Council Regulation (EU) No 878/2011 of 2 September 2011 amending Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria

3.9.2011

EN

Official Journal of the European Union

L 228/1

II

(Non-legislative acts)

REGULATIONS

COUNCIL REGULATION (EU) No 878/2011

of 2 September 2011

amending Regulation (EU) No 442/2011 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 2011/273/CFSP of 9 May

2011 concerning restrictive measures against Syria (1), adopted

in accordance with Chapter 2 of Title V of the Treaty on

European Union,

Having regard to the joint proposal from the High Represen­

tative of the Union for Foreign Affairs and Security Policy and

the European Commission,

(4)

A partial suspension of the Cooperation Agreement

Syria (4) has been effected by Council Decision

2011/523/EU of 2 September 2011 (5).

(5)

In order to ensure that the measures provided for in this

Regulation are effective, this Regulation must enter into

force immediately.

(6)

It should be clarified that submitting and forwarding the

necessary documents to a bank for the purpose of their

final transfer to a person, entity or body that is not listed,

to trigger payments allowed under Article 9 of this Regu­

lation, does not constitute making funds available within

the meaning of Article 4(2) of this Regulation,

HAS ADOPTED THIS REGULATION:

Whereas:

Article 1

(1)

(2)

(3)

On 9 May 2011, the Council adopted Regulation (EU)

No 442/2011 concerning restrictive measures in view of

the situation in Syria (2).

Council Decision 2011/522/CFSP of 2 September 2011

amending Decision 2011/273/CFSP (3) provides for

further measures to be adopted including a prohibition

on the purchase, import or transportation from Syria of

crude oil and petroleum products, and the freezing of

funds and economic resources to further persons and

entities who benefit from or support the regime. The

additional persons, entities and bodies to whom the

freezing of funds and economic resources is to apply

are listed in the Annex to that Decision.

Some of those measures fall within the scope of the

Treaty on the Functioning of the European Union and,

therefore, in particular with a view to ensuring their

uniform application by economic operators in all

Member States, regulatory action at the level of the

Union is necessary in order to implement them.

(1) OJ L 121, 10.5.2011, p. 11.

(2) OJ L 121, 10.5.2011, p. 1.

(3) See page 16 of this Official Journal.

Regulation (EU) No 442/2011 is amended as follows:

(1) in Article 1, the following points are inserted:

‘(g) “insurance” means an undertaking or commitment

whereby one or more natural or legal persons are

obliged, in return for payment, to provide one or

more other persons, in the event of materialisation of

a risk, with an indemnity or a benefit as determined by

the undertaking or commitment;

(h) “reinsurance” means the activity consisting in accepting

risks ceded by an insurance undertaking or by another

reinsurance undertaking or, in the case of the

association of underwriters known as Lloyd’s, the

activity consisting in accepting risks, ceded by any

member of Lloyd’s, by an insurance or reinsurance

undertaking other than the association of underwriters

known as Lloyd’s;

(i) “petroleum products” means the products listed in

Annex IV.’;

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

(5) See page 19 of this Official Journal.

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Official Journal of the European Union

(2) the following Articles are inserted:

‘Article 3a

It shall be prohibited:

(a) to import crude oil or petroleum products into the

Union if they:

(i) originate in Syria; or

(ii) have been exported from Syria;

(b) to purchase crude oil or petroleum products which are

located in or which originated in Syria;

(c) to transport crude oil or petroleum products if they

originate in Syria, or are being exported from Syria to

any other country;

(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 points (a), (b) and (c); and

(e) to participate, knowingly and intentionally, in activities

whose object or effect is, directly or indirectly, to

circumvent the prohibitions in point (a), (b), (c) or (d).

Article 3b

The prohibitions in Article 3a shall not apply to:

(a) the execution, on or prior to 15 November 2011, of an

obligation arising from a contract concluded before

2 September 2011, provided that the natural or legal

person, entity or body seeking to perform the obligation

concerned has notified, at least 7 working days in

advance, the activity or transaction to the competent

authority of the Member State in which it is established,

as identified on the websites listed in Annex III; or

(b) the purchase of crude oil or petroleum products which

had been exported from Syria prior to 2 September

2011, or, where the export was made pursuant to

point (a), on or prior to 15 November 2011.’;

(3) Article 5(1) is replaced by the following:

‘1.

