Council Decision 2012/420/CFSP of 23 July 2012 amending Decision 2011/782/CFSP concerning restrictive measures against Syria

24.7.2012

EN

Official Journal of the European Union

L 196/59

DECISIONS

COUNCIL DECISION 2012/420/CFSP

of 23 July 2012

amending Decision 2011/782/CFSP concerning restrictive measures against Syria

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in

particular Article 29 thereof,

Whereas:

(1)

On 1 December 2011, the Council adopted Decision

2011/782/CFSP (1).

(2)

In order to further strengthen the enforcement of the

measures set out in Decision 2011/782/CFSP, Member

States should inspect all vessels and aircraft bound for

Syria in their seaports and airports, and in their territorial

sea, with the consent, as necessary in accordance with

international law, of the flag State, if the Member State

concerned has information that provides reasonable

grounds to believe that the cargo of such vessels and

aircraft contains arms or equipment, goods or technology

which might be used for internal repression and the

supply, sale, transfer or export of which is prohibited

or

subject

to

authorisation

under

Decision

2011/782/CFSP.

(3)

(4)

Furthermore, a derogation from the freezing of funds and

economic resources should be included in relation to a

transfer of funds due in connection with the provision of

financial support to Syrian nationals pursuing an

education, professional training or engaged in academic

research in the Union.

Decision 2011/782/CFSP should therefore be amended

accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2011/782/CFSP is hereby amended as follows:

(1) The following Article is inserted:

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

"Article 17b

1.

If Member States have information that provides

reasonable grounds to believe that the cargo of vessels

and aircraft bound for Syria contains items whose supply,

sale, transfer or export is prohibited under Article 1 or

subject to authorisation under Article 1a, they shall

inspect, in accordance with their national legislation and

consistent with international law, in particular the law of

the sea and relevant international civil aviation agreements

and maritime transport agreements, such vessels and aircraft

in their seaports and airports, as well as in their territorial

sea, in accordance with decisions and capabilities of their

competent authorities and with the consent, as necessary in

accordance with international law for the territorial sea, of

the flag State.

2.

Member States, in accordance with their national legis­

lation and consistent with international law, shall, upon

discovery, seize and dispose of items whose supply, sale,

transfer or export is prohibited under Article 1 or 1a.

3.

Member States shall cooperate, in accordance with

their national legislation, with inspections and disposals

undertaken pursuant to paragraphs 1 and 2.

4.

Aircraft and vessels transporting cargo to Syria shall

be subject to the requirement of additional pre-arrival or

pre-departure information for all goods brought into or out

of a Member State.".

(2) In Article 19, the following paragraph is added:

"10.

Paragraphs 1 and 2 shall not apply to a transfer, by

or through a financial entity listed in Annex I or II, of

frozen funds or economic resources where the transfer is

related to a payment by a person or entity not listed in

Annex I or II in connection with the provision of financial

support to Syrian nationals pursuing an education, profes­

sional training or engaged in academic research in the

Union, provided that the relevant Member State has deter­

mined, on a case-by-case basis, that the payment is not

directly or indirectly received by a person or entity

referred to in paragraph 1.".

L 196/60

EN

Official Journal of the European Union

Article 2

This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

Done at Brussels, 23 July 2012.

For the Council

The President

C. ASHTON

24.7.2012

قرار من مجلس الاتحاد الأوروبي يُلزم الدول الأعضاء بتفتيش السفن والطائرات المتجهة إلى سورية إذا اشتُبه في نقلها أسلحة أو معدات قمع، لتعزيز تطبيق حظر السلاح.