52013JC0027

EXPLANATORY MEMORANDUM

(1) Council Regulation (EU) No 267/2012[1] of 23 March 2012 gives effect to the measures provided for in Decision 2010/413/CFSP concerning restrictive measures against Iran and provides for, inter alia, the freezing of all funds and economic resources belonging to, owned, held or controlled by the persons, entities and bodies listed in Annexes VIII and IX to the Regulation.

(2) On … October 2013, the Council adopted Decision 2013/…/CFSP[2] which amends Council Decision 2010/413/CFSP and provides for an adjusted listing criterion to include persons and entities evading or violating restrictive measures.

(3) Further action by the Union is needed in order to implement these measures.

(4) The High Representative of the Union for Foreign Affairs and Security Policy and the European Commission propose to amend Regulation (EU) No 267/2012 accordingly.

2013/0332 (NLE)

Joint Proposal for a

COUNCIL REGULATION

amending Regulation (EU) No 267/2012 concerning restrictive measures against Iran

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,

Having regard to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP [3],

Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,

Whereas:

(1)       Council Regulation (EU) No 267/2012[4] gives effect to the measures provided for in Decision 2010/413/CFSP and provides for, inter alia, the freezing of all funds and economic resources belonging to, owned, held or controlled by the persons, entities and bodies listed in Annexes VIII and IX to the Regulation.

(2)       On … October 2013, the Council adopted Decision 2013/…/CFSP[5] which amends Council Decision 2010/413/CFSP and provides for an adjusted listing criterion to include persons and entities evading or violating restrictive measures.

(3)       That measure fall within the scope of the Treaty and regulatory action at the level of the Union is therefore necessary in order to implement it, in particular with a view to ensuring its uniform application by economic operators in all Member States.

(4)       Regulation (EU) No 267/2012 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) No 267/2012 is amended as follows:

In Article 23(2), point (b), is replaced by the following:

‘(b) being a natural or legal person, entity or body that has evaded or violated, or assisted a listed person, entity or body to evade or violate, the provisions of this Regulation, Council Decision 2010/413/CFSP or UNSCR 1737 (2006), UNSCR 1747 (2007), UNSCR 1803 (2008) and UNSCR 1929 (2010);’

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,

                                                                       For the Council

                                                                       The President

[1]               OJ L 88, 24.3.2012, p. 1.

[2]               OJ L , , p .

[3]               OJ L 195, 27.7.2010. p. 39.

[4]               OJ L 88, 24.3.2012, p. 1.

[5]               OJ L , , p .