Annex II shall consist of a list of natural or legal

persons, entities and bodies which, in accordance with

Article 4(1) of Decision 2011/273/CFSP, have been

identified by the Council as being persons responsible for

the violent repression against the civilian population in

Syria, persons and entities benefiting from or supporting

the regime, or persons and entities associated with them.’;

3.9.2011

(4) Article 6 is amended as follows:

(a) in the first paragraph, points (c) and (d) are replaced by

the following:

‘(c) intended exclusively for the payment of fees or

service charges for routine holding or maintenance

of frozen funds or economic resources;

(d) necessary for extraordinary expenses, provided that

the relevant competent authority has notified to the

competent authorities of the other Member States

and to the Commission at least 2 weeks before

the authorisation the grounds on which it

considers that a specific authorisation should be

granted;’;

(b) in the first paragraph, the following points are added:

‘(e) to be paid into or from an account of a diplomatic

or consular mission or an international organisation

enjoying immunities in accordance with inter­

national law, insofar as such payments are

intended to be used for official purposes of the

diplomatic or consular mission or international

organisation; or

(f) necessary for humanitarian purposes, such as the

delivery and facilitation of delivery of humanitarian

aid, the delivery of materials and supplies necessary

for essential civilian needs, including food and agri­

cultural materials for its production, medical

products, or for evacuations from Syria.’;

(c) the second paragraph is replaced by the following:

‘The Member State concerned shall inform the other

Member States and the Commission of any authori­

sation granted under this Article, within 4 weeks

following the authorisation.’;

(5) the following Article is inserted:

‘Article 10a

No claims, including for compensation or any other claim

of this kind, such as a claim of set-off or a claim under a

guarantee, in connection with any contract or transaction

the performance of which was affected, directly or

indirectly, in whole or in part, by the measures imposed

by this Regulation, should be granted to the Government of

Syria, or to any person or entity claiming through it or for

its benefit.’.

Article 2

Annex II to Regulation (EU) No 442/2011 is hereby amended

in accordance with Annex I to this Regulation.

3.9.2011

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Official Journal of the European Union

Article 3

Annex II to this Regulation is hereby inserted as Annex IV to Regulation (EU) No 442/2011.

Article 4

This Regulation shall enter into force on the day 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, 2 September 2011.

For the Council

The President

M. DOWGIELEWICZ

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Official Journal of the European Union

3.9.2011

ANNEX I

A. Persons

Name

Identifying information

(date of birth, place of birth…)

Reasons

Date of listing

1.

Fares CHEHABI

(Fares SHIHABI)

President of Aleppo Chamber of

Industry. Provides economic

support for the Syrian regime.

2.09.2011

2.

Emad GHRAIWATI

President of the Damascus

Chamber of Industry (Zuhair

Ghraiwati

Sons).

Provides

economic support for the Syrian

regime.

2.09.2011

3.

Tarif AKHRAS

Founder of the Akhras Group

(commodities, trading, processing

and logistics), Homs. Provides

economic support for the Syrian

regime.

2.09.2011

4.

Issam ANBOUBA

President of Issam Anbouba Est.

for agro-industry. Supports econ­

omically the Syrian regime.

2.09.2011

Identifying information

Reasons

Date of listing

B. Entities

Name

1.

Mada Transport

Subsidiary of Cham Holding

(Sehanya Daraa Highway, PO Box

9525, tel: 00 963 11 99 62)

Economic entity financing the

regime.

2.09.2011

2.

Cham Investment

Group

Subsidiary of Cham Holding

(Sehanya Daraa Highway, PO Box

9525, tel: 00 963 11 99 62)

Economic entity financing the

regime.

2.09.2011

3.

Real Estate Bank

Insurance Bldg- Yousef Al-azmeh

sqr. Damascus

P.O. Box: 2337 Damascus

Syrian Arab Republic

Phone: (+963) 11 2456777 and

2218602

Fax: (+963) 11 2237938 and

2211186

Bank's e-mail: Publicrelations@

reb.sy,

Website: www.reb.sy

State-owned bank providing

financial support for the regime.

2.09.2011

EN

3.9.2011

Official Journal of the European Union

ANNEX II

‘ANNEX IV

List of Petroleum Products and HS Code

HS Code

Description

2709 00

Petroleum oils and oils obtained from bituminous minerals, crude:

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 obtained from

bituminous minerals, these oils being the basic constituents of the preparations; waste oils:

2711

Petroleum gases and other gaseous hydrocarbons:

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)’.

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لائحة من مجلس الاتحاد الأوروبي بحظر استيراد النفط السوري وإضافة أشخاص وكيانات إلى العقوبات، هم: فارس الشهابي، عماد غريواتي، طريف الأخرس، عصام أنبوبا، وشركة مدى للنقل وشام للاستثمار والمصرف العقاري.