Council Regulation (EU) No 697/2013 of 22 July 2013 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

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COUNCIL REGULATION (EU) No 697/2013

of 22 July 2013

amending Regulation (EU) No 36/2012 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 2013/255/CFSP of 31 May

2013 concerning restrictive measures against Syria (1),

Having regard to the joint proposals from the High Represen­

tative of the Union for Foreign Affairs and Security Policy and

the European Commission,

transfer of equipment which might be used for internal

repression other than those listed in Annex IA or Annex

IX, whether or not originating in the Union, to any

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

2.

A Member State may prohibit or impose an auth­

orisation requirement on the provision of technical

assistance, financing and financial assistance related to

the equipment referred to in paragraph 1, to any person,

entity or body in Syria or for use in Syria.";

Whereas:

(1)

(2)

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).

On 29 November 2012, the Council adopted Decision

2012/739/CFSP (4) which repealed and replaced Decision

2011/782/CFSP.

(3)

On 1 June 2013 Decision 2012/739/CFSP expired.

(4)

On 31 May 2013, the Council adopted Decision

2013/255/CFSP.

(5)

Annex IX to Regulation (EU) No 36/2012 lists items

which are subject to prior authorisation prior to sale,

supply, transfer or export in accordance with Article 2b

of Regulation No 36/2012. That list should be expanded

to include further items. An exception for products

identified as consumer goods should be provided.

(6)

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 necessary in order

to ensure the uniform application of such measures by

economic operators in all Member States.

(7)

Regulation (EU) No 36/2012 should therefore be

amended accordingly,

HAS ADOPTED THIS REGULATION:

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

"Article 2a

1.

It shall be prohibited:

(a) to sell, supply, transfer or export, directly or indirectly,

equipment, goods or technology which might be used

for internal repression or for the manufacture and

maintenance of products which might be used for

internal repression, as listed in Annex IA, whether or

not originating in the Union, to any person, entity or

body in Syria or for use in Syria;

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

the object or effect of which is to circumvent the

prohibitions referred to in point (a).

2.

By way of derogation from paragraph 1, the

competent authorities in the Member States, as identified

on the websites listed in Annex III, may grant, under such

terms and conditions as they deem appropriate, an auth­

orisation for a transaction in relation to equipment, goods

or technology as listed in Annex IA, provided that the

equipment, goods or technology are intended for food,

agricultural, medical or other humanitarian purposes, or

for the benefit of United Nations personnel, personnel of

the Union or its Member States.";

Article 1

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

(3) in Article 2c paragraph 2 is replaced by the following:

(1) Article 2 is replaced by the following:

"Article 2

1.

A Member State may prohibit or impose an auth­

orisation requirement on the export, sale, supply or

(1) OJ L 147, 1.6.2013, p. 14.

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

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

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

"2.

The seizure and disposal of equipment, goods or

technology, the supply, sale, transfer or export of which

is prohibited by Article 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

legislation, be recovered from any person or entity who

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Official Journal of the European Union

assumes responsibility for the carriage of the goods or

equipment in the attempted illicit supply, sale, transfer

or export.";

(4) the following Article is inserted:

"Article 2d

The Member State concerned shall inform the other

Member States and the Commission, within four

weeks, of any authorisation granted under the first

subparagraph.";

(6) the following Article is inserted:

"Article 6a

A Member State may prohibit or impose an authorisation

requirement on the export to Syria of dual-use items

referred to in Article 4(2) of Regulation (EC) No

428/2009.";

(5) Article 3 is amended as follows:

(a) paragraph 1 is replaced by the following:

"1.

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It shall be prohibited:

(a) to provide, directly or indirectly, technical

assistance or brokering services related to

equipment, goods or technology 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 IA, to any

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

(b) to provide, directly or indirectly, financing or

financial assistance related to the goods and tech­

nology listed in Annex 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;

(c) to participate, knowingly and intentionally, in

activities the object or effect of which is to

circumvent the prohibitions referred to in points

(a) and (b).";

1.

By way of derogation from Article 6, the competent

authorities of the Member States as identified on the

websites listed in Annex III, may authorise, under such

terms and conditions as they deem appropriate, the

import, purchase or transport of crude oil or petroleum

products, or the provision of related financing or financial

assistance, including financial derivatives, as well as

insurance and reinsurance, provided that the following

conditions are met:

(a) on the basis of the information available to it,

including information provided by the person, entity

or body requesting the authorisation, the competent

authority has determined that it is reasonable to

conclude that:

(i) the activities concerned are for the purpose of

providing assistance to the Syrian civilian popu­

lation, in particular in view of meeting humani­

tarian concerns, assisting in the provision of basic

services, reconstruction or restoring economic

activity, or other civilian purposes;

(ii) the activities concerned do not entail funds or

economic resources being made available,

directly or indirectly, to or for the benefit of a

person, entity or body referred to in Article 14;

(iii) the activities concerned do not breach any of the

prohibitions laid down in this Regulation;

(b) the Member State concerned has consulted in advance

the person, entity or body designated by the Syrian

National Coalition for Opposition and Revolutionary

Forces as regards, inter alia:

(b) paragraph 2 is deleted;

(c) paragraph 3 is replaced by the following:

"3.

