HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 327/16
EN
Official Journal of the European Union
27.11.2012
COUNCIL REGULATION (EU) No 1100/2012
of 26 November 2012
amending Regulation (EU) No 101/2011 concerning restrictive measures directed against certain
persons, entities and bodies in view of the situation in Tunisia
THE COUNCIL OF THE EUROPEAN UNION,
listed in Annex II, may authorise the release of certain
frozen funds or economic resources, provided the
Having regard to the Treaty on the Functioning of the European
following conditions are met:
Union, and in particular Article 215(2) thereof,
(a) the funds or economic resources are the subject of an
Having regard to Council Decision 2011/72/CFSP of 31 January
arbitral decision rendered prior to the date on which the
2011 concerning restrictive measures directed against certain
natural or legal person, entity or body referred to in
persons and entities in view of the situation in Tunisia ( 1 ),
Article 2 was listed in Annex I, or of a judicial or
administrative decision rendered in the Union, or a
Having regard to the joint proposal of the High Representative
judicial decision enforceable in the Member State
of the Union for Foreign Affairs and Security Policy and of the
concerned, prior to or after that date;
European Commission,
(b) the funds or economic resources will be used exclusively
Whereas:
to satisfy claims secured by such a decision or
recognised as valid in such a decision, within the
(1) Council
Regulation
(EU)
No
101/2011
(
limits set by applicable laws and regulations governing

2 ) gives effect to
the measures provided for in Decision 2011/72/CFSP.
the rights of persons having such claims;
(2) Council
Decision
2012/724/CFSP
( 3 ) provides for an
(c) the decision is not for the benefit of a natural or legal
amendment to Decision 2011/72/CFSP in order to
person, entity or body listed in Annex I; and
permit the release of certain frozen funds or economic
resources where they are required to satisfy a judicial or
(d) recognising the decision is not contrary to public policy
administrative decision rendered in the Union, or a
in the Member State concerned.
judicial decision enforceable in a Member State.
2. The
Member
State
concerned
shall
inform
the
other
(3) Article
9
of
Regulation
(EU)
No
101/2011
concerns
Member States and the Commission of any authorisation
information to be supplied by persons, entities and
granted under this Article.’;
bodies to the competent authorities of Member States,
which has to be transmitted to the Commission, in order
to facilitate compliance with that Regulation. In
(2) Article 6(1) is replaced by the following:
accordance with Article 9(2), any information provided
or received is to be used only for the purposes for which
‘1. Article 2(2) shall not apply to the addition to frozen
it was provided or received. However, this should not
accounts of:
prevent Member States from sharing such information,
in accordance with their national law, with the relevant
(a) interest or other earnings on those accounts; or
authorities of Tunisia 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
date on which the natural or legal person, entity or
(4) Regulation
(EU)
No
101/2011
should
therefore
be
amended accordingly,
body referred to in Article 2 has been listed in Annex

I; or
HAS ADOPTED THIS REGULATION:
(c) payments due under judicial, administrative or arbitral
decisions rendered in the Union or enforceable in the
Article 1
Member State concerned,
Regulation (EU) No 101/2011 is hereby amended as follows:
provided that such interest, other earnings and payments
(1) Article 5 is replaced by the following:
are frozen in accordance with Article 2(1).’;
‘Article 5
(3) in Article 9, the following paragraph is added:
1. By
way
of
derogation
from
Article
2,
the
competent
authorities in Member States, as indicated on the websites
‘3. Paragraph
2
shall
not
prevent
Member
States
from
sharing that information, in accordance with their national
law, with the relevant authorities of Tunisia and other
( 1 ) OJ L 28, 2.2.2011, p. 62.
( 2 ) OJ L 31, 5.2.2011, p. 1.
Member States where necessary for the purpose of
( 3 ) See page 45 of this Official Journal.
assisting the recovery of misappropriated assets.’.

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EN
27.11.2012 Official
Journal
of
the
European
Union L
327/17
Article 2
This Regulation shall enter into force on the day following that 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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