Council Decision 2013/760/CFSP of 13 December 2013 amending Decision 2013/255/CFSP concerning restrictive measures against Syria

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EN

Official Journal of the European Union

14.12.2013

COUNCIL DECISION 2013/760/CFSP

of 13 December 2013

amending Decision 2013/255/CFSP concerning restrictive measures against Syria

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in

particular Article 29 thereof,

Having regard to Council Decision 2013/255/CFSP of 31 May

2013 concerning restrictive measures against Syria (1),

Whereas:

(1)

On 31 May 2013, the Council adopted Decision

2013/255/CFSP.

(2)

It is necessary to introduce in Decision 2013/255/CFSP

exemptions enabling Member States to provide support

to the activities undertaken by the Organization for the

Prohibition of Chemical Weapons (OPCW) for the elim­

ination of the chemical weapons in Syria in accordance

with paragraph 10 of the United Nations (UN) Security

Council Resolution 2118(2013).

(3)

It is also necessary to apply restrictions to trade in goods

belonging to Syria's cultural heritage which have been

illegally removed from Syria with the objective of facili­

tating the safe return of those goods.

(4)

The exemption, under Decision 2013/255/CFSP, from

the asset freeze for humanitarian purposes should be

amended in order to facilitate the delivery of humani­

tarian assistance to Syria and to avoid the risk of misuse

of released funds or economic resources. In this context,

funds should be released to the UN for the purpose of

delivering assistance in Syria in accordance with the Syria

Humanitarian Assistance Response Plan (SHARP).

HAS ADOPTED THIS DECISION:

Article 1

Decision 2013/255/CFSP is hereby amended as follows:

(1) in Article 1, paragraph 3 is replaced by the following:

"3.

Paragraphs 1 and 2 shall not apply to the sale,

supply, transport or export of certain equipment, goods

and technology which might be used for internal repression

or for the manufacture and maintenance of products which

could be used for internal repression or to the provision of

related technical or financial assistance, where a Member

State determines on a case-by-case basis that they are

intended for:

(a) food, agricultural, medical or other humanitarian

purposes, or for the benefit of UN Personnel, or

personnel of the Union or its Member States; or

(b) activities undertaken in accordance with paragraph 10

of United Nations Security Council Resolution

2118(2013) and related decisions of the Executive

Council of the OPCW, consistent with the objective of

the Convention on the Prohibition of the Development,

Production, Stockpiling and Use of Chemical Weapons

and on their Destruction (Chemical Weapons

Convention) and after consultation with the OPCW.";

(2) in Article 3, the following paragraph is added:

(5)

In addition, it is necessary to add an exemption under

the asset freeze to allow the processing of payments by

or to a non-designated person or entity due in

connection with a specific trade contract for medical

supplies, food, shelter, sanitation or hygiene for civilian

use.

(6)

Further action by the Union is needed in order to

implement certain measures.

(7)

Decision 2013/255/CFSP should be amended accord­

ingly,

(1) OJ L 147, 1.6.2013, p.14.

"3.

Paragraphs 1 and 2 shall not apply to the import or

transport of chemical weapons or related material from

Syria or originating in Syria, undertaken in accordance

with paragraph 10 of UN Security Council Resolution

2118(2013) and related decisions of the Executive Council

of the OPCW, consistent with the objective of the Chemical

Weapons Convention.";

(3) the following Article is inserted:

"Article 13a

It shall be prohibited to import, export, transfer or provide

related brokering services for cultural property and other

items of archaeological, historical, cultural, rare scientific,

and religious importance which have been illegally

removed from Syria, or where reasonable suspicion exists

that they have been illegally removed from Syria, on or after

9 May 2011. The prohibition shall not apply if it is shown

that the cultural items are being safely returned to their

legitimate owners in Syria.

The Union shall take the necessary measures in order to

determine the relevant items to be covered by this Article.";

14.12.2013

EN

Official Journal of the European Union

(4) in Article 28(3), point (e) is replaced by the following:

"(e) necessary for humanitarian purposes, such as delivering

or facilitating the delivery of assistance, including

medical supplies, food, humanitarian workers and

related assistance, and provided that, in the case of

release of frozen funds or economic resources, the

funds or economic resources are released to the UN

for the purpose of delivering or facilitating the

delivery of assistance in Syria in accordance with the

Syria Humanitarian Assistance Response Plan

(SHARP).";

(5) in Article 28(3), the following point is added:

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funds or economic resources to or through the Commercial

Bank of Syria received from outside the Union after the date

of its designation where such transfer is related to a

payment by a non-designated financial institution due in

connection with a specific trade contract for medical

supplies, food, shelter, sanitation or hygiene for civilian

use, provided that the relevant Member State has deter­

mined, on a case-by-case basis, that the payment is not

directly or indirectly received by a person or entity

referred to in paragraph 1.".

Article 2

This Decision shall enter into force on the date of its

publication in the Official Journal of the European Union.

"(g) necessary for evacuations from Syria.";

(6) in Article 28, the following paragraph is added:

"12

Paragraphs 1 and 2 shall not apply to the transfer by

or through the Commercial Bank of Syria of funds or

economic resources received from outside the Union and

frozen after the date of its designation or to a transfer of

Done at Brussels, 13 December 2013.

For the Council

The President

V. MAZURONIS

قرار من مجلس الاتحاد الأوروبي يعدّل عقوبات سورية بإضافة استثناءات إنسانية، والسماح بتنفيذ عقود لتوريد مستلزمات طبية وغذائية للمدنيين.