28.2.2012   

EN

Official Journal of the European Union

L 54/1

(1)

On 18 January 2012, the Council adopted Regulation (EU) No 36/2012 (2).

(2)

In view of the continued brutal repression and violation of human rights by the Government of Syria, Council Decision 2012/122/CFSP (3) amending Decision 2011/782/CFSP provides for additional measures, namely a prohibition on the sale, purchase, transportation or brokering of gold, precious metals and diamonds, restrictive measures against the Central Bank of Syria, and amendments to the list of targeted persons and entities.

(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 to implement them, in particular with a view to ensuring their uniform application by economic operators in all Member States.

(4)

Regulation (EU) No 36/2012 should therefore be amended accordingly.

(5)

In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force immediately,

(1)

the following article is inserted:

‘Article 11a

1.   It shall be prohibited:

2.   Annex VIII shall include gold, precious metals and diamonds subject to the prohibitions referred to in paragraph 1.’;

(2)

the following article is inserted:

‘Article 21a

The prohibitions in Article 14 shall not apply to:

28.2.2012   

EN

Official Journal of the European Union

L 54/6

(1)

Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

(2)

The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

28.2.2012   

EN

Official Journal of the European Union

L 54/8

(1)

At its meeting held on 15 and 16 December 2005, the European Council adopted the EU Strategy to combat the illicit accumulation and trafficking of small arms and light weapons (hereinafter ‘SALW’) and their ammunition (hereinafter ‘EU SALW Strategy’). The Strategy identifies the African continent as one of the regions most affected by the illegal trade and excessive accumulation of SALW.

(2)

The EU SALW Strategy defines several tasks to be fulfilled by the Union, including the research of consensus within exporting countries with a view to supplying small arms to governments only, in accordance with restrictive and appropriate regional and international criteria on arms exports.

(3)

The EU SALW Strategy also recommends the inclusion of SALW as a topic to be addressed in the political dialogue with third countries and international, regional or sub-regional organisations, paying special attention to the coordination of actions with the Union's main partners and major SALW exporters, including China.

(4)

The Council of the European Union adopted in 2005, 2006, 2007 and 2010 Council Conclusions in support of the negotiation of an Arms Trade Treaty, a legally binding international instrument establishing common international standards for transfers of conventional weapons. It underlined the importance of cooperation in this process with other States and regional organisations.

(5)

Since its establishment in 2005, the EU-China Strategic Dialogue includes provisions for dialogue on non-proliferation and conventional arms exports. China and the Union agreed at their 2006 Summit to create a new dialogue on Africa's peace, stability, and sustainable development, in order to foster understanding between partners, to discuss activities and priorities, and to provide an opportunity for integrating China into international efforts to improve and coordinate cooperation activities. The 2007-2013 EU-China Strategy Paper defines the fundamental approach of the Union to China as one of engagement and partnership and singles out cooperation to prevent the illicit trade in SALW as a priority.

(6)

In December 2004 China and the Union signed a Joint Declaration on non-proliferation and disarmament, covering also cooperation in the field of conventional weapons. In the Joint Declaration, the Union and China noted that ‘positive and active efforts must also be made to strengthen controls over exports of conventional weapons. The arms control regimes concerning certain conventional weapons need to be strengthened. Efforts to prevent illicit trade of small arms and light weapons and flows of those weapons that would impair regional peace and stability, should be enhanced.’

(7)

The 2007 Joint Africa-EU Strategic Partnership defines the prevention of the illicit trade in and excessive accumulation of SALW as an area for action through enhancing capacity, networking, cooperation and exchange of information. China was invited and participated as an observer in the 2010 EU-Africa Summit,

—

the establishment and development of a joint African-EU-Chinese Expert Working Group on conventional arms and a joint African-EU-Chinese Research Centre on conventional arms. The objective of the Expert Working Group and the Research Centre shall be to increase among the policy community in China, Africa, and the Union responsible for conventional arms issues and export controls thereof, awareness of, and engagement on, problems related to the illegal trade and excessive accumulation of SALW, and the lack of regulation at international level of legal trade in conventional weapons. Increased awareness of, and engagement on those issues, will contribute to the successful negotiation and implementation of, a strong and robust Arms Trade Treaty,

—

conducting advocacy and research activities aimed at identifying opportunities for EU-China cooperation to support African States in preventing the illegal trade in and excessive accumulation of SALW.

