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Council Implementing Decision (CFSP) 2022/242 of 21 February 2022 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria

In forceVersion 2022-02-21
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Contents
  1. Preamble
    1. Article 1
    2. Article 2
  3. ANNEX
  4. ANNEX

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,

Having regard to Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria, and in particular Article 30(1) thereof,

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

Whereas:

(1) On 1 August 2011, Mr Mohammed Makhlouf was added to the list of persons and entities subject to restrictive measures pursuant to Council Implementing Decision 2011/488/CFSP.

(2) Pursuant to Decision 2013/255/CFSP, Mr Mohammed Makhlouf was maintained on the list of persons and entities subject to restrictive measures.

(3) On 12 September 2020, Mr Mohammed Makhlouf passed away. Since his heirs are all members of the Makhlouf family, there is an inherent risk that the inherited assets will be used to support the activities of the Syrian regime and will flow directly into the regime’s possession, potentially contributing to the regime’s violent repression of the civilian population.

(4) In view of the gravity of the situation in Syria, and considering the above, five additional members of the Makhlouf family should be added to the list of natural and legal persons, entities or bodies subject to restrictive measures in Annex I to Decision 2013/255/CFSP.

(5) Decision 2013/255/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Annex I to Decision 2013/255/CFSP is amended as set out in the Annex to this Decision.

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, 21 February 2022. For the Council The President J. Borrell Fontelles

ANNEX

ANNEX

The following entries are added to the list set out in Section A (Persons) of Annex I to Decision 2013/255/CFSP: Name Identifying information Reasons Date of listing 318. Hala Tarif ALMAGHOUT هلا طريف الماغوط Gender: Female DOB: 30.6.1980 or 30.7.1980. Widow of Mohammed Makhlouf. Member of the Makhlouf family. 21.2.2022 319. Ghada Adib MHANNA غاده أديب مهنا Gender: Female DOB: 22.5.1948 Widow of Mohammed Makhlouf. Member of the Makhlouf family. 21.2.2022 320. Shalaa Mohammed MAKHLOUF شهلاء محمد مخلوف Gender: Female DOB: 22.3.1967 Daughter of Mohammed Makhlouf. Member of the Makhlouf family. 21.2.2022 321. Kinda Mohammed MAKHLOUF كندا محمد مخلوف Gender: Female DOB: 25.9.1977 Daughter of Mohammed Makhlouf. Member of the Makhlouf family. 21.2.2022 322. Sara Mohammed MAKHLOUF ساره محمد مخلوف Gender: Female DOB: 27.8.1984 Daughter of Mohammed Makhlouf. Member of the Makhlouf family. 21.2.2022

