Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran
Date: 2012-12-07
Institutions: European Commission, High Representative of the Union
Subjects: Iran, economic sanctions, international sanctions, repression, trade restriction

EUROPEAN 
COMMISSION 

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

Brussels, 7.12.2012  
JOIN(2012) 35 final 

2012/0356 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) No 359/2011 concerning restrictive measures directed against 
certain persons, entities and bodies in view of the situation in Iran 

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EXPLANATORY MEMORANDUM 

(1) 

is  about 

The  Council 
to  adopt  a  Decision  amending  Council  Decision 
2011/235/CFSP concerning restrictive measures directed against certain persons and 
entities  in  view  of  the  situation  in  Iran.  This  Decision  will  amend  the  scope  of  the 
measures related to equipment which might be used for internal repression. Namely, 
it  will  provide  for  a  derogation  from  the  export  ban  on  equipment  which  might  be 
used for internal repression in case such equipment is needed solely for the protective 
use of the personnel of the Europen Union or of the Member States. 

(2) 

Action  at  EU  level  is  required  to  give  effect  to  this  amendment  of  the  scope  the 
measures related to equipment which might be used for internal repression. 

(3) 

Council Regualtion (EU) No 359/2011 should therefore be amended. 

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2012/0356 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) No 359/2011 concerning restrictive measures directed against 
certain persons, entities and bodies in view of the situation in Iran 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 215(2) thereof, 

regard 

to  Council  Decision  2012/…/CFSP1  amending  Council  Decision 
Having 
2011/235/CFSP concerning restrictive measures directed against certain persons and entities 
in view of the situation in Iran2, 

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) 

In  response  to  the  deterioration  of  the  human  rights  situation  in  Iran,  Council 
Regulation (EU) No 359/2011 of 12 April 20113 imposed certain restrictive measures 
directed  against  certain  persons,  entites  and  bodies,  in  accordance  with  Council 
Decision 2011/235/CFSP. 

On  …  December  2012  the  Council  adopted  Decision  2012/…/CFSP  amending 
Council  Decision  2011/235/CFSP  as  regards  the  scope  of  the  measures  related  to 
equipment which might be used for internal repression. 

That measure falls within the scope of the Treaty on the Functioning of the European 
Union  and,  therefore,  notably  with  a  view  to  ensuring  its  uniform  application  by 
economic operators in all Member States, regulatory action at the level of the Union is 
necessary in order to implement it. 

(4) 

Council Regulation (EU) No 359/2011 should therefore be amended accordingly. 

(5) 

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

1 
2 
3 

OJ L , , p. . 
OJ L 100, 14.4.2011, p. 51. 
OJ L 100, 14.4.2011, p. 1. 

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HAS ADOPTED THIS REGULATION: 

Council Regulation (EU) No 359/2011 is amended as follows: 

Article 1 

In Article 1a, the existing paragraph is numbered paragraph 1, and the following paragraph 2 
is added: 

"2. By way of derogation from paragraph 1, the competent authorites of the Member States, as 
listed in Annex II, may authorise, under such conditions as they deem appropriate, the sale, 
supply, transfer or export of, or the provision of assistance or services referred to in paragraph 
1 (b) and (c) to, equipment which might be used for internal repression as listed in Annex III 
provided that it is intended solely for the protective use of the personnel of the Europen Union 
or of the Member States." 

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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