Council Regulation (EU) 2016/2137 of 6 December 2016 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

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REGULATIONS

COUNCIL REGULATION (EU) 2016/2137

of 6 December 2016

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 Council Decision 2013/255/CFSP of 31 May 2013 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)

Council Regulation (EU) No 36/2012 (2) gives effect to measures provided for in Decision 2013/255/CFSP.

(2)

On 6 December 2016, the Council adopted Decision (CFSP) 2016/2144 (3),which provides for amendments to

allow for the purchase and transport of oil and petroleum products and the related provision of financing or

financial assistance in Syria by clearly defined categories of persons and entities for the sole purpose of providing

humanitarian relief or assistance to the civilian population in Syria. That Decision also amends the relevant

associated exceptions to the restrictions on the freezing of funds and economic resources.

(3)

This measure falls within the scope of the Treaty on the Functioning of the European Union and, therefore, in

particular with a view to ensuring uniform application of the measure by economic operators in all Member

States, regulatory action at the level of the Union is necessary in order to implement it.

(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:

(1) Article 6 is amended as follows:

(a) point (d) is replaced by the following:

‘(d) to provide, directly or indirectly, financing or financial assistance, including financial derivatives, as well as

insurance and re-insurance, related to the prohibitions set out in point (a);’;

(b) the following point is inserted:

‘(da) to provide, directly or indirectly, financing or financial assistance, including financial derivatives, as well as

insurance and re-insurance, related to the prohibitions set out in points (b) and (c); and’;

(c) point (e) is replaced by the following:

‘(e) to participate, knowingly and intentionally, in activities whose object or effect is, directly or indirectly, to

circumvent the prohibitions set out in points (a), (b), (c), (d) or (da).’;

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

(2) Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing

Regulation (EU) No 442/2011 (OJ L 16, 19.1.2012, p. 1).

(3) Council Decision (CFSP) 2016/2144 of 6 December 2016 amending Decision 2013/255/CFSP concerning restrictive measures against

Syria (see page 22 of this Official Journal).

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(2) Article 6a is replaced by the following:

‘Article 6a

1.

The prohibitions set out in points (b), (c) and (e) of Article 6 shall not apply to the purchase or transport in

Syria of petroleum products or to the related provision of financing or financial assistance by public bodies or by

legal persons, entities or bodies which receive public funding from the Union or Member States to provide

humanitarian relief or assistance to the civilian population in Syria, provided that such products are purchased or

transported for the sole purposes of providing humanitarian relief in Syria or assistance to the civilian population

in Syria.

2.

By way of derogation from points (b), (c) and (e) of Article 6, in cases not covered by paragraph 1 of this

Article, the competent authority of a Member State, as identified on the website listed in Annex III, may authorise

the purchase and transport in Syria of petroleum products or the provision of related financing or financial

assistance, under the general and specific terms and conditions it deems appropriate provided that such purchase

and transport:

(a) are for the sole purpose of providing humanitarian relief in Syria or assistance to the civilian population in

Syria; and

(b) do not breach any of the prohibitions laid down in this Regulation.

The Member State concerned shall inform the other Member States and the Commission of any authorisation

granted under this paragraph within two weeks of any authorisation granted. The notification shall contain details

about the authorised legal person, entity or body and about its humanitarian activities in Syria.

3.

Nothing in this Article shall affect compliance with Council Regulation (EC) No 2580/2001 (*), with Council

Regulation (EC) No 881/2002 (**) or with Council Regulation (EU) 2016/1686 (***).

(*) Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed

against certain persons and entities with a view to combating terrorism (OJ L 344, 28.12.2001, p. 70).

(**) Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed

against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations(OJ L 139,

29.5.2002, p. 9).

(***) Council Regulation (EU) 2016/1686 of 20 September 2016 imposing additional restrictive measures directed

against ISIL (Da'esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them

(OJ L 255, 21.9.2016, p. 1).’;

(3) the following Article is inserted:

‘Article 6b

The prohibitions set out in points (b), (c) and (e) of Article 6 shall not apply to the purchase or transport in Syria

of petroleum products or the related provision of financing or financial assistance by a diplomatic or consular

mission, where such products are purchased or transported for official purposes of the mission.’;

(4) in Article 16, point (e) is replaced by the following:

‘(e) in cases not covered by Article 16b, to be paid into or from an account of a diplomatic or consular mission or

an international organisation enjoying immunities in accordance with international law, insofar as such

payments are intended to be used for official purposes of the diplomatic or consular mission or international

organisation;’;

(5) in Article 16, point (f) is deleted;

(6) Article 16a is replaced by the following:

‘Article 16a

1.

The prohibition set out in Article 14(2) shall not apply to funds or economic resources made available by

public bodies or by legal persons, entities or bodies which receive public funding from the Union or Member States

to provide humanitarian relief in Syria or assistance to the civilian population in Syria where the provision of such

funds or economic resources is in accordance with Article 6a(1).

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2.

In cases not covered by paragraph 1 of this Article, and by way of derogation from Article 14(2), the

competent authority of the Member States, as identified on the websites listed in Annex III, may authorise the

making available of certain funds or economic resources, under the general and specific terms and conditions it

deems appropriate, provided that the funds or economic resources are necessary for the sole purpose of providing

humanitarian relief in Syria or assistance to the civilian population in Syria.

3.

By way of derogation from Article 14(1), the competent authority of the Member State, as identified on the

websites listed in Annex III, may authorise the release of certain frozen funds or economic resources, under the

general and specific terms and conditions it deems appropriate, provided that:

(a) the funds or economic resources are necessary for the sole purpose of providing humanitarian relief in Syria or

assistance to the civilian population in Syria; and

(b) 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 Syrian Humanitarian Response Plan or any successor plan

coordinated by the UN.

4.

The Member State concerned shall inform the other Member States and the Commission of any authorisation

granted under paragraphs 2 and 3 of this Article within two weeks of any authorisation granted.’;

(7) the following Article is inserted:

‘Article 16b

The prohibition set out in Article 14(2) shall not apply to funds or economic resources made available from the

account of a diplomatic or consular mission where the provision of such funds or economic resources is for official

purposes of the mission in accordance with Article 6b.’;

(8) Annex IV is replaced by the Annex to this Regulation.

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, 6 December 2016.

For the Council

The President

P. KAŽIMÍR

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ANNEX

‘ANNEX IV

LIST OF “CRUDE OIL AND PETROLEUM PRODUCTS” REFERRED TO IN ARTICLE 6

Part A

CRUDE OIL

HS Code

Description

2709 00

Petroleum oils and oils obtained from bituminous minerals, crude.

Part B

PETROLEUM PRODUCTS

HS Code

Description

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 ob­

tained 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 opera­

tion 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).’

لائحة من مجلس الاتحاد الأوروبي بتعديل أحكام اللائحة 36/2012 الخاصة بالعقوبات على سورية.