58The Council and the Commission also submit that the absence of a judgment by the General Court on the merits does not represent a risk that the inclusion of Mr Abdulrahim on the list will come back into force. Council Regulation (EU) No 1286/2009 of 22 December 2009 amending Regulation No 881/2002 (OJ 2009 L 346, p. 42) inserted into Regulation No 881/2002 Article 7a, under which a new listing decision can be taken only if the Commission obtains a statement of reasons from the United Nations Security Council, which it must communicate to the person concerned without delay after adoption of its listing decision so that that person may put forward his observations for the purposes of any review by the Commission of its decision. In the case in point, the decision of the United Nations Security Council to remove Mr Abdulrahim from the Sanctions Committee list leaves no doubt that he will not be re-entered on that list in the absence of a change in the factual circumstances. Moreover, a judgment by the General Court would have no bearing on the Security Council’s decision to remove Mr Abdulrahim from that list in December 2010.
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