Council Regulation (EU) No 325/2013 of 10 April 2013 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

11.4.2013

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Official Journal of the European Union

L 102/1

II

(Non-legislative acts)

REGULATIONS

COUNCIL REGULATION (EU) No 325/2013

of 10 April 2013

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

Syria

(5)

Decision 2012/739/CFSP also provides for derogations

from certain restrictive measures for the sole purpose

of evacuating citizens of the Union and their family

members from Syria.

(6)

In view of the specific circumstances in Syria, Decision

2012/739/CFSP provides for restrictions on access to

airports of all exclusively cargo flights operated by

Syrian carriers and all flights operated by Syrian Arab

Airlines.

Having regard to the joint proposal of the High Representative

of the Union for Foreign Affairs and Security Policy and of the

European Commission,

(7)

On 28 February 2013, the Council adopted Decision

2013/109/CFSP amending Decision 2012/739/CFSP

concerning restrictive measures against Syria (4).

Whereas:

(8)

Decision 2013/109/CFSP includes additional derogations

in relation to the sale, supply, transfer or export of

equipment which might be used for internal repression

and to the provision of technical assistance.

(9)

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.

(10)

It is furthermore necessary to update Regulation (EU) No

36/2012 with the latest information provided by

Member States regarding the identification of

competent authorities and with the address of the

European Commission.

(11)

Regulation (EU) No 36/2012 should therefore be

amended accordingly,

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 2012/739/CFSP of

29 November 2012 concerning restrictive measures against

Syria (1),

(1)

On 18 January 2012, the Council adopted Regulation

(EU) No 36/2012 (2) in order to give effect to Council

Decision 2011/782/CFSP of 1 December 2011

concerning restrictive measures against Syria (3).

(2)

On 29 November 2012, the Council adopted Decision

2012/739/CFSP which repealed and replaced Decision

2011/782/CFSP.

(3)

Decision 2012/739/CFSP includes a ban on the purchase,

import or transport of arms and related material of all

types, and financing or financial assistance for the

purchase, import or transport of such items.

(4)

That Decision also provides for the possibility to allow

the release of certain frozen funds or economic resources

where they are required to satisfy a judicial or adminis­

trative decision rendered in the Union, or a judicial

decision enforceable in a Member State, prior to or

after the date of designation of the natural or legal

persons, entities or bodies concerned.

(1) OJ L 330, 30.11.2012, p. 21.

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

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

HAS ADOPTED THIS REGULATION:

Article 1

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

(4) OJ L 58, 1.3.2013, p. 8.

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Official Journal of the European Union

(1) Article 2(3) is replaced by the following:

‘3.

By way of derogation from paragraph 1, the

competent authorities in the Member States, as identified

on the websites listed in Annex III, may authorise the

sale, supply, transfer or export of equipment which might

be used for internal repression, under such conditions as

they deem appropriate, if they determine that:

(a) such equipment is intended for humanitarian or

protective use or for institution building programmes

of the United Nations (UN) and of the Union, or for

the Union and UN crisis management operations; or

(b) in the case of the Syrian National Coalition for

Opposition and Revolutionary Forces such equipment

is non-lethal and is intended for the protection of civil­

ians.’;

(2) Article 3(2) is replaced by the following:

‘2.

By way of derogation from paragraph 1, and provided

that the provision shall first have been approved by the

competent authority of a Member State, as identified on

the websites listed in Annex III, the prohibitions referred

to therein shall not apply to:

(a) the provision of technical assistance, financing and

financial assistance:

— intended solely for the support of the United

Nations Disengagement Observer Force (UNDOF),

— related to non-lethal military equipment, or

equipment which might be used for internal

repression, intended for humanitarian purposes or

protective use or for the protection of civilians, or

for institution building programmes of the UN and

the Union, or for Union or UN crisis management

operations, or for the Syrian National Coalition for

Opposition and Revolutionary Forces intended for

the protection of civilians,

— related to non-combat vehicles which have been

manufactured or fitted with materials to provide

ballistic protection, intended solely for the protective

use of personnel of the Union and its Member States

in Syria, or for the Syrian National Coalition for

Opposition and Revolutionary Forces intended for

the protection of civilians;

(b) the provision of technical assistance, brokering services

and other services for the Syrian National Coalition for

Opposition and Revolutionary Forces intended for the

protection of civilians.’;

(3) the following Article is inserted:

‘Article 3a

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tives, as well as insurance and reinsurance and

brokering services relating to insurance and reinsurance

for any purchase, import or transport of such items if

they originate in Syria, or are being exported from Syria

to any other country;

(b) to participate, knowingly or intentionally, in activities

the object or effect of which is to circumvent the

prohibitions referred to in point (a).’;

(4) Article 16 is replaced by the following:

‘Article 16

By way of derogation from Article 14, the competent auth­

orities in the Member States, as identified on the websites

listed in Annex III, may authorise the release of certain

frozen funds or economic resources, or the making

available of certain funds or economic resources, under

such conditions as they deem appropriate, after having

determined that the funds or economic resources are:

(a) necessary to satisfy the basic needs of natural or legal

persons, entities or bodies listed in Annexes II and IIa,

and dependent family members of such natural persons,

including payments for foodstuffs, rent or mortgage,

medicines and medical treatment, taxes, insurance

premiums, and public utility charges;

(b) intended exclusively for payment of reasonable profes­

sional fees and reimbursement of incurred expenses

associated with the provision of legal services;

(c) intended exclusively for 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 the grounds

on which it considers that a specific authorisation

should be granted to the competent authorities of the

other Member States and to the Commission at least

two weeks before the authorisation;

(e) 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;

(f) necessary for humanitarian purposes, such as delivering

or facilitating the delivery of assistance, including

medical supplies, food, humanitarian workers and

related assistance, or evacuations from Syria;

(g) necessary to ensure human safety or environmental

protection.

