理事会条例(EU) No 325/2013，修订关于针对利比亚局势而采取限制性措施的条例(EU) No 36/2012

技术法规类型：欧盟Eurlex法规来源：tbtmap

EURLEX ID：32013R0325

OJ编号：OJ L 102, 11.4.2013, p. 1-5

中文标题：理事会条例(EU) No 325/2013，修订关于针对利比亚局势而采取限制性措施的条例(EU) No 36/2012

原文标题：Council Regulation (EU) No 325/2013 of 10 April 2013 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

分类：18_共同的对外政策和防务政策

文件类型：二级立法 Regulation|条例

生效日期：2013-04-12

废止日期：2058-12-31

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11.4.2013 Official
Journal
of
the
European
Union L
102/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL REGULATION (EU) No 325/2013
of 10 April 2013
amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in
Syria
THE COUNCIL OF THE EUROPEAN UNION,
(5) Decision
2012/739/CFSP
also
provides
for
derogations
from certain restrictive measures for the sole purpose
of evacuating citizens of the Union and their family
Having regard to the Treaty on the Functioning of the European
members from Syria.
Union, and in particular Article 215 thereof,
(6) In
view
of
the
specific
circumstances
in
Syria,
Decision
Having regard to Council Decision 2012/739/CFSP of
2012/739/CFSP provides for restrictions on access to
29 November 2012 concerning restrictive measures against
airports of all exclusively cargo flights operated by
Syria (
Syrian carriers and all flights operated by Syrian Arab

1 ),
Airlines.
Having regard to the joint proposal of the High Representative
(7) On
28
February
2013,
the
Council
adopted
Decision
of the Union for Foreign Affairs and Security Policy and of the
2013/109/CFSP amending Decision 2012/739/CFSP
European Commission,
concerning restrictive measures against Syria ( 4 ).
Whereas:
(8)
Decision 2013/109/CFSP includes additional derogations
in relation to the sale, supply, transfer or export of
equipment which might be used for internal repression
(1) On
18
January
2012,
the
Council
adopted
Regulation
and to the provision of technical assistance.
(EU) No 36/2012 ( 2 ) in order to give effect to Council
Decision 2011/782/CFSP of 1 December 2011
concerning restrictive measures against Syria (
(9) Those
measures
fall
within
the
scope
of
the
Treaty
on
the

3 ).
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
(2) On
29
November
2012,
the
Council
adopted
Decision
2012/739/CFSP which repealed and replaced Decision
their uniform application by economic operators in all
2011/782/CFSP.
Member States.

(10) It
is
furthermore
necessary
to
update
Regulation
(EU)
No
(3) Decision
2012/739/CFSP
includes
a
ban
on
the
purchase,
36/2012 with the latest information provided by
import or transport of arms and related material of all
Member States regarding the identification of
types, and financing or financial assistance for the
competent authorities and with the address of the
purchase, import or transport of such items.
European Commission.
(4) That
Decision
also
provides
for
the
possibility
to
allow (11) Regulation (EU) No 36/2012 should therefore be
the release of certain frozen funds or economic resources
amended accordingly,
where they are required to satisfy a judicial or adminis
trative decision rendered in the Union, or a judicial
decision enforceable in a Member State, prior to or
HAS ADOPTED THIS REGULATION:
after the date of designation of the natural or legal
persons, entities or bodies concerned.
Article 1
Regulation (EU) No 36/2012 is amended as follows:
( 1 ) OJ L 330, 30.11.2012, p. 21.
( 2 ) OJ L 16, 19.1.2012, p. 1.
( 3 ) OJ L 319, 2.12.2011, p. 56.
( 4 ) OJ L 58, 1.3.2013, p. 8.

