Council Regulation (EU) No 753/2011Show full title

Article 5 U.K.

1. By way of derogation from Article 3, the competent authorities of the Member States as identified on the websites listed in Annex II, may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the funds or economic resources are:

(a) necessary for the basic expenses of persons listed in Annex I and their dependent family members, including payments for foodstuffs, rent or mortgages, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

(b) intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services;

(c) intended exclusively for the payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources;

provided that the Member State concerned has notified the Sanctions Committee of such determination and its intention to grant the authorisation, and the Sanctions Committee has not objected to that course of action within three working days of notification.

2. By way of derogation from Article 3, the competent authorities of the Member States, as identified on the websites listed in Annex II, may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, after having determined that the frozen funds or economic resources are necessary for extraordinary expenses provided that the Sanctions Committee has been notified of that determination by the Member State concerned and the determination has been approved by the Sanctions Committee.

3. Any person, group, undertaking or entity wishing to benefit from the exemptions referred to in paragraphs 1 or 2 shall address its request to the relevant competent authority of the Member State as listed in Annex II.

The competent authority listed in Annex II shall promptly notify both the person, group, undertaking or entity that made the request, and any other person, group, undertaking or entity known to be directly concerned, in writing, of whether the request has been granted.

The relevant Member State shall also inform other Member States and the Commission whether the request for such an exemption has been granted.

4. Funds released and transferred within the Union in order to meet expenses or recognised by virtue of this Article shall not be subject to further restrictive measures pursuant to Article 3.

5. In the case of persons, groups, undertakings or entities listed in Annex I to this Regulation who were previously listed in Annex I to Regulation (EC) No 881/2002, authorisations granted previously by the competent authorities of the Member States, as identified on the websites listed in Annex II, in relation to the categories of derogation described in paragraphs 1 and 2 of this Article, shall continue to apply.