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Council Regulation (EU) No 1011/2011 of 13 October 2011 amending Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria

In forceVersion 2011-10-13from 2011-10-14
Grade B

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Contents
  1. Preamble
    1. Article 1
  3. Article 1
  4. (5)
    1. Article 9a
    1. Article 2
    2. Article 3
    3. Article 4
    4. Article 5
  6. ANNEX
  7. ANNEX I
  8. ANNEX IIa List of entities referred to in Articles 4 and 5 Entities
  9. ANNEX II
  10. ANNEX III
  11. ANNEX IV List of petroleum products

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 2011/273/CFSP concerning restrictive measures against Syria,

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

Whereas:

(1) On 9 May 2011, the Council adopted Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria.

(2) On 2 September 2011, the Council amended Regulation (EU) No 442/2011 to extend the measures against Syria, including an expansion of the listing criteria, and a prohibition on the purchase, import or transportation of crude oil from Syria. On 23 September 2011, the Council again amended Regulation (EU) No 442/2011 extending further the measures against Syria, to include a prohibition on investment in the crude oil sector, the addition of further listings, and a prohibition of the delivery of Syrian banknotes and coins to the Central Bank of Syria.

(3) Council Decision 2011/684/CFSP amending Decision 2011/273/CFSP provides for an additional measure, namely the listing of an additional entity, together with a derogation permitting, for a limited period, the use of frozen funds subsequently received by that entity in connection with the financing of trade with non-designated persons and entities.

(4) That measure falls within the scope of the Treaty on the Functioning of the European Union and regulatory action at the level of the Union is therefore necessary in order to implement it, in particular with a view to ensuring its uniform application by economic operators in all Member States.

(5) In order to ensure that the measure provided for in this Regulation is effective, this Regulation must enter into force immediately upon its publication,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) No 442/2011 is hereby amended as follows:

(1) in Articles 4(1), 4(2), 5(2), and 5(3), and in point (a) of Article 6, the words Annex II shall be replaced by the words Annexes II and IIa;

(2) in points (a) and (c) of Article 7, and in Articles 9 and 14(1), the words Annex II shall be replaced by the words Annex II or Annex IIa;

(3) in Article 5, paragraph 1 is replaced by the following:

1. Annexes II and IIa shall consist of the following:

(a) Annex II shall consist of a list of natural or legal persons, entities and bodies who, in accordance with Article 4(1) of Decision 2011/273/CFSP, have been identified by the Council as being persons or entities responsible for the violent repression against the civilian population in Syria, persons and entities benefiting from or supporting the regime, and natural or legal persons and entities associated with them, and to whom Article 9a shall not apply;

(b) Annex IIa shall consist of a list of entities which, in accordance with Article 4(1) of Decision 2011/273/CFSP, have been identified by the Council as being entities associated with the persons or entities responsible for the violent repression against the civilian population in Syria, or with persons and entities benefiting from or supporting the regime, and to which Article 9a shall apply.;

(4) in Article 14, paragraph 4 is replaced by the following:

4. The lists in Annexes II and IIa shall be reviewed at regular intervals and at least every 12 months.;

(5) the following Article is inserted:

Article 1

(5)

Article 9a

By way of derogation from Article 4(1), an entity listed in Annex IIa may, for a period of two months from the date on which it was designated, make a payment from frozen funds or economic resources which were received by that entity after the date on which it was designated, provided that:

(a) such payment is due under a trade contract; and

(b) the competent authority of the relevant Member State has determined that the payment will not directly or indirectly be received by a person or entity listed in Annex II or Annex IIa..

Article 2

Annex II to Regulation (EU) No 442/2011 is hereby amended as set out in Annex II to this Regulation.

Article 3

The text of Annex I to this Regulation shall be inserted as Annex IIa to Regulation (EU) No 442/2011.

Article 4

The text of Annex IV to Regulation (EU) No 442/2011 is hereby replaced by Annex III to this Regulation.

