ISSN 1977-0677 doi:10.3000/19770677.L_2013.147.eng |
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Official Journal of the European Union |
L 147 |
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English edition |
Legislation |
Volume 56 |
Contents |
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II Non-legislative acts |
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REGULATIONS |
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DECISIONS |
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2013/254/CFSP |
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Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria |
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2013/256/EU |
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EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
REGULATIONS
1.6.2013 |
EN |
Official Journal of the European Union |
L 147/1 |
COMMISSION IMPLEMENTING REGULATION (EU) No 504/2013
of 31 May 2013
amending Implementing Regulation (EU) No 1225/2011 as regards the communication of information for the purpose of relief from customs duty
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1186/2009 of 16 November 2009 setting up a Community system of reliefs from customs duty (1),
Whereas:
(1) |
Pursuant to Article 17 of Commission Implementing Regulation (EU) No 1225/2011 of 28 November 2011 for the purposes of Articles 42 to 52, 57 and 58 of Council Regulation (EC) No 1186/2009 setting up a Community system of reliefs from customs duty (2), Member States have to communicate information to the Commission in respect of the admission free of customs duties of certain spare parts, components, accessories, tools and equipment exceeding a certain value or price. The Commission has to forward the information to the Member States. Pursuant to Article 18 of the said Implementing Regulation that information is to be examined periodically by the Customs Code Committee. |
(2) |
Pursuant to Article 20 of Implementing Regulation (EU) No 1225/2011 certain information set out in applications for admission free of customs duty of goods imported by or on behalf of scientific establishments or organisations established inside the Union has to be communicated to the Commission by the Member States to which the application has been submitted. |
(3) |
Those obligations which date from 1983 are no longer necessary for the good management of imports with relief of customs duties. Moreover they entail an unnecessary administrative burden, both for Member States and the Commission. Thus, in the interest of regulatory simplification and rationality, the corresponding provisions should be deleted or simplified. |
(4) |
Implementing Regulation (EU) No 1225/2011 should therefore be amended accordingly. |
(5) |
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
HAS ADOPTED THIS REGULATION:
Article 1
Implementing Regulation (EU) No 1225/2011 is amended as follows:
(1) |
Chapter VII is deleted; |
(2) |
Article 20 is replaced by the following: ‘Article 20 The competent authority of the Member State in which is situated the establishment or organisation to which the goods are consigned shall take a direct decision on applications under Article 19 in all cases.’. |
Article 2
This Regulation shall enter into force on the twentieth day following that 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, 31 May 2013.
For the Commission
The President
José Manuel BARROSO
1.6.2013 |
EN |
Official Journal of the European Union |
L 147/3 |
COMMISSION IMPLEMENTING REGULATION (EU) No 505/2013
of 31 May 2013
laying down further exceptional measures as regards the release of out-of-quota sugar and isoglucose on the Union market at reduced surplus levy during the 2012/2013 marketing year
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1) and in particular Article 64(2) and Article 186, in conjunction with Article 4 thereof,
Whereas:
(1) |
During the 2011/2012 sugar marketing year, the Union average bulk white sugar ex-factory price reached a level of 175 % of the reference price of EUR 404/tonne and was approximately EUR 275/tonne higher than the world market price. The Union price is now stable at a level of around EUR 700/tonne, which is the highest level reached since the reform of the sugar market organisation and disturbs the optimal fluidity of the sugar supply on the Union market. The expected increase of this already high price level at the beginning of the 2012/2013 marketing year substantiated the risk of serious market disturbances which had to be prevented by the necessary measures. On 18 January, 15 February and 22 March 2013 the Commission adopted Implementing Regulations (EU) No 36/2013 (2), (EU) No 131/2013 (3) and (EU) No 281/2013 (4) providing exceptional measures intended to address the market disturbance. Notwithstanding the measures taken, the current prices registered on the market show that it is necessary to adopt further measures to address the persisting market disturbance. |
(2) |
Based on the estimated supply and demand for 2012/2013, the ending stocks for the sugar market are expected to be lower by at least 0,5 million tonnes than in 2011/2012. This figure already takes into account the imports from third countries benefiting from certain preferential agreements. |
(3) |
On the other hand, the expectations of a good harvest lead to estimate the production of nearly 4 600 000 tonnes in excess of the sugar quota set out in Article 56 of Regulation (EC) No 1234/2007. Taking account of the foreseeable contractual commitments of sugar producers in respect of certain industrial uses provided for in Article 62 of that Regulation and of the 2012/2013 export commitments for out-of-quota sugar, substantial quantities of out-of-quota sugar of at least 1 200 000 tonnes would still be available. Part of this sugar could be made available to alleviate the tight supply of the Union sugar food market and to avoid excessive price increases. |
(4) |
In order to ensure the fluidity of the market, it is necessary to release out-of-quota sugar. It should be possible to take such a measure each time it is necessary during the marketing year 2012/2013. |
(5) |
Pursuant to Articles 186 and 188 of Regulation (EC) No 1234/2007 measures may be taken, when necessary, to remedy market disturbances or the risk of disturbances, where, in particular, these result from a significant rise of prices in the Union, provided that this objective cannot be reached by means of other measures available under that Regulation. Given the current market circumstances, Regulation (EC) No 1234/2007 does not provide for any specific measures aimed at limiting the high sugar price trend and allowing sugar supply at reasonable prices on the Union market, other than those based on Article 186 of that Regulation. |
(6) |
Article 64(2) of Regulation (EC) No 1234/2007 empowers the Commission to fix the surplus levy on sugar and isoglucose produced in excess of the quota at a sufficiently high level in order to avoid the accumulation of surplus quantities. Article 3(1) of Commission Regulation (EC) No 967/2006 of 29 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards sugar production in excess of the quota (5) has fixed that levy at EUR 500 per tonne. |
(7) |
