CELEX: 52012JC0037
Language: en
Date: 2012-12-18
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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		52012JC0037
		
			Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria /* JOIN/2012/037 final - 2012/0368 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
(1)                   
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. 
(2)                   
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November 2012 which repealed and replaced Council Decision 2011/782/CFSP of 1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. 
(3)                   
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.
(4)                   
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. 
(5)                   
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. 
(6)                   
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. 
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/CFSP[1],
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)              
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[2]
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]

(2)              
On 29 November 2012, the Council approved Decision
2012/739/CFSP which repealed and replaced Council Decision 2011/782/CFSP of 1
December 2011. 
(3)              
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. 
(4)              
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.
(5)              
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 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:
"Article 3a
It shall be prohibited:
(a)         
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; 
(b)         
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)         
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;
(b)         
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;
(c)         
the decision is not for the benefit of a natural
or legal person, entity or body listed in Annex II or IIa;
(d)         
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:
"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
ANNEX
"ANNEX
III
LIST
OF COMPETENT AUTHORITIES IN THE MEMBER STATES AND ADDRESS FOR NOTIFICATIONS TO
THE EUROPEAN COMMISSION 
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.html
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/
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/mednarodna_varnost/omejevalni_ukrepi/

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"
[1]               OJ L 330, 30.11.2012, p. 21.
[2]               OJ L 16, 19.1.2012, p. 1.
[3]               OJ L 319, 2.12.2011, p56.