2011/523/EU: Council Decision of 2 September 2011 partially suspending the application of the Cooperation Agreement between the European Economic Community and the Syrian Arab Republic

3.9.2011

EN

Official Journal of the European Union

L 228/19

COUNCIL DECISION

of 2 September 2011

partially suspending the application of the Cooperation Agreement between the European

Economic Community and the Syrian Arab Republic

(2011/523/EU)

Council 17th Special Session on the ″Situation of human

rights in the Syrian Arab Republic ″ in which she recalled

that, in its report of 18 August, the fact-finding mission

to Syria requested by the Human Rights Council had

found a pattern of widespread or systematic human

rights violations by Syrian security and military forces,

including murder, enforced disappearances, torture,

deprivation of liberty, and persecution. The High

Commissioner considered that the scale and nature of

these acts may amount to crimes against humanity and

urged the members of the Security Council to consider

referring the current situation in Syria to the Inter­

national Criminal Court.

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European

Union, and in particular Article 207 in conjunction with

Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)

On the 18 January 1977, the European Economic

Community and the Syrian Arab Republic concluded

a Cooperation Agreement (1) ( ′the Cooperation

Agreement ′) to promote overall cooperation with a

view to strengthening relations between the Parties.

(2)

The Cooperation Agreement is based on the common

desire of the Parties to maintain and strengthen friendly

relations in accordance with the principles of the United

Nations Charter.

(3)

Pursuant to Article 3(5) of the Treaty on European

Union, in its relations with the wider world, the Union

is notably to contribute to peace, security and the

protection of human rights as well as to the strict

observance and the development of international law,

including respect for the principles of the United

Nations Charter.

(4)

Pursuant to Article 21(1) of the Treaty on European

Union, the Union's action on the international scene is

to be guided by the principles which have inspired its

own creation, development and enlargement, and which

it seeks to advance in the wider world: democracy, the

rule of law, the universality and indivisibility of human

rights and fundamental freedoms, respect for human

dignity, the principle of equality and solidarity, and

respect for the principles of the United Nations Charter

and international law.

(5)

Since March 2011, protests grew against specific abuses

of power by Syrian officials against the general backdrop

of growing economic and political discontent. Cautious

protests which began in marginalised regions developed

into a countrywide uprising. The Syrian authorities have

responded, and continue to respond, in a very violent

manner including by the shooting of peaceful protestors.

(6)

On 18 August 2011, the UN High Commissioner for

Human Rights issued a statement to the Human Rights

(1) OJ L 269, 27.9.1978, p. 2.

(7)

On the same day, the Union condemned the brutal

campaign being waged by Bashar Al-Assad and his

regime against their own people which had led to the

killing or injury of many Syrian citizens. The Union has

repeatedly emphasised that the brutal repression must be

stopped, detained protesters released, free access by inter­

national humanitarian and human rights organisations

and media allowed, and a genuine and inclusive

national dialogue launched. The Syrian leadership,

however, has remained defiant in the face of calls from

the Union and the broader international community.

(8)

On 23 August 2011, the Human Rights Council adopted

a Resolution on grave human rights violations in the

Syrian Arab Republic in which it strongly condemned

the continued grave human rights violations by the

Syrian authorities, reiterated its call upon the Syrian

authorities to comply with their obligations under inter­

national law, stressed the need for an international, trans­

parent, independent and prompt investigation into

alleged violations of international law, including actions

that may constitute crimes against humanity and to hold

those responsible to account, and decided to dispatch an

independent international commission of inquiry to

investigate violations of international human rights law

in Syria.

(9)

According to the Preamble of the Cooperation

Agreement, both Parties wished, by concluding the

Agreement, to demonstrate their common desire to

maintain and strengthen friendly relations in accordance

with the principles of the United Nations Charter. In the

current circumstances, the Union considers that the

current situation in Syria is in clear violation of the

principles of the United Nations Charter which constitute

the basis of the cooperation between Syria and the

Union.

(10)

Considering the extreme seriousness of the violations

perpetrated by Syria in breach of general international

law and the principles of the United Nations Charter,

the Union has decided to adopt additional restrictive

measures against the Syrian regime.

L 228/20

(11)

(12)

EN

Official Journal of the European Union

In this regard, the application of the Cooperation

Agreement should be partially suspended until the

Syrian authorities put an end to the systematic violations

of human rights and can again be considered as being in

compliance with general international law and the

principles which form the basis of the Cooperation

Agreement.

Considering that the suspension should aim at targeting

the Syrian authorities only and not the people of Syria,

the suspension should be limited. Since crude oil and

petroleum products are at present the products whose

trade most benefits the Syrian regime and which thus

supports its repressive policies, the suspension of

the Agreement should be limited to crude oil and

petroleum products,

3.9.2011

Syrian Arab Republic are suspended in so far as the measures

listed in the Annex to this Decision are concerned.

Article 2

This Decision shall be notified to the Syrian Arab Republic.

Article 3

This Decision shall enter into force on the day of its publication

in the Official Journal of the European Union.

Done at Brussels, 2 September 2011.

HAS ADOPTED THIS DECISION:

Article 1

Articles 12, 14 and 15 of the Cooperation Agreement

between the European Economic Community and the

For the Council

The President

M. DOWGIELEWICZ

3.9.2011

EN

Official Journal of the European Union

ANNEX

List of measures referred to in Article 1

(1) The importation of crude oil and petroleum products into the Union if they:

(a) originate in Syria; or

(b) have been exported from Syria;

(2) The purchase of crude oil or petroleum products which are located in or which originated in Syria;

(3) The transportation of crude oil or petroleum products if they originate in Syria, or are being exported from Syria to

any other country;

(4) The provision, directly or indirectly, financing or financial assistance, including financial derivatives , as well as

insurance and re-insurance, related to points (1), (2) and (3); and

(5) The participation, knowing and intentional, in activities whose object or effect is, directly or indirectly, to circumvent

the prohibitions set out in point (1), (2), (3) or (4).

L 228/21

قرار من مجلس الاتحاد الأوروبي بالتعليق الجزئي لاتفاقية التعاون بين الجماعة الاقتصادية الأوروبية وسورية فيما يخص واردات النفط ومشتقاته، ردًا على القمع.