For a limited quantity of sugar produced in excess of the quota, a reduced surplus levy should be fixed at a level per tonne allowing for a fair treatment of Union sugar producers, ensuring the good functioning of the Union sugar market and helping to reduce the difference between Union and world market sugar prices without creating risks of accumulation of surpluses in the Union market. |
(8) |
As Regulation (EC) No 1234/2007 fixes quotas for both sugar and isoglucose, a similar measure should apply for an appropriate quantity of isoglucose produced in excess of the quota because the latter product is, to some extent, a commercial substitute for sugar. |
(9) |
With a view to increasing the supply, sugar and isoglucose producers should apply to the competent authorities of the Member States for certificates allowing them to sell certain quantities, produced above the quota limit, on the Union market with a reduced surplus levy. |
(10) |
The reduced surplus levy should be paid after the application is admitted and before the certificate is issued. |
(11) |
The validity of the certificates should be limited in time to encourage a fast improvement of the supply situation. |
(12) |
Fixing upper limits of the quantities for which each producer can apply in one application period and restricting the certificates to products of the applicant’s own production should prevent speculative actions within the system created by this Regulation. |
(13) |
With their application, sugar producers should commit themselves to pay the minimum price for sugar beet used to produce the quantity of sugar for which they apply. The minimum eligibility requirements for applications should be specified. |
(14) |
The competent authorities of the Member States should notify the Commission of the applications received. In order to simplify and standardise those notifications, models should be made available. |
(15) |
The Commission should ensure that certificates are granted only within the quantitative limits fixed in this Regulation. Therefore, if necessary, the Commission should be able to fix an allocation coefficient applicable to the applications received. |
(16) |
Member States should immediately inform the applicants whether the quantity applied for was fully or partially granted. |
(17) |
The competent authorities should notify the Commission of the quantities for which certificates with a reduction of the surplus levy have been issued. For this purpose, models should be made available by the Commission. |
(18) |
Sugar quantities released on the Union market of quantities in excess of the certificates issued under this Regulation should be subject the surplus levy set out in Article 64(2) of Regulation (EC) No 1234/2007. It is therefore appropriate to provide that any applicant not fulfilling his commitment to release on the Union market the quantity covered by a certificate delivered to him, should also pay an amount of EUR 500 per tonne. This consistent approach is aimed at preventing abuse of the mechanism introduced by this Regulation. |
(19) |
For the purpose of establishing average prices for quota and out-of-quota sugar on the Union market in accordance with Article 13(1) of Commission Regulation (EC) No 952/2006 of 29 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards the management of the Community market in sugar and the quota system (6), sugar covered by a certificate issued pursuant to this Regulation should be considered as quota sugar. |
(20) |
In accordance with Article 2(1)(a) of Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities’ own resources (7) contributions and other duties provided for within the framework of the common organisation of the markets in the sugar sector are to constitute own resources. It is therefore necessary to set the date of establishment of the amounts in question within the meaning of Articles 2(2) and 6(3)(a) of Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing Decision 2007/436/EC, Euratom on the system of the Communities’ own resources (8). |
(21) |
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets, |
HAS ADOPTED THIS REGULATION:
Article 1
Temporary reduction of the surplus levy
1. By way of derogation from Article 3(1) of Regulation (EC) No 967/2006, the amount of the surplus levy for a maximum quantity of 150 000 tonnes of sugar in white sugar equivalent and 8 000 tonnes of isoglucose in dry matter, produced in excess of the quota fixed in Annex VI to Regulation (EC) No 1234/2007 and released on the Union market in the 2012/2013 marketing year, shall be fixed at EUR 177 per tonne.
2. The reduced surplus levy provided for in paragraph 1 shall be paid after the application referred to in Article 2 is admitted and before the certificate referred to in Article 6 is issued.
Article 2
Application for certificates
1. In order to benefit from the conditions specified in Article 1, sugar and isoglucose producers shall apply for a certificate.
2. Applicants may be only undertakings producing beet and cane sugar or isoglucose, which are approved in accordance with Article 57 of Regulation (EC) No 1234/2007 and have been allocated a production quota for the 2012/2013 marketing year, in accordance with Article 56 of that Regulation.
3. Each applicant may submit not more than one application for sugar and one for isoglucose per application period.
4. Applications for certificates shall be submitted by fax or electronic mail to the competent authority in the Member State in which the undertaking was approved. The competent authorities of the Member States may require that electronic applications be accompanied by an advance electronic signature within the meaning of Directive 1999/93/EC of the European Parliament and of the Council (9).
5. To be admissible, the applications shall fulfil the following conditions:
(a) |
the applications shall indicate:
|
(b) |
the quantities applied for in this application period, expressed in tonnes of white sugar equivalent and tonnes of isoglucose in dry matter, shall not exceed 50 000 tonnes in the case of sugar and 2 500 tonnes in the case of isoglucose; |
(c) |
if the application concerns sugar, the applicant shall commit himself to pay the minimum beet price, set out in Article 49 of Regulation (EC) No 1234/2007, for the quantity of sugar covered by certificates issued in accordance with Article 6 of this Regulation; |
(d) |
the application shall be written in the official language or one of the official languages of the Member State in which the application is lodged; |
(e) |
the application shall indicate a reference to this Regulation and the expiry date for the submission of the applications; |
(f) |
the applicant shall not introduce any additional conditions to those laid down in this Regulation. |
6. An application which is not submitted in accordance with paragraphs 1 to 5 shall not be admissible.
7. An application may not be withdrawn or amended after its submission, even if the quantity applied for is granted only partially.
Article 3
Submission of applications
The period during which applications may be submitted shall end on 11 June 2013 at 12 noon, Brussels time.
Article 4
Transmission of applications by the Member States
1. The competent authorities of the Member States shall decide on the admissibility of applications on the basis of the conditions set out in Article 2. Where the competent authorities decide that an application is inadmissible, they shall inform the applicant without delay.
