Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
Date: 2013-06-10
Institutions: European Commission, High Representative of the Union
Subjects: Syria, financial transaction, import licence, international sanctions, petroleum, repression, technology transfer, trade restriction

EUROPEAN 
COMMISSION 

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

Brussels, 10.6.2013  
JOIN(2013) 21 final 

2013/0199 (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) 

(3) 

(4) 

(5) 

Council  Regulation  (EU)  No  36/2012  of  18  January  2012  concerning  restrictive 
measures  in  view  of  the  situation  in  Syria  gave  effect  to  Council  Decision 
2011/782/CFSP  of  1  December  2011.  Decision  2011/782/CFSP  was  repealed  and 
replaced by Council Decision 2012/739/CFSP. 

On 1 June 2013 Decision 2012/739/CFSP expired.  

On  31  May  2013  the  Council  adopted  Decision  2013/255/CFSP  concerning 
restrictive measures against Syria.  

Further  action  by 
2013/255/CFSP. 

the  Union 

is  needed 

in  order 

to 

implement  Decision 

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

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2013/0199 (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) 

(4) 

Council  Regulation  (EU)  No  36/2012  of  18  January  2012  concerning  restrictive 
measures  in  view  of  the  situation  in  Syria1  gave  effect  to  Council  Decision 
2011/782/CFSP  of  1  December  20112.  Council  Decision  2012/739/CFSP3  of  29 
November 2012 repealed and replaced Decision 2011/782/CFSP.  

On 1 June 2013 Decision 2012/739/CFSP expired. 
On 31 May 2013 the Council adopted Decision 2013/255/CFSP4 concerning restrictive 
measures against Syria.  

Decision 2013/255/CFSP calls for measures which fall within the scope of the Treaty 
on the Functioning of the European Union and, therefore, in particular with a view to 
ensuring their uniform application by economic operators in all Member States, action 
at the level of the Union is necessary in order to implement them.  

(5) 

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) 

(2) 

Article 2 is deleted. 

Article 2a is replaced by the following: 

1. 

It shall be prohibited:  

“Article 2a 

1 
2 
3 
4 

OJ L 16, 19.1.2012, p. 1. 
OJ L 319, 2.12.2011, p 56. 
OJ L 330, 30.11.2012, p. 21. 
OJ L 147, 1.6.2013, p. 14. 

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(a) 

(b) 

2. 

to  sell,  supply,  transfer  or  export,  directly  or  indirectly,  equipment,  goods  or 
technology which might be used for internal repression or for the manufacture 
and  maintenance  of  products  which  might  be  used  for  internal  repression,  as 
listed  in  Annex  IA,  whether  or  not  originating  in  the  Union,  to  any  person, 
entity or body in Syria or for use in Syria;  

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

By  way  of  derogation  from  paragraph  1,  the  competent  authorities  in  the 
Member  States,  as  identified  on  the  websites  listed  in  Annex  III,  may  grant, 
under such terms and conditions as they deem appropriate, an authorisation for 
a transaction in relation to equipment, goods or technology as listed in Annex 
IA, provided that the equipment, goods or technology are for food, agricultural, 
medical  or  other  humanitarian  purposes,  or  for  the  benefit  of  United  Nations 
personnel, personnel of the Union or its Member States.” 

(3) 

In  paragraph  2  of  Article  2c,  the  words  “prohibited  by  Articles  2  and  2a  of  this 
Regulation” are replaced by the following: 

“prohibited by Article 2a of this Regulation” 

(4) 

Article 3 is amended as follows: 

(a)  Paragraph 1 is replaced by the following: 

“1. 

It shall be prohibited:  

(a) 

(b) 

to  provide,  directly  or  indirectly,  technical  assistance  or  brokering 
services related to equipment, goods or technology which might be used 
for  internal  repression  or  for  the  manufacture  and  maintenance  of 
products  which  could  be  used  for  internal  repression  as  listed  in  Annex 
IA, to any person, entity or body in Syria or for use in Syria;  

to provide, directly or indirectly, financing or financial assistance related 
to  the  goods  and  technology  listed  in  Annex  IA,  including  in  particular 
grants,  loans  and  export  credit  insurance,  as  well  as  insurance  and 
reinsurance, for any sale, supply, transfer or export of such items, or for 
any provision of related technical assistance to any person, entity or body 
in Syria or for use in Syria;  

(c) 

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

(b)  Paragraph 2 is deleted. 

(c)  Paragraph 3 is replaced by the following: 

“3.  By  way  of  derogation  from  paragraph  1,  the  competent  authorities  of  the 
Member  States,  as  identified  on  the  websites  listed  in  Annex  III,  may  grant, 
under such terms and conditions as they deem appropriate, an authorisation for 
technical assistance "or brokering services, or financing or financial assistance 
related to equipment, goods or technology, as listed in Annex IA, provided that 
the equipment, goods or technology are for food, agricultural, medical or other 
humanitarian  purposes,  or  for  the  benefit  of  United  Nations  personnel, 
personnel of the Union or its Member States. 

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The  Member  State  concerned  shall  inform  the  other  Member  States  and  the 
Commission,  within  four  weeks,  of  any  authorisation  granted  under  the  first 
subparagraph.” 

(5) 

The following Article 6a is inserted: 

“Article 6a 

1. 

