HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 327/14
EN
Official Journal of the European Union
27.11.2012
II
(Non-legislative acts)
REGULATIONS
COUNCIL REGULATION (EU) No 1099/2012
of 26 November 2012
amending Regulation (EU) No 270/2011 concerning restrictive measures directed against certain
persons, entities and bodies in view of the situation in Egypt
THE COUNCIL OF THE EUROPEAN UNION,
authorities of Egypt and other Member States where
necessary for the purpose of assisting the recovery of
misappropriated assets.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 215(2) thereof,
(4) Regulation
(EU)
No
270/2011
should
therefore
be
amended accordingly,
Having regard to Council Decision 2011/172/CFSP of 21 March
2011 concerning restrictive measures directed against certain
HAS ADOPTED THIS REGULATION:
persons, entities and bodies in view of the situation in Egypt ( 1 ),
Article 1
Having regard to the joint proposal of the High Representative
Regulation (EU) No 270/2011 is hereby amended as follows:
of the Union for Foreign Affairs and Security Policy and of the
European Commission,
(1) Article 5 is replaced by the following:
Whereas:
‘Article 5
1. By
way
of
derogation
from
Article
2,
the
competent
authorities in Member States, as indicated on the websites
(1) Council
Regulation
(EU)
No
270/2011
( 2 ) gives effect to
the measures provided for in Decision 2011/172/CFSP.
listed in Annex II, may authorise the release of certain

frozen funds or economic resources, provided the
following conditions are met:
(2) Council
Decision
2012/723/CFSP
( 3 ) provides for an
amendment to Decision 2011/172/CFSP in order to
(a) the funds or economic resources are the subject of an
permit the release of certain frozen funds or economic
arbitral decision rendered prior to the date on which the
resources where they are required to satisfy a judicial or
natural or legal person, entity or body referred to in
administrative decision rendered in the Union, or a
Article 2 was listed in Annex I, or of a judicial or
judicial decision enforceable in a Member State.
administrative decision rendered in the Union, or a
judicial decision enforceable in the Member State
concerned, prior to or after that date;
(3) Article
9
of
Regulation
(EU)
No
270/2011
concerns
information to be supplied by persons, entities and
(b) the funds or economic resources will be used exclusively
bodies to the competent authorities of Member States,
to satisfy claims secured by such a decision or
which has to be transmitted to the Commission, in order
recognised as valid in such a decision, within the
to facilitate compliance with that Regulation. In
limits set by applicable laws and regulations governing
accordance with Article 9(2), any information provided
the rights of persons having such claims;
or received is to be used only for the purposes for which
it was provided or received. However, this should not
prevent Member States from sharing such information,
(c) the decision is not for the benefit of a natural or legal
in accordance with their national law, with the relevant
person, entity or body listed in Annex I; and
( 1 ) OJ L 76, 22.3.2011, p. 63.
( 2 ) OJ L 76, 22.3.2011, p. 4.
(d) recognising the decision is not contrary to public policy
( 3 ) See page 44 of this Official Journal.
in the Member State concerned.

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EN
27.11.2012 Official
Journal
of
the
European
Union L
327/15
2. The
Member
State
concerned
shall
inform
the
other
(c) payments due under judicial, administrative or arbitral
Member States and the Commission of any authorisation
decisions rendered in the Union or enforceable in the
granted under this Article.’;
Member State concerned,
provided that such interest, other earnings and payments
(2) Article 6(1) is replaced by the following:
are frozen in accordance with Article 2(1).’;
‘1. Article
2(2)
shall
not
apply
to
the
addition
to
frozen (3) in Article 9, the following paragraph is added:
accounts of:
‘3. Paragraph
2
shall
not
prevent
Member
States
from
sharing that information, in accordance with their national
(a) interest or other earnings on those accounts; or
law, with the relevant authorities of Egypt and other
Member States where necessary for the purpose of
assisting the recovery of misappropriated assets.’.
(b) payments due under contracts, agreements or
obligations that were concluded or arose before the
Article 2
date on which the natural or legal person, entity or
body referred to in Article 2 has been listed in Annex
This Regulation shall enter into force on the day following that
I; or
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, 26 November 2012.
For the Council
The President
G. DEMOSTHENOUS

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Document Outline

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