Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria
Date: 2011-10-10
Institutions: European Commission, High Representative of the Union
Subjects: Syria, crude oil, economic sanctions, international sanctions, trade restriction

EUROPEAN COMMISSION 

HIGH REPRESENTATIVE OF THE
EUROPEAN UNION FOR 
FOREIGN AFFAIRS AND 
SECURITY POLICY

Brussels, 10.10.2011 
COM(2011) 645 final 

2011/0278 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) No 442/2011 concerning restrictive measures in view of the 
situation in Syria 

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EXPLANATORY MEMORANDUM 

(1) 

(2) 

(3) 

(4) 

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

On 2 September 2011, the Council amended Regulation (EU) No 442/2011 to extend 
the  measures  against  Syria,  including  an  expansion  of  the  listing  criteria,  and  a 
prohibition  on  the  purchase,  import  or  transportation  of  crude  oil  from  Syria.  On  23 
September  2011,  the  Council  amended  Regulation  (EU)  No  442/2011  extending 
further the measures against Syria, to include a prohibition on investment in the crude 
oil sector, the addition of further listings, and a prohibition of the delivery of Syrian 
banknotes and coins to the Central Bank of Syria. 

The  Council  has  now  reached  political  agreement  on  the  adoption  of  additional 
measures,  namely  the  listing  of  an  additional  entity,  together  with  a  derogation 
permitting on a temporary basis the use of frozen funds subsequently received by this 
entity  in  connection  with  the  financing  of  trade  with  non-designated  persons  and 
entities.  

This measure falls within the scope of the Treaty on the Functioning of the European 
Union  and,  therefore,  notably  with  a  view  to  ensuring  its  uniform  application  by 
economic operators in all Member States, regulatory action at the level of the Union is 
necessary in order to implement it. 

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2011/0278 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) No 442/2011 concerning restrictive measures in view of the 
situation in Syria 

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  to  Council  Decision  2011/273/CFSP  concerning  restrictive  measures  against 
Syria1,  

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

Whereas: 

(1) 

(2) 

(3) 

(4) 

On  9  May  2011,  the  Council  adopted  Regulation  (EU)  No  442/20112  concerning 
restrictive measures in view of the situation in Syria.  

On 2 September 2011, the Council amended Regulation (EU) No 442/2011 to extend 
the  measures  against  Syria,  including  an  expansion  of  the  listing  criteria,  and  a 
prohibition  on  the  purchase,  import  or  transportation  of  crude  oil  from  Syria.  On  23 
September 2011, the Council again amended Regulation (EU) No 442/2011 extending 
further the measures against Syria, to include a prohibition on investment in the crude 
oil sector, the addition of further listings, and a prohibition of the delivery of Syrian 
banknotes and coins to the Central Bank of Syria. 

Council  Decision  2011/[  ]/CFSP3  provides  for  an  additional  measure,  namely  the 
listing  of  an  additional  entity,  together  with  a  derogation  permitting,  for  a  limited 
period, the use of frozen funds subsequently received by this entity in connection with 
the financing of trade with non-designated persons and entities.  

This measure falls within the scope of the Treaty on the Functioning of the European 
Union  and,  therefore,  notably  with  a  view  to  ensuring  its  uniform  application  by 
economic operators in all Member States, regulatory action at the level of the Union is 
necessary in order to implement it. 

1 
2 
3 

OJ L 121, 10.5.2011, p. 11. 
OJ L 121, 10.5.2011, p. 1 
OJ L …, ......2011, p. …. 

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(5) 

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

HAS ADOPTED THIS REGULATION: 

Regulation (EU) No 442/2011 is amended as follows: 

Article 1 

(1) 

(2) 

In Articles 4(1), 4(2), 5(2), 5(3) and 6(1), the words “Annex II” shall be replaced by 
the words “Annexes II and IIa.” 

In Articles 7(a), 7(c), 9 and 14(1), the words “Annex II” shall be replaced with the 
words “Annex II or Annex IIa” 

(3) 

Paragraph 1 of Article 5 is replaced by the following paragraph: 

“1. Annexes II and IIa shall consist of the following: 

(a)  Annex II shall consist of a list of natural or legal persons, entities and bodies 
who,  in  accordance  with  Article  4(1)  of  Decision  2011/273/CFSP,  have  been 
identified by the Council as being persons or entities responsible for the violent 
repression against the civilian population in Syria, and natural or legal persons 
and entities associated with them, and to whom Article 9a shall not apply.” 

