Proposal for a Council Regulation amending Regulation (EC) No 423/2007 concerning restrictive measures against Iran
Date: 2009-06-17
Institutions: European Commission
Subjects: Iran, economic sanctions, legal person, natural person, nuclear non-proliferation

EN 

EN 

   EN 

 
 
COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 17.6.2009 
COM(2009) 285 final 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 423/2007 concerning restrictive measures against Iran 

EN 

   EN 

 
 
 
EXPLANATORY MEMORANDUM 

(1) 

(2) 

(3) 

Further  to  UN  Security  Council  Resolutions  1737  (2006),  1747  (2007)  and  1803 
(2008), Common Position 2007/140/CFSP and Council Regulation (EC) No 423/2007, 
as amended, make provision for certain restrictive measures against Iran. 

Council  Regulation  (EC)  No 1110/2008  of  10 November 2008  amended  Regulation 
(EC)  No 423/2007  and  introduced  new  restrictive  measures  against  Iran,  including  a 
prior  notification  obligation  in  respect  of  shipments  by  two  companies  involved  in 
proliferation  activities:  Iran  Air  Cargo  (IAC)  and  Islamic  Republic  of  Iran  Shipping 
Line (IRISL).  

The  implementing  rules  for  this  measure  are  based  on  certain  rules  for  the 
implementation of Council Regulation (EEC) No 2913/92 establishing the Community 
customs  code,  and  in  particular  the  rules  on  electronic  entry  and  exit  summary 
declarations to be applied from 1 July 20091. However, owing to the complexity of the 
procedures  for  the  introduction  of  these  declarations,  Commission  Regulation  (EC) 
No 273/2009  of  2 April 2009  introduced  a  transition  period  to  31 December 2010, 
during which carriers are not obliged to lodge prior electronic entry and exit summary 
declarations. 

(4) 

This  proposal  is  aimed  at  bringing  the  provisions  of  Council  Regulation  (EC) 
No 423/2007  concerning  the  transition  period  for  the  rules  on  the  implementation  of 
the  prior  notification  obligation  for  certain  companies'  shipments  into  line  with  the 
relevant customs provisions. 

1 

Provisions introduced by Commission Regulation (EC) No 1875/2006 of 18 December 2006 amending 
Commission Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council 
Regulation  (EEC)  No  2913/92  establishing  the  Community  Customs  Code (OJ  L 360,  19.12.2006, p. 
64). 

EN 

2 

   EN 

 
                                                 
Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 423/2007 concerning restrictive measures against Iran 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to Council Common Position 2008/652/CFSP of 7 August 2008 amending Common 
Position 2007/140/CFSP concerning restrictive measures against Iran2,  

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

Council  Regulation  (EC)  No 1110/2008  of  10 November 2008  amending  Regulation  (EC) 
No 423/2007  concerning  restrictive  measures  against  Iran3  imposed  additional  restrictive 
measures  pursuant  to  Common  Position  2008/652/CFSP,  and  in  particular  a  prior 
notification obligation in respect of certain shipments to and from Iran.  

For  technical  reasons,  provision  was  made  for  derogations  from  the  rules  for  the 
implementation  of  this  prior  notification  obligation  during  a  transition  period.  As  the 
complexity of the implementing rules for this measure has resulted in unforeseen delays in 
its implementation, the transition period should be extended to 31 December 2010. 

(3) 

Regulation (EC) No 423/2007 should therefore be amended accordingly, 

HAS ADOPTED THIS REGULATION: 

Article 1 

The fourth and fifth paragraphs of Article 4a of Regulation (EC) No 423/2007 are hereby replaced 
by the following: 

"Until  31 December 2010,  the  entry  and  exit  summary  declarations  and  the  additional  elements 
required as referred to above may be submitted in written form using commercial, port or transport 
information, provided that they contain the necessary particulars. 

As from 1 January 2011, the additional elements required, as referred to above, shall be submitted 
either in written form or using the entry and exit summary declarations as appropriate." 

2 
3 

OJ L 213, 8.8.2008, p. 58. 
OJ L 103, 20.4.2007, p. 1. Regulation as last amended by Council Regulation (EC) No 1110/2008 (OJ L 300, 
11.11.2008, p. 1). 

EN 

3 

   EN 

 
                                                 
This Regulation shall enter into force on 1 July 2009. 

Article 2 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, […] 

For the Council 
The President 

EN 

4 

   EN