By way of derogation from paragraph 1, the

competent authorities of the Member States, as

identified on the websites listed in Annex III, may

grant, under such terms and conditions as they deem

appropriate, an authorisation for technical assistance

or brokering services, or financing or financial

assistance related to equipment, goods or technology,

as listed in Annex IA, provided that the equipment,

goods or technology are intended for food, agricul­

tural, medical or other humanitarian purposes, or for

the benefit of United Nations personnel, personnel of

the Union or its Member States.

(i) the competent authority's determination under

points (a) (i) and (ii);

(ii) the availability of information indicating that the

activities concerned might entail funds or

economic resources being made available, directly

or indirectly, to or for the benefit of a person,

entity or body referred to in Article 2 of Regu­

lation (EC) No 2580/2001 of 27 December

2001 on specific restrictive measures directed

against certain persons and entities with a view

to combating terrorism (*) or in Article 2 of Regu­

lation (EC) No 881/2002 of 27 May 2002

imposing certain specific restrictive measures

directed against certain persons and entities

associated with the Al-Qaida network (**);

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and the person, entity or body designated by the

Syrian National Coalition for Opposition and Revol­

utionary Forces has given its views to the relevant

Member State.

(c) In the absence of the receipt of views from the person,

entity or body designated by the Syrian National

Coalition for Opposition and Revolutionary Forces

within 30 days after the request was made to them,

the competent authority may proceed with its decision

on whether or not to issue the authorisation.

23.7.2013

(iii) the activities concerned do not breach any of the

prohibitions laid down in this Regulation;

(b) the Member State concerned has consulted in advance

the person, entity or body designated by the Syrian

National Coalition for Opposition and Revolutionary

Forces as regards, inter alia:

(i) the competent authority's determination under

points (a) (i) and (ii);

2.

When applying the conditions under points (a) and

(b) of paragraph 1, the competent authority shall require

adequate information as regards the use of the authori­

sation granted, including information concerning the

counterparts to the transaction.

(ii) the availability of information indicating that the

activities concerned might entail funds or

economic resources being made available, directly

or indirectly, to or for the benefit of a person,

entity or body referred to in Article 2 of Regu­

lation (EC) No 2580/2001 or Article 2 of Regu­

lation (EC) No 881/2002;

3.

The Member State concerned shall inform, within

two weeks, the other Member States and the Commission

of any authorisation granted under this Article.;

and the person, entity or body designated by the

Syrian National Coalition for Opposition and Revol­

utionary Forces has given its views to the relevant

Member State.

___________

(*) OJ L 344, 28.12.2001, p. 70.

(**) OJ L 139, 29.5.2002, p. 9."

(c) In the absence of the receipt of views from the person,

entity or body designated by the Syrian National

Coalition for Opposition and Revolutionary Forces

within 30 days after the request was made to them,

the competent authority may proceed with its decision

on whether or not to issue the authorisation.

(7) the following Article is inserted:

"Article 9a

1.

By way of derogation from Articles 8 and 9, the

competent authorities of the Member States as identified

on the websites listed in Annex III, may authorise, under

such terms and conditions as they deem appropriate, the

sale, supply, transfer or export of the key equipment or

technology as listed in Annex VI, or the provision of

related technical assistance or brokering services, or

financing or financial assistance, provided that the

following conditions are met:

(a) on the basis of the information available to it,

including information provided by the person, entity

or body requesting the authorisation, the competent

authority has determined that it is reasonable to

conclude that:

(i) the activities concerned are for the purpose of

providing assistance to the Syrian civilian popu­

lation, in particular in view of meeting humani­

tarian concerns, assisting in the provision of basic

services, reconstruction or restoring economic

activity, or other civilian purposes;

(ii) the activities concerned do not entail funds or

economic resources being made available,

directly or indirectly, to or for the benefit of a

person, entity or body referred to in Article 14;

2.

When applying the conditions under points (a) and

(b) of paragraph 1, the competent authority shall require

adequate information as regards the use of the authori­

sation granted, including information concerning the

end-user and the final destination of the delivery.

3.

The Member State concerned shall inform, within

two weeks, the other Member States and the Commission

of any authorisation granted under this Article.";

(8) the following Article is inserted:

"Article 13a

1.

