Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
Date: 2012-12-18
Institutions: European Commission, High Representative of the Union
Subjects: Syria, air transport, economic sanctions, international sanctions, repression, trade restriction

EUROPEAN 
COMMISSION 

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

Brussels, 18.12.2012  
JOIN(2012) 37 final 

2012/0368 (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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(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

EXPLANATORY MEMORANDUM 

On 18 January 2012, the Council adopted Regulation (EU) No 36/2012 concerning 
restrictive measures in view of the situation in Syria and repealing Regulation (EU) 
No  442/2011  in  order  to  give  effect  to  Council  Decision  2011/782/CFSP  of  1 
December 2011 concerning restrictive measures against Syria.  

On  15  October  2012,  the  Council  approved  Decision  2012/634/CFSP  amending 
Decision  2012/782/CFSP  of  1  December  2011.  These  amendments  were 
incorporated  into  Council  Decision  2012/739/CFSP  of  29  November  2012  which 
repealed  and  replaced  Council  Decision  2011/782/CFSP  of  1  December  2011. 
Additional elements necessitate amendment of Regulation No 36/2011 of 18 January 
2012.  

The  further  prohibitions  which  have  been  incorporated  into  Council  Decision 
2012/739/CFSP include a ban on the purchase, import or transport of equipment that 
may  be  used  for  internal  repression,  and  financing  or  financial  assistance  for  the 
purchase of such items. 

It  is  also  necessary  to  ensure  that  the  restrictive  measures  against  Syrian  Arab 
Airlines  do  not  prevent  acts  or  transactions  carried  out  for  the  sole  purpose  of 
evacuating citizens of the Union and their family members from Syria.  

Certain  technical  amendments  to  existing  measures  have  become  necessary.  In 
particular,  certain  provisions  regarding  the  controls  of  funds  transfers  should  be 
reviewed  in  order  to  facilitate  their  application  by  competent  authorities  and 
operators and to prevent circumvention of the provisions of this Regulation.  

Article 29(2) of Regulation (EU) No 36/2012 provides that information provided or 
received shall be used only for the purposes for which it was provided or received. 
That provision should be qualified to clarify that this does not prevent Member States 
from  sharing  such  information  with  Syria  and  other  Member  States  in  accordance 
with national law for the purpose of the recovery of misappropriated assets.  

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2012/0368 (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  2012/739/CFSP  of  29  November  2012  concerning 
restrictive measures against Syria and repealing Decision 2011/782/CFSP1, 

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  Syria  and  repealing  Regulation  (EU) 
No  442/20112  in  order  to  give  effect  to  Council  Decision  2011/782/CFSP  of  1 
December  2011  concerning  restrictive  measures  against  Syria  and  repealing 
Regulation (EU) No 442/2011.3  

On  29  November  2012,  the  Council  approved  Decision  2012/739/CFSP  which 
repealed and replaced Council Decision 2011/782/CFSP of 1 December 2011.  

In Council Decision 2012/739/CFSP it has been decided to ban the purchase, import or 
transport  of  equipment  that  may  be  used  for  internal  repression,  and  financing  or 
financial assistance for the purchase of such items.  

Certain  technical  amendments  to  existing  measures  have  become  necessary.  In 
particular,  certain  provisions  regarding  the  controls  of  funds  transfers  should  be 
reviewed in order to facilitate their application by competent authorities and operators 
and to prevent circumvention of the provisions of this Regulation. It is also necessary 
to clarify that restrictive measures against Syrian Arab Airlines should not prevent acts 
or transactions carried out for the sole purpose of evacuating citizens of the Union and 
their family members from Syria. 

Article 29 of Regulation (EU) No 36/2012 of 18 January 2012 concerns information to 
be  shared  by  persons,  entities  and  bodies  in  order  to  facilitate  compliance  with  the 
Regulation. Article 29(2) provides that information provided or received is to be used 
only for  the purposes for which it was provided or received. However, Article 29(2) 
does  not  prevent  Member  States  from  sharing  such  information  under  national  law 

1 
2 
3 

OJ L 330, 30.11.2012, p. 21. 
OJ L 16, 19.1.2012, p. 1. 
OJ L 319, 2.12.2011, p56. 

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with Syria and other Member States where necessary for the purpose of assisting the 
recovery of misappropriated assets.  

(6) 

It  is  also  necessary  to  update  Regulation  (EC)  No  1210/2003  with  the  latest 
information  provided  by  Member  States  regarding  the  identification  of  competent 
authorities and to update the address of the European Commission. 

