Proposal for a Council Regulation (EU) No …/2010 amending Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq (presented jointly by the Commission and the High Representative of the EU for Foreign Affairs and Security Policy)
Date: 2010-01-18
Institutions: European Commission
Subjects: Iraq, common foreign and security policy, economic sanctions, export, international sanctions, natural gas, petroleum, petroleum product, sale

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EUROPEAN COMMISSION  

Brussels, 18.1.2010 
COM(2010)5 final 

2010/0001 (NLE) 

Proposal for a 

COUNCIL REGULATION (EU) No …/2010 

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

(presented jointly by the Commission and the High Representative of the EU  
for Foreign Affairs and Security Policy) 

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EXPLANATORY MEMORANDUM 

(1) 

(2) 

(3) 

(4) 

Council  Regulation  (EC)  No  1210/2003  imposed  certain  restrictive  measures  in 
respect  of  Iraq,  in  accordance  with  Common  Position  2003/495/CFSP  and  UN 
Security  Council  Resolution  1483  (2003).  Among  other  things,  Regulation  (EC)  No 
1210/2003  made  specific  arrangements  concerning  payments  for  Iraqi  exports  of 
petroleum, petroleum products, and natural gas, and concerning immunity from legal 
proceedings of certain Iraqi assets, in its Articles 2 and 10, respectively. 

By  Resolution  1790  of  18  December  2007,  the  UN  Security  Council  decided,  inter 
alia,  that  these  specific  arrangements  should  be  applied  until  31  December  2008.  In 
accordance  with  Common  Position  2008/186/CFSP,  Regulation  (EC)  No  1210/2003 
was amended accordingly by means of Regulation (EC) No 195/2008. 

By  Resolution  1859  of  22  December  2008,  the  UN  Security  Council  decided,  as 
requested by Iraq, to extend these specific arrangements until 31 December 2009. In 
accordance  with  Common  Position  2009/175/CFSP,  Regulation  (EC)  No  1210/2003 
was amended accordingly by means of Regulation (EC) No 175/2009. 

By  Resolution  1905  of  21  December  2009,  the  UN  Security  Council  decided,  as 
requested  by  Iraq,  to  extend  further  these  specific  arrangements  until  31  December 
2010.  In  accordance  with  Council  Decision  2010/…/CFSP,  Regulation  (EC)  No 
1210/2003 should therefore be amended accordingly. 

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2010/0001 (NLE) 

Proposal for a 

COUNCIL REGULATION (EU) No …/2010 

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

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 
2003/495/CFSP on Iraq1, 

to  Council  Decision  2010/…/CFSP  amending  Common  Position 

Having  regard  to  the  joint  proposal  from  the  High  Representative  of  the  Union  for  Foreign 
Affairs and Security Policy and the Commission, 

Whereas: 

(1) 

(2) 

(3) 

In  line  with  Resolution  1483(2003)  of  the  UN  Security  Council,  Article  2  of 
Regulation  (EC)  No  1210/2003  concerning  certain  specific  restrictions  on  economic 
and  financial  relations  with  Iraq  and  repealing  Regulation  (EC)  No  2465/962,  made 
specific  arrangements  as  regards  payments  for  petroleum,  petroleum  products,  and 
natural  gas  exported  from  Iraq,  whereas  Article  10  of  that  Regulation  made  specific 
arrangements  concerning  immunity  from  legal  proceedings  of  certain  Iraqi  assets. 
These specific arrangements applied until 31 December 2008.  

Resolution  1859(2008)  of  the  UN  Security  Council  provided  that  both  specific 
arrangements  should  be  extended  until  31  December  2009.  In  accordance  with 
Common  Position  2009/175/CFSP,  Council  Regulation  (EC)  No  1210/2003  was 
amended accordingly by means of Council Regulation (EC) No 175/2009.  

Resolution  1905(2009)  of  the  UN  Security  Council  provided  that  both  specific 
arrangements should be further extended until 31 December 2010. In accordance with 
Council  Decision  2010/…/CFSP,  it  is  appropriate  to  amend  Regulation  (EC)  No 
1210/2003 accordingly. 

(4) 

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

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OJ L … , … 2010, p. .. . 
OJ L 169, 8.7.2003, p. 6. 

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HAS ADOPTED THIS REGULATION: 

Article 1 

In  Article  18  of  Regulation  (EC)  No  1210/2003  paragraph  3  shall  be  replaced  by  the 
following: 

“3. 

Articles 2 and 10 shall apply until 31 December 2010.” 

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

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 
[…] 

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