Council Decision (CFSP) 2022/1367 of 4 August 2022 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia
Date: 2022-08-04
Institutions: Council of the European Union
Subjects: EU restrictive measure, Tunisia, economic sanctions, international sanctions, natural person, right to justice, rights of the defence




L_2022205EN.01027601.xml










5.8.2022   


EN


Official Journal of the European Union


L 205/276








            COUNCIL DECISION (CFSP) 2022/1367
of 4 August 2022
         
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,

Having regard to the Treaty on European Union and in particular Article 29 thereof,


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

Whereas:







(1)


On 31 January 2011, the Council adopted Decision 2011/72/CFSP (1) concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia.












(2)


The entry for one person, against whom the application of restrictive measures expired on 31 July 2022, as well as the information regarding his rights of defence and his right to effective judicial protection should be deleted.












(3)


Decision 2011/72/CFSP should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Decision 2011/72/CFSP is amended as follows:






(1)


Article 5 is replaced by the following:

‘Article 5

1.   This Decision shall apply until 31 January 2023.


2.   This Decision shall be kept under constant review. It may be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.’;












(2)


the Annex is amended in accordance with the Annex to this Decision.






Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.




Done at Brussels, 4 August 2022.


For the Council


The President

M. BEK
            





(1)  Council Decision 2011/72/CFSP of 31 January 2011 concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ L 28, 2.2.2011, p. 62).




ANNEX
The Annex to Decision 2011/72/CFSP is amended as follows:






(1)


in Section A (‘List of persons and entities referred to in Article 1’), the entry for the following person is deleted:






‘45.


Montassar Ben Habib Ben Bouali LTAIEF’;














(2)


in Section B (‘Rights of defence and right to effective judicial protection under Tunisian law:’), the following entry is deleted:






‘45.


Montassar Ben Habib Ben Bouali LTAIEF
The investigation or trial relating to the misappropriation of public funds or assets is still ongoing. The information on the Council’s file shows that the rights of defence and the right to effective judicial protection were respected in the judicial proceedings on which the Council relied. This is demonstrated in particular by the fact that in 2011 and 2013 Mr Montassar Ben Habib Ben Bouali LTAIEF was heard by an investigating judge in the presence of his lawyers.’.