Council Regulation (EU) No 1011/2011 of 13 October 2011 amending Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria

L 269/18

EN

Official Journal of the European Union

14.10.2011

REGULATIONS

COUNCIL REGULATION (EU) No 1011/2011

of 13 October 2011

amending Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in

Syria

THE COUNCIL OF THE EUROPEAN UNION,

In order to ensure that the measure provided for in this

Regulation is effective, this Regulation must enter into

force immediately upon its publication,

(5)

Having regard to the Treaty on the Functioning of the European

Union, and in particular Article 215 thereof,

HAS ADOPTED THIS REGULATION:

Having regard to Council Decision 2011/273/CFSP 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)

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

No 442/2011 (2) concerning restrictive measures in view

of the situation in Syria.

(2)

On 2 September 2011 (3), the Council amended Regu­

lation (EU) No 442/2011 to extend the measures against

Syria, including an expansion of the listing criteria, and a

prohibition on the purchase, import or transportation of

crude oil from Syria. On 23 September 2011 (4), the

Council again amended Regulation (EU) No 442/2011

extending further the measures against Syria, to include

a prohibition on investment in the crude oil sector, the

addition of further listings, and a prohibition of the

delivery of Syrian banknotes and coins to the Central

Bank of Syria.

(3)

(4)

Council Decision 2011/684/CFSP (5) amending Decision

2011/273/CFSP provides for an additional measure,

namely the listing of an additional entity, together with

a derogation permitting, for a limited period, the use of

frozen funds subsequently received by that entity in

connection with the financing of trade with nondesignated persons and entities.

That measure falls 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 it, in particular with a view to ensuring its

uniform application by economic operators in all

Member States.

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

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

(3) Council Regulation (EU) No 878/2011 (OJ L 228, 3.9.2011, p. 1).

(4) Council Regulation (EU) No 950/2011 (OJ L 247, 24.9.2011, p. 3).

(5) See page 33 of this Official Journal.

Article 1

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

(1) in Articles 4(1), 4(2), 5(2), and 5(3), and in point (a) of

Article 6, the words ‘Annex II’ shall be replaced by the

words ‘Annexes II and IIa’;

(2) in points (a) and (c) of Article 7, and in Articles 9 and

14(1), the words ‘Annex II’ shall be replaced by the words

‘Annex II or Annex IIa’;

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

‘1.

Annexes II and IIa shall consist of the following:

(a) Annex II shall consist of a list of natural or legal

persons, entities and bodies who, in accordance with

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

identified by the Council as being persons or entities

responsible for the violent repression against the

civilian population in Syria, persons and entities bene­

fiting from or supporting the regime, and natural or

legal persons and entities associated with them, and to

whom Article 9a shall not apply;

(b) Annex IIa shall consist of a list of entities which, in

accordance

with

Article

4(1)

of

Decision

2011/273/CFSP, have been identified by the Council

as being entities associated with the persons or entities

responsible for the violent repression against the civilian

population in Syria, or with persons and entities bene­

fiting from or supporting the regime, and to which

Article 9a shall apply.’;

(4) in Article 14, paragraph 4 is replaced by the following:

‘4.

The lists in Annexes II and IIa shall be reviewed at

regular intervals and at least every 12 months.’;

EN

14.10.2011

Official Journal of the European Union

L 269/19

Article 2

(5) the following Article is inserted:

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

as set out in Annex II to this Regulation.

‘Article 9a

By way of derogation from Article 4(1), an entity listed in

Annex IIa may, for a period of two months from the date

on which it was designated, make a payment from frozen

funds or economic resources which were received by that

entity after the date on which it was designated, provided

that:

The text of Annex I to this Regulation shall be inserted as

Annex IIa to Regulation (EU) No 442/2011.

(a) such payment is due under a trade contract; and

The text of Annex IV to Regulation (EU) No 442/2011 is

hereby replaced by Annex III to this Regulation.

Article 3

Article 4

(b) the competent authority of the relevant Member State

has determined that the payment will not directly or

indirectly be received by a person or entity listed in

Annex II or Annex IIa.’.

Article 5

This Regulation shall enter into force on the day of its publi­

cation 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, 13 October 2011.

For the Council

The President

M. DOWGIELEWICZ

ANNEX I

‘ANNEX IIa

List of entities referred to in Articles 4 and 5

Entities

1.

Name

Identifying information

Reasons

Date of listing

Commercial

Bank of Syria

— Damascus Branch, P.O. Box 2231, Moawiya St.,

Damascus, Syria;- P.O. Box 933, Yousef Azmeh

Square, Damascus, Syria;

State-owned

bank providing

financial

support to the

regime.

13.10.2011’

— Aleppo Branch, P.O. Box 2, Kastel Hajjarin St.,

Aleppo, Syria;

SWIFT/BIC

[NPWMD]

CMSY

SY

DA;

all

offices worldwide

Website: http://cbs-bank.sy/En-index.php

Tel: +963 11 2218890

Fax: +963 11 2216975

general managment: [email protected]

EN

L 269/20

Official Journal of the European Union

14.10.2011

ANNEX II

In Annex II to Regulation (EU) No 442/2011, the entries for Emad GHRAIWATI, Tarif AKHRAS and Issam ANBOUBA

are replaced by the following entries:

‘Name

Identifying information (date of

birth, place of birth …)

Reasons

Date of listing

Emad GHRAIWATI

DoB: March 1959;

PoB: Damascus, Syria

President of the Damascus Chamber of

Industry

(Zuhair

Ghraiwati

Sons).

Supports economically the Syrian regime.

2.9.2011

Tarif AKHRAS

DoB: 1949;

PoB: Homs, Syria

Founder

of

the

Akhras

Group

(commodities, trading, processing and

logistics), Homs. Supports economically

the Syrian regime.

2.9.2011

Issam ANBOUBA

DoB: 1949;

PoB: Lattakia, Syria

President of Issam Anbouba Est. for agroindustry. Supports economically the Syrian

regime.

2.9.2011’

ANNEX III

‘ANNEX IV

List of petroleum products

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 (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 operation 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 بإضافة المصرف التجاري السوري إلى قائمة الكيانات الخاضعة لتجميد الأصول.