Council Regulation (EU) 2015/1861 of 18 October 2015 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 (1),

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

Whereas:

(1) Council Regulation (EU) No 267/2012 (2) gives effect to the measures provided for in Decision 2010/413/CFSP.

(2) On 18 October 2015, the Council adopted Decision (CFSP) 2015/1863 (3) amending Decision 2010/413/CFSP, providing for certain measures in accordance with United Nations Security Council Resolution (UNSCR) 2231 (2015) endorsing the Joint Comprehensive Plan of Action of 14 July 2015 (‘JCPOA’) on the Iran nuclear issue and providing for actions to take place in accordance with the JCPOA.

(3) UNSCR 2231 (2015) determines that upon verification by the International Atomic Energy Agency (IAEA) of the implementation of Iran's nuclear-related commitments as set out in the JCPOA, the provisions of UNSCRs 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008), 1929 (2010) and 2224 (2015) are to be terminated.

(4) UNSCR 2231 (2015) further determines that States are to comply with the relevant provisions contained in Annex B to UNSCR 2231 (2015) aimed at promoting transparency and creating an atmosphere conducive to the full implementation of the JCPOA.

(5) In accordance with the JCPOA, Decision (CFSP) 2015/1863 provides for the termination of all Union nuclear-related economic and financial restrictive measures simultaneously with the IAEA-verified implementation by Iran of the agreed nuclear-related measures. Furthermore, Decision (CFSP) 2015/1863 introduces an authorisation regime for reviewing and deciding on nuclear-related transfers to, or activities with, Iran not covered by UNSCR 2231 (2015) in full consistency with the JCPOA.

(6) The commitment to lift all Union nuclear-related restrictive measures in accordance with the JCPOA is without prejudice to the dispute-resolution mechanism specified in the JCPOA and to the reintroduction of Union restrictive measures in the event of significant non-performance by Iran of its commitments under the JCPOA.

(7) In case of reintroduction of Union restrictive measures, adequate protection for the execution of contracts concluded in accordance with the JCPOA while sanctions relief was in force will be provided consistent with previous provisions when sanctions were originally imposed.

(8) The power to amend the lists in Annexes VIII, IX, XIII and XIV to Regulation (EU) No 267/2012 should be exercised by the Council, in view of the specific threat to international peace and security posed by Iran's nuclear programme, and to ensure consistency with the process for amending and reviewing Annexes I, II, III and IV to Decision 2010/413/CFSP.

(9) Regulatory action at the level of the Union is necessary in order to implement the measures, in particular with a view to ensuring their uniform application by economic operators in all Member States.

(10) 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:

(2) Articles 2, 3 and 4 are deleted.

(7) Articles 6, 7, 8, 9, 10, 10a, 10b, and 10c are deleted.

(9) Articles 10e, 10f, 11, 12, 13, 14, 14a and 15 are deleted.

(11) Articles 15b, 15c, 16, 17, 18, 19, 20, 21 and 22 are deleted.

(12) Article 23(4) is replaced by the following: ‘4.   Without prejudice to the derogations provided for in Articles 24, 25, 26, 27, 28, 28a, 28b and 29, it shall be prohibited to supply specialised financial messaging services, which are used to exchange financial data, to the natural or legal persons, entities or bodies listed in Annexes VIII and IX.’.

(15) Articles 30, 30a, 30b, 31, 33, 34 and 35 are deleted.

(16) Articles 36 and 37 are replaced by the following: ‘Article 36 The person providing advance information as determined in the relevant provisions concerning summary declarations as well as customs declarations in Regulation (EEC) No 2913/92 and in Regulation (EEC) No 2454/93 shall also present any authorisations if required by this Regulation.

Article 37

(17) Article 37a and 37b are deleted.

(19) Article 39 is deleted.

(21) Article 41 is replaced by the following: ‘Article 41 It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the measures in Article 2a, 2b, 2c, 2d, 3a, 3b, 3c, 3d, 4a, 4b, 5, 10d, 15a, 23, 23a and 37 of this Regulation.’.

(22) In Article 42, paragraph 3 is deleted.

(23) Articles 43, 43a, 43b and 43c are deleted.

(25) Article 45 is replaced by the following: ‘Article 45 The Commission shall amend Annexes I, II, III, VIIA, VIIB and X on the basis of information supplied by Member States.’.

(26) Article 46 is replaced by the following: ‘Article 46

(27) Annexes I, II and III are replaced by the text set out in Annex I to this Regulation.

(28) Annexes IV, IVA, V, VI, VIA, VIB and VII are deleted.

(29) Annexes VIIA and VIIB are replaced by the text set out in Annex II to this Regulation.

(30) Annex X is replaced by the text set out in Annex III to this Regulation.

(31) Annexes XI and XII are deleted.

(32) Annexes XIII and XIV, as set out in Annex IV to this Regulation, are added.

Article 2

This Regulation shall enter into force on the date following that of its publication in the Official Journal of the European Union.

It shall apply from the date referred to in the second subparagraph of Article 2 of Decision (CFSP) 2015/1863. The date of application shall be published on the same day 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, 18 October 2015.

For the Council The President J. ASSELBORN

(1) OJ L 195, 27.7.2010, p. 39.

(2) Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (OJ L 88, 24.3.2012, p. 1).

(3) Council Decision (CFSP) 2015/1863 of 18 October 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (see page 174 of this Official Journal).