LegalizeCouncil Regulation (EU) No 697/2013 of 22 July 2013 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
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 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (1),
Having regard to the joint proposals from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,
Whereas:
(1) On 18 January 2012, the Council adopted Regulation (EU) No 36/2012 (2) in order to give effect to Council Decision 2011/782/CFSP of 1 December 2011 concerning restrictive measures against Syria (3).
(2) On 29 November 2012, the Council adopted Decision 2012/739/CFSP (4) which repealed and replaced Decision 2011/782/CFSP.
(3) On 1 June 2013 Decision 2012/739/CFSP expired.
(4) On 31 May 2013, the Council adopted Decision 2013/255/CFSP.
(5) Annex IX to Regulation (EU) No 36/2012 lists items which are subject to prior authorisation prior to sale, supply, transfer or export in accordance with Article 2b of Regulation No 36/2012. That list should be expanded to include further items. An exception for products identified as consumer goods should be provided.
(6) 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 necessary in order to ensure the uniform application of such measures by economic operators in all Member States.
(7) Regulation (EU) No 36/2012 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 36/2012 is amended as follows:
(1) Article 2 is replaced by the following: "Article 2
(3) in Article 2c paragraph 2 is replaced by the following: "2. The seizure and disposal of equipment, goods or technology, the supply, sale, transfer or export of which is prohibited by Article 2a of this Regulation may, in accordance with national legislation or the decision of a competent authority, be carried out at the expense of the person or entity referred to in paragraph 1 or, if it is not possible to recover these expenses from that person or entity, the expenses may, in accordance with national legislation, be recovered from any person or entity who assumes responsibility for the carriage of the goods or equipment in the attempted illicit supply, sale, transfer or export.";
(4) the following Article is inserted: "Article 2d A Member State may prohibit or impose an authorisation requirement on the export to Syria of dual-use items referred to in Article 4(2) of Regulation (EC) No 428/2009.";
(10) Annex I is deleted;
Article 2
This Regulation shall enter into force on the 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, 22 July 2013.
For the Council The President C. ASHTON
(1) OJ L 147, 1.6.2013, p. 14.