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14.12.2013 Official
Journal
of
the
European
Union
L
335/3
COUNCIL REGULATION (EU) No 1332/2013
of 13 December 2013
amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in
Syria
THE COUNCIL OF THE EUROPEAN UNION,
in connection with a specific trade contract for medical
supplies, food, shelter, sanitation or hygiene for civilian
use.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 215 thereof,
(6) The
abovementioned
measures
fall
within
the
scope
of
the Treaty and, therefore, in particular with a view to
Having regard to Council Decision 2013/255/CFSP of 31 May
ensuring their uniform application by economic
2013 concerning restrictive measures against Syria ( 1 ),
operators in all Member States, action at the level of
the Union is necessary in order to implement them.
Having regard to the joint proposal from the High Represen
tative of the Union for Foreign Affairs and Security Policy and
(7) Council
Regulation
(EU)
No
36/2012
( 3 ) should therefore
the European Commission,
be amended accordingly,
HAS ADOPTED THIS REGULATION:
Whereas:
Article 1
(1) On
13
December
2013
the
Council
adopted
Decision Regulation (EU) No 36/2012 is amended as follows:
2013/760/CFSP ( 2 ) amending Decision 2013/255/CFSP.
(1) In Article 2a, the following paragraph is inserted:
(2) Derogation
from
the
prohibition
of
financing
and
financial assistance relating to certain goods and tech
"3. By way of derogation from paragraph 1(a), the
nology should be provided with regard to activities
competent authorities of the Member States, as identified
undertaken by the Organisation for the Prohibition of
on the websites listed in Annex III, may grant, under such
Chemical Weapons (OPCW) in accordance with
conditions as they deem appropriate, an authorisation for
paragraph 10 of United Nations (UN) Security Council
sale, supply, transfer or export of equipment, goods or tech
Resolution 2118(2013).
nology as listed in Annex IA undertaken in accordance with
paragraph 10 of UN Security Council Resolution
(3)
In order to facilitate the safe return to their legitimate
2118(2013) and relevant decisions of the Executive
owners of goods constituting Syrian cultural heritage
Council of the Organisation for the Prohibition of
which have been illegally removed from Syria, it is
Chemical Weapons (OPCW), consistent with the objective
necessary to provide for additional restrictive measures
of the Convention on the Prohibition of the Development,
in order to prohibit the import, export or transfer of
Production, Stockpiling and Use of Chemical Weapons and
such goods.
on their Destruction (Chemical Weapons Convention) and
after consultation with the OPCW.";
(4) Derogation
from
the
freezing
of
funds
or
economic (2) in Article 3, the following paragraph is inserted:
resources necessary for humanitarian assistance should
only be granted if funds or economic resources are
released to the UN for the purpose of delivering such
"5. By
way
of
derogation
from
points
(a)
and
(b)
of
assistance in accordance with the Syria Humanitarian
paragraph 1, the competent authorities of the Member
Assistance Response Plan (SHARP). When considering
States, as identified on the websites listed in Annex III,
requests for authorisation, competent authorities should
may grant, under such conditions as they deem appropriate,
take into account the humanitarian principles of
an authorisation for the provision of technical assistance,
humanity, neturality, impartiality and independence as
brokering services, financing or financial assistance related
set out in the European Consensus on Humanitarian Aid.
to equipment, goods or technology as listed in Annex IA
where such technical assistance, brokering services,
financing or financial assistance is provided for the sale,
(5) It
is
necessary
to
provide
for
an
additional
derogation
supply, transfer or export of such equipment, goods or
from the asset freeze and the prohibition of making
technology undertaken in accordance with paragraph 10
funds or economic resources available in order to allow
of UN Security Council Resolution 2118(2013) and
transfers by a non-designated person or entity to a non-
relevant decisions of the Executive Council of the OPCW,
designated person or entity, through a designated entity,
consistent with the objective of Chemical Weapons
Convention and after consultation with the OPCW.";
( 1 ) OJ L 147, 1.6.2013, p. 14.
( 2 ) Council Decision 2013/760/CFSP of 13 December 2013 amending
( 3 ) Regulation (EU) No 36/2012 of 18 January 2012 concerning
Decision 2013/255/CFSP concerning restrictive measures against
restrictive measures in view of the situation in Syria and repealing
Syria (see page 50 of this Official Journal).
Regulation (EU) No 442/2011 (OJ L 16, 19.1.2012, p. 1).

