CELEX: 52012JC0021
Language: en
Date: 2012-07-12
Title: Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 267/2012 concerning restrictive measures against Iran

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		52012JC0021
		
			Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 267/2012 concerning restrictive measures against Iran /* /2012/0021 final */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
(1)              
On 23 March 2012, the Council adopted Regulation
(EU) No 267/2012 which repealed and replaced Regulation (EU) No 961/2010.
(2)              
Where a Member State takes action in order to
ensure that legal obligations concerning the health and safety of workers and
environment protection are respected where cooperation with Iranian persons,
entity or body may be affected by this Regulation, in cases of urgency, a
Member State should be allowed to take such action without prior notification
provided that it notifies the other Member States and the Commission as soon as
possible afterwards.
(3)              
Where a Member State had granted a licence to
engage in the activities of exploitation of hydrocarbons to a designated (i.e.
listed in Annex IX whose assets shall be frozen) person, entity or body before
that person, entity or body was designated, the competent authority of that
Member State may authorise derogation from certain prohibitions provided for in
the Regulation where such derogation is needed to avoid environmental damage or
permanent destruction of the license’s value.
2012/0197 (NLE)
Joint Proposal for a
COUNCIL REGULATION
amending Regulation (EU) No 267/2012
concerning restrictive measures against Iran
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
2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran[1],
Having regard to the joint proposal from
the High Representative of the Union for Foreign Affairs and Security Policy
and the Commission,
Whereas:
(1)       Regulation (EU) No
267/2012[2]
gives effect to the measures provided for in Decision 2012/35/CFSP amending
Decision 2010/413/CFSP concerning restrictive measures against Iran[3]. 
(2)       In order to protect the
environment and the health and safety of workers, it is necessary to provide
that the competent authorities of Member States may take all action they deem
necessary to ensure that legal obligations concerning the health and safety of
workers and environment protection are respected. In cases of urgency, a Member
State should be allowed to take such action without prior notification provided
that it notifies the other Member States and the Commission as soon as possible
afterwards.
(3)       Where a Member State had
granted a license to engage in the activities of exploitation of hydrocarbons
to a designated person, entity or body before that person, entity or body was
designated, the competent authority of that Member State may authorise
derogation from certain prohibitions provided for in Regulation (EU) No
267/2012 where such derogation is needed to avoid environmental damage or
permanent destruction of the license’s value,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 267/2012 is amended as
follows:
(1)                   
Article 43 paragraph 3 is replaced by the
following:
“3. The Member State concerned shall notify the
other Member States and the Commission of the determination referred to in
paragraph 1 and its intention to grant an authorisation at least ten working
days prior to the authorisation. In case of threat to the environment and/or to
the health and safety of workers in the Union requiring urgent action, the
Member State concerned may grant an authorisation without prior notification
and shall notify the other Member States and the Commission within three
working days after having granted the authorisation.”
(2)                   
The following Article 43a is inserted:
" Article 43a
1. By way of derogation from Articles 8, 9, Article
17(1) as regards Iranian person, entity or body referred to in Article
17(2)(b), Article 23(2) and (3) so far as they refer to persons, entities and
bodies listed in Annex IX, Article 30 and 35, the competent authorities of a
Member State may authorise, under such conditions as they deem appropriate,
activities related to the exploration for, or exploitation of, hydrocarbons
within the Union undertaken pursuant to a licence for such exploration or
exploitation issued by a Member State to a person, entity or body listed in
Annex IX, if the following conditions are met:
(a)         
the licence for the exploration for, or
exploitation of, hydrocarbons within the Union was issued prior to the date on
which the person, entity or body listed in Annex IX was designated;
(b)         
the authorisation is necessary to avoid
environmental damage in the Union or to prevent permanent destruction of the
licence’s value, in case a Member State conducts temporary administrative
management of the licence and/or of the pipeline and infrastructure used in
connection with the licensed activity, on a temporary basis in accordance with
the applicable national legislation.
2. The derogation provided for in paragraph 1
shall only be granted for such period as necessary and its validity shall not
exceed the validity of the licence issued to the person, entity or body listed
in Annex IX. In case the competent authority considers that subrogation to
contracts or the provision of indemnities is necessary, the period of validity
of the derogation shall not exceed 5 years.
3. The Member State concerned shall notify the
other Member States and the Commission of its intention to grant an
authorisation at least ten working days prior to the authorisation. In case of
threat to the environment in the Union requiring urgent action to prevent
damage to the environment, the Member State concerned may grant an
authorisation without prior notification and shall notify the other Member
States and the Commission within three working days after having granted the
authorisation.”
(3)                   
Reference to Article 43a is added in the Title
of Annex X.
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]               OJ L 195, 27.7.2010. p. 39.
[2]               OJ L 88, 24.3.2012, p. 1.
[3]               OJ L 19, 24.1.2012, p. 22.