Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
Date: 2013-03-08
Institutions: European Commission, High Representative of the Union
Subjects: Syria, economic sanctions, import restriction, international sanctions

EUROPEAN 
COMMISSION 

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

Brussels, 8.3.2013  
JOIN(2013) 2 final 

2013/0079 (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  28  February  2013,  the  Council  adopted  Decision  2013/109/CFSP  amending 
Decision  2012/739/CFSP  concerning  restrictive  measures  against  Syria.1  This 
amended  the  scope  of  the  derogations  for  the  arms  embargo,  and  related  technical 
assistance.  

The  prohibitions  related  to  technical  assistance  are  implemented  at  the  level  of  the 
Union  by  Council  Regulation  (EU)  No  36/2012.  It  is  necessary  to  update  Council 
Regulation (EU) No 36/2012 accordingly. 

(3) 

Further action by the Union is needed in order to implement these measures. 

1 

OJ L 28, 1.3.2013, p8 

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2013/0079 (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  the  joint  proposal  from  the  High  Representative  of  the  Union  for  Foreign 
Affairs and Security Policy and the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

On  18  January  2012,  the  Council  adopted  Regulation  (EU)  No  36/2012  concerning 
restrictive measures in view of the situation in Syria2 in order to give effect to Council 
Decision 2011/782/CFSP of 1 December 2011 concerning restrictive measures against 
Syria.3 Decision 2012/739/CFSP repealed and replaced Decision 2011/782/CFSP.  

Council  Decision  2013/109/CFSP  of  28  February  2013  amending  Decision 
2012/739/CFSP  concerning  restrictive  measures  against  Syria4  includes  additional 
derogations in relation to the provision of technical assistance. 

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. 

(4) 

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

HAS ADOPTED THIS REGULATION: 

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

Article 3(2) is replaced by the following:  

Article 1 

"By way of derogation from paragraph 1, the prohibitions referred to therein shall not apply to 
the provision of technical assistance, financing and financial assistance related to: 

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– 

2 
3 
4 

technical  assistance  intended  solely  for  the  support  of  the  United  Nations 
Disengagement Observer Force (UNDOF), 

non-lethal  military  equipment,  or  of  equipment  which  might  be  used  for  internal 
repression, intended for humanitarian purposes or protective use or for the protection 

OJ L 16, 19.1.2012, p. 1. 
OJ L 319, 2.12.2011, p 56. 
OJ L 58, 1.3.2013, p. 8. 

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of civilians, or for institution building programmes of the UN and the Union, or for 
Union or UN crisis management operations, or for the Syrian National Coalition for 
Opposition and Revolutionary Forces intended for the protection of civilians; 

non-combat  vehicles  which  have  been  manufactured  or  fitted  with  materials  to 
provide ballistic protection, intended solely for the protective use of personnel of the 
Union  and  its  Member  States  in  Syria,  or  for  the  Syrian  National  Coalition  for 
Opposition and Revolutionary Forces intended for the protection of civilians;  

technical  assistance,  brokering  services  and  other  services  for  the  Syrian  National 
Coalition  for  Opposition  and  Revolutionary  Forces  intended  for  the  protection  of 
civilians, 

– 

– 

provided that such provision shall first have been approved by the competent authority of a 
Member State, as identified on the websites listed in Annex III." 

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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