Article 5

This Regulation shall enter into force on the day 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, 13 October 2011. For the Council The President M. Dowgielewicz

ANNEX

ANNEX I

ANNEX IIa List of entities referred to in Articles 4 and 5 Entities

Name Identifying information Reasons Date of listing 1. Commercial Bank of Syria SWIFT/BIC CMSY SY DA; all offices worldwide [NPWMD] Website: http://cbs-bank.sy/En-index.php Tel: +963 11 2218890 Fax: +963 11 2216975 general managment: dir.cbs@mail.sy State-owned bank providing financial support to the regime. 13.10.2011

Damascus Branch, P.O. Box 2231, Moawiya St., Damascus, Syria;- P.O. Box 933, Yousef Azmeh Square, Damascus, Syria;

Aleppo Branch, P.O. Box 2, Kastel Hajjarin St., Aleppo, Syria;

ANNEX II

In Annex II to Regulation (EU) No 442/2011, the entries for Emad GHRAIWATI, Tarif AKHRAS and Issam ANBOUBA are replaced by the following entries: Name Identifying information (date of birth, place of birth …) Reasons Date of listing Emad GHRAIWATI DoB: March 1959; PoB: Damascus, Syria President of the Damascus Chamber of Industry (Zuhair Ghraiwati Sons). Supports economically the Syrian regime. 2.9.2011 Tarif AKHRAS DoB: 1949; PoB: Homs, Syria Founder of the Akhras Group (commodities, trading, processing and logistics), Homs. Supports economically the Syrian regime. 2.9.2011 Issam ANBOUBA DoB: 1949; PoB: Lattakia, Syria President of Issam Anbouba Est. for agro-industry. Supports economically the Syrian regime. 2.9.2011

ANNEX III

ANNEX IV List of petroleum products

HS Code Description 2709 00 Petroleum oils and oils obtained from bituminous minerals, crude. 2710 Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70 % or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils (save that the purchase, in Syria, of kerosene jet fuel of CN code 27101921 is not prohibited provided that it is intended and used solely for the purpose of the continuation of the flight operation of the aircraft into which it is loaded). 2712 Petroleum jelly; paraffin wax, microcrystalline petroleum wax, slack wax, ozokerite, lignite wax, peat wax, other mineral waxes, and similar products obtained by synthesis or by other processes, whether or not coloured. 2713 Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils obtained from bituminous minerals. 2714 Bitumen and asphalt, natural; bituminous or oil-shale and tar sands; asphaltites and asphaltic rocks. 2715 00 00 Bituminous mixtures based on natural asphalt, on natural bitumen, on petroleum bitumen, on mineral tar or on mineral tar pitch (for example, bituminous mastics, cut-backs).

