Council Regulation (EU) No 867/2012 of 24 September 2012 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

25.9.2012

EN

Official Journal of the European Union

L 257/1

II

(Non-legislative acts)

REGULATIONS

COUNCIL REGULATION (EU) No 867/2012

of 24 September 2012

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

Syria

connection with the provision of financial support to

Syrian nationals pursuing an education, professional

training or engaged in academic research in the Union.

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 2011/782/CFSP of

1 December 2011 concerning restrictive measures against

Syria (1),

(5)

Provisions providing for derogations from the freezing of

funds and economic resources of the Central Bank of

Syria should be amended.

(6)

Some of 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.

(7)

For the same reason, an amendment is necessary in order

to clarify the scope of Regulation (EU) No 36/2012.

(8)

Regulation (EU) No 36/2012 should therefore be

amended accordingly,

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)

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.

HAS ADOPTED THIS REGULATION:

(2)

(3)

(4)

Council Decision 2012/420/CFSP of 23 July 2012

amending

Decision

2011/782/CFSP

concerning

restrictive measures against Syria (3) provides for an

additional measure, namely that Member States should

inspect all vessels and aircraft bound for Syria if they

have information that provides reasonable grounds to

believe that the cargo contains items whose supply,

sale, transfer or export is prohibited or subject to auth­

orisation.

In relation to that measure, Decision 2012/420/CFSP

also provides that aircraft and vessels transporting

cargo to Syria be subject to the requirement of additional

pre-arrival or pre-departure information for all goods

brought into or out of a Member State.

Furthermore, Decision 2012/420/CFSP provides for a

derogation from the freezing of funds and economic

resources in relation to a transfer of funds due in

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

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

(3) OJ L 196, 24.7.2012, p. 59.

Article 1

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

(1) in Article 1 the following point is inserted:

‘(r) “customs territory of the Union” means the territory as

defined in Article 3 of Council Regulation (EEC) No

2913/92 of 12 October 1992 establishing the

Community Customs Code (*).

___________

(*) OJ L 302, 19.10.1992, p. 1.’;

(2) the following Article is inserted:

‘Article 2c

1.

The rules governing the obligation to provide advance

information as determined in the relevant provisions

concerning summary declarations as well as customs declar­

ations in Regulation (EEC) No 2913/92 and in Commission

EN

L 257/2

Official Journal of the European Union

Regulation (EEC) No 2454/93 of 2 July 1993 laying down

provisions for the implementation of Council Regulation

(EEC) No 2913/92 (*) apply to all goods leaving the

customs territory of the Union to Syria.

The person or entity who provides that information shall

also present any authorisations if required by this Regu­

lation.

2.

The seizure and disposal of equipment, goods or tech­

nology, the supply, sale, transfer or export of which is

prohibited by Articles 2 and 2a of this Regulation may,

in accordance with national legislation or the decision of

a competent authority, be carried out at the expense of the

person or entity referred to in paragraph 1 or, if it is not

possible to recover these expenses from that person or

entity, the expenses may, in accordance with national legis­

lation, be recovered from any person or entity who assumes

responsibility for the carriage of the goods or equipment in

the attempted illicit supply, sale, transfer or export.

___________

(*) OJ L 253, 11.10.1993, p. 1.’;

(3) Article 12, paragraph 1 is replaced by the following:

‘1.

It shall be prohibited:

(a) to sell, supply, transfer or export equipment or tech­

nology as listed in Annex VII to be used in the

construction or installation in Syria of new power

plants for electricity production;

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

financing or financial assistance, including financial

derivatives, as well as insurance or reinsurance in

relation to any project referred to in point (a).’;

(4) the following Article is inserted:

‘Article 20a

By way of derogation from Article 14, the competent auth­

orities of the Member States, as identified on the websites

listed in Annex III, may authorise, under such conditions as

they deem appropriate, the transfer by or through a

25.9.2012

financial entity listed in Annex II or IIa of funds or

economic resources, where the transfer is related to a

payment by a person or entity not listed in Annex II or

IIa in connection with the provision of financial support to

Syrian nationals pursuing an education, professional

training or engaged in academic research in the Union,

provided that the competent authority of the relevant

Member State has determined, on a case-by-case basis,

that the payment will not directly or indirectly be

received by a person or entity listed in Annex II or IIa.’;

(5) Article 21a is replaced by the following:

‘Article 21a

1.

By way of derogation from Article 14, the competent

authorities of the Member States, as identified on the

websites listed in Annex III, may authorise, under such

conditions as they deem appropriate:

(a) a transfer by or through the Central Bank of Syria of

funds or economic resources received and frozen after

the date of its designation where the transfer is related

to a payment due in connection with a specific trade

contract; or

(b) a transfer of funds or economic resources to or through

the Central Bank of Syria where the transfer is related to

a payment due in connection with a specific trade

contract;

provided that the competent authority of the relevant

Member State has determined, on a case-by-case basis,

that the payment will not directly or indirectly be

received by any person or entity listed in Annex II or IIa

and provided that the transfer is not otherwise prohibited

by this Regulation.

2.

By way of derogation from Article 14, the competent

authorities of the Member States, as identified on the

websites listed in Annex III, may authorise, under such

conditions as they deem appropriate, a transfer made by

or through the Central Bank of Syria of frozen funds or

economic resources in order to provide financial institutions

within the jurisdiction of the Member States with liquidity

for the financing of trade.’.

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, 24 September 2012.

For the Council

The President

A. D. MAVROYIANNIS

لائحة من مجلس الاتحاد الأوروبي تعدّل عقوبات سورية للسماح بتمويل دعم الطلاب السوريين الدارسين في الاتحاد الأوروبي.