# EUR-Lex - 52014JC0024 - EN

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# 52014JC0024

**Joint Proposal for a COUNCIL REGULATION amending Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq /* JOIN/2014/024 final - 2014/0210 (NLE) */**

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EXPLANATORY MEMORANDUM

(1) 
Council Regulation (EC) No 1210/2003 imposes
certain restrictive measures in respect of Iraq, in accordance with Common Position
2003/495/CFSP and UN Security Council Resolution 1483 (2003). Article 4(4) of that
Regulation provides that no economic resources shall be made available,
directly or indirectly to, or for the benefit of, a natural or legal person,
body or entity listed in Annex IV, so as to enable that person, body or entity
to obtain funds, goods or services.

(2) 
On X of July 2014, the Council adopted Decision
2014/.../CFSP concerning restrictive measures against Iraq to provide that no
funds or economic resources shall be made available, directly or indirectly,
for the benefit of persons and entities referred to in Article 2(b), subject to
specific exemptions, namely, where funds and economic resources may be
necessary to satisfy basic needs, where intended exclusively for the payment of
professional fees and expenses for legal services, intended for payment of
service charges for holding or maintenance of frozen funds or economic
resources or necessary for payment of extraordinary expenses. In accordance
with Council Decision 2014/.../CFSP, Regulation (EC) No 1210/2003 should
therefore be amended accordingly.

2014/0210 (NLE)

Joint Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 1210/2003
concerning certain specific restrictions on economic and financial relations
with Iraq

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 2014/.../CFSP
amending Common Position 2003/495/CFSP on Iraq[1],

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

Whereas:

(1)       Council Regulation (EC) No
1210/2003[2] imposes restrictive measures in respect of
Iraq, in accordance with Common Position 2003/495/CFSP and UN Security Council Resolution
1483 (2003).

(2)       Article 4(4) of Regulation
(EC) No 1210/2003 provides that
no economic resources are to be made available, directly or indirectly to, or
for the benefit of, a natural or legal person, body or entity listed in Annex
IV to that Regulation, so as to enable that person, body or entity to obtain
funds, goods or services.

(3)       On ... July 2014, the
Council adopted Decision 2014/.../CFSP prohibiting funds or economic resources
from being made available, directly or indirectly, for the benefit of listed
persons and entities. Specific exemptions are provided for, namely funds and
economic resources which are: (a) necessary to satisfy basic needs (b) intended
exclusively for payment of reasonable professional fees and reimbursement of
incurred expenses associated with provision of legal services and (c) intended
exclusively for payment of fees or services charges for holding or maintenance
of frozen funds and economic resources or (d) necessary for payment of
extraordinary expenses.

(4)       It is also appropriate to
update Regulation (EC) No 1210/2003 with recent information provided by the
Member States regarding the identification of competent authorities.

(5)       Regulation (EC) No
1210/2003 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1210/2003 is amended as
follows:

(1)        Article 4 is amended as follows:

(a)      Paragraph 3 is replaced by the
following:

‘(3)    No funds or economic resources shall be
made available, directly or indirectly, to or for the benefit of natural or
legal persons, entities or bodies listed in Annex IV.’

(b)     Paragraph 4 is deleted.

(2)        Article 5 is replaced by the
following:

Article
5

1. Article 4 shall not prevent the crediting of
frozen accounts by financial or credit institutions that receive funds
transferred by third parties to the account of the listed person, entity or
body, provided that any additions to such accounts shall also be frozen.  The
financial or credit institution shall inform the competent authorities about
such transactions without delay.

2. By way of derogation from Article 4(3), the
competent authorities, as indicated on the websites listed in Annex V, may
authorise the making available of certain funds or economic resources, under
such conditions as it deems appropriate, after having determined that the funds
or economic resources concerned are:

(a)      necessary to satisfy the basic needs
of natural or legal persons, entities or bodies listed in Annex V, and
dependent family members of such natural persons, including payments for
foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance
premiums, and public utility charges,

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

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

or

(d)     necessary for extraordinary expenses,
provided that the relevant competent authority has notified the grounds on
which it considers that a specific authorisation should be granted to the
competent authorities of the other Member States and to the Commission at least
two weeks prior to authorisation.

