理事会条例(EU) No 168/2012,修订关于针对叙利亚现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:32012R0168
OJ编号:OJ L 54, 28.2.2012, p. 1-5
中文标题:理事会条例(EU) No 168/2012,修订关于针对叙利亚现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 168/2012 of 27 February 2012 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:2012-02-28
废止日期:2058-12-31
法规全文:查看欧盟官方文件
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28.2.2012 Official
Journal
of
the
European
Union
L
54/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL REGULATION (EU) No 168/2012
of 27 February 2012
amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in
Syria
THE COUNCIL OF THE EUROPEAN UNION,
HAS ADOPTED THIS REGULATION:
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 215 thereof,
Article 1
Regulation (EU) No 36/2012 is hereby amended as follows:
Having regard to Council Decision 2011/782/CFSP of
1 December 2011 concerning restrictive measures against
Syria ( 1 ),
(1) the following article is inserted:
Having regard to the joint proposal from the High Represen
tative of the Union for Foreign Affairs and Security Policy and
‘Article 11a
the European Commission,
1. It shall be prohibited:
Whereas:
(a) to sell, supply, transfer or export, directly or indi
rectly, gold, precious metals and diamonds, as listed
(1) On
18
January
2012,
the
Council
adopted
Regulation
in Annex VIII, whether or not originating in the
(EU) No 36/2012 ( 2 ).
Union, to the Government of Syria, its public
bodies, corporations and agencies, the Central Bank
of Syria, any person, entity or body acting on their
(2) In
view
of
the
continued
brutal
repression
and
violation
of human rights by the Government of Syria, Council
behalf or at their direction, or any entity or body
Decision 2012/122/CFSP
(
owned or controlled by them;
3 ) amending Decision
2011/782/CFSP provides for additional measures,
namely a prohibition on the sale, purchase, transpor
tation or brokering of gold, precious metals and
(b) to purchase, import or transport, directly or indi
diamonds, restrictive measures against the Central Bank
rectly, gold, precious metals and diamonds, as listed
of Syria, and amendments to the list of targeted persons
in Annex VIII, whether the item concerned originates
and entities.
in Syria or not, from the Government of Syria, its
public bodies, corporations and agencies, the Central
Bank of Syria and any person, entity or body acting
(3)
Those measures fall within the scope of the Treaty on the
on their behalf or at their direction, or any entity or
Functioning of the European Union and regulatory action
body owned or controlled by them; and
at the level of the Union is therefore necessary in order
to implement them, in particular with a view to ensuring
their uniform application by economic operators in all
(c) to provide, directly or indirectly, technical assistance
Member States.
or brokering services, financing or financial
assistance, related to the goods referred to in points
(4) Regulation
(EU)
No
36/2012
should
therefore
be
(a) and (b), to the Government of Syria, its public
amended accordingly.
bodies, corporations and agencies, the Central Bank
of Syria and any person, entity or body acting on
(5) In
order
to
ensure
that
the
measures
provided
for
in
this
their behalf or at their direction, or any entity or
Regulation are effective, this Regulation must enter into
body owned or controlled by them.
force immediately,
2. Annex VIII shall include gold, precious metals and
( 1 ) OJ L 319, 2.12.2011, p. 56.
( 2 ) OJ L 16, 19.1.2012, p. 1.
diamonds subject to the prohibitions referred to in
( 3 ) See page 14 of this Official Journal.
paragraph 1.’;
L 54/2
EN
Official Journal of the European Union
28.2.2012
(2) the following article is inserted:
financial institutions within the jurisdiction of the
Member States with liquidity for the financing of
trade, provided that the transfer has been authorised
‘Article 21a
by the competent authority of the relevant Member
The prohibitions in Article 14 shall not apply to:
State.’.
Article 2
(a) (i) a transfer by or through Central Bank of Syria of
funds or economic resources received and frozen
The persons and entity listed in Annex I to this Regulation shall
after the date of its designation; or
be added to the list set out in Annex II to Regulation (EU)
No 36/2012.
