CELEX: 52013JC0032
Language: en
Date: 2014-01-07
Title: Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 267/2012 concerning restrictive measures against Iran

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		52013JC0032
		
			Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 267/2012 concerning restrictive measures against Iran /* JOIN/2013/032 final - 2013/0452 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
(1)              
Council Regulation (EU) No 267/2012 of 23 March
2012 concerning restrictive measures against Iran gives effect to the measures
provided for in Decision 2010/413/CFSP.
(2)              
On 24 November 2013, China, France, Germany, the  Russian Federation, the United Kingdom and the United States, supported by the
High Representative of the European Union for Foreign Affairs and Security
Policy reached an agreement with Iran on a Joint Plan of Action which sets out
an approach towards reaching a long-term comprehensive solution to the Iranian
nuclear issue. It was agreed that the process leading to this comprehensive
solution would include, as a first step, initial mutually-agreed measures to be
taken by both sides for a duration of six months, renewable by mutual consent.
(3)              
As part of this first step, Iran would undertake a number of voluntary measures as specified in the Joint Plan of
Action. In return the E3/EU+3 would undertake a number of voluntary measures
which would include the EU temporary suspension of the following restrictive
measures:
–              
the prohibition on the provision of insurance
and reinsurance and transport for Iranian crude oil.
–              
the prohibition on the import, purchase or
transport of Iranian petrochemical products and on the provision of related
services.
–              
the prohibition on trade in gold and precious
metals with the Government of Iran, its public bodies and the Central Bank of
Iran, or persons and entities acting on their behalf. 
(4)              
Furthermore, the Joint Plan of Action also
foresees the increase by tenfold of the authorisation thresholds in relation to
the transfers of funds to and from Iran.
(5)              
Further action by the Union is needed in order
to implement these measures.
(6)              
The High Representative of the Union for Foreign
Affairs and Security Policy and the European Commission propose to amend
Regulation (EU) No 267/2012 accordingly.
2013/0452 (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 and repealing Common Position 2007/140/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)       Council Regulation (EU) No
267/2012[2]
gives effect to the measures provided for in Decision 2010/413/CFSP.
(2)       On 24 November 2013,
China, France, Germany, the Russian Federation, the United Kingdom and the
United States of America (‘the E3/EU+3’), supported by the High Representative
of the European Union for Foreign Affairs and Security Policy, reached an
agreement with Iran on a Joint Plan of Action which sets out an approach
towards reaching a long-term comprehensive solution to the Iranian nuclear
issue. It was agreed that the process leading to this comprehensive solution
would include as a first step initial mutually-agreed measures to be taken by
both sides for a duration of six months, renewable by mutual consent. 
(3)       As part of this first
step, Iran would undertake a number of voluntary measures as specified in the
Joint Plan of Action. In return the E3/EU+3 would undertake a number of
voluntary measures which would include the EU temporary suspension of the
following restrictive measures:
–              
the prohibition on the provision of insurance
and reinsurance and transport for Iranian crude oil,
–              
the prohibition on the import, purchase or
transport of Iranian petrochemical products and on the provision of related
services,
–              
the prohibition on trade in gold and precious
metals with the Government of Iran, its public bodies and the Central Bank of
Iran, or persons and entities acting on their behalf. 
(4)       Furthermore, the Joint
Plan of Action also foresees the increase by tenfold of the authorisation
thresholds in relation to the transfers of funds to and from Iran.
(5)       These measures fall within
the scope of the Treaty and regulatory action at the level of the Union is therefore necessary in order to implement it, in particular with a view to
ensuring its uniform application by economic operators in all Member States.
(6)       Regulation (EU) No 267/2012
should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 267/2012 is amended as
follows:
(1)                   
In Article 11, the following paragraphs 3 and 4
are added:
‘3. The application of the prohibition in
paragraph 1 point (c) shall be suspended as regards products listed in Annex XI.
4. The application of the prohibition in
paragraph 1 (d) shall be suspended insofar as it concerns the provision of
insurance and reinsurance related to the import, purchase or transport of products
listed in Annex XI.’
(2)                   
In Article 13, the following paragraph 3 is added:
‘3. The application of the prohibitions in
paragraph 1 (a), (b), (c) and (d) shall be suspended.’
(3)                   
In Article 15, the following paragraph 3 is added:
‘3. The application of the prohibitions in
paragraph 1 (a), (b) and (c) shall be suspended as regards products listed in
Annex XII.’
(4)                   
The following Article 28b is inserted:
‘Article 28b
1. By way of derogation from Article 23 (2) and
(3), the competent authorities may authorise, under such conditions as they
deem appropriate, the release of economic resources or the making available of
funds or economic resources, directly or indirectly, to the Ministry of
Petroleum, as listed in Annex IX, after having determined that the funds or
economic resources are necessary for the execution of contracts for import,
purchase or transport of petrochemical products, as listed in Annex V, that
originate in Iran or have been imported from Iran.
2. The Members State concerned shall inform the
other Member States and the Commission, within 4 weeks, of authorisations
granted under this Article.’
(5)                   
Article 30 is amended as follows:
(a)         
in paragraph 3 (a): 
(i) the reference to ‘EUR 100 000’ is
replaced by ‘EUR 1 000 000’;
(ii) the reference to ‘EUR 40 000’ is replaced
by ‘EUR 400 000’;
(b)         
in paragraph 3 (b): 
(i) the reference to ‘EUR 100 000’ is
replaced by ‘EUR 1 000 000’;
(ii) the reference to ‘EUR 40 000’ is replaced
by ‘EUR 400 000’;
(c)         
in paragraph 3 (c) the reference to
‘EUR 10 000’ is replaced by ‘EUR 100 000’.
(6)                   
Article 30a is amended as follows:
(a)         
in paragraph 1 (b), the reference to
‘EUR 40 000’ is replaced by ‘EUR 400 000’;
(b)         
in paragraph 1 (c), the reference to
‘EUR 40 000’ is replaced by ‘EUR 400 000’.
(7)                   
In Article 37b, the following paragraph 3 is added:
‘3. The application
of the prohibition in paragraph 1 shall be suspended.’
(8)                   
Annex I and Annex II to this Regulation are
added as Annexes XI and XII respectively.
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]               Council Regulation (EU) No 267/2012 of 23March 2012
concerning restrictive measures against Iran and repealing Regulation (EU) No
961/2010 (OJ L 88, 24.3.2012, p. 1).
ANNEX I
“ANNEX XI
List of goods referred to in Article 11(3)
 HS code || Description 
 2709 00 || Petroleum oils and oils obtained from bituminous minerals, crude”   
ANNEX
II
“ANNEX XII
List of goods referred to in Article 15(3)
 HS code || Description 
 7106 || Silver (including silver plated with gold or platinum), unwrought or in semi-manufactured forms, or in powder form 
 7108 || Gold (including gold plated with platinum), unwrought or in semi-manufactured forms, or in powder form 
 7109 || Base metals or silver, clad with gold, not further worked than semi-manufactured 
 7110 || Platinum, unwrought or in semi-manufactured forms, or in powder form 
 7111 || Base metals, silver or gold, clad with platinum, not further worked than semi-manufactured 
 7112 || Waste and scrap of precious metal or of metal clad with precious metal; other waste and scrap containing precious metal or precious-metal compounds, of a kind used principally for the recovery of precious metal”