Considerations on COM(2011)45 - Restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia

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dossier COM(2011)45 - Restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia.
document COM(2011)45 EN
date February  5, 2011
 
table>(1)Decision 2011/72/CFSP provides for the freezing of funds and economic resources belonging to, owned, held or controlled by certain persons responsible for the misappropriation of Tunisian State funds, and persons associated with them, who are thus depriving the Tunisian people of the benefits of the sustainable development of their economy and society and undermining the development of democracy in the country. Those natural or legal persons, entities and bodies are listed in the Annex to the Decision.
(2)Those measures fall within the scope of the Treaty on the Functioning of the European Union and regulatory action at the level of the Union is therefore necessary in order to implement them, in particular with a view to ensuring their uniform application by economic operators in all Member States.

(3)This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and notably the right to an effective remedy and to a fair trial and the right to the protection of personal data. This Regulation should be applied in accordance with those rights.

(4)The power to amend the list in Annex I to this Regulation should be exercised by the Council, in view of the specific threat to international peace and security posed by the situation in Tunisia, and to ensure consistency with the process for amending and reviewing the Annex to Decision 2011/72/CFSP.

(5)The procedure for amending the lists in Annex I to this Regulation should include providing designated natural or legal persons, entities or bodies with the grounds for the listing, so as to give them an opportunity to submit observations. Where observations are submitted, or substantial new evidence is presented, the Council should review its decision in light of those observations and inform the person, entity or body concerned accordingly.

(6)For the implementation of this Regulation, and in order to create maximum legal certainty within the Union, the names and other relevant data concerning natural and legal persons, entities and bodies whose funds and economic resources must be frozen in accordance with this Regulation, must be made public. Any processing of personal data should respect Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (2) and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (3).

(7)In order to ensure that the measures provided for in this Regulation are effective, it should enter into force immediately upon its publication,