(1)

Article 1 is replaced by the following: ‘Article 1 For the purposes of this Regulation, the following definitions apply: (*1) Directive 2013/40/EU of the European Parliament and of the Council of 12 August 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/JHA (OJ L 218, 14.8.2013, p. 8, ELI: http://data.europa.eu/eli/dir/2013/40/oj).’;" “claim” means any claim, whether asserted by legal proceedings or not, made before or after the date of entry into force of this Regulation, under or in connection with a contract or transaction, and in particular: a claim for performance of any obligation arising under or in connection with a contract or transaction; a claim for extension or payment of a bond, financial guarantee or indemnity of whatever form; a claim for compensation in respect of a contract or transaction; a counterclaim; a claim for the recognition or enforcement, including by the procedure of exequatur, of a judgment, an arbitration award or an equivalent decision, wherever made or given; “contract or transaction” means any transaction of whatever form and whatever the applicable law, whether comprising one or more contracts or similar obligations made between the same or different parties; for that purpose “contract” includes a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, and credit, whether legally independent or not, as well as any related provision arising under, or in connection with, the transaction; “competent authorities” means the competent authorities of the Member States as identified on the websites listed in Annex I; “economic resources” means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds, but may be used to obtain funds, goods or services; “freezing of economic resources” means preventing the use of economic resources to obtain funds, goods or services in any way, including, but not limited to, by selling, hiring or mortgaging them; “freezing of funds” means preventing any move, transfer, alteration, use of, access to, or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character, destination or other change that would enable the funds to be used, including portfolio management; “funds” means financial assets and benefits of every kind, including, but not limited to: cash, cheques, claims on money, drafts, money orders and other payment instruments; deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts; interest, dividends or other income on, or value accruing from, or generated by assets; credit, right of set-off, guarantees, performance bonds or other financial commitments; letters of credit, bills of lading, bills of sale; documents showing evidence of an interest in funds or financial resources; “territory of the Union” means the territories of the Member States to which the Treaty on European Union (TEU) applies, under the conditions laid down therein, including their airspace; “terrorist act” means one of the following intentional acts, which, given its nature or its context, may seriously damage a country or an international organisation, as defined as an offence under national law, where committed with the aim of: seriously intimidating a population; unduly compelling a Government or an international organisation to perform or abstain from performing any act; or seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a country or an international organisation: attacks upon a person’s life which may cause death; attacks upon the physical integrity of a person; kidnapping or hostage taking; causing extensive destruction to a Government or public facility, a transport system, an infrastructure facility, including an information system, a fixed platform located on the continental shelf, a public place or private property, likely to endanger human life or result in major economic loss; seizure of aircraft, ships or other means of public or goods transport; manufacture, possession, acquisition, transport, supply or use of explosives or weapons, including chemical, biological, radiological or nuclear weapons, as well as research into, and development of, chemical, biological, radiological or nuclear weapons; release of dangerous substances, or causing fires, explosions or floods, the effect of which is to endanger human life; interfering with or disrupting the supply of water, power or any other fundamental natural resource, the effect of which is to endanger human life; threatening to commit any of the acts listed under points (a) to (h); directing a terrorist group; participating in the activities of a terrorist group, including by supplying information or material resources, or by funding its activities in any way, with knowledge of the fact that such participation will contribute to the criminal activities of the group; illegal system interference or threatening to commit illegal system interference, as referred to in Article 4 of Directive 2013/40/EU of the European Parliament and of the Council (*1) in cases where Article 9(3) or Article 9(4), points (b) or (c), of that Directive applies, and illegal data interference or threatening to commit illegal data interference, as referred to in Article 5 of that Directive in cases where point (c) of Article 9(4) of that Directive applies; “terrorist group” means a structured group of more than two persons, established over a period of time and acting in concert to commit terrorist acts. “Structured group” means a group that is not randomly formed for the immediate commission of a terrorist act and that does not need to have formally defined roles for its members, continuity of its membership or a developed structure; “owning a legal person, group or entity” means being in possession of 50 % or more of the proprietary rights of a legal person, group or entity, or having a majority interest therein; “controlling a legal person, group or entity” means, but is not limited to: having the right or exercising the power to appoint or remove a majority of the members of the administrative, management or supervisory body of such legal person, group or entity; having appointed solely as a result of the exercise of one’s voting rights a majority of the members of the administrative, management or supervisory bodies of a legal person, group or entity who have held office during the present and previous financial year; controlling alone, pursuant to an agreement with other shareholders in or members of a legal person, group or entity, a majority of shareholders’ or members’ voting rights in that legal person, group or entity; having the right to exercise a dominant influence over a legal person, group or entity, pursuant to an agreement entered into with that legal person, group or entity, or to a provision in its Memorandum or Articles of Association, where the law governing that legal person, group or entity permits its being subject to such agreement or provision; having the power to, de facto, exercise the right to exercise a dominant influence referred to in point (d), without being the holder of that right; having the right to use all or part of the assets of a legal person, group or entity; managing the business of a legal person, group or entity on a unified basis, while publishing consolidated accounts; sharing jointly and severally the financial liabilities of a legal person, group or entity, or guaranteeing them.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-09 · Text as adopted (Official Journal); later amendments are not incorporated in this text.