Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
Date: 2012-07-24
Institutions: European Commission, High Representative of the Union
Subjects: Syria, arms control, economic sanctions, international sanctions, trade restriction

EUROPEAN COMMISSION 

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

Brussels, 24.7.2012  
JOIN(2012) 23 final 

2012/0206 (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) 

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  This  regulation  repealed  and 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 […] provides for one additional measure related to the obligation 
of Member States to inspect the cargo of vessels and aircraft bound for Syria if it is 
suspected that the cargo contain items the export of which is prohibited or subject to 
authorisation. The Council also reached political agreement on a derogation from the 
asset  freeze  of  the  Central  Bank  of  Syria  to  provide  funds  for  Syrian  students. 
Furthermore, it is necessary to amend Article 12 in order to clarify the scope of this 
measure. 

(3) 

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

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2012/0206 (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) 

(2) 

(3) 

(4) 

(5) 

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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. 

Council  Decision  2012/…/CFSP,  provides  for  an  additional  measure,  notably  that 
Member  States  should  inspect  all  vessels  and  aircraft  bound  for  Syria  if  they  have 
information that provides reasonable grounds to believe that the cargo contains arms 
or equipment, goods and technology which might be used for internal repression and 
the supply, sale, transfer or export of which is prohibited or subject to authorisation.  

In relation to this measure, Decision 2012/…/CFSP specifies that aircraft and vessels 
transporting cargo to Syria shall be subject to the requirement of additional pre-arrival 
or pre-departure information for all goods brought into or out of a Member State. 

Furthermore, this Decision 2012/…/CFSP provides for a derogation from the freezing 
of  funds  and  economic  resources in relation to a transfer of funds due  in connection 
with  the  provision  of  financial  support  to  Syrian  nationals  pursuing  an  education, 
professional training or engaged in academic research in the European Union. 

Some of 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.  

OJ L 16, 19.1.2012, p. 1. 

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(6) 

For the same reason, an amendment of Article 12 is necessary in order to clarify the 
the scope of this measure. 

(7) 

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

HAS ADOPTED THIS REGULATION: 

Article 1 

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

(1) 

The following Article 2c is inserted: 

“Article 2c 

The rules governing the obligation to provide advance information as determined in 
the  relevant  provisions  concerning  summary  declarations  as  well  as  customs 
declarations  in  Regulation  (EEC)  No  2913/92  of  12  October  1992  establishing  the 
Community  Customs  Code3,  and  in  Commission  Regulation  (EEC)  No  2454/934 
laying down provisions for the implementation thereof apply to all goods leaving the 
customs territory of the Union to Syria.  

The  person  who  provides  that  information  shall  also  present  the  authorisations  as 
required in the framework of the present Regulation.  

(2) 

Article 12, paragraph 1 is replaced by the following: 

“1. It shall be prohibited: 

(a)  to  sell,  supply,  transfer  or  export  equipment  or  technology  as  listed  in  Annex  VII  to  be 
used in the construction or installation in Syria of new power plants for electricity production; 

(b) to provide, directly or indirectly, financial or technical assistance in relation to any project 
referred to in point (a).” 

(3) 

Article 21a is replaced by the following: 

“Article 21a  

Article 14 shall not apply to the following transfers, provided that the competent authority of 
the relevant Member State has determined, on a case-by-case basis, that the payment will not 
directly or indirectly be received by any other person or entity listed in Annex II or IIa: 

(a) 

a  transfer  by  or  through  the  Central  Bank  of  Syria  of  funds  or  economic 
resources  received  and  frozen  after  the  date  of  its  designation  where  the 
transfer is related to a payment by a person or entity not listed in Annexes II or 
IIa due in connection with a specific trade contract; or  

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OJ L 302, 19.10.1992, p. 1. 
OJ L 253, 11.10.1993, p. 1. 

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(b) 

(c) 

a  transfer  of  funds  or  economic  resources  to  or  through  the  Central  Bank  of 
Syria where the transfer is related to a payment by a person or entity not listed 
in Annexes II or IIa due in connection with a specific trade contract; or  

a  transfer  of  funds  or  economic  resources  to  or  through  the  Central  Bank  of 
Syria where the transfer is related to a payment by a person or entity not listed 
in Annexes II or IIa due in connection with the provision of financial support to 
Syrian  nationals  pursuing  an  education,  professional  training  or  engaged  in 
academic research in the European Union. 

Article 14 shall also not apply to a transfer made by or through the Central Bank of Syria of 
frozen  funds  or  economic  resources  in  order  to  provide  financial  institutions  within  the 
jurisdiction of the Member States with liquidity for the financing of trade, provided that the 
transfer has been authorised by the competent authority of the relevant Member State.’.” 

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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