# EUR-Lex - 52012JC0023 - EN

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# 52012JC0023

**Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria /* JOIN/2012/023 final - 2012/0206 (NLE) */**

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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 This regulation repealed and replaced Regulation (EU)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 [...] provides for one additional
measure related to the obligation of Member States to inspect the cargo of
vessels and aircraft bound for Syria if it is suspected that the cargo contain
items the export of which is prohibited or subject to authorisation. The
Council also reached political agreement on a derogation from the asset freeze
of the Central Bank of Syria to provide funds for Syrian students. Furthermore,
it is necessary to amend Article 12 in order to clarify the scope of this
measure.

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

2012/0206 (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.

(2)       Council Decision 2012/.../CFSP,
provides for an additional measure, notably that Member
States should inspect all vessels and aircraft bound
for Syria if they have information that provides reasonable grounds to believe
that the cargo contains arms or equipment, goods and technology which might be
used for internal repression and the supply, sale, transfer or export of which
is prohibited or subject to authorisation.

(3)       In
relation to this measure, Decision 2012/.../CFSP specifies that aircraft and
vessels transporting cargo to Syria shall be subject to the requirement of
additional pre-arrival or pre-departure information for all goods brought into
or out of a Member State.

(4)       Furthermore, this Decision
2012/.../CFSP provides for a derogation from the freezing
of funds and economic resources in relation to a
transfer of funds due in connection with the provision of financial support to
Syrian nationals pursuing an education, professional training or engaged in
academic research in the European Union.

(5)       Some of those measures
fall within the scope of the Treaty on the Functioning of the
European Union and regulatory action at the level of the Union is
therefore necessary in order to implement them, in particular with a view to
ensuring their uniform application by economic operators in all Member States.

(6)       For the same reason, an
amendment of Article 12 is necessary in order to clarify the the scope of this
measure.

(7)       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)
The following Article 2c is inserted:

“Article 2c

The rules governing the obligation to provide
advance information as determined in the relevant provisions concerning summary
declarations as well as customs declarations in Regulation (EEC) No 2913/92 of
12 October 1992 establishing the Community Customs Code[3], and in Commission Regulation
(EEC) No 2454/93[4]
laying down provisions for the implementation thereof apply to all goods
leaving the customs territory of the Union to Syria.

The person who provides that information shall
also present the authorisations as required in the framework of the present
Regulation.

(2)
Article 12, paragraph 1 is replaced by the
following:

“1. It shall be prohibited:

(a) to sell, supply, transfer or export
equipment or technology as listed in Annex VII to be used in the construction
or installation in Syria of new power plants for electricity production;

(b) to provide, directly or indirectly,
financial or technical assistance in relation to any project referred to in
point (a).”

(3)
Article 21a is replaced by the following:

“Article 21a

Article 14 shall not apply to the following
transfers, provided that the competent authority of the relevant Member State
has determined, on a case-by-case basis, that the payment will not directly or
indirectly be received by any other person or entity listed in Annex II or IIa:

(a)
a transfer by or through the Central Bank of
Syria of funds or economic resources received and frozen after the date of its
designation where the transfer is related to a payment by a person or entity
not listed in Annexes II or IIa due in connection with a specific trade
contract; or

(b)
a transfer of funds or economic resources to or
through the Central Bank of Syria where the transfer is related to a payment by
a person or entity not listed in Annexes II or IIa due in connection with a
specific trade contract; or

(c)
a transfer of funds or economic resources to or
through the Central Bank of Syria where the transfer is related to a payment by
a person or entity not listed in Annexes II or IIa due in connection with the
provision of financial support to Syrian nationals pursuing an education,
professional training or engaged in academic research in the European Union.

Article 14 shall also not apply to a
transfer made by or through the Central Bank of Syria of frozen funds or
economic resources in order to provide financial institutions within the
jurisdiction of the Member States with liquidity for the financing of trade,
provided that the transfer has been authorised by the competent authority of
the relevant Member State.’.”

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]

[2]               OJ L 16, 19.1.2012, p. 1.

[3]               OJ L 302, 19.10.1992, p. 1.

[4]               OJ L 253, 11.10.1993, p. 1.