Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia
Date: 2012-11-08
Institutions: European Commission, High Representative of the Union
Subjects: Tunisia, economic sanctions, international sanctions

EUROPEAN 
COMMISSION 

HIGH REPRESENTATIVE OF THE
EUROPEAN UNION FOR
FOREIGN AFFAIRS AND
SECURITY POLICY

Brussels, 8.11.2012  
JOIN(2012) 31 final 

2012/0318 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive 
measures directed against certain persons, entities and bodies in view of the situation in 
Tunisia 

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EXPLANATORY MEMORANDUM 

(1) 

(2) 

(3) 

(4) 

On 31 January 2011, the Council adopted Council Decision 2011/72/CFSP concerning 
restrictive  measures  directed  against  certain  persons  and  entities  in  view  of  the 
situation in Tunisia. 

Council Decision 2012/…./CFSP of ….provides for an amendment to the derogations 
given in Article 1 of Council Decision 2011/72/CFSP to expand their scope to permit 
the  release  of  funds  and  economic  resources  where  they  are  required  to  satisfy  a 
judicial  or  administrative  decision  rendered  in  the  EU,  or  a  judicial  decision 
enforceable in a Member State. 

An  amendment  to  Regulation  (EU)  No  101/2011  of  4  February  2011  concerning 
restrictive  measures  directed  against  persons,  entities  and  bodies  in  view  of  the 
situation in Tunisia is necessary to give effect to this Decision.  

Article 9 of Regulation (EU) No 101/2011 concerns information sharing by persons, 
entities and bodies in order to facilitate compliance with the Regulation. In accordance 
with Article 9(2), information provided or received shall be used only for the purposes 
for  which  it  was  provided  or  received.  This  amendment  clarifies  that  this  does  not 
prevent Member States from sharing such information with Tunisia and other Member 
States  in  accordance  with  national  law  in  order  to  assist  the  recovery  of 
misappropriated assets in certain circumstances.  

(5) 

The High Representative of the Union for Foreign Affairs and Security Policy and the 
European Commission propose to amend Regulation (EU) No 101/2011 accordingly. 

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2012/0318 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive 
measures directed against certain persons, entities and bodies in view of the situation in 
Tunisia 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 215 thereof,  

Having regard to Council Decision 2011/72/CFSP of 31 January 2011 concerning restrictive 
measures directed against certain persons and entities in view of the situation in Tunisia1, 

Having  regard  to  the  joint  proposal  from  the  High  Representative  of  the  Union  for  Foreign 
Affairs and Security Policy and the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

Council  Regulation  (EU)  No  101/2011  of  4  February  2011  concerning  restrictive 
measures directed against certain persons, entities and bodies in view of the situation 
in  Tunisia2  gives  effect  to  the  measures  provided  for  in  Council  Decision 
2011/72/CFSP.  

Council  Decision  2012/…./CFSP  of  ….  provides  for  an  amendment  to  Council 
Decision 2011/72/CFSP to enable the release of frozen funds and economic resources 
where they are required to satisfy a judicial or administrative decision rendered in the 
EU, or a judicial decision enforceable in a Member State. 

Article 9 of Council Regulation (EU) No 101/2011 concerns information to be shared 
by  persons,  entities  and  bodies  with  the  competent  authorities  of  Member  States, 
which shall be transmitted to the Commission,  in order to facilitate compliance with 
the Regulation. In accordance with Article 9(2), information provided or received shall 
be  used  only  for  the  purposes  for  which  it  was  provided  or  received.  This  shall  not 
prevent Member States from sharing such information with Tunisia and other Member 
States  under  national  law  where  necessary  and  for  the  sole  purpose  of  assisting  the 
recovery of misappropriated assets.  

(4) 

Regulation (EU) No 101/2011 should therefore be amended accordingly, 

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OJ L 28, 2.2.2011, p. 62. 
OJ L 31, 5.2.2011, p. 1. 

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HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EU) No 101/2011 is amended as follows: 

(1) 

Article 5 shall be replaced by the following: 

"Article 5 

1. By way of derogation from Article 2, the competent authorities in Member States, 
as indicated on the websites listed in Annex II, may authorise the release of certain 
frozen funds or economic resources, if the following conditions are met: 

(a) the funds or economic resources are subject of an arbitral decision rendered prior 
to the date on which the natural or legal person, entity or body referred to in Article 2 
was listed in Annex I, or of a judicial or administrative decision rendered in the EU, 
or  a  judicial  decision  enforceable  in  the  Member  State  concerned,  prior  to  or  after 
that date; 

(b)  the  funds  or  economic  resources  will  be  used  exclusively  to  satisfy  claims 
secured by such a decision or recognised as valid in such a decision, within the limits 
set  by  applicable  laws  and  regulations  governing  the  rights  of  persons  having  such 
claims; 

(c) the decision is not for the benefit of a natural or legal person, entity or body listed 
in Annex I; 

(d)  recognising  the  decision  is  not  contrary  to  public  policy  in  the  Member  State 
concerned. 

2. The competent authority will inform the competent authority of the other Member 
States and the Commission of any authorisation granted under this Article." 

(2) 

After Article 9(2) the following paragraph 3 shall be added: 

Article 2 

"3.  Paragraph 2 shall not prevent Member States from sharing that information in 
accordance  with  their  national  law  with  Tunisia  and  other  Member  States  where 
necessary  and  for  the  sole  purpose  of  assisting  the  recovery  of  misappropriated 
assets."  

This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

Article 3 

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This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels,  

For the Council 
The President 

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