Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
Date: 2012-02-20
Institutions: European Commission, High Representative of the Union
Subjects: Syria, economic resources, economic sanctions, international sanctions, precious metal, trade restriction

EUROPEAN 
COMMISSION 

HIGH REPRESENTATIVE OF THE_ 
EUROPEAN UNION FOR _FOREIGN AFFAIRS
AND _SECURITY POLICY

Brussels, 20.2.2012  
JOIN(2012) 3 final 

2012/0031 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the 
situation in Syria 

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EXPLANATORY MEMORANDUM 

(1) 

(2) 

(3) 

On  18  January  2012  the  Council  adopted  Regulation  (EU)  No  36/2012  concerning 
restrictive  measures  in  view  of  the  situation  in  Syria.  This  regulation  repealed  and 
replaced Regulation (EU) No 442/2011.  

The  Council  has  now  reached  political  agreement  on  the  adoption  of  additional 
measures,  namely  a  prohibition  on  the  sale,  purchase,  transportation  or  brokering  of 
gold, precious metals and diamonds, restrictive measures against the Central Bank of 
Syria, and additions to the list of targeted persons and entities.  

This measure falls within the scope of the Treaty on the Functioning of the European 
Union and, therefore, the High Representative for Foreign Affairs and Security Policy 
and the European Commission propose to amend Regulation (EU) No 36/2012 to give 
effect to these measures. 

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2012/0031 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) No 36/2012 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  2011/782/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) 

(5) 

On  18  January  2012  the  Council  adopted  Regulation  (EU)  No  36/2012  concerning 
restrictive measures in view of the situation in Syria2.  

In  view  of  the  continued  brutal  repression  and  violation  of  human  rights  by  the 
Government  of  Syria,  Council  Decision  2012/…/CFSP,  amending  Decision 
2011/782/CFSP,  provides  for  additional  measures,  namely  a  prohibition  on  the  sale, 
purchase,  transportation  or  brokering  of  gold,  precious  metals  and  diamonds, 
restrictive  measures  against  the  Central  Bank  of  Syria,  and  additions  to  the  list  of 
targeted persons and entities.  

Those  measures  fall  within  the  scope  of  the  Treaty  on  the  Functioning  of  the 
European Union and regulatory action at the level of the Union is therefore necessary 
in  order  to  implement  them,  in  particular  with  a  view  to  ensuring  their  uniform 
application by economic operators in all Member States. 

Council Regulation (EU) No 36/2012 should therefore be amended accordingly. 

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

1 
2 

OJ L 319, 02.12.2011, p. 56. 
OJ L 16, 19.1.2012, p. 1–32. 

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HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EU) No 36/2012 is amended as follows: 

(1) 

The following Article 11a is inserted: 

1. 

It shall be prohibited: 

"Article 11a 

(a) 

(b) 

(c) 

to  sell,  supply,  transfer or  export,  directly  or  indirectly,  gold,  precious  metals 
and diamonds, as listed in Annex VIII, 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;  

to purchase, import or transport gold, precious metals and diamonds, as listed 
in Annex VIII, 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 

to  provide,  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.  

2. 

Annex  VIII  shall  include  gold,  precious  metals  and  diamonds  subject  to  the 
prohibitions referred to in paragraph 1." 

(2) 

The following Article 21a is inserted: 

"Article 21a 

By way of derogation from Article 14, the competent authorities of the Member States may 
authorise, under such conditions as they deem appropriate, the release of certain frozen funds 
or economic resources of the Central Bank of Syria or the making available of certain funds 
or economic resources to the Central Bank of Syria, after having determined that the funds or 
economic resources are necessary for the purpose of providing credit or financial institutions 
with  liquidity  for  the  financing  of  trade,  provided  that  the  Member  State  concerned  has 
notified the other Member States and the Commission of that determination and its intention 
to grant an authorisation at least ten working days prior to the authorisation." 

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Annex  II  to  Regulation  (EU)  No  36/2012  is  amended  in  accordance  with  Annex  I  to  this 
Regulation. 

Article 2 

The text set out in Annex II to this Regulation is added as Annex VIII to Regulation (EU) No 
36/2012 

Article 3 

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

Article 4 

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 

In Annex II to Regulation (EU) No 36/2012, the following entries are added: 

[Contents confidential] 

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ANNEX II 

List of gold, precious metals and diamonds referred to in Article 11a 

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. 

8112  Rhenium, Indium, Germanium." 

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