2. The competent authority shall notify the Commission on Friday at the latest, by fax or electronic mail, of the admissible applications submitted during the preceding application period. That notification shall not contain the data referred to in Article 2(5)(a)(i). Member States that received no applications but have sugar or isoglucose quota allocated to them in the 2012/2013 marketing year, shall also send their nil returns notifications to the Commission within the same time limit.
3. The form and content of the notifications shall be defined on the basis of models made available by the Commission to the Member States.
Article 5
Exceeded limits
When the information notified by the competent authorities of the Member States pursuant to Article 4(2) indicates that the quantities applied for exceed the limits set out in Article 1, the Commission shall:
(a) |
fix an allocation coefficient, which the Member States shall apply to the quantities covered by each notified certificate application; |
(b) |
reject applications not yet notified. |
Article 6
Issue of certificates
1. Without prejudice to Article 5, on the 10th working day following a week where the application period ended, the competent authority shall issue certificates for the applications notified to the Commission, in accordance with Article 4(2).
2. Each Monday Member States shall notify the Commission of the quantities of sugar and/or isoglucose for which they issued certificates in the preceding week.
3. A template of the certificate is set out in the Annex.
Article 7
Validity of certificates
Certificates shall be valid until the end of the second month following the month of issue.
Article 8
Transferability of certificates
Neither the rights nor the obligations deriving from the certificates shall be transferable.
Article 9
Price reporting
For the purpose of Article 13(1) of Regulation (EC) No 952/2006, the quantity of sugar sold which is covered by a certificate issued pursuant to this Regulation shall be considered as quota sugar.
Article 10
Monitoring
1. Applicants shall add to their monthly notifications provided for in Article 21(1) of Regulation (EC) No 952/2006 the quantities for which they received certificates in accordance with Article 6 of this Regulation.
2. Before 31 October 2013, each holder of a certificate under this Regulation shall submit to the competent authorities of the Member States proof that all quantities covered by his certificates were released on the Union market. Each tonne covered by a certificate but not released on the Union market for reasons other than force majeure, shall be subject to payment of an amount of EUR 323/tonne.
3. Member States shall notify the Commission of the quantities not released on the Union market.
4. Member States shall calculate and notify the Commission of the difference between the total quantity of sugar and isoglucose produced by each producer in excess of the quota and the quantities which have been disposed by the producers in accordance with the second subparagraph of Article 4(1) of Regulation (EC) No 967/2006. If the remaining quantities of out-of-quota sugar or isoglucose of a producer are less than the quantities issued for that producer for under this Regulation, the producer shall pay an amount of EUR 500/tonne on that difference.
5. The notifications provided for in paragraphs 3 and 4 shall be made not later than 30 June 2014.
Article 11
Date of establishment
For the purposes of Article 2(2) and Article 6(3)(a) of Regulation (EC, Euratom) No 1150/2000, the date of establishment of the Union’s entitlement shall be the date on which the surplus levy is paid by the applicants in accordance with Article 1(2) of this Regulation.
Article 12
Entry into force
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall expire on 30 June 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 May 2013.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 299, 16.11.2007, p. 1.
(4) OJ L 84, 23.3.2013, p. 19.
(5) OJ L 176, 30.6.2006, p. 22.
(6) OJ L 178, 1.7.2006, p. 39.
(7) OJ L 163, 23.6.2007, p. 17.
1.6.2013 |
EN |
Official Journal of the European Union |
L 147/8 |
COMMISSION IMPLEMENTING REGULATION (EU) No 506/2013
of 31 May 2013
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
Whereas:
(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, |
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
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, 31 May 2013.
For the Commission, On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
(EUR/100 kg) |
||
CN code |
Third country code (1) |
Standard import value |
0702 00 00 |
AL |
15,1 |
MA |
57,6 |
|
MK |
65,0 |
|
TN |
27,7 |
|
TR |
72,4 |
|
ZZ |
47,6 |
|
0707 00 05 |
AL |
41,5 |
MK |
46,1 |
|
TR |
142,5 |
|
ZZ |
76,7 |
|
0709 93 10 |
TR |
128,9 |
ZZ |
128,9 |
|
0805 50 10 |
AR |
109,0 |
TR |
97,3 |
|
ZA |
109,6 |
|
ZZ |
105,3 |
|
0808 10 80 |
AR |
158,4 |
BR |
97,8 |
|
CL |
125,0 |
|
CN |
73,1 |
|
NZ |
145,6 |
|
US |
164,9 |
|
ZA |
126,3 |
|
ZZ |
127,3 |
|
0809 29 00 |
US |
781,5 |
ZZ |
781,5 |
(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ ZZ ’ stands for ‘of other origin’.
1.6.2013 |
EN |
Official Journal of the European Union |
L 147/10 |
COMMISSION IMPLEMENTING REGULATION (EU) No 507/2013
of 31 May 2013
fixing the import duties in the cereals sector applicable from 1 June 2013
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EU) No 642/2010 of 20 July 2010 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,
Whereas:
(1) |
Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff. |
(2) |
Article 136(2) of Regulation (EC) No 1234/2007 lays down that, in order to calculate the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question. |
(3) |
Under Article 2(2) of Regulation (EU) No 642/2010, the price to be used for the calculation of the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is the daily cif representative import price determined as specified in Article 5 of that Regulation. |
(4) |
Import duties should be fixed for the period from 1 June 2013 and should apply until new import duties are fixed and enter into force. |
(5) |
Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication, |
HAS ADOPTED THIS REGULATION:
Article 1
From 1 June 2013, the import duties in the cereals sector referred to in Article 136(1) of Regulation (EC) No 1234/2007 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.
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, 31 May 2013.