By way of derogation from Article 13(1), the

competent authorities of the Member States as identified

on the websites listed in Annex III, may authorise, under

such terms and conditions as they deem appropriate, the

granting of any financial loan or credit to or the

acquisition or extension of a participation in, or the

creation of any joint venture with any Syrian person,

entity or body referred to in point (a) of Article 13(2),

provided that the following conditions are met:

(a) on the basis of the information available to it,

including information provided by the person, entity

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Official Journal of the European Union

or body requesting the authorisation, the competent

authority has determined that it is reasonable to

conclude that:

(i) the activities concerned are for the purpose of

providing assistance to the Syrian civilian popu­

lation, in particular in view of meeting humani­

tarian concerns, assisting in the provision of basic

services, reconstruction or restoring economic

activity, or other civilian purposes;

(ii) the activities concerned do not entail funds or

economic resources being made available,

directly or indirectly, to or for the benefit of a

person, entity or body referred to in Article 14;

(iii) the activities concerned do not breach any of the

prohibitions laid down in this Regulation;

(b) the Member State concerned has consulted in advance

the person, entity or body designated by the Syrian

National Coalition for Opposition and Revolutionary

Forces as regards, inter alia:

(i) the competent authority's determination under

points (a) (i) and (ii);

(ii) the availability of information indicating that the

activities concerned might entail funds or

economic resources being made available, directly

or indirectly, to or for the benefit of a person,

entity or body referred to in Article 2 of Regu­

lation (EC) No 2580/2001 or Article 2 of Regu­

lation (EC) No 881/2002;

and the person, entity or body designated by the

Syrian National Coalition for Opposition and Revol­

utionary Forces has given its views to the relevant

Member State.

(c) In the absence of the receipt of views from the person,

entity or body designated by the Syrian National

Coalition for Opposition and Revolutionary Forces

within 30 days after the request was made to them,

the competent authority may proceed with its decision

on whether or not to issue the authorisation.

2.

When applying the conditions under points (a) and

(b) of paragraph 1, the competent authority shall require

adequate information as regards the use of the authori­

sation granted, including information concerning the

purpose of, and the counterparts to the transaction.

3.

The Member State concerned shall inform, within

two weeks, the other Member States and the Commission

of any authorisation granted under this Article.";

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(9) the following Article is inserted:

"Article 25a

1.

By way of derogation from points (a) and (c) of

Article 25(1), the competent authorities of the Member

States as identified on the websites listed in Annex III,

may authorise, under such terms and conditions as they

deem appropriate, the opening of a new bank account or a

new representative office, or the establishment of a new

branch or subsidiary, provided that the following

conditions are met:

(a) on the basis of the information available to it,

including information provided by the person, entity

or body requesting the authorisation, the competent

authority has determined that it is reasonable to

conclude that:

(i) the activities concerned are for the purpose of

providing assistance to the Syrian civilian popu­

lation, in particular in view of meeting humani­

tarian concerns, assisting in the provision of basic

services, reconstruction or restoring economic

activity, or other civilian purposes;

(ii) the activities concerned do not entail funds or

economic resources being made available,

directly or indirectly, to or for the benefit of a

person, entity or body referred to in Article 14;

(iii) the activities concerned do not breach any of the

prohibitions laid down in this Regulation;

(b) the Member State concerned has consulted in advance

the person, entity or body designated by the Syrian

National Coalition for Opposition and Revolutionary

Forces as regards, inter alia:

(i) the competent authority's determination under

points (a) (i) and (ii);

(ii) the availability of information indicating that the

activities concerned might entail funds or

economic resources being made available, directly

or indirectly, to or for the benefit of a person,

entity or body referred to in Article 2 of Regu­

lation (EC) No 2580/2001 or Article 2 of Regu­

lation (EC) No 881/2002;

and the person, entity or body designated by the

Syrian National Coalition for Opposition and Revol­

utionary Forces has given its views to the relevant

Member State.

(c) In the absence of the receipt of views from the person,

entity or body designated by the Syrian National

Coalition for Opposition and Revolutionary Forces

within 30 days after the request was made to them,

the competent authority may proceed with its decision

on whether or not to issue the authorisation.

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2.

When applying the conditions under points (a) and

(b) of paragraph 1, the competent authority shall require

adequate information as regards the use of the authori­

sation granted, including information concerning the

purpose of, and the counterparts to the activities

concerned.

3.

The Member State concerned shall inform, within

two weeks, the other Member States and the Commission

of any authorisation granted under this Article.";

(10) Annex I is deleted;

(11) Annex IX is amended as follows:

(a) the following paragraph is inserted below the title "List

of Equipment, Goods and Technology Referred to in

Article 2b":

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"The list set out in this Annex shall not include

products identified as consumer goods packaged for

retail sale for personal use or packaged for individual

use, with the exception of isopropanol.";

(b) in Section IX.A1 "Materials, chemicals, 'microorganisms' and 'toxins' ", the entries set out in

Annex I to this Regulation are added as point

IX.A1.004;

(c) in Section IX.A2 "Materials Processing", the entry set

out in Annex II to this Regulation is added as point

IX.A2.010.

