Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria 
Date: 2013-11-28
Institutions: European Commission, High Representative of the Union
Subjects: Syria, economic sanctions, international sanctions

EUROPEAN 
COMMISSION 

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

Brussels, 28.11.2013  
JOIN(2013) 28 final 

2013/0417 (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) 

EXPLANATORY MEMORANDUM 

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/CFSP1. Council Decision 2012/739/CFSP2 repealed and replaced Decision 
2011/782/CFSP. On 1 June 2013 Decision 2012/739/CFSP expired. It was succeeded 
by Decision 2013/255/CFSP which applies until 1 June 2014. 

It  is  necessary  to  clarify  that  derogation  from  the  freezing  of  funds  or  economic 
resources  necessary  for  humanitarian  assistance  should  only  be  granted  if  funds  or 
economic resources are released to the United Nations for the purpose of delivering 
such assistance in accordance with the UN Syria Humanitarian Assistance Response 
Plan. When considering requests for authorisation, competent authorities should take 
into  account  the  humanitarian  principles  as  set  out  in  the  European  Consensus  on 
Humanitarian Aid. 

It is also necessary to provide for derogation  from  the prohibition of financing and 
financial  assistance  related  to  activities  undertaken  by  the  Organisation  for  the 
Prohibition  of  Chemical  Weapons  (OPCW)  in  accordance  with  paragraph  10  of 
United Nations Security Council Resolution 2118(2013). 

It  is  also  necessary  to  provide  for  a  prohibition  with  regard  to  goods  constituting 
Syrian  cultural  heritage  which  have  been  illegally  removed  from  Syria  with  the 
objective of facilitating the safe return of these goods to their legitimate owners. 

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

Council  Decision  2011/782/CFSP  of  1  December  2011  concerning  restrictive  measures  against  Syria 

1 
and repealing Decision 2011/273/CFSP (OJ L 319, 2.12.2011, p. 56). 
2 

Council Decision 2012/739/CFSP of 29 November 2012 concerning restrictive measures against Syria 
and repealing Decision 2011/782/CFSP (OJ L 330, 30.11.2012, p. 21). 

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2013/0417 (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  2013/255/CFSP  of  31  May  2013  concerning  restrictive 
measures against Syria3,  

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) 

On  …December  2013  the  Council  adopted  Decision  2013/…/CFSP  amending 
Decision 2013/255/CFSP. 

Derogation  from  the  prohibition  of  financing  and  financial  assistance  relating  to 
certain goods and technology should be provided with regard to activities undertaken 
by the Organisation for the Prohibition of Chemical Weapons (OPCW) in accordance 
with paragraph 10 of United Nations Security Council Resolution 2118(2013). 

It  is  necessary  to  provide  for  additional  restrictive  measures  in  order  to  facilitate  the 
safe  return  to  their  legitimate  owners  of  goods  constituting  Syrian  cultural  heritage 
which have been illegally removed from Syria.  

Derogation  from  the  freezing  of  funds  or  economic  resources  necessary  for 
humanitarian  assistance  should  only  be  granted  if  funds  or  economic  resources  are 
released  to  the  United  Nations  for  the  purpose  of  delivering  such  assistance  in 
accordance  with  the  UN  Syria  Humanitarian  Assistance  Response  Plan.  When 
considering requests for authorisation, competent authorities should take into account 
the  humanitarian  principles  as  set  out  in  the  European  Consensus  on  Humanitarian 
Aid.               

(5) 

Those measures fall within the scope of the Treaty 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.  

(6) 

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

HAS ADOPTED THIS REGULATION: 

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

Article 1 

3 

OJ L 147, 1.6.2013, p. 14. 

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(1) 

The following Article 3b is inserted: 

“Article 3b 

Article 3a shall not apply to the provision of financing or financial assistance related 
to the import or transport of chemical weapons identified by the Director-General of 
the Organisation for the Prohibition of Chemical Weapons (OPCW), consistent with 
the objective of the Convention on the Prohibition of the Development, Production, 
Stockpiling  and  Use  of  Chemical  Weapons  and  on  their  Destruction  (Chemical 
Weapons  Convention),  undertaken  in  accordance  with  paragraph  10  of  United 
Nations Security Council Resolution 2118(2013).” 

(2) 

The following Article 11c is inserted: 

“Article 11c 

1.  It  shall  be  prohibited  to  import,  export,  transfer,  or  provide  brokering  services 
related  to  import,  export  or  transfer  of,  Syrian  cultural  property  goods  and  other 
goods  of  archaeological,  historical,  cultural,  rare  scientific  or  religious  importance, 
including those listed in Annex XI, if they have been illegally removed from Syria, 
in particular, if:  

(i)  the  goods  form  an  integral  part  of  either  the  public  collections  listed  in  the 
inventories of Syrian museums, archives or libraries' conservation collection, or the 
inventories of Syrian religious institutions, or  

(ii) there exist reasonable grounds to suspect that the goods have been removed from 
Syria without the consent of their legitimate owner or have been removed in breach 
of  Syrian  law  or  UN  Convention  Concerning  the  Protection  of  the  World  Cultural 
and Natural Heritage.  

2. The prohibition in paragraph 1 shall not apply if it is demonstrated that the goods 
are  being  returned  to  Syria  with  the  objective  of  safe  return  to  their  legitimate 
owners.” 

(3) 

In Article 16, paragraph (f) is replaced by the following: 

“(f) necessary for humanitarian purposes, such as delivering or facilitating the delivery 
of  assistance,  including  medical  supplies,  food,  humanitarian  workers  and  related 
assistance,  and  provided  that  the  funds  or  economic  resources  are  released  to  the 
United Nations for the purpose of delivering or facilitating the delivery of assistance in 
Syria  in  accordance  with  the  UN  Syria  Humanitarian  Assistance  Response  Plan,  or 
evacuations from Syria;” 

(4) 

The Annex to this Regulation is added as Annex XI. 

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. 

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Done at Brussels, 

For the Council 
The President 

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