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27.11.2012 Official
Journal
of
the
European
Union L
327/45
COUNCIL DECISION 2012/724/CFSP
of 26 November 2012
amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons
and entities in view of the situation in Tunisia
THE COUNCIL OF THE EUROPEAN UNION,
recognised as valid in such a decision, within the limits
set by applicable laws and regulations governing the
Having regard to the Treaty on European Union, and in
rights of persons having such claims;
particular Article 29 thereof,
(c) the decision is not for the benefit of a natural or legal
Whereas:
person, entity or body listed in the Annex; and
(1) On
31
January
2011,
the
Council
adopted
Decision
(d) recognising the decision is not contrary to public policy
2011/72/CFSP ( 1 ).
in the Member State concerned.
(2) To
facilitate
the
return
of
misappropriated
funds
to
the
The Member State concerned shall inform the other
Tunisian State, the derogations under Decision
Member States and the Commission of any authorisation
2011/72/CFSP should be amended to permit the
granted under this paragraph.’;
release of certain frozen funds or economic resources
where they are required to satisfy a judicial or adminis
(2) Article 1(5) is replaced by the following:
trative decision rendered in the Union, or a judicial
decision enforceable in a Member State, prior to or
‘5. Paragraph 2 shall not apply to the addition to frozen
after the date of designation of the natural or legal
accounts of:
persons, entities and bodies concerned.
(a) interest or other earnings on those accounts; or
(3) Decision
2011/72/CFSP
should
therefore
be
amended
accordingly,
(b) payments due under contracts, agreements or
obligations that were concluded or arose prior to the
HAS ADOPTED THIS DECISION:
date on which those accounts became subject to this
Decision; or
Article 1
(c) payments due under judicial, administrative or arbitral
Decision 2011/72/CFSP is hereby amended as follows:
decisions rendered in the Union or enforceable in the
Member State concerned,
(1) Article 1(4) is replaced by the following:
provided that any such interest, other earnings and
‘4. By way of derogation from paragraph 1, the
payments remain subject to the measures provided for in
competent authorities of a Member State, may authorise
paragraph 1.’.
the release of certain frozen funds or economic resources,
provided the following conditions are met:
Article 2
This Decision shall enter into force on the date of its
(a) the funds or economic resources are the subject of an
publication in the Official Journal of the European Union.
arbitral decision rendered prior to the date on which the
natural or legal person, entity or body referred to in
paragraph 1 was listed in the Annex or of a judicial
or administrative decision rendered in the Union, or a
Done at Brussels, 26 November 2012.
judicial decision enforceable in the Member State
concerned, prior to or after that date;
For the Council
(b) the funds or economic resources will be used exclusively
The President
to satisfy claims secured by such a decision or
G. DEMOSTHENOUS
( 1 ) OJ L 28, 2.2.2011, p. 62.

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