Access to European Union law
<a href="https://eur-lex.europa.eu/content/help/eurlex-content/experimental-features.html" target="_blank">More about the experimental features corner</a>
Choose the experimental features you want to try
EUR-Lex
Access to European Union law

This document is an excerpt from the EUR-Lex website

You are here
Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search

Document 32012D0723

Council Decision 2012/723/CFSP of 26 November 2012 amending Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt

OJ L 327, 27.11.2012, p. 44–44 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

⏵This document has been published in a special edition(s) (HR)

Legal status of the document No longer in force, Date of end of validity: 15/03/2021; Implicitly repealed by 32021D0449

ELI: http://data.europa.eu/eli/dec/2012/723/oj

Date of document:
26/11/2012
Date of effect:
27/11/2012; Entry into force Date pub. See Art 2
Date of end of validity:
15/03/2021; Implicitly repealed by 32021D0449
Author:
Council of the European Union
Form:
Decision
Treaty:
Treaty on European Union
Legal basis:
Link
Link
Link
Link
Link
Select all documents mentioning this document
Modifies:
Relation Act Comment Subdivision concerned From To
Replacement 32011D0172 TXT article 1 P.4 27/11/2012
Replacement 32011D0172 TXT article 1 P.6 27/11/2012
Modified by:
Relation Act Comment Subdivision concerned From To
Implicitly repealed by 32021D0449 16/03/2021
Link

27.11.2012   

EN

Official Journal of the European Union

L 327/44

COUNCIL DECISION 2012/723/CFSP

of 26 November 2012

amending Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

(1)

On 21 March 2011, the Council adopted Decision 2011/172/CFSP (1).

(2)

To facilitate the return of misappropriated funds to the Egyptian State, the derogations under Decision 2011/172/CFSP should be amended to permit the release of certain frozen funds or economic resources where they are required to satisfy a judicial or administrative decision rendered in the Union, or a judicial decision enforceable in a Member State, prior to or after the date of designation of the natural or legal persons, entities and bodies concerned.

(3)

Decision 2011/172/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2011/172/CFSP is hereby amended as follows:

(1)

Article 1(4) is replaced by the following:

‘4.   By way of derogation from paragraph 1, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources, provided the following conditions are met:

(a)

the funds or economic resources are the subject of an 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 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 the Annex; and

(d)

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

The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph.’;

(2)

Article 1(6) is replaced by the following:

‘6.   Paragraph 2 shall not apply to the addition to frozen accounts of:

(a)

interest or other earnings on those accounts; or

(b)

payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to the measures provided for in paragraphs 1 and 2; or

(c)

payments due under judicial, administrative or arbitral decisions rendered in the Union or enforceable in the Member State concerned,

provided that any such interest, other earnings and payments remain subject to the measures provided for in paragraph 1.’.

Article 2

This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

Done at Brussels, 26 November 2012.

For the Council

The President

G. DEMOSTHENOUS

(1)   OJ L 76, 22.3.2011, p. 63.

Top