Council Regulation (EU) No 1332/2013 of 13 December 2013 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

14.12.2013

EN

Official Journal of the European Union

L 335/3

COUNCIL REGULATION (EU) No 1332/2013

of 13 December 2013

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

Syria

in connection with a specific trade contract for medical

supplies, food, shelter, sanitation or hygiene for civilian

use.

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European

Union, and in particular Article 215 thereof,

(6)

The abovementioned measures fall within the scope of

the Treaty and, therefore, in particular with a view to

ensuring their uniform application by economic

operators in all Member States, action at the level of

the Union is necessary in order to implement them.

(7)

Council Regulation (EU) No 36/2012 (3) should therefore

be amended accordingly,

Having regard to Council Decision 2013/255/CFSP of 31 May

2013 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:

HAS ADOPTED THIS REGULATION:

Article 1

(1)

On 13 December 2013 the Council adopted Decision

2013/760/CFSP (2) amending Decision 2013/255/CFSP.

(2)

Derogation from the prohibition of financing and

financial assistance relating to certain goods and tech­

nology should be provided with regard to activities

undertaken by the Organisation for the Prohibition of

Chemical Weapons (OPCW) in accordance with

paragraph 10 of United Nations (UN) Security Council

Resolution 2118(2013).

(3)

In order to facilitate the safe return to their legitimate

owners of goods constituting Syrian cultural heritage

which have been illegally removed from Syria, it is

necessary to provide for additional restrictive measures

in order to prohibit the import, export or transfer of

such goods.

(4)

Derogation from the freezing of funds or economic

resources necessary for humanitarian assistance should

only be granted if funds or economic resources are

released to the UN for the purpose of delivering such

assistance in accordance with the Syria Humanitarian

Assistance Response Plan (SHARP). When considering

requests for authorisation, competent authorities should

take into account the humanitarian principles of

humanity, neturality, impartiality and independence as

set out in the European Consensus on Humanitarian Aid.

(5)

It is necessary to provide for an additional derogation

from the asset freeze and the prohibition of making

funds or economic resources available in order to allow

transfers by a non-designated person or entity to a nondesignated person or entity, through a designated entity,

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

(2) Council Decision 2013/760/CFSP of 13 December 2013 amending

Decision 2013/255/CFSP concerning restrictive measures against

Syria (see page 50 of this Official Journal).

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

(1) In Article 2a, the following paragraph is inserted:

"3.

By way of derogation from paragraph 1(a), the

competent authorities of the Member States, as identified

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

conditions as they deem appropriate, an authorisation for

sale, supply, transfer or export of equipment, goods or tech­

nology as listed in Annex IA undertaken in accordance with

paragraph 10 of UN Security Council Resolution

2118(2013) and relevant decisions of the Executive

Council of the Organisation for the Prohibition of

Chemical Weapons (OPCW), consistent with the objective

of the Convention on the Prohibition of the Development,

Production, Stockpiling and Use of Chemical Weapons and

on their Destruction (Chemical Weapons Convention) and

after consultation with the OPCW.";

(2) in Article 3, the following paragraph is inserted:

"5.

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

paragraph 1, the competent authorities of the Member

States, as identified on the websites listed in Annex III,

may grant, under such conditions as they deem appropriate,

an authorisation for the provision of technical assistance,

brokering services, financing or financial assistance related

to equipment, goods or technology as listed in Annex IA

where such technical assistance, brokering services,

financing or financial assistance is provided for the sale,

supply, transfer or export of such equipment, goods or

technology undertaken in accordance with paragraph 10

of UN Security Council Resolution 2118(2013) and

relevant decisions of the Executive Council of the OPCW,

consistent with the objective of Chemical Weapons

Convention and after consultation with the OPCW.";

(3) Regulation (EU) No 36/2012 of 18 January 2012 concerning

restrictive measures in view of the situation in Syria and repealing

Regulation (EU) No 442/2011 (OJ L 16, 19.1.2012, p. 1).

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Official Journal of the European Union

(3) the following Article is inserted:

14.12.2013

(7) the following Article is inserted:

"Article 3b

"Article 16a

Article 3a shall not apply to the provision of financing or

financial assistance, including financial derivatives, as well as

insurance and reinsurance and brokering services relating to

insurance and reinsurance for any import or transport of

goods and technology listed in the Common Military List if

they originate in Syria, or are being exported from Syria to

any other country, undertaken in accordance with

paragraph 10 of UN Security Council Resolution

2118(2013) and relevant decisions of the Executive

Council of the OPCW, consistent with the objective of the

Chemical Weapons Convention.";

1.

Authorisations granted under point (f) of the first

paragraph of Article 16 before 15 December 2013 shall

not be affected by the modifications to point (f) of the

first paragraph of Article 16 provided for in Council Regu­

lation (EU) No 1332/2013 (1).

(4) the following Article is inserted:

"Article 11c

1.

It shall be prohibited to import, export, transfer, or

provide brokering services related to the import, export or

transfer of, Syrian cultural property goods and other goods

of archaeological, historical, cultural, rare scientific or

religious importance, including those listed in Annex XI,

where there are reasonable grounds to suspect that the

goods have been removed from Syria without the consent

of their legitimate owner or have been removed in breach

of Syrian law or international law, in particular if the goods

form an integral part of either the public collections listed

in the inventories of the conservation collections of Syrian

museums, archives or libraries, or the inventories of Syrian

religious institutions.

2.