L 102/2
EN
Official Journal of the European Union
11.4.2013
(1) Article 2(3) is replaced by the following:
tives, as well as insurance and reinsurance and
brokering services relating to insurance and reinsurance
‘3. By way of derogation from paragraph 1, the
for any purchase, import or transport of such items if
competent authorities in the Member States, as identified
they originate in Syria, or are being exported from Syria
on the websites listed in Annex III, may authorise the
to any other country;
sale, supply, transfer or export of equipment which might
be used for internal repression, under such conditions as
(b) to participate, knowingly or intentionally, in activities
they deem appropriate, if they determine that:
the object or effect of which is to circumvent the
prohibitions referred to in point (a).’;
(a) such equipment is intended for humanitarian or
protective use or for institution building programmes
(4) Article 16 is replaced by the following:
of the United Nations (UN) and of the Union, or for
the Union and UN crisis management operations; or
‘Article 16
(b) in the case of the Syrian National Coalition for
By way of derogation from Article 14, the competent auth
Opposition and Revolutionary Forces such equipment
orities in the Member States, as identified on the websites
is non-lethal and is intended for the protection of civil
listed in Annex III, may authorise the release of certain
ians.’;
frozen funds or economic resources, or the making
available of certain funds or economic resources, under
(2) Article 3(2) is replaced by the following:
such conditions as they deem appropriate, after having
determined that the funds or economic resources are:
‘2. By
way
of
derogation
from
paragraph
1,
and
provided
that the provision shall first have been approved by the
(a) necessary to satisfy the basic needs of natural or legal
competent authority of a Member State, as identified on
persons, entities or bodies listed in Annexes II and IIa,
the websites listed in Annex III, the prohibitions referred
and dependent family members of such natural persons,
to therein shall not apply to:
including payments for foodstuffs, rent or mortgage,
medicines and medical treatment, taxes, insurance
(a) the provision of technical assistance, financing and
premiums, and public utility charges;
financial assistance:
(b) intended exclusively for payment of reasonable profes
— intended solely for the support of the United
sional fees and reimbursement of incurred expenses
Nations Disengagement Observer Force (UNDOF),
associated with the provision of legal services;
— related to non-lethal military equipment, or
equipment which might be used for internal
(c) intended exclusively for payment of fees or service
repression, intended for humanitarian purposes or
charges for routine holding or maintenance of frozen
protective use or for the protection of civilians, or
funds or economic resources;
for institution building programmes of the UN and
the Union, or for Union or UN crisis management
(d) necessary for extraordinary expenses, provided that the
operations, or for the Syrian National Coalition for
relevant competent authority has notified the grounds
Opposition and Revolutionary Forces intended for
on which it considers that a specific authorisation
the protection of civilians,
should be granted to the competent authorities of the
other Member States and to the Commission at least
— related to non-combat vehicles which have been
two weeks before the authorisation;
manufactured or fitted with materials to provide
ballistic protection, intended solely for the protective
(e) to be paid into or from an account of a diplomatic or
use of personnel of the Union and its Member States
consular mission or an international organisation
in Syria, or for the Syrian National Coalition for
enjoying immunities in accordance with international
Opposition and Revolutionary Forces intended for
law, insofar as such payments are intended to be used
the protection of civilians;
for official purposes of the diplomatic or consular
mission or international organisation;
(b) the provision of technical assistance, brokering services
and other services for the Syrian National Coalition for
(f) necessary for humanitarian purposes, such as delivering
Opposition and Revolutionary Forces intended for the
or facilitating the delivery of assistance, including
protection of civilians.’;
medical supplies, food, humanitarian workers and
related assistance, or evacuations from Syria;
(3) the following Article is inserted:
(g) necessary to ensure human safety or environmental
‘Article 3a
protection.
It shall be prohibited:
The Member State concerned shall inform the other
(a) to provide, directly or indirectly, financing or financial
Member States and the Commission of any authorisation
assistance relating to the goods and technology listed in
granted under this Article within four weeks following the
the Common Military List, including financial deriva
authorisation.’;

EN
11.4.2013 Official
Journal
of
the
European
Union L
102/3
(5) Article 18 is replaced by the following:
‘Article 21b
Article 14(2) shall not prevent acts or transactions carried
‘Article 18
out with respect to Syrian Arab Airlines for the sole
1. By way of derogation from Article 14, the competent
purpose of evacuating citizens of the Union and their
authorities in Member States, as indicated on the websites
family members from Syria.’;
listed in Annex III, may authorise the release of certain
frozen funds or economic resources, if the following
(8) the following Chapter is inserted:
conditions are met:
‘CHAPTER VIA
(a) the funds or economic resources are the subject of an
RESTRICTIONS ON TRANSPORT
arbitral decision rendered prior to the date on which the
Article 26a
natural or legal person, entity or body referred to in
Article 14 was listed in Annex II or IIa, or of a
1. It
shall
be
prohibited,
consistent
with
international
judicial or administrative decision rendered in the
law, to accept, or provide access to airports in the Union
Union, or a judicial decision enforceable in the
by, exclusively cargo flights operated by Syrian carriers and
Member State concerned, prior to or after that date;
all flights operated by Syrian Arab Airlines, except where:
(b) the funds or economic resources will be used exclusively
(a) the aircraft is engaged in non-scheduled international air
to satisfy claims secured by such a decision or
services and landing is for non-traffic or non-
recognised as valid in such a decision, within the
commercial traffic purposes; or
limits set by applicable laws and regulations governing
the rights of persons having such claims;
(b) the aircraft is engaged in scheduled international air
services and landing is for non- traffic purposes;
(c) the decision is not for the benefit of a natural or legal
as provided for under the Chicago Convention on Inter
person, entity or body listed in Annex II or IIa;
national Civil Aviation or the International Air Services
Transit Agreement.
(d) recognising the decision is not contrary to public policy
in the Member State concerned.
2. Paragraph
1
shall
not
apply
to
flights
for
the
sole
purpose of evacuating citizens of the Union and their
2. The
Member
State
concerned
shall
inform
the
other
family members from Syria.
Member States and the Commission of any authorisation
3. It
shall
be
prohibited
to
participate,
knowingly
and
granted under this Article.’;
intentionally, in activities the object or effect of which is
to circumvent the prohibition referred to in paragraph 1.’;
(6) in Article 19(1), the following point is added:
(9) Annex III is replaced by the text appearing in the Annex to
‘(c) payments due under judicial, administrative or arbitral
this Regulation.
decisions rendered in a Member State or enforceable in
the Member State concerned,’;
Article 2
This Regulation shall enter into force on the day following that
(7) the following Article is inserted:
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, 10 April 2013.
For the Council
The President
E. GILMORE