CELEX: 52014JC0037
Language: en
Date: 2014-11-06
Title: 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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		52014JC0037
		
			Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria /* JOIN/2014/037 final - 2014/0323 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
(1)                   
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[1].
Council Decision 2012/739/CFSP[2]
repealed and replaced Decision 2011/782/CFSP.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. 
(2)                   
Council Decision 2014/XXX/CFSP of XXX amended
Council Decision 2013/255/CFSP to provide for further restrictive measures with
respect to Syria, in particular on jet fuel and certain fuel additives.
(3)                   
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.
2014/0323 (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 Syria[3],

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)       Council Regulation (EU) No
36/2012[4]
gives effect to most of the measures provided for in Decision 2013/255/CFSP.
(2)       On …November 2014 the
Council adopted Decision 2014/…/CFSP amending Decision 2013/255/CFSP to prevent
jet fuels and additives being sold, supplied, transferred or exported, whether
or not originating in the Union, to any person, entity or body in Syria, or for
use in Syria.
(3)       Furthermore, it should be
prohibited to provide financing or financial assistance, including financial
derivates, as well as insurance and reinsurance, to any person, entity or body
in Syria or for use in Syria with respect to the sale, supply, transfer or
export of jet fuels and additives in Syria, or for use in Syria.
(4)       It is necessary to provide
for a catch-all anti-circumvention clause, providing that it shall be
prohibited to participate, knowling and intentionally, in activities the object
or effect of which is to circumvent the provisions of this Regulation. 
(5)       These measure fall within
the scope of the Treaty and, therefore, in particular with a view to ensuring
its 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:
Article 1
Regulation (EU) No 36/2012 is amended as
follows:
 (1)       The following Article 8a is
inserted: 
“Article
8a
1. It shall be prohibited:
(a) to sell, supply, transfer or export,
directly or indirectly, jet fuel and fuel additives as identified in Annex VIII
to any person, entity or body in Syria, or for use in Syria; 
(b) to provide financing or financial
assistance, including financial derivatives, as well as insurance and
reinsurance related to the sale, supply, transfer or export of jet fuel and fuel
additives as identified in Annex VIII to any person, entity or body in Syria,
or for use in Syria;
(c) to provide brokering services with regard
to the sale, supply, transfer or export of jet fuel and fuel additives as
identified in Annex VIII to any person, entity or body in Syria, or for use in   Syria. 
2. Annex VIII shall include jet fuel and fuel additives
specifically formulated for kerosene jet fuel.
3. By way of derogation from paragraph 1, the
competent authorities in the Member States as identified on the websites listed
in Annex III may authorise, the sale, supply, transfer or export of jet fuel
and fuel additives as identified in Annex VIII to any person, entity or body in
Syria, or for use in Syria under such conditions as they deem appropriate,
having determined that the jet fuel and fuel additives are:
(a) necessary for delivery or facilitating the
delivery of assistance in Syria by the United Nations, or bodies acting on its
behalf, for humanitarian purposes such as delivering or facilitating the
delivery of assistance, including medical supplies, food or the transfer of
humanitarian workers and related assistance, or for evacuations from Syria or within
Syria;
(b) exclusively for the purposes of the
operation of civilian aircraft operating within Syria. 
4. The Member States concerned shall inform the
other Member States and the Commission within four weeks of authorisations
granted under this article.
5. The prohibition in paragraph 1 shall not
apply to jet fuel and fuel additives as listed in Annex VIII exclusively used by
civilian aircraft flying from or into airports within Syria or transiting through Syria.”
(2)        Article 27a is inserted: 
“Article
27a
1. It shall be prohibited to participate,
knowingly and intentionally, in activities the object or effect of which is to
circumvent the provisions of this Regulation.”
(3)        The Annex to this Regulation is
inserted as Annex VIII of Regulation (EU) No 36/2012.
Article 2
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
[1]           Council
Decision 2011/782/CFSP of 1 December 2011 concerning restrictive measures
against Syria 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).
[3]               OJ L 147, 1.6.2013, p. 14.
[4]               Council Regulation (EU) No 36/2012 of 18 January 2012
concerning restrictive measures in view of the situation in Syria and repealing
Regulation (EU) No 442/2011 (OJ L 16, 19.1.2012., p1).
"ANNEX VIII"
Jet fuel and fuel additives as referred
to in Article 8a
 No. || Description || CN Code 
 (1)              Anti-knock additives, eg. Tetra-ethyl Lead (TEL) anti-knock preparations based on tetraethyl-lead anti-knock preparations based on other lead compounds other anti-knock preparations  ||   3811 11 10 3811 11 90 3811 19 00 
 (2)              Oxidation inhibitors Oxidation inhibitors used in additives for lubricating oils: - oxidation inhibitors containing petroleum oils:                      - other oxidation inhibitors:     Oxidation inhibitors used for other liquids used for the same purpose as mineral oils: ||     3811 21 00 3811 29 00   3811 90 00 
 (3)              Static dissipater additives Static dissipater additives for lubricating oils: - containing petroleum oils:                                                     - other:                                                                                                 Static dissipater additives for other liquids used for the same purpose as mineral oils: ||     3811 21 00 3811 29 00   3811 90 00 
 (4)              Corrosion inhibitors Corrosion inhibitors for lubricating oils: - containing petroleum oils: - other: Corrosion inhibitors  for other liquids used for the same purpose as mineral oils:     ||     3811 21 00 3811 29 00   3811 90 00 
 (5)              Fuel system icing inhibitors (anti-icing additives) Fuel system icing inhibitors for lubricating oils: - containing petroleum oils:                                                                 - other:                                                                                     Fuel system icing inhibitors  for other liquids used for the same purpose as mineral oils: ||     38112100 38112900   38119000 
 (6)              Metal de-activators Metal de-activators for lubricating oils: - containing petroleum oils: - other: Metal de-activator for other liquids used for the same purpose as mineral oils: ||     3811 21 00 3811 29 00   3811 90 00 
 (7)              Biocide additives Biocide additives for lubricating oils: - containing petroleum oils:     - other:  Biocide additives for other liquids used for the same   purpose as mineral oils: ||     3811 21 00 3811 29 00   3811 90 00 
 (8)              Thermal stability improver additives Thermal stability improver for lubricating oils: - containing petroleum oils:     - other:  Thermal stability improver for other liquids used for the same purpose as mineral oils: ||     3811 21 00 3811 29 00   3811 90 00 
 (9)              jet fuel (other than kerosene): Spirit type jet fuel (light oils) Other than kerosene (medium oils)     ||   2710 12 70 2710 19 29 
 (10)          kerosene type jet fuel (medium oils) || 2710 19 21 
 (11)          kerosene type jet fuel blended with biodiesel[1] || 2710 20 90 
[1]               providing
it still contains 70% or more by weight of petroleum oils or bituminous mineral
oils