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, 22 July 2013.

For the Council

The President

C. ASHTON

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ANNEX I

Entries referred to in point (11)(b)

Separate chemically defined compounds according to Note 1 to Chapters 28 and 29 of the Combined Nomenclature (1),

at 90 % concentration or greater, unless otherwise indicated, as follows:

Acetone,

(CAS RN 67-64-1)

(CN code 2914 11 00)

Acetylene,

(CAS RN 74-86-2)

(CN code 2901 29 00)

Ammonia,

(CAS RN 7664-41-7)

(CN code 2814 10 00)

Antimony,

(CAS RN 7440-36-0)

(heading 8110)

Benzaldehyde,

(CAS RN 100-52-7)

(CN code 2912 21 00)

Benzoin,

(CAS RN 119-53-9)

(CN code 2914 40 90)

1-Butanol,

(CAS RN 71-36-3)

(CN code 2905 13 00)

2-Butanol,

(CAS RN 78-92-2)

(CN code 2905 14 90)

Iso-Butanol,

(CAS RN 78-83-1)

(CN code 2905 14 90)

Tert-Butanol,

(CAS RN 75-65-0)

(CN code 2905 14 10)

Calcium carbide,

(CAS RN 75-20-7)

(CN code 2849 10 00)

Carbon monoxide,

(CAS RN 630-08-0)

(CN code 2811 29 90)

Chlorine,

(CAS RN 7782-50-5)

(CN code 2801 10 00)

Cyclohexanol,

(CAS RN 108-93-0)

(CN code 2906 12 00)

Dicyclohexylamine (DCA),

(CAS RN 101-83-7)

(CN code 2921 30 99)

Ethanol,

(CAS RN 64-17-5)

(CN code 2207 10 00)

Ethylene,

(CAS RN 74-85-1)

(CN code 2901 21 00)

Ethylene oxide,

(CAS RN 75-21-8)

(CN code 2910 10 00)

Fluoroapatite,

(CAS RN 1306-05-4)

(CN code 2835 39 00)

Hydrogen chloride,

(CAS RN 7647-01-0)

(CN code 2806 10 00)

Hydrogen sulfide,

(CAS RN 7783-06-4)

(CN code 2811 19 80)

Isopropanol, 95 % concentration or greater,

(CAS RN 67-63-0)

(CN code 2905 12 00)

Mandelic acid,

(CAS RN 90-64-2)

(CN code 2918 19 98)

Methanol,

(CAS RN 67-56-1)

(CN code 2905 11 00)

Methyl chloride,

(CAS RN 74-87-3)

(CN code 2903 11 00)

(1) As set out in the Commission Implementing Regulation (EU) No 927/2012 of 9 October 2012 amending Annex I to

Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 304,

31.10.2012, p. 1).

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Methyl iodide,

(CAS RN 74-88-4)

(CN code 2903 39 90)

Methyl mercaptan,

(CAS RN 74-93-1)

(CN code 2930 90 99)

Monoethyleneglycol,

(CAS RN 107-21-1)

(CN code 2905 31 00)

Oxalyl chloride,

(CAS RN 79-37-8)

(CN code 2917 19 90)

Potassium sulphide,

(CAS RN 1312-73-8)

(CN code 2830 90 85)

Potassium thiocyanate (KSCN),

(CAS RN 333-20-0)

(CN code 2842 90 80)

Sodium hypochlorite,

(CAS RN 7681-52-9)

(CN code 2828 90 00)

Sulphur,

(CAS RN 7704-34-9)

(CN code 2802 00 00)

Sulphur dioxide,

(CAS RN 7446-09-5)

(CN code 2811 29 05)

Sulphur trioxide,

(CAS RN 7446-11-9)

(CN code 2811 29 10)

Thiophosphoryl chloride,

(CAS RN 3982-91-0)

(CN code 2853 00 90)

Tri-isobutyl phosphite,

(CAS RN 1606-96-8)

(CN code 2920 90 85)

White/yellow phosphorus,

(CAS RN 12185-10-3, 7723-14-0)

(CN code 2804 70 00)

ANNEX II

Entry referred to in point (11)(c)

IX.A2.010

Equipment

Laboratory equipment, including parts and accessories for such equipment, for the

(destructive or non-destructive) analysis or detection of chemical substances, with the

exception of equipment, including parts or accessories, specifically designed for medical

use.

لائحة من مجلس الاتحاد الأوروبي تعدّل عقوبات سورية بإضافة استثناءات تسمح بتمويل وتصدير ما يدعم المدنيين والمعارضة.