A corrigendum to Council Regulation (EU) 2023/426 relating to sanctions measures towards entities, persons, and bodies „undermining or threatening the territorial integrity, sovereignty and independence of Ukraine“ was published in the Official Journal (OJ) of the EU. The 2023 Council Regulation itself modifies Council Regulation (EU) No 269/2014 on same issue to – among other things – permit certain derogations from asset freezing measures for specified entities.
The corrigendum now modifies Article 1 of Council Regulation (EU) 2023/426, specifically, point (2) thereunder, which permits such derogations for entity #101 (National Settlement Depository (NSD)) and entity #190 referring to the „Limited Liability Company “Commercial Vehicles – GAZ Group” provided that specified conditions are met as follows – as cited:
On page 2, Article 1, point (2), in the introductory wording of Article 6b [of Council Regulation (EU) No 269/2014], paragraph 5a:
for:
„5a. By way of derogation from Article 2, paragraph 1, the competent authorities of the Member States may, under such conditions as they deem appropriate, authorise the release of certain frozen funds or economic resources held by the entity listed under entry number 101 under the heading “Entities” in Annex I, or the making available of certain funds or economic resources to that entity, after having determined that:“
it shall read:
„5a. By way of derogation from Article 2, the competent authorities of the Member States may, under such conditions as they deem appropriate, authorise the release of certain frozen funds or economic resources belonging to the entity listed under entry number 101 under the heading “Entities” in Annex I, or the making available of certain funds or economic resources to that entity, after having determined that:“.
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On page 3, Article 1, point (2), in Article 6b, paragraph 5b:
for:
„5b. By way of derogation from Article 2, paragraph 1, the competent authorities of the Member States may, under such conditions as they deem appropriate, authorise the release of certain frozen funds or economic resources held by the entity listed under entry number 190 under the heading “Entities” in Annex I, or the making available of certain funds or economic resources to that entity, after having determined that such funds or economic resources are necessary for the termination by 26 August 2023 of operations, contracts or other agreements concluded with, or otherwise involving, that entity before 25 February 2023.“
it shall read:
„5b. By way of derogation from Article 2, the competent authorities of the Member States may, under such conditions as they deem appropriate, authorise the release of certain frozen funds or economic resources belonging to the entity listed under entry number 190 under the heading “Entities” in Annex I, or the making available of certain funds or economic resources to that entity, after having determined that such funds or economic resources are necessary for the termination by 26 August 2023 of operations, contracts or other agreements concluded with, or otherwise involving, that entity before 25 February 2023.“