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L 335/4
EN
Official Journal of the European Union
14.12.2013
(3) the following Article is inserted:
(7) the following Article is inserted:
"Article 3b
"Article 16a
Article 3a shall not apply to the provision of financing or
1. Authorisations
granted
under
point
(f)
of
the
first
financial assistance, including financial derivatives, as well as
paragraph of Article 16 before 15 December 2013 shall
insurance and reinsurance and brokering services relating to
not be affected by the modifications to point (f) of the
insurance and reinsurance for any import or transport of
first paragraph of Article 16 provided for in Council Regu
goods and technology listed in the Common Military List if
lation (EU) No 1332/2013 ( 1 ).
they originate in Syria, or are being exported from Syria to
any other country, undertaken in accordance with
2. Requests
for
authorisations
under
point
(f)
of
the
first
paragraph 10 of UN Security Council Resolution
paragraph of Article 16 submitted before 15 December
2118(2013) and relevant decisions of the Executive
2013 shall be considered withdrawn unless the person,
Council of the OPCW, consistent with the objective of the
entity or body confirms its intention to maintain the
Chemical Weapons Convention.";
request after that date.
___________
(4) the following Article is inserted:
( 1 ) Council Regulation (EU) No 1332/2013 of 13 December
2013 amending Regulation (EU) No 36/2012
"Article 11c
concerning restrictive measures in view of the situation
in Syria (OJ L 335, 14.12.2013, p. 3)."
1. It
shall
be
prohibited
to
import,
export,
transfer,
or
provide brokering services related to the import, export or
transfer of, Syrian cultural property goods and other goods
of archaeological, historical, cultural, rare scientific or
(8) the following Article is inserted:
religious importance, including those listed in Annex XI,
where there are reasonable grounds to suspect that the
"Article 21c
goods have been removed from Syria without the consent
1. By
way
of
derogation
from
Article
14,
the
competent
of their legitimate owner or have been removed in breach
authorities of the Member States, as identified on the
of Syrian law or international law, in particular if the goods
websites listed in Annex III, may authorise, under such
form an integral part of either the public collections listed
conditions as they deem appropriate:
in the inventories of the conservation collections of Syrian
museums, archives or libraries, or the inventories of Syrian
religious institutions.
(a) a transfer by or through the Commercial Bank of Syria
of funds or economic resources received from outside of
the territory of the Union and frozen after the date of
2. The
prohibition
in
paragraph
1
shall
not
apply
if
it
is
its designation where the transfer is related to a
demonstrated that:
payment due in connection with a specific trade
contract for medical supplies, food, shelter, sanitation
or hygiene for civilian use; or
(a) the goods were exported from Syria prior to 9 May
2011; or
(b) a transfer of funds or economic resources from outside
of the territory of the Union to or through the
(b) the goods are being safely returned to their legitimate
Commercial Bank of Syria where the transfer is related
owners in Syria.";
to a payment due in connection with a specific trade
contract for the purpose of meeting essential civilian
needs, including medical supplies, food, shelter, sani
(5) in the first paragraph of Article 16, point (f) is replaced by
tation or hygiene for civilian use;
the following:
provided that the competent authority of the relevant
"(f) necessary for humanitarian purposes, such as delivering
Member State has determined, on a case-by-case basis,
or facilitating the delivery of assistance, including
that the payment will not directly or indirectly be
medical supplies, food, humanitarian workers and
received by any person or entity listed in Annex II or IIa
related assistance, and provided that, in the case of
and provided that the transfer is not otherwise prohibited
release of frozen funds or economic resources, the
by this Regulation.
funds or economic resources are released to the UN
for the purpose of delivering or facilitating the
2. The
Member
State
concerned
shall
inform
the
other
delivery of assistance in Syria in accordance with the
Member States and the Commission, within four weeks, of
Syria Humanitarian Assistance Response Plan
any authorisation granted under this Article.";
(SHARP);";
(9) the Annex to this Regulation is added as Annex XI.
(6) in the first paragraph of Article 16, the following point is
added:
Article 2
This Regulation shall enter into force on the day following that
"(h) necessary for evacuations from Syria.";
of its publication in the Official Journal of the European Union.

