Joint Proposal for a Council Regulation amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

COUNCIL OF

THE EUROPEAN UNION

Brussels, 11 March 2013

5128/13

Interinstitutional File:

2013/0079 (NLE)

PESC 18

RELEX 14

COARM 6

COMEM 5

FIN 11

PROPOSAL

from:

dated:

No Cion doc.:

Subject:

Commission/High Representative

11 March 2013

JOIN(2013) 2 final

Joint Proposal for a Council Regulation amending Regulation (EU) No

36/2012 concerning restrictive measures in view of the situation in Syria

Delegations will find attached a joint proposal from the Commission and the High Representative of

the EU for Foreign Affairs and Security Policy, submitted under a covering letter from Mr Jordi

AYET PUIGARNAU, Director, to Mr Uwe CORSEPIUS, Secretary-General of the Council of the

European Union.

________________________

Encl.: JOIN(2013) 2 final

5128/13

DG C 1C

MC/aa

1

EN

EUROPEAN

COMMISSION

HIGH REPRESENTATIVE OF THE

EUROPEAN UNION FOR

FOREIGN AFFAIRS AND

SECURITY POLICY

Brussels, 8.3.2013

JOIN(2013) 2 final

2013/0079 (NLE)

Joint Proposal for a

COUNCIL REGULATION

amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the

situation in Syria

EN

EN

EXPLANATORY MEMORANDUM

(1)

On 28 February 2013, the Council adopted Decision 2013/109/CFSP amending

Decision 2012/739/CFSP concerning restrictive measures against Syria. 1 This

amended the scope of the derogations for the arms embargo, and related technical

assistance.

(2)

The prohibitions related to technical assistance are implemented at the level of the

Union by Council Regulation (EU) No 36/2012. It is necessary to update Council

Regulation (EU) No 36/2012 accordingly.

(3)

Further action by the Union is needed in order to implement these measures.

1

EN

OJ L 28, 1.3.2013, p8

2

EN

2013/0079 (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 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 2 in order to give effect to Council

Decision 2011/782/CFSP of 1 December 2011 concerning restrictive measures against

Syria. 3 Decision 2012/739/CFSP repealed and replaced Decision 2011/782/CFSP.

(2)

Council Decision 2013/109/CFSP of 28 February 2013 amending Decision

2012/739/CFSP concerning restrictive measures against Syria 4 includes additional

derogations in relation to the provision of technical assistance.

(3)

Those measures fall within the scope of the Treaty on the Functioning of the European

Union and regulatory action at the level of the Union is therefore necessary in order to

implement them, in particular with a view to ensuring their uniform application by

economic operators in all Member States.

(4)

Regulation (EU) No 36/2012 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) No 36/2012 is amended as follows:

Article 3(2) is replaced by the following:

2

3

4

EN

OJ L 16, 19.1.2012, p. 1.

OJ L 319, 2.12.2011, p 56.

OJ L 58, 1.3.2013, p. 8.

3

EN

"By way of derogation from paragraph 1, the prohibitions referred to therein shall not apply to

the provision of technical assistance, financing and financial assistance related to:

–

technical assistance intended solely for the support of the United Nations

Disengagement Observer Force (UNDOF),

–

non-lethal military equipment, or of equipment which might be used for internal

repression, intended for humanitarian purposes or protective use or for the protection

of civilians, or for institution building programmes of the UN and the Union, or for

Union or UN crisis management operations, or for the Syrian National Coalition for

Opposition and Revolutionary Forces intended for the protection of civilians;

–

non-combat vehicles which have been manufactured or fitted with materials to

provide ballistic protection, intended solely for the protective use of personnel of the

Union and its Member States in Syria, or for the Syrian National Coalition for

Opposition and Revolutionary Forces intended for the protection of civilians;

–

technical assistance, brokering services and other services for the Syrian National

Coalition for Opposition and Revolutionary Forces intended for the protection of

civilians,

provided that such provision shall first have been approved by the competent authority of a

Member State, as identified on the websites listed in Annex III."

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

EN

4

EN

اقتراح مشترك من المفوضية والممثلة العليا للائحة تعدّل عقوبات سورية، لتنفيذ تعديلات قرار المجلس 2013/109.