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26.6.2012 Official
Journal
of
the
European
Union L
165/23
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
THE COUNCIL OF THE EUROPEAN UNION,
"1. It
shall
be
prohibited:
Having regard to the Treaty on the Functioning of the European
(a) to provide, directly or indirectly, technical assistance
Union, and in particular Article 215 thereof,
related to the goods and technology listed in the
Common Military List of the European Union (*)
('Common Military List') or related to the provision,
Having regard to Council Decision 2011/782/CFSP of
manufacture, maintenance and use of goods included
1 December 2011 concerning restrictive measures against
in that list, to any person, entity or body in Syria or
Syria ( 1 ),
for use in Syria;
Having regard to the joint proposal from the High Represen
(b) to provide, directly or indirectly, technical assistance or
tative of the Union for Foreign Affairs and Security Policy and
brokering services related to equipment, goods or tech
the European Commission,
nology which might be used for internal repression or
for the manufacture and maintenance of products which
Whereas:
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;
(1) On
18
January
2012
the
Council
adopted
Regulation
(EU) No 36/2012 concerning restrictive measures in
(c) to provide, directly or indirectly, financing or financial
view of the situation in Syria ( 2 ) with a view to giving
assistance related to the goods and technology listed in
effect to most of the measures provided for in Decision
the Common Military List, or in Annex I or IA,
2011/782/CFSP. That Regulation prohibits, inter alia, the
including in particular grants, loans and export credit
provision of certain financing and financial assistance
insurance, as well as insurance and reinsurance, for any
related to goods subject to an export prohibition.
sale, supply, transfer or export of such items, or for any
provision of related technical assistance to any person,
(2) Decision 2012/322/CFSP amending Decision
entity or body in Syria or for use in Syria;
2011/782/CFSP ( 3 ), further develops the application of
restrictive measures related to financial assistance in the
(d) to participate, knowingly and intentionally, in activities
context of the arms embargo.
the object or effect of which is to circumvent the
prohibitions referred to in points (a) to (c).
(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
(*) OJ C 86, 18.3.2011, p. 1.";
to implement them, in particular with a view to ensuring
their uniform application by economic operators in all
Member States.
(2) Article 3, paragraph 4 is replaced by the following:
(4) Regulation
(EU)
No
36/2012
should
therefore
be
"4. Prior
authorisation
from
the
competent
authority
of
amended accordingly.
the relevant Member State, as identified on the websites
referred to in Annex III shall be required for the
provision of:
(5) In
order
to
ensure
that
the
measures
provided
for
in
this
Regulation are effective, this Regulation should enter into
force immediately,
(a) technical assistance or brokering services related to
equipment, goods or technology listed in Annex IX
and to the provision, manufacture, maintenance and
HAS ADOPTED THIS REGULATION:
use of such equipment, goods and technology, directly
or indirectly to any person, entity or body in Syria or
Article 1
for use in Syria;
Regulation (EU) No 36/2012 is hereby amended as follows:
(b) financing or financial assistance related to goods and
technology referred to in Annex IX, including in
(1) Article 3, paragraph 1 is replaced by the following:
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
( 1 ) OJ L 319, 2.12.2011, p. 56.
( 2 ) OJ L 16, 19.1.2012, p. 1.
any provision of related technical assistance to any
( 3 ) See page 45 of this Official Journal.
person, entity or body in Syria or for use in Syria.

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L 165/24
EN
Official Journal of the European Union
26.6.2012
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.".
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

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Document Outline

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