COUNCIL REGULATION (EU) No 1228/2009
of 15 December 2009
amending Regulation (EC) No 423/2007 concerning restrictive measures against Iran
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 (1) and (2) thereof,
Having regard to Council Common Position 2007/140/CFSP of 27 February 2007 concerning restrictive measures against Iran (1),
Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the Commission,
Whereas:
(1)
In line with Common Position 2007/140/CFSP, Regulation (EC) No 423/2007 (2) in particular prohibits the supply, sale or transfer to Iran of goods and technology, in addition to those determined by the United Nations Security Council or the Sanctions Committee, that could contribute to Iran's enrichment-related, reprocessing or heavy water-related activities, to the development of nuclear weapon delivery systems or to the pursuit of activities related to other topics about which the International Atomic Energy Agency (IAEA) has expressed concerns or identified as outstanding.
(2)
These items are listed in Annex IA to Regulation (EC) No 423/2007. Certain references in that Annex need to be corrected.
(3)
Regulation (EC) No 423/2007 also restricts the export of certain other goods and technology listed in its Annex II. The list needs to be revised in order to maintain its effectiveness.
(4)
For reasons of expediency, the Commission should be empowered to maintain the lists of prohibited and controlled goods and technology and to amend them on the basis of information provided by either the United Nations Security Council or the Sanctions Committee, or by Member States.
(5)
Regulation (EC) No 423/2007 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 423/2007 is hereby amended as follows:
(1)
in Article 3, paragraph 1a shall be replaced by the following:
‘1a. For all exports for which an authorisation is required under this Regulation, such authorisation shall be granted by the competent authorities of the Member State where the exporter is established and shall be in accordance with the detailed rules laid down in Article 11 of Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (3). The authorisation shall be valid throughout the Union.
(2)
in Article 15, paragraph 1 shall be replaced by the following:
‘1. The Commission shall:
(a)
amend Annex I on the basis of determinations made by either the United Nations Security Council or the Sanctions Committee;
(b)
amend Annex IA and Annex II on the basis of information supplied by Member States;
(c)
amend Annex III on the basis of information supplied by Member States;
(d)
amend Annex IV on the basis of determinations made by either the United Nations Security Council or the Sanctions Committee;
(e)
amend Annex VI on the basis of decisions taken in respect of Annexes III and IV to Council Common Position 2007/140/CFSP.’;
(3)
Annex IA shall be amended as set out in Annex I to this Regulation;
(4)
Annex II shall be replaced by the text in Annex II to this Regulation.
Article 2
This Regulation shall enter into force on the day following 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, 15 December 2009.