Versions

  1. 2011-10-13

Cited by

  • Order of the President of the General Court of 22 December 2011 — Al-Chihabi v Council (Case T-593/11 R) Notice · Grade B
    Interim reliefCommon foreign and security policyRestrictive measures against SyriaFreezing of funds and economic resourcesApplication for interim measuresNo urgencyNo serious and irreparable damage2012/C 49/45Language of the case: English Applicant: Fares Al-Chihabi (Aleppo, Syria) (represented by: L. Ruessmann and W. Berg, lawyers) Defendant: Council of the European Union (represented by: M. Bishop and R. Liudvinaviciute-Cordeiro, Agents) Application for, in essence, the suspension of operation of Council Decision 2011/522/CFSP of 2 September 2011 amending Decision 2011/273/CFSP concerning re
  • Judgment of the General Court of 13 November 2014 — Kaddour v Council (Case T-654/11) Notice · Grade B
    (Common foreign and security policyRestrictive measures adopted against SyriaFreezing of fundsAction for annulmentPeriod for bringing proceedingsPartial inadmissibilityLocus standiBurden of proofAdjustment of temporal effects of annulment)2015/C 007/29Language of the case: French Applicant: Khaled Kaddour (Damascus, Syria) (represented by: M. Ponsard, D. Amaudruz and A. Boesch, lawyers) Defendant: Council of the European Union (represented by: S. Kyriakopoulou, G. Étienne and B. Driessen, agents) Application for annulment of Council Decision 2011/273/CFSP of 9 May 2011 concerning restrictive m
  • Judgment of the General Court of 13 November 2014 — Kaddour v Council (Case T-654/11) Notice · Grade B
    Dismisses the action as being inadmissible in so far as it seeks the annulment of Council Decision 2011/273/CFSP of 9 May 2011 concerning restrictive measures against Syria, Council Regulation (EU) No 442/2011 of 9 May 2011 concerning restrictive measures in view of the situation in Syria, Council Implementing Decision 2011/302/CFSP of 23 May 2011 implementing Decision 2011/273, Council Implementing Regulation (EU) Noo504/2011 of 23 May 2011 implementing Regulation No 442/2011, Council Implementing Decision 2011/488/CFSP of 1 August 2011 implementing Decision 2011/273, Council Implementing Reg
  • Judgment Of The General Court (Seventh Chamber) 30 April 2015 Judgment · Grade B
    By application lodged at the Court Registry on 28 September 2011, the applicant brought an action for the annulment of Decision 2011/522, Regulation No 878/2011, Council Decision 2011/684/CFSP of 13 October 2011 amending Decision 2011/273 (OJ 2011 L 269, p. 33), and Council Regulation (EU) No 1011/2011 of 13 October 2011 amending Regulation No 442/2011 (OJ 2011 L 269, p. 18) to the extent that they concern him, and any subsequent legislation designed to maintain those acts to the extent that those acts concern him.
  • Action brought on 22 November 2011 — Anbouba v Council (Case T-592/11) Notice · Grade B
    Annul in part Council Decision 2011/684/CFSP of 13 October 2011, and Regulation (EU) No 1011/2011 of 13 October 2011 by deleting the listing of Mr Issam Anbouba and references to him as supporting the current regime in Syria;
  • Action brought on 22 November 2011 — Anbouba v Council (Case T-592/11) Notice · Grade B
    Failing that, annul Council Decision 2011/684/CFSP of 13 October 2011 and Regulation (EU) No 1011/2011 of 13 October 2011 concerning restrictive measures in view of the situation in Syria;
  • Judgment of the General Court of 12 February 2015 — Akhras v Council (Case T-579/11) Notice · Grade B
    (Common foreign and security policyFreezing of fundsRights of the defenceObligation to state reasonsManifest error of assessmentRight to lifeRight to propertyRight to respect for private lifeProportionality)2015/C 107/30Language of the case: English Applicant: Tarif Akhras (Homs, Syria) (represented by: by S. Ashley, S. Millar, S. Jeffrey, A. Irvine, Solicitors, D. Wyatt QC, and R. Blakeley, Barrister) Defendant: Council of the European Union (represented initially by: M. Bishop, F. Naert and M.-M. Joséphidès, and subsequently by M. Bishop and M. M. Joséphidès, acting as Agents) Intervener in