For the Commission, On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
ANNEX I
Import duties on the products referred to in Article 136(1) of Regulation (EC) No 1234/2007 applicable from 1 June 2013
CN code |
Description |
Import duties (1) (EUR/t) |
1001 19 00 1001 11 00 |
Durum wheat, high quality |
0,00 |
medium quality |
0,00 |
|
low quality |
0,00 |
|
ex 1001 91 20 |
Common wheat seed |
0,00 |
ex 1001 99 00 |
High quality common wheat other than for sowing |
0,00 |
1002 10 00 1002 90 00 |
Rye |
0,00 |
1005 10 90 |
Maize seed other than hybrid |
0,00 |
1005 90 00 |
Maize other than seed (2) |
0,00 |
1007 10 90 1007 90 00 |
Grain sorghum other than hybrids for sowing |
0,00 |
(1) The importer may benefit, under Article 2(4) of Regulation (EU) No 642/2010, from a reduction in the duty of:
— |
EUR 3/t, where the port of unloading is located on the Mediterranean Sea (beyond the Strait of Gibraltar) or on the Black Sea, for goods arriving in the Union via the Atlantic Ocean or the Suez Canal, |
— |
EUR 2/t, where the port of unloading is located in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or on the Atlantic coast of the Iberian Peninsula, for goods arriving in the Union via the Atlantic Ocean. |
(2) The importer may benefit from a flat-rate reduction of EUR 24/t where the conditions laid down in Article 3 of Regulation (EU) No 642/2010 are met.
ANNEX II
Factors for calculating the duties laid down in Annex I
15.5.2013-30.5.2013
1. |
Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:
|
2. |
Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:
|
(1) Premium of EUR 14/t incorporated (Article 5(3) of Regulation (EU) No 642/2010).
(2) Discount of EUR 10/t (Article 5(3) of Regulation (EU) No 642/2010).
(3) Discount of EUR 30/t (Article 5(3) of Regulation (EU) No 642/2010).
DECISIONS
1.6.2013 |
EN |
Official Journal of the European Union |
L 147/13 |
POLITICAL AND SECURITY COMMITTEE DECISION EUBAM LIBYA/1/2013
of 24 May 2013
on the appointment of the Head of Mission of the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya)
(2013/254/CFSP)
THE POLITICAL AND SECURITY COMMITTEE,
Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
Having regard to Council Decision 2013/233/CFSP of 22 May 2013 on the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya) (1), and in particular Article 9(1) thereof,
Whereas:
(1) |
Pursuant to Article 9(1) of Decision 2013/233/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of political control and strategic direction of EUBAM Libya, including the decision to appoint a Head of Mission. |
(2) |
On 22 March 2013, the PSC endorsed the proposal of the High Representative of the Union for Foreign Affairs and Security Policy, dated 18 March 2013, regarding the appointment of Colonel Antti Juhani HARTIKAINEN, and requested him, as proposed future Head of Mission, to assist the Civilian Operations Commander for the purpose of ongoing planning, |
HAS ADOPTED THIS DECISION:
Article 1
Colonel Antti Juhani HARTIKAINEN is hereby appointed Head of the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya) for the period from 22 May 2013 until 21 May 2014.
Article 2
This Decision shall enter into force on 22 May 2013.
Done at Brussels, 24 May 2013.
For the Political and Security Committee
The Chairperson
O. SKOOG
1.6.2013 |
EN |
Official Journal of the European Union |
L 147/14 |
COUNCIL DECISION 2013/255/CFSP
of 31 May 2013
concerning restrictive measures against Syria
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Whereas:
(1) |
On 27 May 2013, the Council agreed to adopt for a period of 12 months restrictive measures against Syria in the following fields, as specified in Council Decision 2012/739/CFSP of 29 November 2012 concerning restrictive measures against Syria (1):
|
(2) |
With regard to the possible export of arms to Syria, the Council took note of the commitment by Member States to proceed in their national policies in agreement with paragraph 2 of the Council Declaration adopted on 27 May 2013, including by assessing the export licence applications on a case-by-case basis, taking full account of the criteria set out in Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment (2). |
(3) |
Further action by the Union is needed in order to implement certain measures, |
HAS ADOPTED THIS DECISION:
CHAPTER I
EXPORT AND IMPORT RESTRICTIONS
Article 1
1. The sale, supply, transfer or export of certain equipment, goods and technology which might be used for internal repression or for the manufacture and maintenance of products which could be used for internal repression, to Syria by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft, shall be prohibited, whether originating or not in their territories.
The Union shall take the necessary measures in order to determine the relevant items to be covered by this paragraph.
2. It shall be prohibited to:
(a) |
provide, directly or indirectly, technical assistance, brokering services or other services related to the items referred to in paragraph 1 or related to the provision, manufacture, maintenance and use of such items, to any natural or legal person, entity or body in, or for use in, Syria; |
(b) |
provide, directly or indirectly, financing or financial assistance related to the items referred to in paragraph 1, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance, for any sale, supply, transfer or export of such items, or for the provision of related technical assistance, brokering services or other services to any natural or legal person, entity or body in, or for use in, Syria. |
3. Paragraphs 1 and 2 shall not apply to sale, supply, transfer or export of certain equipment, goods and technology which might be used for internal repression or for the manufacture and maintenance of products which could be used for internal repression or to the provision of related technical or financial assistance, where a Member State determines on a case-by-case basis that they are intended for food, agricultural, medical or other humanitarian purposes, or for the benefit of UN personnel, or for personnel of the European Union or its Member States.
Article 2
1. The sale, supply, transfer or export of certain equipment, goods or technology other than those referred to in Article 1(1) which might be used for internal repression or for the manufacture and maintenance of products which could be used for internal repression, to Syria by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft, shall be subject to authorisation on a case-by-case basis by the competent authorities of the exporting Member State.
The Union shall take the necessary measures in order to determine the relevant items to be covered by this paragraph.
2. The provision of:
(a) |
technical assistance, brokering services or other services related to the items referred to in paragraph 1 or related to the provision, manufacture, maintenance and use of such items, to any natural or legal person, entity or body in, or for use in, Syria; |
(b) |
financing or financial assistance related to the items referred to in paragraph 1, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance, for any sale, supply, transfer or export of such items, or for the provision of related technical assistance, brokering services or other services to any natural or legal person, entity or body in, or for use in, Syria, |
shall also be subject to an authorisation of the competent authority of the exporting Member State.