(ii) a transfer of funds or economic resources to or
through Central Bank of Syria where the transfer
Article 3
is related to a payment by a person or entity not
The person listed in Annex II to this Regulation shall be deleted
listed in Annex II or IIa due in connection with a
from the list set out in Annex II to Regulation (EU)
specific trade contract,
No 36/2012.
provided that the competent authority of the relevant
Article 4
Member State has determined, on a case-by-case basis,
that the payment will not directly or indirectly be
The text set out in Annex III to this Regulation is added to
received by any other person or entity listed in Annex
Regulation (EU) No 36/2012 as Annex VIII.
II or IIa; or
Article 5
(b) a transfer made by or through Central Bank of Syria of
This Regulation shall enter into force on the day of its
frozen funds or economic resources in order to provide
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, 27 February 2012.
For the Council
The President
C. ASHTON
EN
28.2.2012 Official
Journal
of
the
European
Union
L
54/3
ANNEX I
In Annex II to Regulation (EU) No 36/2012, the following entries are added:
Name Identifying
information Reasons
Date of
listing
1. Central
Bank
of
Syria Syria,
Damascus,
Sabah
Bahrat
Square Providing financial support to the 27.2.2012
Postal address:
regime
Altjreda al Maghrebeh square,
Damascus,
Syrian Arab Republic,
P.O. Box: 2254
2. Al
–Halqi,
Dr.
Wael Born in the Daraa Province, 1964 Minister
of
Health.
27.2.2012
Nader
Under his responsibility hospitals
were ordered to deny care to
protestors.
3. Azzam,
Mansour
Born in the Sweida Province, 1960 Minister
of
Presidential
Affairs
27.2.2012
Fadlallah
Advisor to the President.
4. Sabouni,
Dr.
Emad Born in Damascus, 1964 Minister
of
Communication
and
27.2.2012
Abdul-Ghani
Technology.
Under his responsability free access
to the media is being seriously
hampered.
5. Allaw,
Sufian Born
in
al-Bukamal,
Deir
Ezzor,
1944 Minister
of
Petroleum
and
Mineral 27.2.2012
Resources.
Responsible for policies concerning
petroleum and mineral resources
which provide a major source of
financial support for the regime.
6. Slakho,
Dr
Adnan Born
in
Damascus,
1955 Minister
of
Industry
27.2.2012
Responsible for economic and
industrial policies which provide
resources and support for the
regime.
7. Al-Rashed,
Dr.
Saleh Born
in
the
Aleppo
Province,
1964 Minister
of
Education.
27.2.2012
Under his responsibility schools are
being used as makeshift prisons
8. Abbas,
Dr.
Fayssal Born
in
the
Hama
Province,
1955 Minister
of
Transport.
27.2.2012
Under his responsibility logistical
support for the repression is
being provided.
L 54/4
EN
Official Journal of the European Union
28.2.2012
ANNEX II
In Annex II to Regulation (EU) No 36/2012, the following entry is deleted:
52. Emad Ghraiwati
EN
28.2.2012 Official
Journal
of
the
European
Union
L
54/5
ANNEX III
‘ANNEX VIII
List of gold, precious metals and diamonds referred to in Article 11a
HS Code Description
7102
Diamonds, whether or not worked, but not mounted or set.
7106
Silver (including silver plated with gold or platinum), unwrought or in semi-manufactured forms, or in
powder form.
7108
Gold (including gold plated with platinum), unwrought or in semi-manufactured forms, or in powder form.
7109 Base
metals
or
silver,
clad
with
gold,
not
further
worked
than
semi-manufactured.
7110
Platinum, unwrought or in semi-manufactured forms, or in powder form.
7111 Base
metals,
silver
or
gold,
clad
with
platinum,
not
further
worked
than
semi-manufactured.