3. The Member States concerned shall inform the other Member States and
the Commission of any authorisation granted under this Article.’

(3)        Annex V is replaced by the text
set out in the Annex to this Regulation.’

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]               OJ L ... , ... 2014, p. ..
.

[2]               Council Regulation (EC) No 1210/2003 of 7 July 2003
concerning certain specific restrictions on economic and financial relations
with Iraq and repealing Regulation (EC) No 2465/96 (OJ L 169, 8.7.2003, p. 6).

ANNEX

to the

Joint proposal for a
COUNCIL REGULATION

amending Regulation (EC) No
1210/2003 concerning certain specific restrictions on economic and financial
relations with Iraq

ANNEX

"ANNEX
V

Websites
for information on the competent authorities referred to in Articles 5, 6, 7
and 8 and address for notifications to the European Commission

A. Competent authorities in each Member State:

BELGIUM

http://www.diplomatie.be/eusanctions

BULGARIA

http://www.mfa.bg/en/pages/135/index.html

CZECH REPUBLIC

http://www.mfcr.cz/mezinarodnisankce

DENMARK

http://um.dk/da/politik-og-diplomati/retsorden/sanktioner/

GERMANY

http://www.bmwi.de/DE/Themen/Aussenwirtschaft/aussenwirtschaftsrecht,did=404888.html

ESTONIA

http://www.vm.ee/est/kat_622/

IRELAND

http://www.dfa.ie/home/index.aspx?id=28519

GREECE

http://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html

SPAIN

http://www.exteriores.gob.es/Portal/es/PoliticaExteriorCooperacion/GlobalizacionOportunidadesRiesgos/Documents/ORGANISMOS%20COMPETENTES%20SANCIONES%20INTERNACIONALES.pdf

FRANCE

http://www.diplomatie.gouv.fr/autorites-sanctions/

CROATIA

http://www.mvep.hr/sankcije

ITALY

http://www.esteri.it/MAE/IT/Politica_Europea/Misure_Deroghe/

CYPRUS

http://www.mfa.gov.cy/sanctions

LATVIA

http://www.mfa.gov.lv/en/security/4539

LITHUANIA

http://www.urm.lt/sanctions

LUXEMBOURG

http://www.mae.lu/sanctions

HUNGARY

http://en.nav.gov.hu/criminal_branch_of_NTCA/restrictive_measures/European_Unions_consolidated_sanctions_list

MALTA

https://www.gov.mt/en/Government/Government%20of%20Malta/Ministries%20and%20Entities/Officially%20Appointed%20Bodies/Pages/Boards/Sanctions-Monitoring-Board-.aspx

NETHERLANDS

www.rijksoverheid.nl/onderwerpen/internationale-vrede-en-veiligheid/sancties

AUSTRIA

http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version=

POLAND

http://www.msz.gov.pl

PORTUGAL

http://www.portugal.gov.pt/pt/os-ministerios/ministerio-dos-negocios-estrangeiros/quero-saber-mais/sobre-o-ministerio/medidas-restritivas/medidas-restritivas.aspx

ROMANIA

http://www.mae.ro/node/1548

SLOVENIA

http://www.mzz.gov.si/si/zunanja_politika_in_mednarodno_pravo/zunanja_politika/mednarodna_varnost/omejevalni_ukrepi/

SLOVAKIA

http://www.mzv.sk/sk/europske_zalezitosti/europske_politiky-sankcie_eu

FINLAND

http://formin.finland.fi/kvyhteistyo/pakotteet

SWEDEN

http://www.ud.se/sanktioner

UNITED KINGDOM

https://www.gov.uk/sanctions-embargoes-and-restrictions

Address for notifications to the
European Commission:

European Commission

Service for Foreign Policy Instruments (FPI)

EEAS 02/309

B-1049 Brussels

Belgium

E-mail: relex-sanctions@ec.europa.eu"