# EUR-Lex - 52012JC0020 - EN

*|*

# 52012JC0020

**Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria /* JOIN/2012/020 final - 2012/0171 (NLE) */**

			*

			*

EXPLANATORY MEMORANDUM

(1)
On 18 January 2012 the Council adopted
Regulation (EU) No 36/2012 concerning restrictive measures in view of the
situation in Syria. This regulation repealed and replaced Regulation (EU)
No 442/2011.

(2)
Council Decision [...], amending Decision 2011/782/CFSP,
further develops the application of restrictive measures related to financial
assistance.

(3)
The High Representative for Foreign Affairs and
Security Policy and the European Commission propose to amend Regulation (EU) No
36/2012 in accordance with this clarification.

2012/0171 (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 2012/.../CFSP
amending Council Decision 2011/782/CFSP concerning restrictive measures against Syria[1],

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)       On 18 January 2012 the
Council adopted Regulation (EU) No 36/2012 concerning restrictive measures in
view of the situation in Syria[2] with a view to giving
effect to most of the measures provided for in Council Decision 2011/782/CFSP. This
Regulation prohibits, inter alia, the provision of certain financing and
financial assistance related to goods subject to an export prohibition.

(2)       Council Decision [...],
amending Decision 2011/782/CFSP, further develops the application of
restrictive measures related to financial assistance.

(3)       Regulation (EU) No 36/2012
should therefore be amended accordingly.

(4)       In order to ensure that
the measure provided for in this Regulation is effective, this Regulation must
enter into force immediately,

HAS ADOPTED THIS REGULATION:

Article 1

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

(1)
Article 3, paragraph 1 is replaced by the
following:

“1.     It shall be prohibited:

(a)     to provide, directly or indirectly,
technical assistance related to the goods and technology listed in the Common
Military List of the European Union[3] ('Common Military List') or
related to the provision, manufacture, maintenance and use of goods included in
that list, to any person, entity or body in Syria or for use in Syria;

(b)     to provide, directly or indirectly,
technical assistance or brokering services related to equipment, goods or
technology which might be used for internal repression as listed in
Annexes I and IA, to any person, entity or body in Syria or for use in
Syria;

(c)     to provide, directly or indirectly,
financing or financial assistance related to the goods and technology listed in
the Common Military List or in Annexes I and IA, including in particular
grants, loans and export credit insurance, as well as insurance and reinsurance,
for any sale, supply, transfer or export of such items, or for any provision of
related technical assistance to any person, entity or body in Syria or for use
in Syria;

(d)     to participate, knowingly and
intentionally, in activities the object or effect of which is to circumvent the
prohibitions referred to in points (a) to (c).”

(2)
Article 3, paragraph 4 is replaced by the
following:

“4.     Prior authorisation from the competent
authority of the relevant Member State,   as identified on the websites
referred to in Annex III shall be required for the provision of:

(a)     technical assistance or brokering
services related to equipment, goods or technology listed in Annex IX and to
the provision, manufacture, maintenance and use of such equipment, goods and
technology, directly or indirectly to any person, entity or body in Syria or
for use in Syria;

(b)     financing or financial assistance
related to goods and technology referred to in Annex IX, including in
particular grants, loans and export credit insurance, as well as insurance and
reinsurance, for any sale, supply, transfer or export of such goods and
technology, or for any provision of related technical assistance to any person,
entity or body in Syria or for use in Syria.”

Article 2

This Regulation shall enter into force on
the day 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 110, 24.4.2012, p. 36–37

[2]               OJ L.

[3]               OJ C 86, 18.3.2011, p. 1.