Versions

  1. 2022-02-21

Cited by

  • Judgment of the General Court of 17 July 2024 – Mhana v Council (Case T-207/22) Notice · Grade B
    Common foreign and security policyRestrictive measures in view of the situation in SyriaFreezing of funds and economic resourcesRestriction on entry into the territory of the Member StatesList of persons, entities and bodies subject to the freezing of funds or the restriction on entry into the territory of the Member StatesInclusion and maintenance of the applicant’s name on the listHeir of a person already subject to restrictive measuresRights of the defenceError of assessmentProportionalityRight to propertyNon-contractual liabilityC/2024/5315Language of the case: French Applicant: Ghada Mhan
  • Action brought on 20 April 2022 — Makhlouf v Council (Case T-206/22) Notice · Grade B
    Council Implementing Decision (CFSP) 2022/242 of 21 February 2022 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria and its Annex I;
  • Judgment of the General Court (Ninth Chamber, Extended Composition) 17 July 2024 Judgment · Grade B
    By her action, the applicant, Ms Kinda Makhlouf, seeks, first, under Article 263 TFEU, the annulment of (i) Council Implementing Decision (CFSP) 2022/242 of 21 February 2022 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2022 L 40, p. 26) and Council Implementing Regulation (EU) 2022/237 of 21 February 2022 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2022 L 40, p. 6) (together, the initial acts) and (ii) Council Decision (CFSP) 2023/1035 of 25 May 2023 amending Decision 2013/255/CFSP concer
  • Judgment of the General Court (Ninth Chamber, Extended Composition) 17 July 2024 Judgment · Grade B
    The Council contends that the Court should: dismiss the action in its entirety; in the alternative, in the event that the initial acts are annulled in so far as they concern the applicant, maintain the effects of Implementing Decision 2022/242 in respect of her until the annulment of Implementing Regulation 2022/237 takes effect; order the applicant to pay the costs.
  • Judgment of the General Court (Ninth Chamber, Extended Composition) 17 July 2024 Judgment · Grade B
    In that context, the initial acts amended the annexes to Decision 2013/255 and Regulation No 36/2012 in order to include the applicant’s name on the lists at issue. As regards the maintaining acts, it should be noted, first, that Decision 2023/1035 – which extended the applicability of Decision 2013/255, including Annex I, as amended by Implementing Decision 2022/242 until 1 June 2024 – mentions the applicant’s name and, second, that Implementing Regulation 2023/1027 amended Annex II to Regulation No 36/2012, while maintaining – at the very least implicitly – the inclusion of her name in the l
  • Judgment of the General Court (Ninth Chamber, Extended Composition) 17 July 2024 Judgment · Grade B
    By her action, the applicant, Ms Shahla Makhlouf, seeks, first, under Article 263 TFEU, the annulment of (i) Council Implementing Decision (CFSP) 2022/242 of 21 February 2022 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2022 L 40, p. 26) and Council Implementing Regulation (EU) 2022/237 of 21 February 2022 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2022 L 40, p. 6) (together, the initial acts) and (ii) Council Decision (CFSP) 2023/1035 of 25 May 2023 amending Decision 2013/255/CFSP conce
  • Judgment of the General Court (Ninth Chamber, Extended Composition) 17 July 2024 Judgment · Grade B
    The Council contends that the Court should: dismiss the action in its entirety; in the alternative, in the event that the initial acts are annulled in so far as they concern the applicant, maintain the effects of Implementing Decision 2022/242 in respect of her until the annulment of Implementing Regulation 2022/237 takes effect; order the applicant to pay the costs.
  • Judgment of the General Court (Ninth Chamber, Extended Composition) 17 July 2024 Judgment · Grade B
    In that context, the initial acts amended the annexes to Decision 2013/255 and Regulation No 36/2012 in order to include the applicant’s name on the lists at issue. As regards the maintaining acts, it should be noted, first, that Decision 2023/1035 – which extended the applicability of Decision 2013/255, including Annex I, as amended by Implementing Decision 2022/242, until 1 June 2024 – mentions the applicant’s name and, second, that Implementing Regulation 2023/1027 amended Annex II to Regulation No 36/2012, while maintaining – at the very least implicitly – the inclusion of her name in the
  • Judgment of the General Court (Ninth Chamber, Extended Composition) 17 July 2024 Judgment · Grade B
    As regards the claim made by the Council in the alternative in its defence, asking the Court to maintain the effects of Implementing Decision 2022/242 until the partial annulment of Implementing Regulation 2022/237 takes effect in respect of the applicant, it should be recalled that, by that decision, the Council included, as from 21 February 2022, the applicant’s name on the list of persons subject to restrictive measures in Annex I to Decision 2013/255. Following the adoption of Decision 2022/849 (see paragraph 19 above), the inclusion of the applicant on the lists at issue was extended unti
  • Judgment of the General Court (Ninth Chamber, Extended Composition) 17 July 2024 Judgment · Grade B
