Proposal for a COUNCIL DECISION partially suspending the application of the Cooperation Agreement between the European Economic Community and the Syrian Arab Republic
Date: 2011-08-31
Institutions: European Commission
Subjects: Syria, common foreign and security policy, economic sanctions, human rights, international sanctions, trade agreement, trade restriction

EUROPEAN COMMISSION 

Brussels, 31.8.2011 
COM(2011) 543 final 

2011/0235 (NLE) 

Proposal for a 

COUNCIL DECISION 

partially suspending the application of the Cooperation Agreement between the 
European Economic Community and the Syrian Arab Republic 

 
 
  
 
EXPLANATORY MEMORANDUM 

On  9  May  2011,  the  Council  adopted  Regulation  (EU)  No  442/2011  concerning  restrictive 
measures in view of the situation in Syria1.  

Council  Decision  2011/[…]/CFSP  of  […]2  provides  for  further  measures  to  be  adopted 
including a prohibition on the purchase, import or transportation from Syria of crude oil and 
petroleum products, and the freezing of funds and economic resources to further persons and 
entities who benefit from or support Bashar al-Assad and his regime. The additional persons, 
entities and bodies to whom the freezing of funds and economic resources to apply are listed 
in the Annex to the Decision. 

These measures have been adopted by Council Regulation (EU) No […]/2011. 

Some  of  the  products  subject  to  these  measures  fall  within  the  scope  of  the  Cooperation 
Agreement  between  the  European  Economic  Community  and  the  Syrian  Arab  Republic, 
which is to be suspended as far as these products are concerned.  

Since  March  2011,  the  Syrian  authorities  have  committed  very  serious  violations  of  human 
rights  which  may  amount  to  crimes  against  humanity  as  assessed  by  the  UN  High 
Commissioner for Human Rights in her statement of 18 August 2011. 

Besides, the Preamble of the Cooperation Agreement indicates that the Contracting Parties, by 
concluding  this  Agreement,  wished  “to  demonstrate  their  common  desire  to  maintain  and 
strengthen  their  friendly  relations  in  accordance  with  the  principles  of  the  United  Nations 
Charter”. In the current circumstances, it can no longer be considered that “friendly relations 
in accordance with the principles of the United Nations Charter” can be pursued with Syria. 

On the other hand, the people of Syria, who are already suffering from repression, should not 
be affected by a suspension of the overall cooperation with Syria. Thus the suspension should 
be aimed and targeted only at the Syrian authorities. Considering that at present crude oil and 
petroleum products are products whose trade most benefits the Syrian regime and which thus 
supports  its  repressive  policies,  the  suspension  of  the  Cooperation  Agreement  should  be 
limited to crude oil and petroleum products. 

1 
2 

OJ L 121, 10.5.2011, p. 11. 
OJ L […] 

EN 

2 

   EN 

 
                                                 
2011/0235 (NLE) 

Proposal for a 

COUNCIL DECISION 

partially suspending the application of the Cooperation Agreement between the 
European Economic Community and the Syrian Arab Republic 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 207 in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

On  the  18  January  1977,  the  European  Economic  Community  and  the  Syrian  Arab 
republic  concluded  a  Cooperation  Agreement  (‘the  Cooperation  Agreement’)3  to 
promote overall cooperation with a view to strengthen relations between them. 

The Cooperation Agreement is based on the common desire of the Parties to maintain 
and  strengthen  friendly  relations  in  accordance  with  the  principles  of  the  United 
Nations Charter. 

Since March 2011, protests grew against specific abuses of power by Syrian officials 
against the general backdrop of growing economic and political discontent. Cautious 
protests which began in marginalised regions developed into a countrywide uprising. 
The  Syrian  authorities  have  responded,  and  continue  to  respond,  in  a  very  violent 
manner including by the shooting of peaceful protestors.  

On 18 August 2011, the UN High Commissioner for Human Rights issued a statement 
to the Human Rights Council 17th Special Session on the “Situation of human rights 
in the Syrian Arab Republic” in which she recalled that in its report of 18 August the 
fact-finding  mission  to  Syria  requested  by  the  Human  Rights  Council  had  found  a 
pattern  of  widespread  or  systematic  human  rights  violations  by  Syrian  security  and 
military  forces,  including  murder,  enforced  disappearances,  torture,  deprivation  of 
liberty, and persecution. The High Commissioner considered that the scale and nature 
of  these  acts  may  amount  to  crimes  against  humanity  and  urged  the  members  of  the 
Security Council to consider referring the current situation in Syria to the International 
Criminal Court. 