28.2.2012   

EN

Official Journal of the European Union

L 54/14

(1)

On 1 December 2011, the Council adopted Decision 2011/782/CFSP (1).

(2)

On 23 January 2012, the Council reiterated its deep concern about the deteriorating situation in Syria and in particular the widespread and systematic violations of human rights. In line with the European Council declaration of 23 October 2011, the Council also confirmed that the Union will continue its policy of imposing additional measures against the regime as long as the repression continues.

(3)

In this context, restrictive measures should be imposed against the Central Bank of Syria.

(4)

Moreover, the sale, purchase, transportation or brokering of gold, precious metals and diamonds to, from or for the Government of Syria should be prohibited.

(5)

In addition, access to the airports of Member States of cargo flights operated by Syrian carriers should be prohibited.

(6)

Furthermore, additional persons should be included in the list of persons and entities subject to restrictive measures as set out in Annex I to Decision 2011/782/CFSP.

(7)

However, there are no longer grounds for keeping one person on the list of persons and entities subject to restrictive measures as set out in Annex I to Decision 2011/782/CFSP.

(8)

Decision 2011/782/CFSP should be amended accordingly,

(1)

the following article is inserted:

‘Article 8a

The direct or indirect sale, purchase, transportation or brokering of gold and precious metals, as well as of diamonds to, from or for the Government of Syria, its public bodies, corporations and agencies, the Central Bank of Syria, as well as to, from or for persons and entities acting on their behalf or at their direction, or entities owned or controlled by them, shall be prohibited.

The Union shall take the necessary measures in order to determine the relevant items to be covered by this provision.’;

(2)

the following chapter is inserted:

‘CHAPTER 2a

TRANSPORT SECTOR

Article 17a

Member States, in accordance with their national legislation and consistent with international law, in particular relevant international civil aviation agreements, shall take the necessary measures to prevent access to the airports under their jurisdiction of all cargo flights operated by Syrian carriers with the exception of mixed passenger and cargo flights.’;

(3)

in Article 19, the following paragraphs are added:

‘8.   Paragraphs 1 and 2 shall not apply to a transfer by or through the Central Bank of Syria of funds or economic resources received and frozen after the date of its designation or to a transfer of funds or economic resources to or through the Central Bank of Syria after the date of its designation where such transfer is related to a payment by a non-designated financial institution due in connection with a specific trade contract, provided that the relevant Member State has determined, on a case-by-case basis, that the payment is not directly or indirectly received by a person or entity referred to in paragraph 1.

9.   Paragraph 1 shall not apply to a transfer by or through the Central Bank of Syria of frozen funds or economic resources where such transfer is for the purpose of providing financial institutions under the jurisdiction of Member States with liquidity for the financing of trade, provided that the transfer has been authorised by the relevant Member State.’.

28.2.2012   

EN

Official Journal of the European Union

L 54/18

(1)

On 18 January 1977, the European Economic Community and the Syrian Arab Republic concluded a Cooperation Agreement (1) (‘the Cooperation Agreement’) to promote overall cooperation with a view to strengthening relations between them.

(2)

On 2 September 2011, the Council adopted Decision 2011/523/EU (2) which partially suspends the application of the Cooperation Agreement until the Syrian authorities put an end to the systematic violations of human rights and can again be considered as being in compliance with general international law and the principles which form the basis of the Cooperation Agreement.

(3)

Since then, and in view of the further deterioration of the situation in Syria, the Union has adopted further restrictive measures against the Syrian regime (3).

(4)

In this regard, the partial suspension of the application of the Cooperation Agreement should continue. In line with the approach set out in Decision 2011/523/EU, the suspension should aim at targeting the Syrian authorities, not the people of Syria, and should be limited accordingly. Since gold, precious metals and diamonds are products the trade in which benefits in particular the Syrian regime, and which therefore supports its repressive policies, the suspension should be extended so as to apply also to trade in these materials,

28.2.2012   

EN

Official Journal of the European Union

L 54/20

(1)

On 15 February 2011, the Council adopted Decision 2011/101/CFSP.

(2)

The information relating to one person on the list in Annex I to Decision 2011/101/CFSP should be updated,