(b)  Annex IIa shall consist of a list of entities who, in accordance with Article 4(1) 
of  Decision  2011/273/CFSP,  have  been  identified  by  the  Council  as  being 
entities  associated  with  the  persons  or  entities  responsible  for  the  violent 
repression  against  the  civilian  population  in  Syria,  and  to  whom  Article  9a 
shall apply.” 

(4) 

Paragraph 4 of Article 14 is replaced by the following paragraph: 

“4. The lists in Annexes II and IIa shall be reviewed at regular intervals and at least 
every 12 months.” 

(5) 

The following Article is inserted: 

“Article 9a 

By way of derogation from Article 4(1), an entity listed in Annex IIa may, for a period of 2 
months  from  the  date  on  which  it  was  designated,  make  a  payment  from  frozen  funds  or 
economic  resources  which  were  received  by  that  entity  after  the  date  on  which  it  was 
designated, provided that: 

(a) 

such payment is due under a trade contract; and 

(b) 

the competent authority of the relevant Member State has determined that the 
payment will not directly or indirectly be received by a person or entity listed 
in Annex II or Annex IIa.” 

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Annex I is inserted as Annex IIa to Regulation (EU) No 442/2011. 

Article 2 

Annex  II  to  Regulation  (EU)  No  442/2011  is  amended  as  set  out  in  Annex  II  to  this 
Regulation. 

Article 3 

Annex IV to Regulation (EU) No 442/2011 is replaced by Annex III to this Regulation. 

Article 4 

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

Article 5 

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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ANNEX I 

“ANNEX IIa 

List of entities referred to in Articles 4 and 5  

[name to be added by the Council] 

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In  Annex  II  to  Regulation  (EU)  No  442/2011,  the  entries  for  Emad  GHRAIWATI,  Tarif 
AKHRAS and Issam ANBOUBA are replaced by the following entries: 

ANNEX II 

Name  

Identifying 
information 
(date  of  birth, 
of 
place 
birth...) 

Reasons 

Date of listing 

Emad 
GHRAIWATI 

DoB:  March 
1959; 
PoB: 
Damascus, 
Syria 

President  of  the  Damascus  Chamber  of 
(Zuhair  Ghraiwati  Sons). 
Industry 
Supports 
the  Syrian 
economically 
regime. 

2.09.2011 

Tarif AKHRAS  DoB: 
PoB: 
Syria 

1949; 
Homs, 

of 

Founder 
the  Akhras  Group 
(commodities,  trading,  processing  and 
logistics), Homs. Supports economically 
the Syrian regime. 

2.09.2011 

Issam 
ANBOUBA 

DoB: 
1949; 
PoB:  Lattakia, 
Syria 

President  of  Issam  Anbouba  Est.  for 
agro-industry.  Supports  economically 
the Syrian regime. 

2.09.2011 

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ANNEX III 

“ANNEX IV 

List of Petroleum Products  

HS Code 

Description 

2709 00 

Petroleum oils and oils obtained from bituminous minerals, crude:  

2710  Petroleum  oils  and  oils  obtained  from  bituminous  minerals,  other  than  crude; 
preparations  not  elsewhere  specified  or  included,  containing  by  weight  70  %  or  more  of 
petroleum  oils  or  of  oils  obtained  from  bituminous  minerals,  these  oils  being  the  basic 
constituents  of the  preparations; waste oils (save that the purchase, in Syria, of kerosene jet 
fuel of CN code 2710 19 21 is not prohibited provided that it is intended and used solely for 
the purpose of the continuation of the flight operation of the aircraft into which it is loaded).  

2712  Petroleum  jelly;  paraffin  wax,  microcrystalline petroleum  wax, slack wax, ozokerite, 
lignite wax, peat wax, other mineral waxes, and similar products obtained by synthesis or by 
other processes, whether or not coloured. 

2713  Petroleum  coke,  petroleum  bitumen  and  other  residues  of  petroleum  oils  or  of  oils 
obtained from bituminous minerals:  

2714  Bitumen  and  asphalt,  natural;  bituminous  or  oil-shale  and  tar  sands;  asphaltites  and 
asphaltic rocks:  

2715 00 00  Bituminous  mixtures  based  on  natural  asphalt,  on  natural  bitumen,  on 
petroleum bitumen, on mineral tar or on mineral tar pitch (for example, bituminous mastics, 
cut-backs)” 

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