Article 3
1. The purchase, import or transport of arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, from Syria or originating in Syria, shall be prohibited.
2. It shall be prohibited to provide, directly or indirectly, financing or financial assistance, including financial derivatives, as well as insurance and reinsurance, and brokering services related to insurance and reinsurance, for any purchase, import or transport of the items referred to in paragraph 1, from Syria or originating in Syria.
Article 4
The sale, supply, transfer or export of equipment or software intended primarily for use in the monitoring or interception by the Syrian regime, or on its behalf, of the Internet and of telephone communications on mobile or fixed networks in Syria and the provision of assistance to install, operate or update such equipment or software shall be prohibited.
The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.
Article 5
1. The purchase, import or transport from Syria of crude oil and petroleum products shall be prohibited.
2. It shall be prohibited to provide, directly or indirectly, financing or financial assistance, including financial derivatives, as well as insurance and reinsurance, related to the prohibitions referred to in paragraph 1.
Article 6
With a view to helping the Syrian civilian population, in particular to meeting humanitarian concerns, restoring normal life, upholding basic services, reconstruction, and restoring normal economic activity or other civilian purposes and by way of derogation from Article 5(1) and (2), the competent authorities of a Member State may authorise the purchase, import or transport from Syria of crude oil and petroleum products and the provision of related financing or financial assistance, including financial derivatives, as well as insurance and reinsurance, provided that the following conditions are met:
(a) |
the Syrian National Coalition for Opposition and Revolutionary Forces has been consulted in advance by the Member State concerned; |
(b) |
the activities concerned are not directly or indirectly for the benefit of a person or entity referred to in Article 28(1); and |
(c) |
the activities concerned do not breach any of the prohibitions laid down in this Decision. |
The relevant Member State shall inform the other Member States of any authorisation granted under this Article.
Article 7
The prohibitions in Article 5 shall be without prejudice to the execution, until 15 November 2011, of obligations provided for in contracts concluded before 2 September 2011.
Article 8
1. The sale, supply or transfer of key equipment and technology for the following key sectors of the oil and natural gas industry in Syria, or to Syrian or Syrian-owned enterprises engaged in those sectors outside Syria, by nationals of Member States, or from the territories of Member States, or using vessels or aircraft under the jurisdiction of Member States shall be prohibited whether or not originating in their territories:
(a) |
refining; |
(b) |
liquefied natural gas; |
(c) |
exploration; |
(d) |
production. |
The Union shall take the necessary measures in order to determine the relevant items to be covered by this paragraph.
2. It shall be prohibited to provide the following to enterprises in Syria that are engaged in the key sectors of the Syrian oil and gas industry referred to in paragraph 1 or to Syrian, or Syrian-owned enterprises engaged in those sectors outside Syria:
(a) |
technical assistance or training and other services related to key equipment and technology as referred to in paragraph 1; |
(b) |
financing or financial assistance for any sale, supply, transfer or export of key equipment and technology as set out in paragraph 1 or for the provision of related technical assistance or training. |
Article 9
1. The prohibition in Article 8(1) shall be without prejudice to the execution of an obligation relating to the delivery of goods provided for in contracts awarded or concluded before 1 December 2011.
2. The prohibitions in Article 8 shall be without prejudice to the execution of an obligation arising from contracts awarded or concluded before 1 December 2011 and relating to investments made in Syria before 23 September 2011 by enterprises established in Member States.
Article 10
With a view to helping the Syrian civilian population, in particular to meeting humanitarian concerns, restoring normal life, upholding basic services, reconstruction, and restoring normal economic activity or other civilian purposes and by way of derogation from Article 8(1) and (2), the competent authorities of a Member State may authorise the sale, supply or transfer of key equipment and technology for the key sectors of the oil and natural gas industry in Syria referred to in Article 8(1), or to Syrian or Syrian-owned enterprises engaged in those sectors outside Syria and the provision of related technical assistance or training and other services, as well as financing or financial assistance, provided that the following conditions are met:
(a) |
the Syrian National Coalition for Opposition and Revolutionary Forces has been consulted in advance by the Member State concerned; |
(b) |
the activities concerned are not directly or indirectly for the benefit of a person or entity referred to in Article 28(1); and |
(c) |
the activities concerned do not breach any of the prohibitions laid down in this Decision. |
The relevant Member State shall inform the other Member States of any authorisation granted under this Article.
Article 11
The delivery of Syrian denominated banknotes and coinage to the Central Bank of Syria shall be prohibited.
Article 12
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 Article.
Article 13
The sale, supply, transfer or export of luxury goods to Syria by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft, shall be prohibited, whether originating or not in their territories.
The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.
