Proposal for a COUNCIL DECISION amending Council Decision of 2 September 2011 partially suspending the application of the Cooperation Agreement between the European Economic Community and the Syrian Arab Republic
Date: 2012-02-20
Institutions: European Commission
Subjects: Syria, cooperation agreement, economic resources, economic sanctions, international sanctions, precious metal, trade agreement, trade restriction

EUROPEAN COMMISSION 

Brussels, 20.2.2012  
COM(2012) 78 final 

2012/0032 (NLE) 

Proposal for a 

COUNCIL DECISION 

amending Council Decision of 2 September 2011 partially suspending the application of 
the Cooperation Agreement between the European Economic Community and the 
Syrian Arab Republic 

 
 
  
 
EXPLANATORY MEMORANDUM 

(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’)1  to 
promote overall cooperation with a view to strengthen relations between them. 

On 2 September 2011, the Council decided the partial suspension the application of 
the Cooperation Agreement2 until the Syrian authorities put an end to the systematic 
violations of human rights and can again be considered as being in compliance with 
general international law and the principles which form the basis of the Cooperation 
Agreement. 

Since  then,  and  in  view  of  the  further  deterioration  of  the  situation  in  Syria,  the 
Union has decided to adopt further restrictive measures against the Syrian regime. 

In this regard, the partial suspension of the application of the Cooperation Agreement 
should  continue.  In  line  with  the  approach  of  2  September  2011,  the  suspension 
should aim at targeting the Syrian authorities, not the people of Syria, and should be 
limited accordingly. Since gold, precious metals and diamonds are products the trade 
in  which  benefits  in  particular  the  Syrian  regime,  and  which  therefore  supports  its 
repressive policies, the suspension should be extended so as to apply also to trade in 
these materials. 

1 
2 

OJ L 269, 27.9.1978, p. 2. 
OJ L 228, 3.9.2011, p. 19. 

EN 

2 

   EN 

 
                                                 
2012/0032 (NLE) 

Proposal for a 

COUNCIL DECISION 

amending Council Decision of 2 September 2011 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’)1  to  promote  overall 
cooperation with a view to strengthen relations between them. 

On  2  September  2011,  the  Council  decided  the  partial  suspension  the  application  of  the 
Cooperation Agreement2 until the Syrian authorities put an end to the systematic violations 
of  human  rights  and  can  again  be  considered  as  being  in  compliance  with  general 
international law and the principles which form the basis of the Cooperation Agreement. 

Since then, and in view of the further deterioration of the situation in Syria, the Union has 
decided to adopt further restrictive measures against the Syrian regime. 

In this regard, the partial suspension of the application of the Cooperation Agreement should 
continue.  In  line  with  the  approach  of  2  September  2011,  the  suspension  should  aim  at 
targeting the Syrian authorities, not the people of Syria, and should be limited accordingly. 
Since  gold,  precious  metals  and  diamonds  are  products  the  trade  in  which  benefits  in 
particular  the  Syrian  regime,  and  which  therefore  supports  its  repressive  policies,  the 
suspension should be extended so as to apply also to trade in these materials. 

HAS ADOPTED THIS DECISION:  

Article 1 

The measures listed in the Annex shall be added in the Annex to Council Decision of 2 September 
2011  partially  suspending  the  application  of  the  Cooperation  Agreement  between  the  European 
Economic Community and the Syrian Arab Republic. 

1 
2 

OJ L 269, 27.9.1978, p. 2. 
OJ L 228, 3.9.2011, p. 19. 

EN 

3 

   EN 

 
                                                 
This Decision shall be notified to the Syrian Arab Republic. 

Article 2 

Article 3 

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

Done at Brussels,  

For the Council 
The President 

EN 

4 

   EN 

 
 
 
ANNEX 

List of measures referred to in Article 1 

(1) 

(2) 

(3) 

The  sale,  supply,  transfer  or  export,  directly  or  indirectly,  of  gold,  precious  metals 
and  diamonds,  as  listed  below,  whether  or  not  originating  in  the  Union,  to  the 
Government of Syria, its public bodies, corporations and agencies, the Central Bank 
of Syria, any person, entity or body acting on their behalf or at their direction, or any 
entity or body owned or controlled by them;  

The  purchase,  import  or  transport  of  gold,  precious  metals  and  diamonds,  as  listed 
below, whether the item concerned originates in Syria or not, from the Government 
of Syria, its public bodies, corporations and agencies, the Central Bank of Syria and 
any person, entity or body acting on their behalf or at their direction, or any entity or 
body owned or controlled by them; and 

The  provision,  directly  or  indirectly,  technical  assistance  or  brokering  services, 
financing or financial assistance, related to the goods referred to in points (a) and (b), 
to the Government of Syria, its public bodies, corporations and agencies, the Central 
Bank  of  Syria  and  any  person,  entity  or  body  acting  on  their  behalf  or  at  their 
direction, or any enty or body owned or controlled by them. 

The gold, precious metals and diamonds referred to in this Annex are: 

HS Code 

Description 

7102  Diamonds, whether or not worked, but not mounted or set. 

7106 

Silver  (including  silver  plated  with  gold  or  platinum),  unwrought  or  in  semi- 
manufactured forms, or in powder form. 

7108  Gold  (including  gold  plated  with  platinum),  unwrought  or  in  semi-manufactured 

forms, or in powder form. 

7109  Base metals or silver, clad with gold, not further worked than semi-manufactured. 

7110 

Platinum, unwrought or in semi-manufactured forms, or in powder form. 

7111  Base  metals,  silver  or  gold,  clad  with  platinum,  not  further  worked  than  semi-

manufactured. 

7112  Waste and scrap of precious metal or of metal clad with precious metal; other waste 
and  scrap  containing  precious  metal  or  precious-metal  compounds,  of  a  kind  used 
principally for the recovery of precious metal. 

7502  Unwrought nickel. 

7503  Nickel waste and scrap. 

7504  Nickel powders and flakes. 

8103 

Tantalum and articles thereof, including waste and scrap. 

EN 

5 

   EN 

 
8112  Rhenium, Indium, Germanium. 

EN 

6 

   EN