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EN
14.12.2013 Official
Journal
of
the
European
Union
L
335/5
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 December 2013.
For the Council
The President
V. MAZURONIS

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L 335/6
EN
Official Journal of the European Union
14.12.2013
ANNEX
‘ANNEX XI
List of categories of goods referred to in Article 11c
ex CN code Product
description
9705 00 00 1.
Archaeological
objects
more
than
100
years
old
which
are
the
products
of:
9706 00 00 —
excavations
and
finds
on
land
or
under
water
— archaeological sites
— archaeological collections
9705 00 00
2. Elements forming an integral part of artistic, historical or religious monuments which have been
9706 00 00
dismembered, of an age exceeding 100 years
9701 3.
Pictures
and
paintings,
other
than
those
included
in
category
4
or
5,
executed
entirely
by
hand
in any medium and on any material ( 1 )
9701 4.
Water-colours,
gouaches
and
pastels
executed
entirely
by
hand
on
any
material
( 1 )
6914
5. Mosaics in any material executed entirely by hand, other than those falling in category 1 or 2,
9701
and drawings in any medium executed entirely by hand on any material ( 1 )
Chapter 49
6. Original engravings, prints, serigraphs and lithographs with their respective plates and original
9702 00 00
posters ( 1 )
8442 50 80
9703 00 00 7.
Original
sculptures
or
statuary
and
copies
produced
by
the
same
process
as
the
original
( 1 ) other
than those in category 1
3704
8. Photographs, films and negatives thereof ( 1 )
3705
3706
4911 91 00
9702 00 00
9. Incunabula and manuscripts, including maps and musical scores, singly or in collections ( 1 )
9706 00 00
4901 10 00
4901 99 00
4904 00 00
4905 91 00
4905 99 00
4906 00 00
9705 00 00
10. Books more than 100 years old, singly or in collections
9706 00 00
9706 00 00
11. Printed maps more than 200 years old
3704
12. Archives, and any elements thereof, of any kind or any medium which are more than 50 years
3705
old
3706
4901
4906
9705 00 00
9706 00 00

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EN
14.12.2013 Official
Journal
of
the
European
Union
L
335/7
ex CN code Product
description
9705 00 00 13.
(a)
Collections
( 2 ) and specimens from zoological, botanical, mineralogical or anatomical collec
tions;
9705 00 00 (b)
Collections
( 2 ) of historical, palaeontological, ethnographic or numismatic interest
9705 00 00
14. Means of transport more than 75 years old
Chapters 86-89
15. Any other antique items not included in categories 1 to 14
(a) between 50 and 100 years old:
Chapter 95 —
toys,
games
7013 —
glassware
7114 —
articles
of
goldsmiths'
or
silversmiths'
wares
Chapter 94 —
furniture
Chapter 90 —
optical,
photographic
or
cinematographic
apparatus
Chapter 92 —
musical
instruments
Chapter 91
— clocks and watches and parts thereof
Chapter 44 —
articles
of
wood
Chapter 69 —
pottery
5805 00 00 —
tapestries
Chapter 57 —
carpets
4814 —
wallpaper
Chapter 93 —
arms
9706 00 00 (b)
more
than
100
years
old.
___________
( 1 ) Which are more than 50 years old and do not belong to their originators.
( 2 ) As defined by the Court of Justice in its judgment in Case 252/84 as follows: 'Collectors' pieces within the meaning of
heading No 97.05 of the Common Customs Tariff are articles which possess the requisite characteristics for inclusion
in a collection, that is to say, articles which are relatively rare, are not normally used for their original purpose, are the
subject of special transactions outside the normal trade in similar utility articles and are of high value.’

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