Council Regulation (EU) No 545/2012 of 25 June 2012 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

26.6.2012

EN

Official Journal of the European Union

L 165/23

COUNCIL REGULATION (EU) No 545/2012

of 25 June 2012

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

Syria

THE COUNCIL OF THE EUROPEAN UNION,

"1.

Having regard to the Treaty on the Functioning of the European

Union, and in particular Article 215 thereof,

(a) to provide, directly or indirectly, technical assistance

related to the goods and technology listed in the

Common Military List of the European Union (*)

('Common Military List') or related to the provision,

manufacture, maintenance and use of goods included

in that list, to any person, entity or body in Syria or

for use in Syria;

Having regard to Council Decision 2011/782/CFSP of

1 December 2011 concerning restrictive measures against

Syria (1),

Having regard to the joint proposal from the High Represen­

tative of the Union for Foreign Affairs and Security Policy and

the European Commission,

Whereas:

(1)

(2)

(3)

On 18 January 2012 the Council adopted Regulation

(EU) No 36/2012 concerning restrictive measures in

view of the situation in Syria (2) with a view to giving

effect to most of the measures provided for in Decision

2011/782/CFSP. That Regulation prohibits, inter alia, the

provision of certain financing and financial assistance

related to goods subject to an export prohibition.

Decision

2012/322/CFSP

amending

Decision

2011/782/CFSP (3), further develops the application of

restrictive measures related to financial assistance in the

context of the arms embargo.

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.

(5)

In order to ensure that the measures provided for in this

Regulation are effective, this Regulation should enter into

force immediately,

HAS ADOPTED THIS REGULATION:

Article 1

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

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

(1) OJ L 319, 2.12.2011, p. 56.

(2) OJ L 16, 19.1.2012, p. 1.

(3) See page 45 of this Official Journal.

It shall be prohibited:

(b) to provide, directly or indirectly, technical assistance or

brokering services related to equipment, goods or tech­

nology which might be used for internal repression or

for the manufacture and maintenance of products which

could be used for internal repression as listed in

Annex I or IA, to any person, entity or body in Syria

or for use in Syria;

(c) to provide, directly or indirectly, financing or financial

assistance related to the goods and technology listed in

the Common Military List, or in Annex I or IA,

including in particular grants, loans and export credit

insurance, as well as insurance and reinsurance, for any

sale, supply, transfer or export of such items, or for any

provision of related technical assistance to any person,

entity or body in Syria or for use in Syria;

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

the object or effect of which is to circumvent the

prohibitions referred to in points (a) to (c).

___________

(*) OJ C 86, 18.3.2011, p. 1.";

(2) Article 3, paragraph 4 is replaced by the following:

"4.

Prior authorisation from the competent authority of

the relevant Member State, as identified on the websites

referred to in Annex III shall be required for the

provision of:

(a) technical assistance or brokering services related to

equipment, goods or technology listed in Annex IX

and to the provision, manufacture, maintenance and

use of such equipment, goods and technology, directly

or indirectly to any person, entity or body in Syria or

for use in Syria;

(b) financing or financial assistance related to goods and

technology referred to in Annex IX, including in

particular grants, loans and export credit insurance, as

well as insurance and reinsurance, for any sale, supply,

transfer or export of such goods and technology, or for

any provision of related technical assistance to any

person, entity or body in Syria or for use in Syria.

L 165/24

EN

Official Journal of the European Union

The competent authorities shall not grant any authorisation for the transactions referred to inthe first

subparagraph, if they have reasonable grounds to determine that those transactions are or may be

intended to contribute to internal repression or for the manufacture and maintenance of products which

might be used for internal repression.".

Article 2

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, 25 June 2012.

For the Council

The President

C. ASHTON

26.6.2012

لائحة من مجلس الاتحاد الأوروبي تحظر تقديم المساعدة الفنية والتمويل المرتبط بالمعدات العسكرية لسورية وتشدد العقوبات.