Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 267/2012 concerning restrictive measures against Iran
Date: 2012-07-12
Institutions: European Commission, High Representative of the Union
Subjects: Iran, derogation from EU law, environmental protection, exploitation of resources, hydrocarbon, international sanctions, petroleum exploration, public contract

EUROPEAN COMMISSION 

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

Brussels, 12.7.2012  
JOIN(2012) 21 final 

2012/0197 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) No 267/2012 concerning restrictive measures against Iran 

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EXPLANATORY MEMORANDUM 

(1) 

On  23  March  2012,  the  Council  adopted  Regulation  (EU)  No  267/2012  which 
repealed and replaced Regulation (EU) No 961/2010. 

(2)  Where a Member State takes action in order to ensure that legal obligations concerning 
the  health  and  safety  of  workers  and  environment  protection  are  respected  where 
cooperation with Iranian persons, entity or body may be affected by this Regulation, in 
cases of urgency, a Member State should be allowed to take such action without prior 
notification provided that it notifies the other Member States and the Commission as 
soon as possible afterwards. 

(3)  Where a Member State had granted a licence to engage in the activities of exploitation 
of hydrocarbons to a designated (i.e. listed in Annex IX whose assets shall be frozen) 
person, entity or body before that person, entity or body was designated, the competent 
authority  of  that  Member  State  may  authorise  derogation  from  certain  prohibitions 
provided  for  in  the  Regulation  where  such  derogation  is  needed  to  avoid 
environmental damage or permanent destruction of the license’s value. 

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2012/0197 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) No 267/2012 concerning restrictive measures against Iran 

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  2010/413/CFSP  of  26  July  2010  concerning  restrictive 
measures against Iran1, 

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

Whereas: 

(1) 

(2) 

Regulation (EU) No 267/20122 gives effect to the measures provided for in Decision 
2012/35/CFSP  amending  Decision  2010/413/CFSP  concerning  restrictive  measures 
against Iran3.  

In  order  to  protect  the  environment  and  the  health  and  safety  of  workers,  it  is 
necessary  to  provide  that  the  competent  authorities  of  Member  States  may  take  all 
action they deem necessary to ensure that legal obligations concerning the health and 
safety  of  workers  and  environment  protection  are  respected.  In  cases  of  urgency,  a 
Member  State  should  be  allowed  to  take  such  action  without  prior  notification 
provided  that  it  notifies  the  other  Member  States  and  the  Commission  as  soon  as 
possible afterwards. 

(3)  Where a Member State had granted a license to engage in the activities of exploitation 
of  hydrocarbons  to  a  designated  person,  entity  or  body  before  that  person,  entity  or 
body  was  designated,  the  competent  authority  of  that  Member  State  may  authorise 
derogation  from  certain  prohibitions  provided  for  in  Regulation  (EU)  No  267/2012 
where  such  derogation  is  needed  to  avoid  environmental  damage  or  permanent 
destruction of the license’s value, 

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OJ L 195, 27.7.2010. p. 39. 
OJ L 88, 24.3.2012, p. 1. 
OJ L 19, 24.1.2012, p. 22. 

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HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EU) No 267/2012 is amended as follows: 

(1) 

Article 43 paragraph 3 is replaced by the following: 

“3.  The  Member  State  concerned  shall  notify  the  other  Member  States  and  the 
Commission of the determination referred to in paragraph 1 and its intention to grant 
an authorisation at least ten working days prior to the authorisation. In case of threat 
to the environment and/or to the health and safety of workers in the Union requiring 
urgent action, the Member State concerned may grant an authorisation without prior 
notification  and  shall  notify  the  other  Member  States  and  the  Commission  within 
three working days after having granted the authorisation.” 

(2) 

The following Article 43a is inserted: 

" Article 43a 

1. By way of derogation from Articles 8, 9, Article 17(1) as regards Iranian person, 
entity or body referred to in Article 17(2)(b), Article 23(2) and (3) so far as they refer 
to persons, entities and bodies listed in Annex IX, Article 30 and 35, the competent 
authorities  of  a  Member  State  may  authorise,  under  such  conditions  as  they  deem 
appropriate, activities related to the exploration for, or exploitation of, hydrocarbons 
within  the  Union  undertaken  pursuant  to  a  licence  for  such  exploration  or 
exploitation issued by a Member State to a person, entity or body listed in Annex IX, 
if the following conditions are met: 

(a) 

(b) 

the licence for the exploration for, or exploitation of, hydrocarbons within the 
Union was issued prior to the date on which the person, entity or body listed in 
Annex IX was designated; 

the authorisation is necessary to avoid environmental damage in the Union or 
to prevent permanent destruction of the licence’s value, in case a Member State 
conducts  temporary  administrative  management  of  the  licence  and/or  of  the 
pipeline  and  infrastructure  used  in  connection  with  the  licensed  activity,  on  a 
temporary basis in accordance with the applicable national legislation. 

2. The derogation provided for in paragraph 1 shall only be granted for such period 
as necessary and its validity shall not exceed the validity of the licence issued to the 
person, entity or body listed in Annex IX. In case the competent authority considers 
that subrogation to contracts or the provision of indemnities is necessary, the period 
of validity of the derogation shall not exceed 5 years. 

3.  The  Member  State  concerned  shall  notify  the  other  Member  States  and  the 
Commission of its intention to grant an authorisation at least ten working days prior 
to  the  authorisation.  In  case  of  threat  to  the  environment  in  the  Union  requiring 
urgent  action  to  prevent  damage  to  the  environment,  the  Member  State  concerned 
may  grant  an  authorisation  without  prior  notification  and  shall  notify  the  other 

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Member States and the Commission within three working days after having granted 
the authorisation.” 

(3) 

Reference to Article 43a is added in the Title of Annex X. 

This  Regulation  shall  enter  into  force  on  the  day  following  that  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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