CHAPTER II
RESTRICTIONS ON FINANCING OF CERTAIN ENTERPRISES
Article 14
The following shall be prohibited:
(a) |
the granting of any financial loan or credit to enterprises in Syria that are engaged in the Syrian oil industry sectors of exploration, production or refining, or to Syrian or Syrian-owned enterprises engaged in those sectors outside Syria; |
(b) |
the granting of any financial loan or credit to enterprises in Syria that are engaged in the construction of new power plants for the production of electricity in Syria; |
(c) |
the acquisition or extension of a participation in enterprises in Syria that are engaged in the Syrian oil industry sectors of exploration, production or refining, or in Syrian or Syrian-owned enterprises engaged in those sectors outside Syria, including the acquisition in full of such enterprises and the acquisition of shares or securities of a participating nature; |
(d) |
the acquisition or extension of a participation in enterprises in Syria that are engaged in the construction of new power plants for the production of electricity in Syria, including the acquisition in full of such enterprises and the acquisition of shares or securities of a participating nature; |
(e) |
the creation of any joint venture with enterprises in Syria that are engaged in the Syrian oil industry sectors of exploration, production or refining and with any subsidiary or affiliate under their control; |
(f) |
the creation of any joint venture with enterprises in Syria that are engaged in the construction of new power plants for the production of electricity in Syria and with any subsidiary or affiliate under their control. |
Article 15
1. The prohibitions set out in points (a) and (c) of Article 14:
(i) |
shall be without prejudice to the execution of an obligation arising from contracts or agreements concluded before 23 September 2011; |
(ii) |
shall not prevent the extension of a participation, if such extension is an obligation under an agreement concluded before 23 September 2011. |
2. The prohibitions set out in points (b) and (d) of Article 14:
(i) |
shall be without prejudice to the execution of an obligation arising from contracts or agreements concluded before 1 December 2011; |
(ii) |
shall not prevent the extension of a participation, if such extension is an obligation under an agreement concluded before 1 December 2011. |
Article 16
With a view to helping the Syrian civilian population, in particular to meeting humanitarian concerns, restoring normal life, upholding basic services, reconstruction, and restoring normal economic activity or other civilian purposes and by way of derogation from points (a), (c) and (e) of Article 14, the competent authorities of a Member State may authorise the granting of any financial loan or credit to or the acquisition or extension of a participation in enterprises in Syria that are engaged in the Syrian oil industry sectors of exploration, production or refining, or Syrian or Syrian-owned enterprises engaged in those sectors outside Syria, or the creation of any joint venture with enterprises in Syria that are engaged in the Syrian oil industry sectors of exploration, production or refining and with any subsidiary or affiliate under their control, provided that the following conditions are met:
(a) |
the Syrian National Coalition for Opposition and Revolutionary Forces has been consulted in advance by the Member State concerned; |
(b) |
the activities concerned are not directly or indirectly for the benefit of a person or entity referred to in Article 28(1); and |
(c) |
the activities concerned do not breach any of the prohibitions laid down in this Decision. |
The relevant Member State shall inform the other Member States of any authorisation granted under this Article.
CHAPTER III
RESTRICTIONS ON INFRASTRUCTURE PROJECTS
Article 17
1. Participation in the construction of new power plants for the production of electricity in Syria shall be prohibited.
2. It shall be prohibited to provide technical assistance or financing or financial assistance to the construction of new power plants for the production of electricity in Syria.
3. The prohibition in paragraphs 1 and 2 shall be without prejudice to the execution of an obligation arising from contracts or agreements concluded before 1 December 2011.
CHAPTER IV
RESTRICTIONS ON FINANCIAL SUPPORT FOR TRADE
Article 18
1. Member States shall exercise restraint in entering into new short and medium-term commitments for public and private provided financial support for trade with Syria, including the granting of export credits, guarantees or insurance, to their nationals or entities involved in such trade, with a view to reducing their outstanding amounts, in particular to avoid any financial support contributing to the violent repression against the civilian population in Syria. In addition, Member States shall not enter into new long-term commitments for public and private provided financial support for trade with Syria.
2. Paragraph 1 shall not affect commitments established prior to 1 December 2011.
3. Paragraph 1 shall not concern trade for food, agricultural, medical or other humanitarian purposes.
CHAPTER V
FINANCIAL SECTOR
Article 19
Member States shall not enter into new commitments for grants, financial assistance or concessional loans to the Government of Syria, including through their participation in international financial institutions, except for humanitarian and developmental purposes.
Article 20
The following shall be prohibited:
(a) |
any disbursement or payment by the European Investment Bank (EIB) under or in connection with any existing loan agreements entered into between Syria and the EIB; |
(b) |
the continuation by the EIB of any existing Technical Assistance Service Contracts for sovereign projects located in Syria. |
Article 21
The following shall be prohibited: the direct or indirect sale or purchase of, or brokering or assistance in the issuance of Syrian public or public-guaranteed bonds issued after 1 December 2011 to and from the Government of Syria, its public bodies, corporations and agencies, the Central Bank of Syria, or banks domiciled in Syria, or branches and subsidiaries within and outside the jurisdiction of Member States of banks domiciled in Syria, or financial entities that are neither domiciled in Syria nor within the jurisdiction of the Member States, but are controlled by persons and entities domiciled in Syria as well as any persons and entities acting on their behalf or at their direction, or entities owned or controlled by them.
Article 22
1. The opening of new branches, subsidiaries, or representative offices of Syrian banks in the territories of Member States, and the establishment of new joint ventures, or the taking of an ownership interest, or the establishment of new correspondent banking relationships by Syrian banks, including the Central Bank of Syria, its branches and subsidiaries and financial entities that are not domiciled in Syria, but are controlled by persons or entities domiciled in Syria, with banks in the jurisdiction of Member States, shall be prohibited.
2. Financial institutions within the territories of the Member States or under their jurisdiction shall be prohibited from opening representative offices, subsidiaries or banking accounts in Syria.
Article 23
With a view to helping the Syrian civilian population, in particular to meeting humanitarian concerns, restoring normal life, upholding basic services, reconstruction, and restoring normal economic activity or other civilian purposes and by way of derogation from Article 22(2), the competent authorities of a Member State may authorise financial institutions within the territories of the Member States or under their jurisdiction to open representative offices, subsidiaries or banking accounts in Syria, provided that the following conditions are met:
(a) |
the Syrian National Coalition for Opposition and Revolutionary Forces has been consulted in advance by the Member State concerned; |
(b) |
the activities concerned are not directly or indirectly for the benefit of a person or entity referred to in Article 28(1); and |
(c) |
the activities concerned do not breach any of the prohibitions laid down in this Decision. |
The relevant Member State shall inform the other Member States of any authorisation granted under this Article.
Article 24
1. The provision of insurance and re-insurance to the Government of Syria, its public bodies, corporations and agencies or to any persons or entities acting on their behalf or at their direction, or to entities owned or controlled by them, including through illicit means, shall be prohibited.
