# EUR-Lex - 52014JC0003 - EN

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# 52014JC0003

**Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria /* JOIN/2014/03 final - 2014/0022 (NLE) */**

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EXPLANATORY MEMORANDUM

(1) 
Council Regulation (EU) No 36/2012 of 18 January
2012 concerning restrictive measures in view of the situation in Syria gave effect to Council Decision 2011/782/CFSP[1].
Council Decision 2012/739/CFSP[2]
repealed and replaced Decision 2011/782/CFSP. On 1 June 2013 Decision
2012/739/CFSP expired. It was succeeded by Decision 2013/255/CFSP which applies
until 1 June 2014.

(2) 
It is necessary to introduce an exemption under
the freezing of assets to allow the release of funds or economic resources of
Syrian State-owned entities or the Central Bank of Syria to make payments on
behalf of the Syrian Arab Republic to the Organisation for the Prohibition of
Chemical Weapons (OPCW) for activities related to the OPCW verification mission
and the destruction of Syrian chemical weapons, including the OPCW special
Trust Fund for the financial resources needed for the activities related to the
destruction of Syrian chemical weapons outside of the territory of the Syrian
Arab Republic.

(3) 
Further action by the Union is needed in order
to implement these measures. The High Representative of the Union for Foreign
Affairs and Security Policy and the Europan Commission propose to amend
Regulation (EU) No 36/2012 accordingly.

2014/0022 (NLE)

Joint Proposal for a

COUNCIL REGULATION

amending Regulation (EU) No 36/2012
concerning restrictive measures in view of the situation in Syria

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning
of the European Union, and in particular Article 215 thereof,

Having regard to Council Decision 2013/255/CFSP
of 31 May 2013 concerning restrictive measures against Syria[3],

Having regard to the joint proposal from
the High Representative of the Union for Foreign Affairs and Security Policy
and the European Commission,

Whereas:

(1)       Council Regulation (EU) No
36/2012[4]
gives effect to most of the measures provided for in Decision 2013/255/CFSP.

(2)       On ...January 2014 the
Council adopted Decision 2014/.../CFSP amending Decision 2013/255/CFSP.

(3)       A further derogation from
the asset freeze and the prohibition on making funds or economic resources
available should be provided to enable the release of funds or economic
resources of Syrian State-owned entities or the Central Bank of Syria to make
payments on behalf of the Syrian Arab Republic to the Organisation for the
Prohibition of Chemical Weapons (OPCW) for activities related to the OPCW
verification mission and the destruction of Syrian chemical weapons.

(4)       This measure falls within
the scope of the Treaty and, therefore, in particular with a view to ensuring
its uniform application by economic operators in all Member States, action at
the level of the Union is necessary in order to implement it.

(5)       Regulation (EU) No 36/2012
should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) No 36/2012 is amended as
follows:

(1)       In the first paragraph of Article
16, the following point is added:

“(i) intended exclusively for payments by Syrian
State-owned entities or the Central Bank of Syria as listed in Annexes II and
IIa on behalf of the Syrian Arab Republic to the OPCW for activities related to
the OPCW verification mission and the destruction of Syrian chemical weapons,
including in particular to the OPCW Special Trust Fund for activities related
to the complete destruction of Syrian chemical weapons outside of the territory
of the Syrian Arab Republic.”

Article 2

This Regulation shall enter into force on
the day following that of its publication in the Official Journal of the European
Union.

This Regulation shall be binding
in its entirety and directly applicable in all Member States.

Done at Brussels,

For
the Council

The
President

[1]           Council
Decision 2011/782/CFSP of 1 December 2011 concerning restrictive measures
against Syria and repealing Decision 2011/273/CFSP (OJ L 319, 2.12.2011, p.
56).

[2]               Council Decision 2012/739/CFSP of 29 November 2012
concerning restrictive measures against Syria and repealing Decision
2011/782/CFSP (OJ L 330, 30.11.2012, p. 21).

[3]               OJ L 147, 1.6.2013, p. 14.

[4]               Council Regulation (EU) No 36/2012 of 18 January 2012
concerning restrictive measures in view of the situation in Syria and repealing
Regulation (EU) No 442/2011 (OJ L 16, 19.1.2012., p1).