7112
Waste and scrap of precious metal or of metal clad with precious metal; other waste and scrap containing
precious metal or precious-metal compounds, of a kind used principally for the recovery of precious metal.’.
28.2.2012 Official
Journal
of
the
European
Union
L
54/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL REGULATION (EU) No 168/2012
of 27 February 2012
amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in
Syria
THE COUNCIL OF THE EUROPEAN UNION,
HAS ADOPTED THIS REGULATION:
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 215 thereof,
Article 1
Regulation (EU) No 36/2012 is hereby amended as follows:
Having regard to Council Decision 2011/782/CFSP of
1 December 2011 concerning restrictive measures against
Syria ( 1 ),
(1) the following article is inserted:
Having regard to the joint proposal from the High Represen
tative of the Union for Foreign Affairs and Security Policy and
‘Article 11a
the European Commission,
1. It shall be prohibited:
Whereas:
(a) to sell, supply, transfer or export, directly or indi
rectly, gold, precious metals and diamonds, as listed
(1) On
18
January
2012,
the
Council
adopted
Regulation
in Annex VIII, whether or not originating in the
(EU) No 36/2012 ( 2 ).
Union, to the Government of Syria, its public
bodies, corporations and agencies, the Central Bank
of Syria, any person, entity or body acting on their
(2) In
view
of
the
continued
brutal
repression
and
violation
of human rights by the Government of Syria, Council
behalf or at their direction, or any entity or body
Decision 2012/122/CFSP
(
owned or controlled by them;
3 ) amending Decision
2011/782/CFSP provides for additional measures,
namely a prohibition on the sale, purchase, transpor
tation or brokering of gold, precious metals and
(b) to purchase, import or transport, directly or indi
diamonds, restrictive measures against the Central Bank
rectly, gold, precious metals and diamonds, as listed
of Syria, and amendments to the list of targeted persons
in Annex VIII, whether the item concerned originates
and entities.
in Syria or not, from the Government of Syria, its
public bodies, corporations and agencies, the Central
Bank of Syria and any person, entity or body acting
(3)
Those measures fall within the scope of the Treaty on the
on their behalf or at their direction, or any entity or
Functioning of the European Union and regulatory action
body owned or controlled by them; and
at the level of the Union is therefore necessary in order
to implement them, in particular with a view to ensuring
their uniform application by economic operators in all
(c) to provide, directly or indirectly, technical assistance
Member States.
or brokering services, financing or financial
assistance, related to the goods referred to in points
(4) Regulation
(EU)
No
36/2012
should
therefore
be
(a) and (b), to the Government of Syria, its public
amended accordingly.
bodies, corporations and agencies, the Central Bank
of Syria and any person, entity or body acting on
(5) In
order
to
ensure
that
the
measures
provided
for
in
this
their behalf or at their direction, or any entity or
Regulation are effective, this Regulation must enter into
body owned or controlled by them.
force immediately,
2. Annex VIII shall include gold, precious metals and
( 1 ) OJ L 319, 2.12.2011, p. 56.
( 2 ) OJ L 16, 19.1.2012, p. 1.
diamonds subject to the prohibitions referred to in
( 3 ) See page 14 of this Official Journal.
paragraph 1.’;
L 54/2
EN
Official Journal of the European Union
28.2.2012
(2) the following article is inserted:
financial institutions within the jurisdiction of the
Member States with liquidity for the financing of
trade, provided that the transfer has been authorised
‘Article 21a
by the competent authority of the relevant Member
The prohibitions in Article 14 shall not apply to:
State.’.
Article 2
(a) (i) a transfer by or through Central Bank of Syria of
funds or economic resources received and frozen
The persons and entity listed in Annex I to this Regulation shall
after the date of its designation; or
be added to the list set out in Annex II to Regulation (EU)
No 36/2012.