By way of derogation from Article 6, the competent authorities of the Member 
States  as  identified  on  the  websites  listed  in  Annex  III,  may  authorise,  under 
such  terms  and  conditions  as  they  deem  appropriate,  the  import,  purchase  or 
transport  of  crude  oil  or  petroleum  products,  or  the  provision  of  related 
financing  or  financial  assistance,  including  financial  derivatives,  as  well  as 
insurance and reinsurance, provided that the following conditions are met: 

(a) 

the competent authority has consulted in advance the competent person, entity 
or  body  of  the  Syrian  National  Coalition  for  Opposition  and  Revolutionary 
Forces; 

(b) 

the competent authority has determined that: 

(i) 

the activities concerned are for the purpose of providing assistance to the 
Syrian civilian population, in particular in view of meeting humanitarian 
concerns,  assisting  in  the  provision  of  basic  services,  reconstruction  or 
restoring economic activity; 

(ii) 

the activities concerned are not, directly or indirectly, for the benefit of a 
person, entity or body referred to in Article 14;  

(iii) 

the activities concerned do not breach any of the prohibitions laid down 
in this Regulation; and 

(c) 

2. 

the competent authority has required adequate safeguards against the misuse of 
the authorisation granted, including information concerning the counterparts to 
the transaction. 

The  Member  State  concerned  shall  inform,  within  two  weeks,  the  other 
Member  States  and  the  Commission  of  any  authorisation  granted  under  this 
Article.” 

(6) 

The following Article 9a is inserted: 

“Article 9a 

1. 

By way of derogation from Articles 8 and 9, the competent authorities of the 
Member States as identified on the websites listed in Annex III, may authorise, 
under  such  terms  and  conditions  as  they  deem  appropriate,  the  sale,  supply, 
transfer or export of the key equipment or technology as listed in Annex VI, or 
the provision of related technical assistance or brokering services, or financing 
or financial assistance, provided that the following conditions are met: 

(a) 

the competent authority has consulted in advance the competent person, entity 
or  body  of  the  Syrian  National  Coalition  for  Opposition  and  Revolutionary 
Forces; 

(b) 

the competent authority has determined that: 

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(i) 

the activities concerned are for the purpose of providing assistance to the 
Syrian civilian population, in particular in view of meeting humanitarian 
concerns,  assisting  in  the  provision  of  basic  services,  reconstruction  or 
restoring economic activity; 

(ii) 

the activities concerned are not, directly or indirectly, for the benefit of a 
person, entity or body referred to in Article 14;  

(iii) 

the activities concerned do not breach any of the prohibitions laid down 
in this Regulation; and 

the competent authority has required adequate safeguards against the misuse of 
the  authorisation  granted,  including  information  concerning  the  end-user,  the 
date, the itinerary and the final destination of the delivery. 

The  Member  State  concerned  shall  inform,  within  two  weeks,  the  other 
Member  States  and  the  Commission  of  any  authorisation  granted  under  this 
Article.” 

(c) 

2. 

(7) 

The following Article 13a is inserted: 

“Article 13a 

1. 

By  way  of  derogation  from  Article  13(1),  the  competent  authorities  of  the 
Member States as identified on the websites listed in Annex III, may authorise, 
under such terms and conditions as they deem appropriate, the granting of any 
financial loan or credit to, the acquisition or extension of a participation in, or 
the creation of any joint venture with any Syrian person, entity or body referred 
to in Article 13(2)(a), provided that the following conditions are met: 

(a) 

the competent authority has consulted in advance the competent person, entity 
or  body  of  the  Syrian  National  Coalition  for  Opposition  and  Revolutionary 
Forces; 

(b) 

the competent authority has determined that: 

(i) 

the activities concerned are for the purpose of providing assistance to the 
Syrian civilian population, in particular in view of meeting humanitarian 
concerns,  assisting  in  the  provision  of  basic  services,  reconstruction  or 
restoring economic activity; 

(ii) 

the activities concerned are not, directly or indirectly, for the benefit of a 
person, entity or body referred to in Article 14;  

(iii) 

the activities concerned do not breach any of the prohibitions laid down 
in this Regulation; and 

the competent authority has required adequate safeguards against the misuse of 
the authorisation granted, including information concerning the purpose of, and 
the counterparts to the transaction. 

The  Member  State  concerned  shall  inform,  within  two  weeks,  the  other 
Member  States  and  the  Commission  of  any  authorisation  granted  under  this 
Article.” 

(c) 

2. 

(8) 

The following Article 25a is inserted: 

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“Article 25a 

1. 

By way of derogation from points (a) and (c) of Article 25(1), the competent 
authorities of the Member States as identified on the websites listed in Annex 
III, may authorise, under such terms and conditions as they deem appropriate, 
the  opening  of  a  new  bank  account  or  a  new  representative  office,  or  the 
establishment  of  a  new  branch  or  subsidiary,  provided  that  the  following 
conditions are met: 

(a) 

the competent authority has consulted in advance the competent person, entity 
or  body  of  the  Syrian  National  Coalition  for  Opposition  and  Revolutionary 
Forces; 

(b) 

the competent authority has determined that: 

(i) 

the activities concerned are for the purpose of providing assistance to the 
Syrian civilian population, in particular in view of meeting humanitarian 
concerns,  assisting  in  the  provision  of  basic  services,  reconstruction  or 
restoring economic activity; 

(ii) 

the activities concerned are not, directly or indirectly, for the benefit of a 
person, entity or body referred to in Article 14;  

(iii) 

the activities concerned do not breach any of the prohibitions laid down 
in this Regulation; and 

the competent authority has required adequate safeguards against the misuse of 
the authorisation granted, including information concerning the purpose of, and 
the counterparts to the activities concerned.  

The  Member  State  concerned  shall  inform,  within  two  weeks,  the  other 
Member  States  and  the  Commission  of  any  authorisation  granted  under  this 
Article.” 

(c) 

2. 

(9) 

Annex I is deleted. 

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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