Council Implementing Decision implementing Decision 2011/782/CFSP and Council Implementing Regulation concerning restrictive measures against Syria (I/A item note)

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COUNCIL OF Brussels, 18 January 2012

THE EUROPEAN UNION

5370/12

LIMITE

PESC 45

RELEX 29

COMEM 16

COARM 14

FIN 25

"V/A" ITEM NOTE

From : General Secretariat of the Council

To: COREPER/Council

Subject : - Council Implementing Decision implementing Decision 2011/782/CFSP

concerning restrictive measures against Syria

- Council Implementing Regulation implementing Article 33(1) of Regulation

(EU) No ..../2012 concerning restrictive measures in view of the situation in

Syria

1. On 1 December 2011, the Council adopted Decision 2011/782/CFSP concerning restrictive

measures against Syria. On the basis of that Decision, the Council adopted a Regulation

concerning restrictive measures in view of the situation in Syria on 18 January 2012.

2. On 23 October 2011, the European Council stated that the EU would impose further measures

against the Syrian regime as long as the repression of the civilian population continues. In

view of the gravity of the situation in Syria, additional persons should be included in the list

of persons and entities subject to restrictive measures.

5370/12 MC/aa 1

DG K Coord LIMITE EN

3. On 17 January 2012, the "Mashraq/Maghreb" Working Party (MaMa) agreed on a list of

additional persons and entities that should be subject to the restrictive measures. On

17 January 2012, the Foreign Relations Counsellors Working Party (RELEX) agreed on a

draft Council Implementing Decision implementing Decision 201 1/782/CFSP concerning

restrictive measures against Syria and on a draft Council Implementing Regulation

implementing the Regulation adopted on 18 January concerning restrictive measures in view

of the situation in Syria. The purpose of those drafts is to implement the additional

designations as agreed by MaMa.

4. In these circumstances, COREPER is invited to:

- confirm the agreement on the draft Council Implementing Decision;

- decide to publish the above-mentioned Council Implementing Decision in the Official

Journal;

- recommend to the Council to adopt the Council Implementing Decision concerning

restrictive measures against Syria as set out, after finalisation of the text by the

legal/linguistic experts, in document 5357/12 PESC 42 COMEM 14 COARM 12 FIN

23 OC 11 + ADD | RESTREINT UE;

- confirm the agreement on the draft Council Implementing Regulation;

- recommend to the Council to adopt the Council Implementing Regulation concerning

restrictive measures in view of the situation in Syria as set out, after finalisation of the

text by the legal/linguistic experts, in document 5359/12 PESC 43 RELEX 28 COMEM

15 COARM 13 FIN 24 OC 12 + ADD 1 RESTREINT UE;

- recommend to the Council to approve the general template for a letter to be sent to the

persons or entities whose address is available, as set out in Annex I to this note;

- recommend to the Council to approve the notice to be published in the Official Journal

("C" series), as set out in Annex II to this note.

5370/12 MC/aa 2

DG K Coord LIMITE EN

ANNEX I

(Letter to persons and entities designated by the EU whose addresses are available - General

template)

This is to inform you that the Council of the European Union has decided that you [your company]

should be included in the list of persons and entities subject to restrictive measures in the Annex I to

Council Decision 201 1/782/CFSP, as implemented by Council Implementing Decision

2012/xx/CFSP, and in Annex II to Council Regulation (EU) No xx/2012, as amended by Council

Implementing Regulation (EU) No xx/2012 concerning restrictive measures against Syria. The

grounds for your designation appear in the relevant entries in those Annexes.

A copy of the Council Implementing Decision and of the Council Implementing Regulation

including you [your company ] on the abovementioned list is enclosed herewith.

Your attention is drawn to the possibility of making an application to the competent authorities of

the relevant Member State(s) as indicated in the websites in Annex III to Council Regulation (EU)

No x/2012, in order to obtain an authorisation to use frozen funds for basic needs or specific

payments (cf. Article 16 of the Regulation).

Your attention is drawn to the possibility of submitting a request to the Council, together with

supporting documentation that the decision to include you [your company] on the abovementioned

list should be reconsidered. Any such request should be sent to the following address:

Council of the European Union

General Secretariat

DG K Coordination

Rue de la Loi 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIE

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ANNEX I DG K Coord LIMITE EN

Finally, your attention is also drawn to the possibility of challenging the Council's decision before

the General Court of the European Union, in accordance with the conditions laid down in Article

275, 2™ paragraph, and Article 263, 4" and 6" paragraphs, of the Treaty on the Functioning of the

European Union.

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ANNEX I DG K Coord LIMITE EN

ANNEX II

(Notice to be published in the Official Journal)

Notice for the attention of the persons and entities to which restrictive measures provided

for in Council Decision 2011/782/CFSP, as implemented by Council Implementing Decision

2012/°[number|/CFSP*, and in Council Regulation (EU) No °[aumber|/2012***, as

implemented by Council Implementing Regulation No °[number|/2012"* concerning

restrictive measures against Syria apply

Council of the European Union

The following information is brought to the attention of the persons and entities that appear in

Annex I to Council Decision 201 1/782/CFSP, as implemented by Council Implementing Decision

2012/{number|/CFSP", and in Annex II to Council Regulation (EU) No °{number/2012"**, as

implemented by Council Implementing Regulation (EU) No °fnumber\/2012"* concerning

restrictive measures against Syria.

The Council of the European Union has decided that the persons and entities that appear in the

above-mentioned Annexes should be included in the list of persons and entities subject to restrictive

measures provided for in Council Decision 2011/782/CFSP and in Council Regulation (EU)

No ®fnumber|/2012*** concerning restrictive measures against Syria. The grounds for designations

of those person and entities appear in the relevant entries in those Annexes.

* OJ: please insert number and publication details for Decision in document 5357/12.

** OJ: please insert number and publication details for Regulation in document 5359/12.

“+ OJ: please insert number and publication details for Regulation in document 18384/1/11 REV

1.

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ANNEX II DG K Coord LIMITE EN

The attention of the persons and entities concerned is drawn to the possibility of making an

application to the competent authorities of the relevant Member State(s) as indicated in the

web-sites in Annex III to Council Regulation (EU) No °[number/2012**, in order to obtain an

authorisation to use frozen funds for basic needs or specific payments (cf. Article 16 of the

Regulation).

The persons and entities concerned may submit a request to the Council, together with supporting

documentation, that the decision to include them on the above-mentioned list should be

reconsidered, to the following address:

Council of the European Union

General Secretariat

DG K Coordination

Rue de la Loi 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIE

The attention of the persons and entities concerned is also drawn to the possibility of challenging

the Council's decision before the General Court of the European Union, in accordance with the

conditions laid down in Article 275, 2 paragraph, and Article 263, 4" and 6" paragraphs, of the

Treaty on the Functioning of the European Union.

++ OJ: please insert number and publication details for Regulation in document 18384/1/11 REV

L.

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ANNEX II DG K Coord LIMITE EN

مذكرة بند من الأمانة العامة لمجلس الاتحاد الأوروبي حول مشروعي قرار تنفيذي ولائحة تنفيذية لإضافة أشخاص وكيانات إلى عقوبات سورية.