Address https://gelex.eu/eli/EU/decision/2016/37@2016-01-16/en

Contents

1. Preamble
2. 1. Article 1
   2. Article 2

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1) On 26 July 2010, the Council adopted Decision 2010/413/CFSP concerning restrictive measures against Iran.

(2) On 14 July 2015, China, France, Germany, the Russian Federation, the United Kingdom and the United States, supported by the High Representative of the Union for Foreign Affairs and Security Policy, reached an agreement on a long-term comprehensive solution to the Iranian nuclear issue. The successful implementation of the Joint Comprehensive Plan of Action (JCPOA) will ensure the exclusively peaceful nature of the Iranian nuclear programme and provide for the comprehensive lifting of all nuclear-related sanctions.

(3) On 20 July 2015, the United Nations Security Council adopted Resolution (UNSCR) 2231 (2015) endorsing the JCPOA, urging its full implementation in accordance with the timetable established in the JCPOA and providing for actions to take place in accordance with the JCPOA.

(4) UNSCR 2231 (2015) provides that, upon the IAEA-verified implementation of Iran's nuclear-related commitments as set out in the JCPOA, the provisions of UNSCRs 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008), 1929 (2010) and 2224 (2015) are to be terminated.

(5) UNSCR 2231 (2015) further provides that States are to comply with the relevant provisions contained in the statement of 14 July 2015 from China, France, Germany, the Russian Federation, the United Kingdom, the United States and the European Union, attached as Annex B to UNSCR 2231 (2015), aimed at promoting transparency and creating an atmosphere conducive to the full implementation of the JCPOA.

(6) On 18 October 2015, by Decision (CFSP) 2015/1863, the Council decided to terminate implementation of all Union nuclear-related economic and financial sanctions, taking into account UNSCR 2231 (2015) and Annex B to UNSCR 2231 (2015), simultaneously with the IAEA-verified implementation by Iran of agreed nuclear-related measures.

(7) By Decision (CFSP) 2015/1863 the Council also decided to introduce, upon the IAEA-verified implementation of Iran's nuclear-related commitments, an authorisation regime for reviewing and deciding on nuclear-related transfers to, or activities with, Iran not covered by UNSCR 2231 (2015), in full consistency with the JCPOA.

(8) In accordance with the second paragraph of Article 2 of Decision (CFSP) 2015/1863, that Decision is to apply from the date on which the Council notes that the Director-General of the IAEA has presented a report to the IAEA Board of Governors and to the United Nations Security Council which confirms that Iran has taken the measures specified in paragraphs 15.1 to 15.11 of Annex V to the JCPOA.

(9) The Council notes that on 16 January 2016 the Director-General of the IAEA presented a report to the IAEA Board of Governors and to the United Nations Security Council confirming that Iran has taken the measures specified in paragraphs 15.1 to 15.11 of Annex V to the JCPOA,

HAS ADOPTED THIS DECISION:

Article 1

Decision (CFSP) 2015/1863 shall apply from 16 January 2016.

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, 16 January 2016. For the Council The President A.G. Koenders

Versions

1. 2016-01-16

Cited by

• Judgment of the General Court (First Chamber) 18 October 2016 Judgment · Grade B

  As stated by the Council in response to a written question from the Court (paragraph 42 above), the effects of the maintenance of the applicant’s name on the list at issue are suspended, pursuant to Article 26(5) of Decision 2010/413, as amended by Council Decision (CFSP) 2015/1863 of 18 October 2015 (OJ 2015 L 274, p. 174), applicable since 16 January 2016, in accordance with Article 1 of Council Decision (CFSP) 2016/37 of 16 January 2016 concerning the date of application of Decision 2015/1863 (OJ 2016 L 11 I, p. 1). The fact remains that, as long as the applicant’s name remains on the list

• Judgment of the Court (Fourth Chamber) 29 November 2018 Judgment · Grade B

  Decision 2015/1863 and Implementing Regulation 2015/1862 have been applicable since 16 January 2016 by virtue of, respectively, Council Decision (CFSP) 2016/37 of 16 January 2016 concerning the date of application of Decision 2015/1863 (OJ 2016 L 11 I, p. 1), and information concerning the date of application of Council Regulation (EU) 2015/1861, amending Regulation No 267/2012 and Implementing Regulation 2015/1862 (OJ 2016 C 15 I, p. 1).

• Opinion of Advocate General Sharpston delivered on 13 September 2018 Case C‑225/17 P Islamic Republic of Iran Shipping Lines, Hafize Darya Shipping Lines (HDSL), Khazar Sea Shipping Lines Co., IRISL Europe GmbH, IRISL Marine Services and Engineering Co., Irano Misr Shipping Co., Safiran Payam Darya Shipping Lines, Shipping Computer Services Co., Soroush Sarzamin Asatir Ship Management, South Way Shipping Agency Co. Ltd, Valfajr 8th Shipping Line Co., v Council of the European Union Opinion · Grade B

  In the meantime, in order to implement Resolution 2231 (2015) the Council adopted a series of measures (the measures implementing the JCPOA) on 18 October 2015, the combined effect of which is, in particular, to suspend the restrictive measures applying to individuals and entities set out in Annex VI (formerly Annex II) to Decision 2010/413 as amended and, accordingly, to remove their names from the list of persons and entities subject to restrictive measures set out in Annex IX to Regulation 267/2012. Pursuant to Council Decision (CFSP) 2016/37 of 16 January 2016 concerning the date of applic

• Judgment of the Court (Fourth Chamber) 29 November 2018 Judgment · Grade B

  Decision 2015/1863 and Implementing Regulation 2015/1862 have been applicable since 16 January 2016, respectively, by virtue of Council Decision (CFSP) 2016/37 of 16 January 2016 concerning the date of application of Decision 2015/1863 (OJ 2016 L 11 I, p. 1) and information concerning the date of application of Regulation 2015/1861 and Implementing Regulation 2015/1862 (OJ 2016 C 15 I, p. 1).

• Judgment of the Court (Second Chamber) 6 September 2018 Judgment · Grade B

  Finally, it follows from Council Decision (CFSP) 2016/37 of 16 January 2016 concerning the date of application of Decision (CFSP) 2015/1863 amending Decision 2010/413 (OJ 2016 L 11 I, p. 1), and from a notice of information from the Council (OJ 2016 C 15 I, p. 1), that the regime at issue ceased to be applicable with effect from 16 January 2016.

• Information concerning the date of application of Council Regulation (EU) 2015/1861 amending Regulation (EU) No 267/2012 concerning restrictive measures against Iran and Council Implementing Regulation (EU) 2015/1862 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran 2016/C 15 I/01 Notice · Grade B

  Council Regulation (EU) 2015/1861 and Council Implementing Regulation (EU) 2015/1862 entered into force on 19 October 2015. In accordance with the second subparagraph of Article 2 of Regulation (EU) 2015/1861 and of Implementing Regulation (EU) 2015/1862, respectively, those Regulations shall apply from the date referred to in the second subparagraph of Article 2 of Council Decision (CFSP) 2015/1863, i.e. from the date of application of Decision (CFSP) 2015/1863. In Decision (CFSP) 2016/37, the Council noted that the condition for the application of Decision (CFSP) 2015/1863 has been met and d