Council Regulation (EC) No 195/2008 of 3 March 2008 amending Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq
Date: 2008-03-03
Institutions: Council of the European Union
Subjects: EU relations, Iraq, UN resolution, economic sanctions, international sanctions, natural gas, petroleum, petroleum product, sale

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COUNCIL REGULATION (EC) No 195/2008

of 3 March 2008

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

THE COUNCIL OF THE EUROPEAN UNION,

(3)

Having regard to the Treaty
Community, and in particular Articles 60 and 301 thereof,

establishing the European

Having regard to Council Common Position 2008/186/CFSP of
3 March 2008 amending Common Position 2003/495/CFSP on
Iraq (1),

Having regard to the proposal from the Commission,

is also appropriate to align Regulation (EC) No
It
1210/2003 with recent developments
in sanctions
practice regarding the identification of competent autho-
rities, liability for infringements and jurisdiction. For the
the
purpose of
Community is deemed to encompass the territories of
the Member States to which the Treaty is applicable,
under the conditions laid down in the Treaty.

this Regulation,

territory of

the

(4)

In order to ensure that the measures provided for in this
Regulation are effective, this Regulation should enter into
force immediately,

Whereas:

HAS ADOPTED THIS REGULATION:

(1)

as

In accordance with United Nations Security Council
(UNSC) Resolution 1483 (2003), Article 2 of Council
Regulation (EC) No 1210/2003 (2) made
specific
for petroleum,
regards payments
arrangements
petroleum products, and natural gas exported from
Iraq, whilst Article 10 of that Regulation made specific
from legal
arrangements
proceedings
specific
arrangements on payments continue to apply, whilst
the specific arrangements on immunities applied until
31 December 2007.

concerning
certain

assets. The

immunity

Iraqi

of

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

Article 1

1. Article 2 shall be replaced by the following:

(2)

UNSC Resolution 1790 (2007) and Common Position
2008/186/CFSP provide that both of
these specific
arrangements are to apply until 31 December 2008.
Regulation (EC) No 1210/2003 should therefore be
amended accordingly.

(1) See page 31 of this Official Journal.
(2) OJ L 169, 8.7.2003, p. 6. Regulation as last amended by Regulation

(EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

‘Article 2

All proceeds from all export sales of petroleum, petroleum
products and natural gas from Iraq, as listed in Annex I, as
of 22 May 2003 shall be deposited into the Development
Fund for Iraq under the conditions set out in UNSC Reso-
lution 1483 (2003) and in particular paragraphs 20 and 21
thereof.’;

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2. the following Article shall be inserted:

‘Article 4a

The prohibition set out in Article 4(3) and 4(4) shall not give
rise to liability of any kind on the part of the natural or legal
persons or entities concerned, if they did not know, and had
no reasonable cause to suspect, that their actions would
infringe this prohibition.’;

Any information that the provisions of this Regulation
2.
are being, or have been, circumvented shall be notified to the
competent authorities indicated in the websites listed in
Annex V, and, directly or through these competent autho-
rities, to the Commission.’;

5. Article 8 shall be replaced by the following:

3. Article 6 shall be replaced by the following:

‘Article 6

By way of derogation from Article 4, the competent
1.
authorities indicated in the websites listed in Annex V, may
authorise the release of frozen funds or economic resources,
if all of the following conditions are met:

(a)

the funds or economic resources are the subject of a
judicial, administrative or arbitral
lien established prior
to 22 May 2003 or of a judicial, administrative or
arbitral judgment rendered prior to that date;

(b) the funds or economic resources will be used exclusively
to satisfy claims secured by such a lien or recognised as
valid in such a judgment, within the limits set by
applicable laws and regulations governing the rights of
persons having such claims;

‘Article 8

1. Without prejudice to the applicable rules concerning
reporting, confidentiality and professional secrecy and to
the provisions of Article 284 of the Treaty, natural and
legal persons, entities and bodies shall:

immediately any information which would
(a) provide
compliance with this Regulation,
such as
facilitate
accounts
frozen in accordance with
and amounts
Article 4, to the competent authorities indicated in the
websites listed in Annex V, in the Member State where
they are resident or located, and, directly or through
these competent authorities, to the Commission;

(b) cooperate with the competent authorities indicated in the
in any verification of this

websites listed in Annex V,
information.

