CELEX: 52011PC0645
Language: en
Date: 2011-10-10
Title: Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria

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		52011PC0645
		
			Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria /* COM/2011/0645 final - 2011/0278 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
(1)              
On 9 May 2011, the Council adopted Regulation
(EU) No 442/2011 concerning restrictive measures in view of the situation in
Syria. 
(2)              
On 2 September 2011, the Council amended
Regulation (EU) No 442/2011 to extend the measures against Syria, including an
expansion of the listing criteria, and a prohibition on the purchase, import or
transportation of crude oil from Syria. On 23 September 2011, the Council
amended Regulation (EU) No 442/2011 extending further the measures against
Syria, to include a prohibition on investment in the crude oil sector, the
addition of further listings, and a prohibition of the delivery of Syrian
banknotes and coins to the Central Bank of Syria.
(3)              
The Council has now reached political agreement
on the adoption of additional measures, namely the listing of an additional
entity, together with a derogation permitting on a temporary basis the use of
frozen funds subsequently received by this entity in connection with the
financing of trade with non-designated persons and entities. 
(4)              
This measure falls within the scope of the
Treaty on the Functioning of the European Union and, therefore, notably with a
view to ensuring its uniform application by economic operators in all Member
States, regulatory action at the level of the Union is necessary in order to
implement it.
2011/0278 (NLE)
Joint Proposal for a
COUNCIL REGULATION
amending Regulation (EU) No 442/2011
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 2011/273/CFSP
concerning restrictive measures against Syria[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 9 May 2011, the Council adopted Regulation
(EU) No 442/2011[2] concerning restrictive
measures in view of the situation in Syria. 
(2)              
On 2 September 2011, the Council amended
Regulation (EU) No 442/2011 to extend the measures against Syria, including an
expansion of the listing criteria, and a prohibition on the purchase, import or
transportation of crude oil from Syria. On 23 September 2011, the Council again
amended Regulation (EU) No 442/2011 extending further the measures against
Syria, to include a prohibition on investment in the crude oil sector, the
addition of further listings, and a prohibition of the delivery of Syrian
banknotes and coins to the Central Bank of Syria.
(3)              
Council Decision 2011/[ ]/CFSP[3]
provides for an additional measure, namely the listing of an additional entity,
together with a derogation permitting, for a limited period, the use of frozen
funds subsequently received by this entity in connection with the financing of
trade with non-designated persons and entities. 
(4)              
This measure falls within the scope of the
Treaty on the Functioning of the European Union and, therefore, notably with a
view to ensuring its uniform application by economic operators in all Member
States, regulatory action at the level of the Union is necessary in order to
implement it.
(5)              
In order to ensure that the measure provided for
in this Regulation is effective, this Regulation must enter into force
immediately,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 442/2011 is amended as
follows:
(1)          In Articles 4(1), 4(2), 5(2),
5(3) and 6(1), the words “Annex II” shall be replaced by the words “Annexes II
and IIa.”
(2)          In Articles 7(a), 7(c), 9
and 14(1), the words “Annex II” shall be replaced with the words “Annex II or
Annex IIa”
(3)          Paragraph 1 of Article 5
is replaced by the following paragraph:
“1. Annexes II and IIa shall consist of the
following:
(a)         
Annex II shall consist of a list of natural or
legal persons, entities and bodies who, in accordance with Article 4(1) of
Decision 2011/273/CFSP, have been identified by the Council as being persons or
entities responsible for the violent repression against the civilian population
in Syria, and natural or legal persons and entities associated with them, and
to whom Article 9a shall not apply.”
(b)         
Annex IIa shall consist of a list of entities
who, in accordance with Article 4(1) of Decision 2011/273/CFSP, have been
identified by the Council as being entities associated with the persons or
entities responsible for the violent repression against the civilian population
in Syria, and to whom Article 9a shall apply.”
(4)          Paragraph 4 of Article 14
is replaced by the following paragraph:
“4. The lists in Annexes II and IIa shall be reviewed
at regular intervals and at least every 12 months.”
(5)          The following Article is
inserted:
“Article 9a
By way of derogation from Article 4(1), an
entity listed in Annex IIa may, for a period of 2 months from the date on which
it was designated, make a payment from frozen funds or economic resources which
were received by that entity after the date on which it was designated, provided
that:
(a)         
such payment is due under a trade contract; and
(b)         
the competent authority of the relevant Member
State has determined that the payment will not directly or indirectly be
received by a person or entity listed in Annex II or Annex IIa.”
Article 2
Annex I is inserted as Annex IIa to
Regulation (EU) No 442/2011.
Article 3
Annex II to Regulation (EU) No 442/2011 is amended
as set out in Annex II to this Regulation.
Article 4
Annex IV to Regulation (EU) No 442/2011 is
replaced by Annex III to this Regulation.
Article 5
This Regulation shall enter into force on
the day 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 I
“ANNEX
IIa
List of entities referred to in Articles
4 and 5 
[name to be added by the Council]
ANNEX II
In Annex II to Regulation (EU) No 442/2011,
the entries for Emad GHRAIWATI, Tarif AKHRAS and Issam ANBOUBA are replaced by
the following entries:
 Name || Identifying information (date of birth, place of birth...) || Reasons || Date of listing 
 Emad GHRAIWATI || DoB: March 1959; PoB: Damascus, Syria || President of the Damascus Chamber of Industry (Zuhair Ghraiwati Sons). Supports economically the Syrian regime. || 2.09.2011 
 Tarif AKHRAS || DoB: 1949; PoB: Homs, Syria || Founder of the Akhras Group (commodities, trading, processing and logistics), Homs. Supports economically the Syrian regime. || 2.09.2011 
 Issam ANBOUBA || DoB: 1949; PoB: Lattakia, Syria || President of Issam Anbouba Est. for agro-industry. Supports economically the Syrian regime. || 2.09.2011 
ANNEX III
“ANNEX
IV
List
of Petroleum Products 
HS Code         Description
2709 00           Petroleum oils and oils
obtained from bituminous minerals, crude: 
2710    Petroleum
oils and oils obtained from bituminous minerals, other than crude; preparations
not elsewhere specified or included, containing by weight 70 % or more of
petroleum oils or of oils obtained from bituminous minerals, these oils being
the basic constituents of the preparations; waste oils (save that the purchase,
in Syria, of kerosene jet fuel of CN code 2710 19 21 is not prohibited provided
that it is intended and used solely for the purpose of the continuation of the
flight operation of the aircraft into which it is loaded). 
2712    Petroleum
jelly; paraffin wax, microcrystalline petroleum wax, slack wax, ozokerite,
lignite wax, peat wax, other mineral waxes, and similar products obtained by
synthesis or by other processes, whether or not coloured.
2713    Petroleum
coke, petroleum bitumen and other residues of petroleum oils or of oils
obtained from bituminous minerals: 
2714    Bitumen
and asphalt, natural; bituminous or oil-shale and tar sands; asphaltites and
asphaltic rocks: 
2715 00
00      Bituminous mixtures based on natural asphalt, on natural bitumen, on
petroleum bitumen, on mineral tar or on mineral tar pitch (for example,
bituminous mastics, cut-backs)”
[1]               OJ L 121, 10.5.2011, p. 11.
[2]               OJ L 121, 10.5.2011, p. 1
[3]               OJ L …, ......2011, p. ….