(5) 

On the same day, the EU condemned the brutal campaign being waged by Bashar al-
Assad and his regime against their own people which had led to the killing or injury of 

3 

OJ L 269, 27.9.1978, p. 2. 

EN 

3 

   EN 

 
                                                 
(6) 

(7) 

(8) 

many  Syrian  citizens.  The  EU  has  repeatedly  emphasised  that  the  brutal  repression 
international 
must  be  stopped,  detained  protesters  released,  free  access  by 
humanitarian  and  human  rights  organizations  and  media  allowed,  and  a  genuine  and 
inclusive  national  dialogue  launched.  The  Syrian  leadership,  however,  has  remained 
defiant in the face of calls from the EU and the broader international community. 

On 23 August 2011, the Human Rights Council adopted a Resolution on grave human 
rights  violations  in  the  Syrian  Arab  Republic  in  which  it  strongly  condemned  the 
continued  grave  human  rights  violations  by  the  Syrian  authorities,  reiterated  its  call 
upon  the  Syrian  authorities  to  comply  with  their  obligations  under  international  law, 
stressed  the  need  for  an  international,  transparent,  independent  and  prompt 
investigation  into  alleged  violations  of  international  law,  including  actions  that  may 
constitute  crimes  against  humanity  and  to  hold  those  responsible  to  account,  and 
decided to dispatch an independent international commission of inquiry to investigate 
violations of international human rights law in Syria. 

Considering  the  serious  breach  of  Syria  obligations  arising  in  particular  under 
peremptory  norms  of  general  international  law,  the  European  Union  has  decided  to 
adopt  additional  restrictive  measures  against  the  Syrian  regime  and  considers 
necessary to partially suspend the application of the Cooperation Agreement. 

Besides, according to the Preamble of the Cooperation Agreement, by concluding this 
Agreement, both Parties wished to demonstrate their common desire to maintain and 
strengthen  friendly  relations  in  accordance  with  the  principles  of  the  United  Nations 
Charter.  In  the  current  circumstances,  the  European  Union  considers  that  the  current 
situation in Syria is in clear violation of the principles of the United Nations Charter 
which constitute the basis of the cooperation between Syria and the European Union. 
It  therefore  considers  that  a  fundamental  change  of  circumstances  has  occurred  with 
regard to those existing at the time of the conclusion of this Agreement which change 
justifies a partial suspension of the Cooperation Agreement.  

(9) 

The  partial  suspension  should  last  until  the  Syrian  authorities  put  an  end  to  the 
systematic  violations  of  human  rights  and  can  again  be  considered  as  being  in 
compliance with the principles which form the basis of the Cooperation Agreement. 

(10)  Considering that the suspension should aim at targeting Syrian authorities only and not 
the people of Syria, the suspension should be limited. Since crude oil and petroleum 
products are at present the products whose trade most benefits the Syrian regime and 
which thus supports its repressive policies, the suspension of the Agreement should be 
limited to crude oil and petroleum products. 

HAS ADOPTED THIS DECISION:  

Article 1 

Article  12  and  Article  14  of  the  Cooperation  Agreement  between  the  European  Economic 
Community  and  the  Syrian  Arab  Republic  are  suspended  as  far  as  the  measures  listed  in 
Annex I are concerned. 

EN 

4 

   EN 

 
This Decision shall be notified to Syria. 

Article 2 

Article 3 

This  Decision  shall  enter  into  force  on  the  [  ]  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

Article  

This Decision is addressed to the Member States. 

Done at Brussels, 

For the Council 
The President 

EN 

5 

   EN 

 
 
 
ANNEX 

List of measures referred to in Article 1 

(1) 

The importation of crude oil and petroleum products into the Union if they  

(a)  originate in Syria; or  

(b)  have been exported from Syria; 

(2) 

(3) 

(4) 

(5) 

The  purchase  of  crude  oil  or  petroleum  products  which  are  located  in  or  which 
originated in Syria; 

The transportation of crude oil or petroleum products if they originate in Syria, or are 
being exported from Syria to any other country; 

The  provision,  directly  or  indirectly,  financing  or  financial  assistance,  including 
financial  derivatives  and  future  products,  as  well  as  insurance  and  re-insurance, 
related to the provisions in paragraphs (1), (2) and (3); and 

The  participation,  knowing  and  intentional,  in  activities  whose  object  or  effect  is, 
directly or indirectly, to circumvent the prohibitions in (1), (2), (3) or (4). 

EN 

6 

   EN