(7) 

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

HAS ADOPTED THIS REGULATION: 

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

(1) 

After Article 3, the following Article 3a is inserted: 

It shall be prohibited: 

"Article 3a 

(a) 

(b) 

to  purchase,  import  or  transport  equipment  which  might  be  used  for  internal 
repression as listed in Annex 1 from Syria or any such equipment originating in 
Syria;  

to  provide,  directly  or  indirectly,  financing  or  financial  assistance,  including 
financial derivatives, insurance and reinsurance and brokering services related 
to insurance and reinsurance for any purchase, import or transport referred to in 
point (a) above; or, 

(c) 

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

(2) 

Article 18 is replaced by the following: 

"Article 18 

1.  By  way  of  derogation  from  Article  14,  the  competent  authorities  in  Member 
States, as indicated on the websites listed in Annex III, may authorise the release of 
certain frozen funds or economic resources, if the following conditions are met: 

(a) 

(b) 

(c) 

(d) 

the funds or economic resources are the subject of an arbitral decision rendered 
prior to the date on which the natural or legal person, entity or body referred to 
in  Article  14  was  listed  in  Annex  II  or  IIa,  or  of  a  judicial  or  administrative 
decision rendered in the European Union, or a judicial decision enforceable in 
the Member State concerned, prior to or after that date; 

the  funds  or  economic  resources  will  be  used  exclusively  to  satisfy  claims 
secured by such a decision or recognised as valid in such a decision, within the 
limits  set  by  applicable  laws  and  regulations  governing  the  rights  of  persons 
having such claims; 

the  decision  is  not  for  the  benefit  of  a  natural  or  legal  person,  entity  or  body 
listed in Annex II or IIa; 

recognising  the  decision  is  not  contrary  to  public  policy  in  the  Member  State 
concerned. 

2.  The  Member  State  concerned  shall  inform  the  other  Member  States  and  the 
Commission of any authorisation granted under this Article." 

(3) 

In Article 21a, the following paragraph 3 is added: 

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"3.  Article 14(2) shall not prevent acts or transactions carried out with respect to 
Syrian  Arab  Airlines  for  the  sole  purpose  of  evacuating  citizens  of  the  Union  and 
their family members from Syria."  

(4) 

In Article 29 the following paragraph 3 shall be added: 

"3.  Paragraph 2 shall not prevent Member States from sharing such information in 
accordance  with  their  national  law  with  Syria  and  other  Member  States  where 
necessary and for the purpose of assisting the recovery of misappropriated assets."  

(5) 

Annex III is replaced by the Annex to this Regulation. 

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

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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LIST OF COMPETENT AUTHORITIES IN THE MEMBER STATES AND ADDRESS FOR NOTIFICATIONS TO THE 
EUROPEAN COMMISSION  

ANNEX 

"ANNEX III 

A. Competent authorities in each Member State: 

BELGIUM 

http://www.diplomatie.be/eusanctions 

BULGARIA 

http://www.mfa.bg/en/pages/135/index.html 

CZECH REPUBLIC 

http://www.mfcr.cz/mezinarodnisankce 

DENMARK 

http://um.dk/da/politik-og-diplomati/retsorden/sanktioner/ 

GERMANY 

http://www.bmwi.de/BMWi/Navigation/Aussenwirtschaft/Aussenwirtschaftsrecht/embargos.h

tml 

ESTONIA 

http://www.vm.ee/est/kat_622/ 

IRELAND 

http://www.dfa.ie/home/index.aspx?id=28519 

GREECE 

http://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html 

SPAIN 

http://www.maec.es/es/MenuPpal/Asuntos/Sanciones%20Internacionales/Paginas/Sanciones_

%20Internacionales.aspx 

FRANCE 

http://www.diplomatie.gouv.fr/autorites-sanctions/ 

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ITALY 

http://www.esteri.it/MAE/IT/Politica_Europea/Deroghe.htm 

CYPRUS 

http://www.mfa.gov.cy/sanctions 

LATVIA 

http://www.mfa.gov.lv/en/security/4539 

LITHUANIA 

http://www.urm.lt/sanctions 

LUXEMBOURG 

http://www.mae.lu/sanctions 

HUNGARY 

http://www.kulugyminiszterium.hu/kum/hu/bal/Kulpolitikank/nemzetkozi_szankciok/ 

MALTA 

http://www.doi.gov.mt/EN/bodies/boards/sanctions_monitoring.asp 

NETHERLANDS 

www.rijksoverheid.nl/onderwerpen/internationale-vrede-en-veiligheid/sancties 

AUSTRIA 

http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version= 

POLAND 

http://www.msz.gov.pl 

PORTUGAL 

http://www.min-nestrangeiros.pt 

ROMANIA 

http://www.mae.ro/node/1548 

SLOVENIA 

http://www.mzz.gov.si/si/zunanja_politika_in_mednarodno_pravo/zunanja_politika/mednarod

na_varnost/omejevalni_ukrepi/  

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SLOVAKIA 

http://www.foreign.gov.sk 

FINLAND 

http://formin.finland.fi/kvyhteistyo/pakotteet 

SWEDEN 

http://www.ud.se/sanktioner 

UNITED KINGDOM 

www.fco.gov.uk/competentauthorities 

B. Address for notifications to, or other communication with, the European Commission: 

European Commission  

Service for Foreign Policy Instruments (FPI) 

EEAS 02/309 

B-1049 Brussels  

Belgium" 

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