  • Judgment of the General Court of 12 February 2015 — Akhras v Council (Case T-579/11) Notice · Grade B
    Annuls Council Decision 2011/522/CFSP of 2 September 2011 amending Decision 2011/273/CFSP concerning restrictive measures against Syria, Council Regulation (EU) No 878/2011 of 2 September 2011 amending Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria, Council Decision 2011/628/CFSP of 23 September 2011 amending Decision 2011/273/CFSP concerning restrictive measures against Syria, Council Regulation (EU) No 1011/2011 of 13 October 2011 amending Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria, Council Deci
  • Judgment of the General Court of 13 November 2014 — Hamcho and Hamcho International v Council (Case T-43/12) Notice · Grade B
    (Common foreign and security policyRestrictive measures adopted against SyriaFreezing of fundsAction for annulmentPeriod for bringing proceedingsPartial inadmissibilityLocus standiBurden of proofAdjustment of temporal effects of annulment)2015/C 007/31Language of the case: French Applicant: Mohamad Hamcho (Damascus, Syria) and Hamcho International (Damascus) (represented by: M. Ponsard, D. Amaudruz and A. Boesch, lawyers) Defendant: Council of the European Union (represented initially by G. Étienne and S. Kyriakopoulou, then by G. Étienne, S. Kyriakopoulou and B. Driessen and last by G. Étienn
  • Judgment of the General Court of 13 November 2014 — Hamcho and Hamcho International v Council (Case T-43/12) Notice · Grade B
    Dismisses the action as being inadmissible in so far as it seeks the annulment of Council Decision 2011/273/CFSP of 9 May 2011 concerning restrictive measures against Syria, Council Regulation (EU) No 442/2011 of 9 May 2011 concerning restrictive measures in view of the situation in Syria, Council Implementing Decision 2011/488/CFSP of 1 August 2011 implementing Decision 2011/273, Council Implementing Regulation (EU) No 755/2011 of 1 August 2011 implementing Regulation No 442/2011, Council Implementing Decision 2011/515/CFSP of 23 August 2011 implementing Decision 2011/273, Council Implementin
  • Order of the President of the General Court of 12 December 2011 — Akhras v Council (Case T-579/11 R) Notice · Grade B
    Interim measuresCommon foreign and security policyRestrictive measures against SyriaFreezing of funds and economic resourcesApplication for suspension of operation and provisional measuresLack of urgencyLack of serious and irreparable harm2012/C 39/31Language of the case: English Applicant: Tarif Akhras (Homs, Syria) (represented by: S. Ashley and S. Millar, Solicitors, D. Wyatt QC and R. Blakeley, Barrister) Defendant: Council of the European Union (represented by: M. Bishop and M.-M. Joséphidès, acting as Agents) In essence, application for provisional measures and suspension of operation of
  • Judgment of the General Court of 13 September 2013 — Anbouba v Council (Case T-592/11) Notice · Grade B
    Common foreign and security policyRestrictive measures against SyriaFreezing of funds and economic resourcesPresumption of innocenceBurden of proofManifest error of assessmentRights of defenceObligation to state reasons2013/C 313/49Language of the case: French Applicant: Issam Anbouba (Homs, Syria) (represented by: M.-A. Bastin, J.-M. Salva and J.-N. Louis, lawyers) Defendant: Council of the European Union (represented: initially by R. Liudvinaviciute-Cordeiro and M.-M. Joséphidès, then R. Liudvinaviciute-Cordeiro and A. Vitro, Agents) First, application for annulment of Council Decision 2011/
  • Judgment of the Court (Third Chamber) 7 April 2016 Judgment · Grade B
    Council Decision 2011/628/CFSP of 23 September 2011 amending Decision 2011/273 (OJ 2011 L 247, p. 17) and Council Regulation (EU) No 1011/2011 of 13 October 2011 amending Regulation No 442/2011 (OJ 2011 L 269, p. 18) maintained the listing of Mr Akhras in the list of persons and entities subject to restrictive measures and added information on his date and place of birth.
  • Judgment of the Court (Grand Chamber) 21 April 2015 Judgment · Grade B
