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Council Regulation (EU) No 545/2012 of 25 June 2012 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

In forceVersion 2012-06-25from 2012-06-26
Grade B

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

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 2011/782/CFSP of 1 December 2011 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 18 January 2012 the Council adopted Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria with a view to giving effect to most of the measures provided for in Decision 2011/782/CFSP. That Regulation prohibits, inter alia, the provision of certain financing and financial assistance related to goods subject to an export prohibition.

(2) Decision 2012/322/CFSP amending Decision 2011/782/CFSP, further develops the application of restrictive measures related to financial assistance in the context of the arms embargo.

(3) Those measures fall 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 them, in particular with a view to ensuring their uniform application by economic operators in all Member States.

(4) Regulation (EU) No 36/2012 should therefore be amended accordingly.

(5) In order to ensure that the measures provided for in this Regulation are effective, this Regulation should enter into force immediately,

HAS ADOPTED THIS REGULATION:

Article 1

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

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

1. It shall be prohibited:

(a) to provide, directly or indirectly, technical assistance related to the goods and technology listed in the Common Military List of the European Union (Common Military List) or related to the provision, manufacture, maintenance and use of goods included in that list, to any person, entity or body in Syria or for use in Syria;

(b) to provide, directly or indirectly, technical assistance or brokering services related to equipment, goods or technology which might be used for internal repression or for the manufacture and maintenance of products which could be used for internal repression as listed in Annex I or IA, to any person, entity or body in Syria or for use in Syria;

(c) to provide, directly or indirectly, financing or financial assistance related to the goods and technology listed in the Common Military List, or in Annex I or IA, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance, for any sale, supply, transfer or export of such items, or for any provision of related technical assistance to any person, entity or body in Syria or for use in Syria;

(d) to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in points (a) to (c).

(2) Article 3, paragraph 4 is replaced by the following:

4. Prior authorisation from the competent authority of the relevant Member State, as identified on the websites referred to in Annex III shall be required for the provision of: The competent authorities shall not grant any authorisation for the transactions referred to inthe first subparagraph, if they have reasonable grounds to determine that those transactions are or may be intended to contribute to internal repression or for the manufacture and maintenance of products which might be used for internal repression..

(a) technical assistance or brokering services related to equipment, goods or technology listed in Annex IX and to the provision, manufacture, maintenance and use of such equipment, goods and technology, directly or indirectly to any person, entity or body in Syria or for use in Syria;

(b) financing or financial assistance related to goods and technology referred to in Annex IX, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance, for any sale, supply, transfer or export of such goods and technology, or for any provision of related technical assistance to any person, entity or body in Syria or for use in Syria.

Article 2

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, 25 June 2012. For the Council The President C. Ashton

Versions

  1. 2012-06-25

Cited by

  • 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 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
  • 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 2011/782 and Regulation No 36/2012 were also implemented or amended, in particular, by the following acts, which do not mention the applicant’s name in the annexed lists: Council Decision 2012/122/CFSP of 27 February 2012 amending Decision 2011/782 (OJ 2012 L 54, p. 14), and Council Regulation (EU) No 168/2012 of 27 February 2012 amending Regulation No 36/2012 (OJ 2012 L 54, p. 1); Council Implementing Decision 2012/172/CFSP of 23 March 2012 implementing Decision 2011/782 (OJ 2012 L 87, p. 103), and Council Implementing Regulation (EU) No 266/2012 of 23 March 2012 implementing Article
  • Judgment of the General Court (Seventh Chamber) 13 November 2014 Judgment · Grade B
    By document lodged at the Registry of the General Court on 31 July 2012, the applicant amended his heads of claim, also seeking the annulment of Regulation No 509/2012, Decision 2012/322, Implementing Decision 2012/335, Implementing Regulation No 2012/544, Regulation No 545/2012, Implementing Regulation No 673/2012, Decision 2012/420 and Implementing Decision 2012/424. By letter lodged at the Registry of the General Court on 9 August 2012, the Council objected to the amendment of the heads of claim in so far as those acts did not mention the applicant.
  • 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
    The Council claims that the Court should: declare as inadmissible the amendment of the heads of claim concerning Regulation No 36/2012, Decision 2012/206, Implementing Regulation No 410/2012, Implementing Decision 2012/256, Regulation No 509/2012, Decision 2012/322, Implementing Decision 2012/335, Implementing Regulation No 2012/544, Regulation No 545/2012, Implementing Regulation No 673/2012, Decision 2012/420 and Implementing Decision 2012/424; dismiss the action; order the applicant to pay the costs.
  • 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
  • Judgment of the General Court of 13 November 2014 — Jaber v Council (Case T-653/11) 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 007/28Language of the case: French Applicant: Aiman Jaber (Lattakia, Syria) (represented by: M. Ponsard, D. Amaudruz and A. Boesch, lawyers) Defendant: Council of the European Union (represented by: B. Driessen and S. Kyriakopoulou, agents) Application for annulment of Council Decision 2011/273/CFSP of 9 May 2011 concerning restrictive measures against
  • Judgment of the General Court of 13 November 2014 — Jaber v Council (Case T-653/11) 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 Decision 2011/367/CFSP of 23 June 2011 implementing Decision 2011/273, Council Implementing Regulation (EU) Noo504/2011 of 23 May 2011 implementing Regulation No 442/2011, Council Implementing Regu