19 EU restrictive measures against Tunisia
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(35736)
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(b)
(35737)
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Council Decision amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia
Council Implementing Regulation implementing Regulation (EC) No.101/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia
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| Legal base
| (a) Article 29 TEU; unanimity
(b) Article 215(2) TFEU; QMV
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| Document originated
| 16 January 2014
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| Deposited in Parliament
| 22 January 2014
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| Department
| Foreign and Commonwealth Office
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| Basis of consideration
| EM of 23 January 2014
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| Previous Committee Report
| None; but see (34629) — : HC 86-xxx (2012-13), chapter 11 (30 January 2013); (33626) —: HC 428-xlviii (2010-12), chapter 24 (25 January 2012), and (34392) 15927/12 and (34391) 15925/12: HC 86-xx (2012-13), chapter 21 (21 November 2012)
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| Discussion in Council
| 31 January 2013
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| Committee's assessment
| Politically important
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| Committee's decision
| Cleared |
Background
19.1 The full background to the measures
in question is set out in our previous Reports. The following
is a brief summary.
Council Decision 2011/72/CFSP and Council Regulation
(EU) 270/2011
19.2 In January 2011, following major
protests across the country, then President Ben Ali resigned and
fled to Saudi Arabia. In his Explanatory Memorandum of 23 January
2014, the Minister for Europe (Mr David Lidington) recalls that:
— the EU then put in place
sanctions measures in 2011 against Tunisia in response to a request
from the interim government, which took power following the departure
of the former President;
— 48 individuals were listed,
including the former President, his wife Leila Trabelsi and other
members and close associates of the Ben Ali and Trabelsi families;
— the names of those listed
were initially provided by the Tunisian authorities — none
was a UK proposal; and
— all are subject to on-going
national judicial proceedings.
The Council Decision and the Council Implementing
Regulation
19.3 This Council Decision and Implementing
Regulation amends Council Decision 2011/72/CFSP by extending the
current sanctions for another year until 31 January 2015.
19.4 The Decision and Implementing Regulation
provide for the extension of restrictive measures against "persons
responsible for misappropriation of Tunisian State funds, and
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". It also makes
amendments to the grounds for listing of 45 of the 48 listed individuals.
19.5 The measures continue to consist
of a freezing of funds and economic resources of those persons
listed in the annex to the Decision.
The Government's view
19.6 As he did a year ago, the Minister
says that Tunisia has made impressive progress in its transition
to democracy.
19.7 He continues as follows:
"Addressing the corruption
of the previous regime continues to be a priority for the government,
though progress has been slow in a post revolution environment.
The asset freeze does not itself enable Member States to seize
any assets deemed to have been corruptly obtained, or return them
to the Tunisian State. Further action through the criminal justice
system is required before such measures can be taken. We therefore
support the aspiration to extend the current restrictive measures
to allow investigations into the alleged corruption of listed
individuals to be completed and ensure that the structures and
processes in Tunisia are in place to return misappropriated assets
to their rightful owners."
19.8 The Minister then notes that:
"Three of the listed individuals
(Fahed Al Matri, Mohamed Trabelsi, and Slim Chiboub) successfully
challenged their listing in the European Court of Justice (ECJ)
in May 2013. The ECJ ruled that their statement of reason for
listing (which referred to money laundering) did not meet
the criterion for designation (responsibility for misappropriation
of State funds) in the relevant Decision and Regulation. The Foreign
Affairs Council adopted a new Decision and Implementing Regulation
on 31 July 2013, which amended these statements so that they referred
back to the designation criteria, and ensured that Matri, Trabelsi
and Chiboub remain listed.[95]
The current Decision and Implementing Regulation will make the
same amendments to the remaining 45 listings, and reduce the risk
of any further legal challenges being made.
"Legal proceedings against
all the listed individuals are continuing in Tunisia. Although
some individuals have challenged their listings, either on hardship
grounds or by providing more detailed legal evidence, EU partners
are satisfied that the existence of national legal proceedings
provides sufficient justification to maintain all the listings."
Conclusion
19.9 The renewal of these measures
raises no questions in and of itself. But we are reporting it
to the House nonetheless because of the level of interest in developments
in "the new Tunisia", and because it illustrates how
the EU continues to endeavour to help a new regime that is itself
endeavouring, in what are no doubt difficult circumstances, to
develop a law-based approach that, if it can be developed in this
sensitive area, could have much wider positive repercussions.
19.10 We now clear the documents.
95 Which the Committee cleared at its meeting on 4
September 2013, having concluded that these changes were of insufficient
legal or political significance to warrant a substantive Report:
see (35244) - and (35245) -: HC 83-iv (2013-14), chapter 60
(4 September 2013). Back
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