Regulation 2014/45 - Amendment of Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya - Main contents

EN

Official Journal of the European Union

L 16/1

Council Regulation (EU) No 204/2011 (2) gives effect to the measures provided for in Decision 2011/137/CFSP.

It is necessary to amend the non-liability clause and the no claims clause provided for in Regulation (EU) No 204/2011 in line with the wording of the Guidelines on implementation and evaluation of restrictive measures (sanctions) in the framework of the EU Common Foreign and Security Policy adopted by the Council on 15 June 2012.

Regulation (EU) No 204/2011 should therefore be amended accordingly,

Article 11 is replaced by the following:

‘Article 11

• 1. 

  The freezing of funds and economic resources or the refusal to make funds or economic resources available, carried out in good faith on the basis that such action is in accordance with this Regulation, shall not give rise to liability of any kind on the part of the natural or legal person, entity or body implementing it, or its directors or employees, unless it is proved that the funds and economic resources were frozen or withheld as a result of negligence.

• 2. 

  Actions by natural or legal persons, entities or bodies shall not give rise to liability of any kind on their part, if they did not know, and had no reasonable cause to suspect, that their actions would infringe the measures set out in this Regulation.’;

Article 12 is replaced by the following:

‘Article 12

• 1. 

  No claims in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by the measures imposed under this Regulation, including claims for indemnity or any other claim of that type, such as a claim for compensation or a claim under a guarantee, in particular a claim for extension or payment of a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by:

• 2. 

  In any proceedings for the enforcement of a claim, the onus of proving that satisfying the claim is not prohibited by paragraph 1 shall be on the person seeking the enforcement of that claim.

• 3. 

  This Article is without prejudice to the right of the persons, entities and bodies referred to in paragraph 1 to judicial review of the legality of the non-performance of contractual obligations in accordance with this Regulation.’.