It shall be prohibited:

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

assistance relating to the goods and technology listed in

the Common Military List, including financial deriva­

The Member State concerned shall inform the other

Member States and the Commission of any authorisation

granted under this Article within four weeks following the

authorisation.’;

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Official Journal of the European Union

(5) Article 18 is replaced by the following:

‘Article 18

1.

By way of derogation from Article 14, the competent

authorities in Member States, as indicated on the websites

listed in Annex III, may authorise the release of certain

frozen funds or economic resources, if the following

conditions are met:

(a) the funds or economic resources are the subject of an

arbitral decision rendered prior to the date on which the

natural or legal person, entity or body referred to in

Article 14 was listed in Annex II or IIa, or of a

judicial or administrative decision rendered in the

Union, or a judicial decision enforceable in the

Member State concerned, prior to or after that date;

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‘Article 21b

Article 14(2) shall not prevent acts or transactions carried

out with respect to Syrian Arab Airlines for the sole

purpose of evacuating citizens of the Union and their

family members from Syria.’;

(8) the following Chapter is inserted:

‘CHAPTER VIA

RESTRICTIONS ON TRANSPORT

Article 26a

1.

It shall be prohibited, consistent with international

law, to accept, or provide access to airports in the Union

by, exclusively cargo flights operated by Syrian carriers and

all flights operated by Syrian Arab Airlines, except where:

(b) the funds or economic resources will be used exclusively

to satisfy claims secured by such a decision or

recognised as valid in such a decision, within the

limits set by applicable laws and regulations governing

the rights of persons having such claims;

(a) the aircraft is engaged in non-scheduled international air

services and landing is for non-traffic or noncommercial traffic purposes; or

(c) the decision is not for the benefit of a natural or legal

person, entity or body listed in Annex II or IIa;

as provided for under the Chicago Convention on Inter­

national Civil Aviation or the International Air Services

Transit Agreement.

(d) recognising the decision is not contrary to public policy

in the Member State concerned.

2.

The Member State concerned shall inform the other

Member States and the Commission of any authorisation

granted under this Article.’;

(6) in Article 19(1), the following point is added:

‘(c) payments due under judicial, administrative or arbitral

decisions rendered in a Member State or enforceable in

the Member State concerned,’;

(7) the following Article is inserted:

(b) the aircraft is engaged in scheduled international air

services and landing is for non- traffic purposes;

2.

Paragraph 1 shall not apply to flights for the sole

purpose of evacuating citizens of the Union and their

family members from Syria.

3.

It shall be prohibited to participate, knowingly and

intentionally, in activities the object or effect of which is

to circumvent the prohibition referred to in paragraph 1.’;

(9) Annex III is replaced by the text appearing in 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, 10 April 2013.

For the Council

The President

E. GILMORE

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Official Journal of the European Union

ANNEX

‘ANNEX III

Websites for information on the competent authorities and address for notifications to the European

Commission

A. Competent authorities in each Member State:

BELGIUM

http://www.diplomatie.be/eusanctions

BULGARIA

http://www.mfa.bg/en/pages/135/index.html

CZECH REPUBLIC

http://www.mfcr.cz/mezinarodnisankce

DENMARK

http://um.dk/da/politik-og-diplomati/retsorden/sanktioner/

GERMANY

http://www.bmwi.de/DE/Themen/Aussenwirtschaft/aussenwirtschaftsrecht,did=404888.html

ESTONIA

http://www.vm.ee/est/kat_622/

IRELAND

http://www.dfa.ie/home/index.aspx?id=28519

GREECE

http://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html

SPAIN

http://www.maec.es/es/MenuPpal/Asuntos/Sanciones%20Internacionales/Paginas/Sanciones_%20Internacionales.aspx

FRANCE

http://www.diplomatie.gouv.fr/autorites-sanctions/

ITALY

http://www.esteri.it/MAE/IT/Politica_Europea/Deroghe.htm

CYPRUS

http://www.mfa.gov.cy/sanctions

LATVIA

http://www.mfa.gov.lv/en/security/4539

LITHUANIA

http://www.urm.lt/sanctions

LUXEMBOURG

http://www.mae.lu/sanctions

HUNGARY

http://www.kulugyminiszterium.hu/kum/hu/bal/Kulpolitikank/nemzetkozi_szankciok/

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MALTA

http://www.doi.gov.mt/EN/bodies/boards/sanctions_monitoring.asp

NETHERLANDS

www.rijksoverheid.nl/onderwerpen/internationale-vrede-en-veiligheid/sancties

AUSTRIA

http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version=

POLAND

http://www.msz.gov.pl

PORTUGAL

http://www.min-nestrangeiros.pt

ROMANIA

http://www.mae.ro/node/1548

SLOVENIA

http://www.mzz.gov.si/si/zunanja_politika_in_mednarodno_pravo/zunanja_politika/mednarodna_varnost/omejevalni_

ukrepi/

SLOVAKIA

http://www.mzv.sk/sk/europske_zalezitosti/sankcie_eu-sankcie_eu

FINLAND

http://formin.finland.fi/kvyhteistyo/pakotteet

SWEDEN

http://www.ud.se/sanktioner

UNITED KINGDOM

www.fco.gov.uk/competentauthorities

B. Address for notifications to, or other communication with, the European Commission:

European Commission

Service for Foreign Policy Instruments (FPI)

EEAS 02/309

1049 Bruxelles/Brussel

BELGIQUE/BELGIË’

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لائحة من مجلس الاتحاد الأوروبي تعدّل عقوبات سورية بإضافة استثناءات لدعم المدنيين وإجلاء مواطني الاتحاد.