Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
Date: 2012-06-20
Institutions: European Commission, High Representative of the Union
Subjects: Syria, international sanctions, technology transfer, trade restriction

EUROPEAN COMMISSION 

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

Brussels, 20.6.2012  
JOIN(2012) 20 final 

2012/0171 (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  This  regulation  repealed  and 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.  

Council  Decision  […],  amending  Decision  2011/782/CFSP,  further  develops  the 
application of restrictive measures related to financial assistance.  

The  High  Representative  for  Foreign  Affairs  and  Security  Policy  and  the  European 
Commission propose to amend Regulation (EU) No 36/2012 in accordance with this 
clarification. 

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2012/0171 (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 
2011/782/CFSP concerning restrictive measures against Syria1,  

to  Council  Decision  2012/…/CFSP  amending  Council  Decision 

regard 

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) 

On  18  January  2012  the  Council  adopted  Regulation  (EU)  No  36/2012  concerning 
restrictive measures in view of the situation in Syria2 with a view to giving effect to 
most  of  the  measures  provided  for  in  Council  Decision  2011/782/CFSP.  This 
Regulation  prohibits,  inter  alia,  the  provision  of  certain  financing  and  financial 
assistance related to goods subject to an export prohibition. 

(2) 

Council  Decision  […],  amending  Decision  2011/782/CFSP,  further  develops  the 
application of restrictive measures related to financial assistance.  

(3) 

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

(4) 

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: 

1 
2 

OJ L 110, 24.4.2012, p. 36–37 
OJ L. 

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Article 1 

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

(1) 

Article 3, paragraph 1 is replaced by the following: 

“1. 

It shall be prohibited: 

(a) 

(b) 

(c) 

to provide, directly or indirectly, technical assistance related to the goods and 
technology  listed  in  the  Common  Military  List  of  the  European  Union3 
('Common Military List') or related to the provision, manufacture, maintenance 
and use of goods included in that list, to any person, entity or body in Syria or 
for use in Syria; 

to  provide,  directly  or  indirectly,  technical  assistance  or  brokering  services 
related  to  equipment,  goods  or  technology  which  might  be  used  for  internal 
repression as listed in Annexes I and IA, to any person, entity or body in Syria 
or for use in Syria; 

to provide, directly or indirectly, financing or financial assistance related to the 
goods and technology listed in the Common Military List or in Annexes I and 
IA, including in particular grants, loans and export credit insurance, as well as 
insurance  and  reinsurance,  for  any  sale,  supply,  transfer  or  export  of  such 
items, or for any provision of related technical assistance to any person, entity 
or body in Syria or for use in Syria; 

(d) 

to participate, knowingly and intentionally, in activities the object or effect of 
which is to circumvent the prohibitions referred to in points (a) to (c).” 

(2) 

Article 3, paragraph 4 is replaced by the following: 

“4.  Prior authorisation from the competent authority of the relevant Member State,
 as identified on the websites referred to in Annex III shall be required for the
 provision of: 

(a) 

(b) 

technical  assistance  or  brokering  services  related  to  equipment,  goods  or 
technology listed in Annex IX and to the provision, manufacture, maintenance 
and use of such equipment, goods and technology, directly or indirectly to any 
person, entity or body in Syria or for use in Syria; 

financing or financial assistance related to goods and technology referred to in 
Annex IX, including in particular grants, loans and export credit insurance, as 
well  as  insurance  and  reinsurance,  for  any  sale,  supply,  transfer  or  export  of 
such goods and technology, or for any provision of related technical assistance 
to any person, entity or body in Syria or for use in Syria.” 

3 

OJ C 86, 18.3.2011, p. 1. 

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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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