(ii) a transfer of funds or economic resources to or
through Central Bank of Syria where the transfer
Article 3
is related to a payment by a person or entity not
The person listed in Annex II to this Regulation shall be deleted
listed in Annex II or IIa due in connection with a
from the list set out in Annex II to Regulation (EU)
specific trade contract,
No 36/2012.
provided that the competent authority of the relevant
Article 4
Member State has determined, on a case-by-case basis,
that the payment will not directly or indirectly be
The text set out in Annex III to this Regulation is added to
received by any other person or entity listed in Annex
Regulation (EU) No 36/2012 as Annex VIII.
II or IIa; or
Article 5
(b) a transfer made by or through Central Bank of Syria of
This Regulation shall enter into force on the day of its
frozen funds or economic resources in order to provide
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, 27 February 2012.
For the Council
The President
C. ASHTON
EN
28.2.2012 Official
Journal
of
the
European
Union
L
54/3
ANNEX I
In Annex II to Regulation (EU) No 36/2012, the following entries are added:
Name Identifying
information Reasons
Date of
listing
1. Central
Bank
of
Syria Syria,
Damascus,
Sabah
Bahrat
Square Providing financial support to the 27.2.2012
Postal address:
regime
Altjreda al Maghrebeh square,
Damascus,
Syrian Arab Republic,
P.O. Box: 2254
2. Al
–Halqi,
Dr.
Wael Born in the Daraa Province, 1964 Minister
of
Health.
27.2.2012
Nader
Under his responsibility hospitals
were ordered to deny care to
protestors.
3. Azzam,
Mansour
Born in the Sweida Province, 1960 Minister
of
Presidential
Affairs
27.2.2012
Fadlallah
Advisor to the President.
4. Sabouni,
Dr.
Emad Born in Damascus, 1964 Minister
of
Communication
and
27.2.2012
Abdul-Ghani
Technology.
Under his responsability free access
to the media is being seriously
hampered.
5. Allaw,
Sufian Born
in
al-Bukamal,
Deir
Ezzor,
1944 Minister
of
Petroleum
and
Mineral 27.2.2012
Resources.
Responsible for policies concerning
petroleum and mineral resources
which provide a major source of
financial support for the regime.
6. Slakho,
Dr
Adnan Born
in
Damascus,
1955 Minister
of
Industry
27.2.2012
Responsible for economic and
industrial policies which provide
resources and support for the
regime.
7. Al-Rashed,
Dr.
Saleh Born
in
the
Aleppo
Province,
1964 Minister
of
Education.
27.2.2012
Under his responsibility schools are
being used as makeshift prisons
8. Abbas,
Dr.
Fayssal Born
in
the
Hama
Province,
1955 Minister
of
Transport.
27.2.2012
Under his responsibility logistical
support for the repression is
being provided.
L 54/4
EN
Official Journal of the European Union
28.2.2012
ANNEX II
In Annex II to Regulation (EU) No 36/2012, the following entry is deleted:
52. Emad Ghraiwati
EN
28.2.2012 Official
Journal
of
the
European
Union
L
54/5
ANNEX III
‘ANNEX VIII
List of gold, precious metals and diamonds referred to in Article 11a
HS Code Description
7102
Diamonds, whether or not worked, but not mounted or set.
7106
Silver (including silver plated with gold or platinum), unwrought or in semi-manufactured forms, or in
powder form.
7108
Gold (including gold plated with platinum), unwrought or in semi-manufactured forms, or in powder form.
7109 Base
metals
or
silver,
clad
with
gold,
not
further
worked
than
semi-manufactured.
7110
Platinum, unwrought or in semi-manufactured forms, or in powder form.
7111 Base
metals,
silver
or
gold,
clad
with
platinum,
not
further
worked
than
semi-manufactured.
7112
Waste and scrap of precious metal or of metal clad with precious metal; other waste and scrap containing
precious metal or precious-metal compounds, of a kind used principally for the recovery of precious metal.’.
Document Outline
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