida network. In view of this, the listing decisions concerning Mr Shafiq Ben Mohamed Ben Mohamed Al-Ayadi and Mr Faraj Faraj Hussein Al-Sa'idi should be replaced by new decisions confirming their inclusion in Annex I to Regu- lation (EC) No 881/2002.