The prohibition in paragraph 1 shall not apply if it is

demonstrated that:

(a) the goods were exported from Syria prior to 9 May

2011; or

(b) the goods are being safely returned to their legitimate

owners in Syria.";

(5) in the first paragraph of Article 16, point (f) is replaced by

the following:

"(f) necessary for humanitarian purposes, such as delivering

or facilitating the delivery of assistance, including

medical supplies, food, humanitarian workers and

related assistance, and provided that, in the case of

release of frozen funds or economic resources, the

funds or economic resources are released to the UN

for the purpose of delivering or facilitating the

delivery of assistance in Syria in accordance with the

Syria Humanitarian Assistance Response Plan

(SHARP);";

2.

Requests for authorisations under point (f) of the first

paragraph of Article 16 submitted before 15 December

2013 shall be considered withdrawn unless the person,

entity or body confirms its intention to maintain the

request after that date.

___________

(1) Council Regulation (EU) No 1332/2013 of 13 December

2013 amending Regulation (EU) No 36/2012

concerning restrictive measures in view of the situation

in Syria (OJ L 335, 14.12.2013, p. 3)."

(8) the following Article is inserted:

"Article 21c

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 Commercial Bank of Syria

of funds or economic resources received from outside of

the territory of the Union and frozen after the date of

its designation where the transfer is related to a

payment due in connection with a specific trade

contract for medical supplies, food, shelter, sanitation

or hygiene for civilian use; or

(b) a transfer of funds or economic resources from outside

of the territory of the Union to or through the

Commercial Bank of Syria where the transfer is related

to a payment due in connection with a specific trade

contract for the purpose of meeting essential civilian

needs, including medical supplies, food, shelter, sani­

tation or hygiene for civilian use;

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.

The Member State concerned shall inform the other

Member States and the Commission, within four weeks, of

any authorisation granted under this Article.";

(9) the Annex to this Regulation is added as Annex XI.

(6) in the first paragraph of Article 16, the following point is

added:

"(h) necessary for evacuations from Syria.";

Article 2

This Regulation shall enter into force on the day following that

of its publication in the Official Journal of the European Union.

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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 December 2013.

For the Council

The President

V. MAZURONIS

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ANNEX

‘ANNEX XI

List of categories of goods referred to in Article 11c

ex CN code

9705 00 00

9706 00 00

Product description

1. Archaeological objects more than 100 years old which are the products of:

— excavations and finds on land or under water

— archaeological sites

— archaeological collections

9705 00 00

9706 00 00

2. Elements forming an integral part of artistic, historical or religious monuments which have been

dismembered, of an age exceeding 100 years

9701

3. Pictures and paintings, other than those included in category 4 or 5, executed entirely by hand

in any medium and on any material (1)

9701

4. Water-colours, gouaches and pastels executed entirely by hand on any material (1)

6914

9701

5. Mosaics in any material executed entirely by hand, other than those falling in category 1 or 2,

and drawings in any medium executed entirely by hand on any material (1)

Chapter 49

9702 00 00

8442 50 80

6. Original engravings, prints, serigraphs and lithographs with their respective plates and original

posters (1)

9703 00 00

7. Original sculptures or statuary and copies produced by the same process as the original (1) other

than those in category 1

3704

3705

3706

4911 91 00

8. Photographs, films and negatives thereof (1)

9702 00 00

9706 00 00

4901 10 00

4901 99 00

4904 00 00

4905 91 00

4905 99 00

4906 00 00

9. Incunabula and manuscripts, including maps and musical scores, singly or in collections (1)

9705 00 00

9706 00 00

10. Books more than 100 years old, singly or in collections

9706 00 00

11. Printed maps more than 200 years old

3704

3705

3706

4901

4906

9705 00 00

9706 00 00

12. Archives, and any elements thereof, of any kind or any medium which are more than 50 years

old

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ex CN code

9705 00 00

9705 00 00

9705 00 00

Chapters 86-89

Product description

13. (a) Collections (2) and specimens from zoological, botanical, mineralogical or anatomical collec­

tions;

(b) Collections (2) of historical, palaeontological, ethnographic or numismatic interest

14. Means of transport more than 75 years old

15. Any other antique items not included in categories 1 to 14

(a) between 50 and 100 years old:

Chapter 95

— toys, games

7013

— glassware

7114

— articles of goldsmiths' or silversmiths' wares

Chapter 94

— furniture

Chapter 90

— optical, photographic or cinematographic apparatus

Chapter 92

— musical instruments

Chapter 91

— clocks and watches and parts thereof

Chapter 44

— articles of wood

Chapter 69

— pottery

5805 00 00

— tapestries

Chapter 57

— carpets

4814

— wallpaper

Chapter 93

— arms

9706 00 00

(b) more than 100 years old.

___________

(1) Which are more than 50 years old and do not belong to their originators.

(2) As defined by the Court of Justice in its judgment in Case 252/84 as follows: 'Collectors' pieces within the meaning of

heading No 97.05 of the Common Customs Tariff are articles which possess the requisite characteristics for inclusion

in a collection, that is to say, articles which are relatively rare, are not normally used for their original purpose, are the

subject of special transactions outside the normal trade in similar utility articles and are of high value.’

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لائحة من مجلس الاتحاد الأوروبي تعدّل عقوبات سورية بحظر تجارة الممتلكات الثقافية السورية المنهوبة، وإضافة استثناءات للإمدادات الإنسانية.