# EUR-Lex - 52012PC0078 - EN

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# 52012PC0078

**Proposal for a COUNCIL DECISION amending Council Decision of 2 September 2011 partially suspending the application of the Cooperation Agreement between the European Economic Community and the Syrian Arab Republic /* COM/2012/078 final - 2012/0032 (NLE) */**

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EXPLANATORY MEMORANDUM

(1)
On the 18 January 1977, the European Economic
Community and the Syrian Arab Republic concluded a Cooperation Agreement (‘the
Cooperation Agreement’)[1]
to promote overall cooperation with a view to strengthen relations between
them.

(2)
On 2 September 2011, the Council decided the partial
suspension the application of the Cooperation Agreement[2] until the Syrian authorities
put an end to the systematic violations of human rights and can again be
considered as being in compliance with general international law and the
principles which form the basis of the Cooperation Agreement.

(3)
Since then, and in view of the further
deterioration of the situation in Syria, the Union has decided to adopt further
restrictive measures against the Syrian regime.

(4)
In this regard, the partial suspension of the
application of the Cooperation Agreement should continue. In line with the
approach of 2 September 2011, the suspension should aim at targeting the Syrian
authorities, not the people of Syria, and should be limited accordingly. Since
gold, precious metals and diamonds are products the trade in which benefits in
particular the Syrian regime, and which therefore supports its repressive
policies, the suspension should be extended so as to apply also to trade in these
materials.

2012/0032 (NLE)

Proposal for a

COUNCIL DECISION

amending Council Decision of 2 September
2011 partially suspending the application of the Cooperation Agreement between
the European Economic Community and the Syrian Arab Republic

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 207 in conjunction
with Article 218(9) thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)
On the 18 January 1977, the European Economic
Community and the Syrian Arab Republic concluded a Cooperation Agreement (‘the
Cooperation Agreement’)[3]
to promote overall cooperation with a view to strengthen relations between
them.

(2)
On 2 September 2011, the Council decided the partial
suspension the application of the Cooperation Agreement[4] until the Syrian authorities
put an end to the systematic violations of human rights and can again be
considered as being in compliance with general international law and the
principles which form the basis of the Cooperation Agreement.

(3)
Since then, and in view of the further
deterioration of the situation in Syria, the Union has decided to adopt further
restrictive measures against the Syrian regime.

(4)
In this regard, the partial suspension of the
application of the Cooperation Agreement should continue. In line with the
approach of 2 September 2011, the suspension should aim at targeting the Syrian
authorities, not the people of Syria, and should be limited accordingly. Since
gold, precious metals and diamonds are products the trade in which benefits in
particular the Syrian regime, and which therefore supports its repressive
policies, the suspension should be extended so as to apply also to trade in
these materials.

HAS ADOPTED THIS DECISION:

Article 1

The measures listed in the Annex shall be
added in the Annex to Council Decision of 2 September 2011 partially suspending
the application of the Cooperation Agreement between the European Economic
Community and the Syrian Arab Republic.

Article 2

This Decision shall be notified to the Syrian
Arab Republic.

Article 3

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

Done at Brussels,

For
the Council

The
President

ANNEX

List
of measures referred to in Article 1

(1)          The sale, supply, transfer or
export, directly or indirectly, of gold, precious metals and diamonds, as
listed below, whether or not originating in the Union, to the Government of
Syria, its public bodies, corporations and agencies, the Central Bank of Syria,
any person, entity or body acting on their behalf or at their direction, or any
entity or body owned or controlled by them;

(2)          The purchase, import or transport
of gold, precious metals and diamonds, as listed below, whether the item
concerned originates in Syria or not, from the Government of Syria, its public
bodies, corporations and agencies, the Central Bank of Syria and any person,
entity or body acting on their behalf or at their direction, or any entity or
body owned or controlled by them; and

(3)          The provision, directly or
indirectly, technical assistance or brokering services, financing or financial
assistance, related to the goods referred to in points (a) and (b), to the
Government of Syria, its public bodies, corporations and agencies, the Central
Bank of Syria and any person, entity or body acting on their behalf or at their
direction, or any enty or body owned or controlled by them.

The gold, precious metals and diamonds
referred to in this Annex are:

HS Code         Description

7102      Diamonds, whether or not
worked, but not mounted or set.

7106      Silver (including silver
plated with gold or platinum), unwrought or in semi- manufactured forms, or in
powder form.

7108      Gold (including gold plated
with platinum), unwrought or in semi-manufactured forms, or in powder form.

7109      Base metals or silver, clad
with gold, not further worked than semi-manufactured.

7110      Platinum, unwrought or in
semi-manufactured forms, or in powder form.

7111      Base metals, silver or gold,
clad with platinum, not further worked than semi-manufactured.

7112      Waste and scrap of precious
metal or of metal clad with precious metal; other waste and scrap containing
precious metal or precious-metal compounds, of a kind used principally for the
recovery of precious metal.

7502      Unwrought nickel.

7503      Nickel waste and scrap.

7504      Nickel powders and flakes.

8103      Tantalum and articles
thereof, including waste and scrap.

8112      Rhenium, Indium, Germanium.

[1]               OJ L 269, 27.9.1978, p. 2.

[2]               OJ L 228, 3.9.2011, p. 19.

[3]               OJ L 269, 27.9.1978, p. 2.

[4]               OJ L 228, 3.9.2011, p. 19.