2. Paragraph 1 shall not apply to the provision of:
(a) |
health or travel insurance to natural persons; |
(b) |
compulsory or third party insurance to Syrian persons, entities or bodies based in the Union; |
(c) |
insurance or re-insurance to the owner of a vessel, aircraft or vehicle chartered by a Syrian person, entity or body and which person, entity or body is not listed in Annex I or II. |
CHAPTER VI
TRANSPORT SECTOR
Article 25
1. 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 exclusively cargo flights operated by Syrian carriers and all flights operated by Syrian Arab Airlines.
2. Paragraph 1 shall not apply to the access to airports under the jurisdiction of Member States of flights operated by Syrian Arab Airlines, necessary for the sole purpose of evacuating citizens of the Union and their family members from Syria.
Article 26
1. If Member States have information that provides reasonable grounds to believe that the cargo of vessels and aircraft bound for Syria contains items whose supply, sale, transfer or export is prohibited under Article 1 or subject to authorisation under Article 2, they shall inspect, in accordance with their national legislation and consistent with international law, in particular the law of the sea and relevant international civil aviation agreements and maritime transport agreements, such vessels and aircraft in their seaports and airports, as well as in their territorial sea, in accordance with decisions and capabilities of their competent authorities and with the consent, as necessary in accordance with international law for the territorial sea, of the flag State.
2. Member States, in accordance with their national legislation and consistent with international law, shall, upon discovery, seize and dispose of items whose supply, sale, transfer or export is prohibited under Article 1 or 2.
3. Member States shall cooperate, in accordance with their national legislation, with inspections and disposals undertaken pursuant to paragraphs 1 and 2.
4. Aircraft and vessels transporting cargo to Syria shall be subject to the requirement of additional pre-arrival or pre-departure information for all goods brought into or out of a Member State.
CHAPTER VII
RESTRICTIONS ON ADMISSION
Article 27
1. Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the persons responsible for the violent repression against the civilian population in Syria, persons benefiting from or supporting the regime, and persons associated with them, as listed in Annex I.
2. Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.
3. Paragraph 1 shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:
(a) |
as a host country to an international intergovernmental organisation; |
(b) |
as a host country to an international conference convened by, or under the auspices of, the UN; |
(c) |
under a multilateral agreement conferring privileges and immunities; or |
(d) |
under the 1929 Treaty of Conciliation (Lateran pact) concluded by the Holy See (State of the Vatican City) and Italy. |
4. Paragraph 3 shall be considered as also applying in cases where a Member State is host country to the Organisation for Security and Cooperation in Europe (OSCE).
5. The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraph 3 or 4.
6. Member States may grant exemptions from the measures imposed under paragraph 1 where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings, including those promoted by the Union, or hosted by a Member State holding the Chairmanship in office of the OSCE, where a political dialogue is conducted that directly promotes democracy, human rights and the rule of law in Syria.
7. A Member State wishing to grant exemptions referred to in paragraph 6 shall notify the Council in writing. The exemption shall be deemed to be granted unless one or more of the Council members raises an objection in writing within two working days of receiving notification of the proposed exemption. Should one or more of the Council members raise an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.
8. Where, pursuant to paragraphs 3 to 7, a Member State authorises the entry into, or transit through, its territory of persons listed in Annex I, the authorisation shall be limited to the purpose for which it is given and to the person concerned therewith.
CHAPTER VIII
FREEZING OF FUNDS AND ECONOMIC RESSOURCES
Article 28
1. All funds and economic resources belonging to, or owned, held or controlled by persons responsible for the violent repression against the civilian population in Syria, persons and entities benefiting from or supporting the regime, and persons and entities associated with them, as listed in Annexes I and II, shall be frozen.
2. No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of, the natural or legal persons or entities listed in Annexes I and II.
3. The competent authority of a Member State may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as it deems appropriate, after having determined that the funds or economic resources concerned are:
(a) |
necessary to satisfy the basic needs of the persons listed in Annexes I and II and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges; |
(b) |
intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services; |
(c) |
intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources; or |
(d) |
necessary for extraordinary expenses, provided that the competent authority has notified the competent authority of the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted, at least two weeks prior to the authorisation; |
(e) |
necessary for humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies, food, humanitarian workers and related assistance, or evacuations from Syria; |
(f) |
to be paid into or from an account of a diplomatic or consular mission or an international organisation enjoying immunities in accordance with international law, in so far as such payments are intended to be used for official purposes of the diplomatic or consular mission or international organisation. |
A Member State shall inform the other Member States and the Commission of any authorisation it grants under this paragraph.
4. By way of derogation from paragraph 1, the competent authorities of a Member State, may authorise the release of certain frozen funds or economic resources, provided that the following conditions are met:
(a) |
the funds or economic resources are subject of an arbitral decision rendered prior to the date on which the person or entity referred to in Paragraph 1 was listed in Annex I or II or of a judicial or administrative decision rendered in the EU, or a judicial decision enforceable in the Member State concerned, prior to or after that date; |
(b) |
the funds or economic resources will be used exclusively to satisfy claims secured by such a decision or recognised as valid in such a decision, within the limits set by applicable laws and regulations governing the rights of persons having such claims; |
(c) |
the decision is not for the benefit of a person or entity listed in Annex I or II; and |
(d) |
recognising the decision is not contrary to public policy in the Member State concerned. |
A Member State shall inform the other Member States and the Commission of any authorisation granted under this paragraph.
5. Paragraph 1 shall not prevent a designated person or entity from making a payment due under a contract entered into before the listing of such a person or entity, provided that the relevant Member State has determined that the payment is not directly or indirectly received by a person or entity referred to in paragraph 1.
6. Paragraph 1 shall not prevent a designated entity listed in Annex II, for a period of two months after the date of its designation, from making a payment from frozen funds or economic resources received by such entity after the date of its designation, where such payment is due under a contract in connection with the financing of trade, provided that the relevant Member State has determined that the payment is not directly or indirectly received by a person or entity referred to in paragraph 1.
