HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
25.9.2012 Official
Journal
of
the
European
Union L
257/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL REGULATION (EU) No 867/2012
of 24 September 2012
amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in
Syria
THE COUNCIL OF THE EUROPEAN UNION,
connection with the provision of financial support to
Syrian nationals pursuing an education, professional
Having regard to the Treaty on the Functioning of the European
training or engaged in academic research in the Union.
Union, and in particular Article 215 thereof,
(5) Provisions
providing
for
derogations
from
the
freezing
of
funds and economic resources of the Central Bank of
Having regard to Council Decision 2011/782/CFSP of
Syria should be amended.
1 December 2011 concerning restrictive measures against
Syria ( 1 ),
(6)
Some of those measures fall within the scope of the
Treaty on the Functioning of the European Union and
Having regard to the joint proposal from the High Represen
regulatory action at the level of the Union is therefore
tative of the Union for Foreign Affairs and Security Policy and
necessary in order to implement them, in particular with
the European Commission,
a view to ensuring their uniform application by
economic operators in all Member States.
Whereas:
(7)
For the same reason, an amendment is necessary in order
(1) On
18
January
2012
the
Council
adopted
Regulation
to clarify the scope of Regulation (EU) No 36/2012.
(EU) No 36/2012 concerning restrictive measures in
view of the situation in Syria ( 2 ) with a view to giving
(8) Regulation
(EU)
No
36/2012
should
therefore
be
effect to most of the measures provided for in Decision
amended accordingly,
2011/782/CFSP.
HAS ADOPTED THIS REGULATION:
(2) Council
Decision
2012/420/CFSP
of
23
July
2012
amending Decision 2011/782/CFSP concerning
Article 1
restrictive measures against Syria ( 3 ) provides for an
additional measure, namely that Member States should
Regulation (EU) No 36/2012 is hereby amended as follows:
inspect all vessels and aircraft bound for Syria if they
have information that provides reasonable grounds to
(1) in Article 1 the following point is inserted:
believe that the cargo contains items whose supply,
sale, transfer or export is prohibited or subject to auth
orisation.
‘(r) “customs territory of the Union” means the territory as

defined in Article 3 of Council Regulation (EEC) No
2913/92 of 12 October 1992 establishing the
(3) In
relation
to
that
measure,
Decision
2012/420/CFSP
Community Customs Code (*).
also provides that aircraft and vessels transporting
cargo to Syria be subject to the requirement of additional
___________
pre-arrival or pre-departure information for all goods
brought into or out of a Member State.
(*) OJ L 302, 19.10.1992, p. 1.’;
(4) Furthermore,
Decision
2012/420/CFSP
provides
for
a (2) the following Article is inserted:
derogation from the freezing of funds and economic
‘Article 2c
resources in relation to a transfer of funds due in
1. The
rules
governing
the
obligation
to
provide
advance
information as determined in the relevant provisions
( 1 ) OJ L 319, 2.12.2011, p. 56.
( 2 ) OJ L 16, 19.1.2012, p. 1.
concerning summary declarations as well as customs declar
( 3 ) OJ L 196, 24.7.2012, p. 59.
ations in Regulation (EEC) No 2913/92 and in Commission

---

L 257/2
EN
Official Journal of the European Union
25.9.2012
Regulation (EEC) No 2454/93 of 2 July 1993 laying down
financial entity listed in Annex II or IIa of funds or
provisions for the implementation of Council Regulation
economic resources, where the transfer is related to a
(EEC) No 2913/92 (*) apply to all goods leaving the
payment by a person or entity not listed in Annex II or
customs territory of the Union to Syria.
IIa in connection with the provision of financial support to
Syrian nationals pursuing an education, professional
training or engaged in academic research in the Union,
The person or entity who provides that information shall
provided that the competent authority of the relevant
also present any authorisations if required by this Regu
Member State has determined, on a case-by-case basis,
lation.
that the payment will not directly or indirectly be
received by a person or entity listed in Annex II or IIa.’;
2. The
seizure
and
disposal
of
equipment,
goods
or
tech
nology, the supply, sale, transfer or export of which is
(5) Article 21a is replaced by the following:
prohibited by Articles 2 and 2a of this Regulation may,
in accordance with national legislation or the decision of
‘Article 21a
a competent authority, be carried out at the expense of the
person or entity referred to in paragraph 1 or, if it is not
1. By
way
of
derogation
from
Article
14,
the
competent
possible to recover these expenses from that person or
authorities of the Member States, as identified on the
entity, the expenses may, in accordance with national legis
websites listed in Annex III, may authorise, under such
lation, be recovered from any person or entity who assumes
conditions as they deem appropriate:
responsibility for the carriage of the goods or equipment in
the attempted illicit supply, sale, transfer or export.
(a) a transfer by or through the Central Bank of Syria of
funds or economic resources received and frozen after
___________
the date of its designation where the transfer is related
to a payment due in connection with a specific trade
(*) OJ L 253, 11.10.1993, p. 1.’;
contract; or
(b) a transfer of funds or economic resources to or through
(3) Article 12, paragraph 1 is replaced by the following:
the Central Bank of Syria where the transfer is related to
a payment due in connection with a specific trade
‘1. It
shall
be
prohibited:
contract;
provided that the competent authority of the relevant
(a) to sell, supply, transfer or export equipment or tech
Member State has determined, on a case-by-case basis,
nology as listed in Annex VII to be used in the
that the payment will not directly or indirectly be
construction or installation in Syria of new power
received by any person or entity listed in Annex II or IIa
plants for electricity production;
and provided that the transfer is not otherwise prohibited
by this Regulation.
(b) to provide, directly or indirectly, technical assistance,
financing or financial assistance, including financial
2. By
way
of
derogation
from
Article
14,
the
competent
derivatives, as well as insurance or reinsurance in
authorities of the Member States, as identified on the
relation to any project referred to in point (a).’;
websites listed in Annex III, may authorise, under such
conditions as they deem appropriate, a transfer made by
or through the Central Bank of Syria of frozen funds or
(4) the following Article is inserted:
economic resources in order to provide financial institutions
within the jurisdiction of the Member States with liquidity
‘Article 20a
for the financing of trade.’.
By way of derogation from Article 14, the competent auth
Article 2
orities of the Member States, as identified on the websites
listed in Annex III, may authorise, under such conditions as
This Regulation shall enter into force on the day following that
they deem appropriate, the transfer by or through a
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, 24 September 2012.
For the Council
The President
A. D. MAVROYIANNIS

---

Document Outline

• �

---