    By his appeal, Mr Anbouba requests the Court to set aside the judgment of the General Court of the European Union of 13 September 2013 in Anbouba v Council (T‑592/11, EU:T:2013:427; the judgment under appeal), by which the General Court dismissed his action for annulment of: Council Decision 2011/684/CFSP of 13 October 2011 amending Decision 2011/273/CFSP concerning restrictive measures against Syria (OJ 2011 L 269, p. 33); Council Decision 2011/782/CFSP of 1 December 2011 concerning restrictive measures against Syria and repealing Decision 2011/273/CFSP (OJ 2011 L 319, p. 56); Council Regulat
  • Judgment of the Court (Grand Chamber) 21 April 2015 Judgment · Grade B
    Council Decision 2011/628/CFSP of 23 September 2011 amending Decision 2011/273 (OJ 2011 L 247, p. 17) and Regulation No 1011/2011 retained Mr Anbouba’s name on the lists at issue and inserted information relating to his place and date of birth.
  • Judgment of the General Court (Seventh Chamber) 13 November 2014 Judgment · Grade B
    In Case T‑653/11, Aiman Jaber, residing in Lattakia (Syria), represented by M. Ponsard, D. Amaudruz and A. Boesch, lawyers, applicant,v Council of the European Union, represented by B. Driessen and S. Kyriakopoulou, acting as Agents, defendant, APPLICATION for annulment of Council Decision 2011/273/CFSP of 9 May 2011 concerning restrictive measures against Syria (OJ 2011 L 121, p. 11), Council Regulation (EU) No 442/2011 of 9 May 2011 concerning restrictive measures in view of the situation in Syria (OJ 2011 L 121, p. 1), Council Implementing Decision 2011/302/CFSP of 23 May 2011 implementing
  • Judgment of the General Court (Seventh Chamber) 13 November 2014 Judgment · Grade B
    Decision 2011/273 and Regulation No 442/2011 were also implemented or amended, in particular, by the following acts, which do not mention the applicant’s name in the lists annexed thereto: Council Implementing Decision 2011/302/CFSP of 23 May 2011 implementing Decision 2011/273 (OJ 2011 L 136, p. 91) and Council Implementing Regulation (EU) No 504/2011 of 23 May 2011 implementing Regulation No 442/2011 (OJ 2011 L 136, p. 45); Council Implementing Decision 2011/367/CFSP of 23 June 2011 implementing Decision 2011/273 (OJ 2011 L 164, p. 14) and Council Implementing Regulation (EU) No 611/2011 of
  • Judgment of the General Court (Seventh Chamber) 13 November 2014 Judgment · Grade B
    The applicant contends that the Court should: annul, in so far as they concern him, Decision 2011/273, Regulation No 442/2011, Implementing Decision 2011/302, Implementing Regulation No 504/2011, Implementing Decision 2011/367, Implementing Regulation No 611/2011, Implementing Decision 2011/488, Implementing Regulation No 755/2011, Implementing Decision 2011/515, Implementing Regulation No 843/2011, Decision 2011/522, Regulation No 878/2011, Decision 2011/628, Regulation No 950/2011, Decision 2011/684, Regulation No 1011/2011, Decision 2011/735, Implementing Decision 2011/736, Regulation No 11
  • Judgment of the General Court (Seventh Chamber) 13 November 2014 Judgment · Grade B
    Dismisses the action as being inadmissible in so far as it seeks the annulment of Council Decision 2011/273/CFSP of 9 May 2011 concerning restrictive measures against Syria, Council Regulation (EU) No 442/2011 of 9 May 2011 concerning restrictive measures in view of the situation in Syria, Council Implementing Decision 2011/302/CFSP of 23 May 2011 implementing Decision 2011/273, Council Implementing Decision 2011/367/CFSP of 23 June 2011 implementing Decision 2011/273, Council Implementing Regulation (EU) No 504/2011 of 23 May 2011 implementing Regulation No 442/2011, Council Implementing Regu
  • Action brought on 28 November 2011 — Al-Chihabi v Council (Case T-593/11) Notice · Grade B
    Annul Council Regulation (EU) No 878/2011 of 2 September 2011 and Council Regulation (EU) No 1011/2011 of 13 October 2011, as well as Council Decision 2011/522/CFSP of 2 September 2011 and Council Decision 2011/684/CFSP of 13 October 2011, and any later legislation to the extent they perpetuate and/or replace the restrictive measures, in so far as they relate to the applicant; and