2.
Any information provided or received in accordance
with this Article shall be used only for the purposes for
which it was provided or received.’;

(c) satisfying the claim is not in breach of Regulation (EEC)

6. the following Article shall be inserted:

No 3541/92; and

(d) recognising the lien or judgment

is not contrary to

public policy in the Member State concerned.

In all other circumstances, funds, economic resources
2.
and proceeds of economic resources frozen pursuant
to
Article 4 shall only be unfrozen for the purpose of their
transfer to the Development Fund for Iraq held by the
Central Bank of
in
UNSC Resolution 1483 (2003).’;

the conditions set out

Iraq, under

‘Article 15a

1. Member States shall designate the competent autho-
rities referred to in Articles 6, 7 and 8 of this Regulation
the websites listed in
and identify them in, or through,
Annex V.

2. Member States shall notify the Commission of their
competent authorities before 15 March 2008 and shall
notify it of any subsequent changes.’;

4. Article 7 shall be replaced by the following:

7. Article 16 shall be replaced by the following:

‘Article 7

The participation, knowingly and intentionally,

in
1.
activities,
the object or effect of which is, directly or
indirectly, to circumvent Article 4 or to promote the trans-
actions referred to in Articles 2 and 3, shall be prohibited.

‘Article 16

This Regulation shall apply:

(a) within the territory of

the Community,

including its

airspace;

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(b) on board any aircraft or any vessel under the jurisdiction

8. Article 18(3) shall be replaced by the following:

of a Member State;

(c)

to any person inside or outside the territory of
Community who is a national of a Member State;

the

(d) to any legal person, entity or body which is incorporated
or constituted under the law of a Member State; and

(e)

to any legal person, entity or body in respect of any
business done
in part within the
Community.’;

in whole or

Articles 2 and 10 shall apply until 31 December

‘3.
2008.’;

9. Annex V shall be replaced by the text appearing in the

Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day of its publi-
cation 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, 3 March 2008.

For the Council
The President

J. PODOBNIK

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ANNEX

‘ANNEX V

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

A. Websites for information on competent authorities

BELGIUM

http://www.diplomatie.be/eusanctions

BULGARIA

http://www.mfa.government.bg

CZECH REPUBLIC

http://www.mfcr.cz/mezinarodnisankce

DENMARK

http://www.um.dk/da/menu/Udenrigspolitik/FredSikkerhedOgInternationalRetsorden/Sanktioner/

GERMANY

http://www.bmwi.de/BMWi/Navigation/Aussenwirtschaft/Aussenwirtschaftsrecht/embargos.html

ESTONIA

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

IRELAND

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

GREECE

hhttp://www.ypex.gov.gr/www.mfa.gr/en-US/Policy/Multilateral+Diplomacy/International+Sanctions/

SPAIN

www.mae.es/es/MenuPpal/Asuntos/Sanciones+Internacionales

FRANCE

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

ITALY

http://www.esteri.it/UE/deroghe.html

CYPRUS

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

LATVIA

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

LITHUANIA

http://www.urm.lt

LUXEMBOURG

http://www.mae.lu/sanctions

HUNGARY

http://www.kulugyminiszterium.hu/kum/hu/bal/Kulpolitikank/nemzetkozi_szankciok/

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MALTA

http://www.doi.gov.mt/EN/bodies/boards/sanctions_monitoring.asp

NETHERLANDS

http://www.minbuza.nl/sancties

AUSTRIA

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

POLAND

http://www.msz.gov.pl

PORTUGAL

http://www.min-nestrangeiros.pt

ROMANIA

http://www.mae.ro/index.php?unde=doc&id=32311&idlnk=1&cat=3

SLOVENIA

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

SLOVAKIA

http://www.foreign.gov.sk

FINLAND

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

SWEDEN

http://www.ud.se/sanktioner

UNITED KINGDOM

http://www.fco.gov.uk/competentauthorities

B. Address for notifications to the European Commission:

Commission of the European Communities
Directorate-General for External Relations
Directorate A. Crisis Platform and Policy Coordination in Common Foreign and Security Policy
Unit A.2. Crisis Response and Peace Building
CHAR 12/106
B-1049 Brussels
Tel. (32-2) 295 5585
Fax (32-2) 299 0873’