13.10.2015   

EN

Official Journal of the European Union

L 266/1

(1)

Council Regulation (EU) No 36/2012 (2) gives effect to most of the measures provided for in Decision 2013/255/CFSP.

(2)

On 12 October 2015, the Council adopted Decision (CFSP) 2015/1836 (3) amending Decision 2013/255/CFSP. Decision (CFSP) 2015/1836 sets out the criteria for listing persons, entities and bodies in Annexes I and II of that Decision. The reasons for those listings are provided in the recitals of Decision (CFSP) 2015/1836 and Decision 2013/255/CFSP.

(3)

The asset freeze 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.

(4)

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

(1)

In Article 15, the following paragraphs are added:

‘1a.   The list in Annex II shall also consist of natural or legal persons, entities and bodies who, in accordance with Article 28(2) of Council Decision 2013/255/CFSP (4), have been identified by the Council as falling within one of the following categories:

and natural or legal persons and entities associated with them, and to whom Article 21 of this Regulation does not apply.

1b.   Persons, entities and bodies within one of the categories referred to in paragraph 1a shall not be included or retained on the list of persons, entities and bodies in Annex II if there is sufficient information that they are not, or are no longer, associated with the regime or do not exercise influence over it or do not pose a real risk of circumvention.

(4)  Council Decision 2013/255/CFSP of 31 May 2013 on restrictive measures against Syria (OJ L 147, 1.6.2013, p. 14).’."

(2)

Article 32(2) is replaced by the following:

‘2.   The Council shall communicate its decision on the listing referred to in paragraph 1 of this Article, including the grounds therefor, to the person, entity or body concerned, either directly, if the address is known, or through the publication of a notice, providing such person, entity or body with an opportunity to present its observations. In particular, where a person, entity or body is listed in Annex II on the basis that they fall within one of the categories of persons, entities or bodies set out in Article 15(1a), the person, entity or body may present evidence and observations as to why, although they fall within such a category, they consider that their designation is not justified.’.

(3)

The title of Annex II is replaced by the following:

‘ANNEX II

List of natural and legal persons, entities or bodies referred to in Articles 14, 15(1)(a) and 15(1a)’.