    Therefore, although the annulment of Implementing Decision 2022/242 and Decision 2023/1035, in so far as they concern the applicant, entails the annulment of the inclusion of her name on the list in Annex I to Decision 2013/255 for the period from 21 February 2022 to 1 June 2024, such annulment does not, however, extend to Decision 2024/1510, which is not the subject matter of the present action.
  • Judgment of the General Court (Ninth Chamber, Extended Composition) 17 July 2024 Judgment · Grade B
    Consequently, because the applicant is currently subject to new restrictive measures, the claim made by the Council in the alternative relating to the temporal effects of the partial annulment of Implementing Decision 2022/242, mentioned in paragraph 80 above, has become devoid of purpose.
  • Judgment of the General Court (Ninth Chamber, Extended Composition) 17 July 2024 Judgment · Grade B
    Annuls Council Implementing Decision (CFSP) 2022/242 of 21 February 2022 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria and Council Implementing Regulation (EU) 2022/237 of 21 February 2022 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria, in so far as they concern Ms Shahla Makhlouf;
  • Judgment of the General Court (Ninth Chamber, Extended Composition) of 17 July 2024 – Makhlouf v Council (Case T‑206/22) Judgment · Grade B
    EU lawPrinciplesRights of the defenceRight to effective judicial protectionRestrictive measuresObligation to disclose individual and specific grounds for the decisions adoptedRight to be heard prior to the adoption of such measuresLimitationsConditions (Charter of Fundamental Rights of the European Union, Art. 41(2)(a); Council Decision 2013/255/CFSP, as amended by Decision (CFSP) 2022/242, Annex; Council Regulations No 36/2012 and No 2022/237) (see paragraphs 51-54, 56, 58, 61)
  • Action brought on 19 April 2022 — Makhlouf v Council (Case T-209/22) Notice · Grade B
    Council Implementing Decision (CFSP) 2022/242 of 21 February 2022 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria and its Annex I;
  • Appeal brought on 27 September 2024 by Ghada Mhana against the judgment of the General Court (Ninth Chamber, Extended Composition) delivered on 17 July 2024 in Case T-207/22, Mhana v Council (Case C-637/24 P) Notice · Grade B
    Council Implementing Decision (CFSP) 2022/242 of 21 February 2022 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2022 L 40, p. 26) and Council Implementing Regulation (EU) 2022/237 of 21 February 2022 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2022 L 40, p. 6), and
  • Judgment of the General Court of 17 July 2024 – Makhlouf v Council (Case T-209/22) Notice · Grade B
    Common foreign and security policyRestrictive measures taken in view of the situation in SyriaFreezing of funds and economic resourcesRestriction on entry into the territory of the Member StatesList of persons, entities and bodies subject to the freezing of funds and economic resources or subject to restrictions on entry into the territory of the Member StatesInclusion and maintenance of the applicant’s name on the listHeir of a person already subject to restrictive measuresRights of the defenceError of assessmentNon-contractual liabilityC/2024/5317Language of the case: French Applicant: Shahl
  • Judgment of the General Court of 17 July 2024 – Makhlouf v Council (Case T-209/22) Notice · Grade B
    Annuls Council Implementing Decision (CFSP) 2022/242 of 21 February 2022 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria and Council Implementing Regulation (EU) 2022/237 of 21 February 2022 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria, in so far as they concern Ms Shahla Makhlouf;
  • Judgment of the General Court of 17 July 2024 – Makhlouf v Council (Case T-206/22) Notice · Grade B
    Common foreign and security policyRestrictive measures in view of the situation in SyriaFreezing of funds and economic resourcesRestriction on entry into the territory of the Member StatesList of persons, entities and bodies subject to the freezing of funds or the restriction on entry into the territory of the Member StatesInclusion and maintenance of the applicant’s name on the listHeir of a person already subject to restrictive measuresRights of the defenceError of assessmentProportionalityRight to propertyNon-contractual liabilityC/2024/5314Language of the case: French Applicant: Sara Makhl
  • Judgment of the General Court of 17 July 2024 – Makhlouf v Council (Case T-208/22) Notice · Grade B
    Common foreign and security policyRestrictive measures taken in view of the situation in SyriaFreezing of funds and economic resourcesRestriction on entry into the territory of the Member StatesList of persons, entities and bodies subject to the freezing of funds and economic resources or subject to restrictions on entry into the territory of the Member StatesInclusion and maintenance of the applicant’s name on the listHeir of a person already subject to restrictive measuresRights of the defenceError of assessmentProportionalityRight to propertyFreedom to move and reside in the Member StatesRi
  • Appeal brought on 27 September 2024 by Kinda Makhlouf against the judgment of the General Court (Ninth Chamber, Extended Composition) delivered on 17 July 2024 in Case T-208/22, Makhlouf v Council (Case C-635/24 P) Notice · Grade B
    First, Council Implementing Decision (CFSP) 2022/242 of 21 February 2022 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2022 L 40, p. 26) and Council Implementing Regulation (EU) 2022/237 of 21 February 2022 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2022 L 40, p. 6) (taken together, the initial acts), and