7. Paragraph 2 shall not apply to the addition to frozen accounts of:
(a) |
interest or other earnings on those accounts; or |
(b) |
payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to this Decision, |
provided that any such interest, other earnings and payments remain subject to paragraph 1.
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.
10. Paragraphs 1 and 2 shall not apply to a transfer, by or through a financial entity listed in Annex I or II, of frozen funds or economic resources where the transfer is related to a payment by a person or entity not listed in Annex I or II in connection with the provision of financial support to Syrian nationals pursuing an education, professional training or engaged in academic research in the Union, 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.
11. Paragraphs 1 and 2 shall not apply to acts or transactions carried out, with regard to Syrian Arab Airlines, for the sole purpose of evacuating citizens of the Union and their family members from Syria.
CHAPTER IX
GENERAL AND FINAL PROVISIONS
Article 29
No claims, including for compensation or indemnification or any other claim of this kind, such as a claim of set-off, fines or a claim under a guarantee, claims for extension or payment of a bond, financial guarantee, including claims arising from letters of credit and similar instruments in connection with any contract or transaction the performance of which was affected, directly or indirectly, wholly or in part, by reason of measures covered by this Decision, shall be granted to the designated persons or entities listed in Annexes I and II, or any other person or entity in Syria, including the Government of Syria, its public bodies, corporations and agencies, or any person or entity claiming through or for the benefit of any such person or entity.
Article 30
1. The Council, acting upon a proposal by a Member State or the High Representative of the Union for Foreign Affairs and Security Policy, shall establish and amend the lists in Annexes I and II.
2. The Council shall communicate its decision on listing, including the grounds therefor, to the person or entity concerned, either directly, if the address is known, or through the publication of a notice, providing such person or entity with an opportunity to present observations.
3. Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the person or entity concerned accordingly.
Article 31
1. Annexes I and II shall include the grounds for listing the persons and entities concerned.
2. Annexes I and II shall also contain, where available, the information necessary to identify the persons or entities concerned. With regard to persons, such information may include names, including aliases, date and place of birth, nationality, passport and identity card numbers, gender, address if known, and function or profession. With regard to entities, such information may include names, place and date of registration, registration number and place of business.
Article 32
It shall be prohibited to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions laid down in this Decision.
Article 33
In order to maximise the impact of the measures set out in this Decision, the Union shall encourage third States to adopt restrictive measures similar to those contained in this Decision.
Article 34
This Decision shall apply until 1 June 2014. It shall be kept under constant review. It shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.
Article 35
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.
Done at Brussels, 31 May 2013.
For the Council
The President
E. GILMORE
ANNEX I
List of natural and legal persons, entities or bodies referred to in Articles 27 and 28
A. Persons
|
Name |
Identifying information |
Reasons |
Date of listing |
1. |
Bashar ( ) Al-Assad ( ) |
Date of birth: 11 September 1965; Place of birth: Damascus; diplomatic passport No D1903 |
President of the Republic; person authorising and supervising the crackdown on demonstrators. |
23.5.2011 |
2. |
Maher ( ) (a.k.a. Mahir) Al-Assad ( ) |
Date of birth: 8 December 1967; diplomatic passport No 4138 |
Commander of the Army's 4th Armoured Division, member of Ba'ath Party Central Command, strongman of the Republican Guard; brother of President Bashar Al-Assad; principal overseer of violence against demonstrators. |
9.5.2011 |
3. |
Ali ( ) Mamluk ( ) (a.k.a. Mamlouk) |
Date of birth: 19 February 1946; Place of birth: Damascus; diplomatic passport No 983 |
Head of Syrian General Intelligence Directorate (GID); involved in violence against demonstrators. |
9.5.2011 |
4. |
Atej ( ) (a.k.a. Atef, Atif) Najib ( ) (a.k.a. Najeeb) |
|
Former Head of the Political Security Directorate in Dara'a; cousin of President Bashar Al-Assad; involved in violence against demonstrators. |
9.5.2011 |
5. |
Hafiz ( ) Makhluf ( ) (a.k.a. Hafez Makhlouf) |
Date of birth: 2 April 1971; Place of birth: Damascus; diplomatic passport No 2246 |
Colonel and Head of Unit in General Intelligence Directorate, Damascus Branch; cousin of President Bashar Al-Assad; close to Maher Al-Assad; involved in violence against demonstrators. |
9.5.2011 |
6. |
Muhammad ( ) Dib ( ) Zaytun ( ) (a.k.a. Mohammed Dib Zeitoun) |
Date of birth: 20 May 1951; Place of birth: Damascus; diplomatic passport No D000001300 |
Head of Political Security Directorate; involved in violence against demonstrators. |
9.5.2011 |
7. |
Amjad ( ) Al-Abbas ( ) |
|
Head of Political Security in Banyas, involved in violence against demonstrators in Baida. |
9.5.2011 |
8. |
Rami ( ) Makhlouf ( ) |
Date of birth: 10 July 1969; Place of birth: Damascus; passport No 454224 |
Syrian businessman; cousin of President Bashar Al-Assad, controls the investment funds Al Mashreq, Bena Properties, Cham Holding, Syriatel, Souruh Company thereby furnishing financing and support to the regime. |
9.5.2011 |
9. |
Abd Al-Fatah ( ) Qudsiyah ( ) |
Born: 1953; Place of birth: Hama; diplomatic passport No D0005788 |
Head of Syrian Military Intelligence (SMI); involved in violence against the civilian population. |
9.5.2011 |
10. |
Jamil ( ) (a.k.a. Jameel) Hassan ( ) |
|
Head of Syrian Air Force Intelligence; involved in violence against the civilian population. |
9.5.2011 |
11. |
Rustum ( ) Ghazali ( ) |
Date of birth: 3 May 1953; Place of birth: Dara'a; diplomatic passport No D000000887 |
Head of Syrian Military Intelligence, Damascus Countryside Branch; involved in violence against the civilian population. |
9.5.2011 |
12. |
Fawwaz (
|