LegalizeCouncil Implementing Regulation (EU) 2023/844 of 24 April 2023 implementing 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,
Having regard to Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011 (1), and in particular Article 32(1) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) On 18 January 2012, the Council adopted Regulation (EU) No 36/2012.
(2) The Council remains deeply concerned about the situation in Syria. After more than a decade, the conflict in Syria is far from over and remains a source of suffering and instability.
(3) The Council notes that the Syrian regime continues to pursue its policy of repression. In view of the gravity of the situation which persists, the Council considers it necessary to maintain and ensure the effectiveness of the restrictive measures in place by further developing them while maintaining their targeted and differentiated approach, and bearing in mind the humanitarian conditions of the Syrian population. The Council considers that certain categories of persons and entities are of particular relevance for the effectiveness of those restrictive measures, given the specific context prevailing in Syria.
(4) The Council has assessed that regime-affiliated militias support the Syrian regime in its repressive policies, commit abuses of human rights and violations of international humanitarian law on behalf of the Syrian regime, and that their members present a serious risk of further committing such violations. In recent years there has been a rise of private security companies operating in Syria, which act as shell companies for regime-affiliated militias and support them through activities such as the recruitment of members. The Council therefore considers that further restrictive measures are necessary to freeze all funds and economic resources belonging to, owned, held or controlled by members of Syrian regime-affiliated militias, as well as persons and entities linked to certain private security companies which support such regime-affiliated militias, and to impose restrictions on admission for such persons, as identified by the Council and listed in Annex II to Regulation (EU) No 36/2012.
(5) The Council is deeply concerned about the rise in narcotics trade originating in Syria. The Council has in particular assessed that the trade in amphetamines has become a regime-led business model, enriching the inner circle of the regime, and providing it with revenue that contributes to its ability to maintain its policies of repression. The Council considers that it should provide for restrictive measures to freeze all funds and economic resources belonging to, owned, held or controlled by certain persons and entities involved in the production or trafficking of narcotics originating in Syria, as identified by the Council and listed in Annex II to Regulation (EU) No 36/2012, and to impose restrictions on admission for such persons, in order to prevent them from providing support to the regime and increase pressure on the regime to change its policies of repression. These measures also aim to reduce the risk of undermining the effectiveness of restrictive measures by targeting the regime’s ability to resort to proceeds from narcotics trade to continue its policy of repression.
(6) In view of the gravity of the situation, the Council considers that 25 persons and 8 entities should be added to the list of natural and legal persons, entities or bodies subject to restrictive measures set out in Annex II to Regulation (EU) No 36/2012.
(7) Regulation (EU) No 36/2012 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Annex II to Regulation (EU) No 36/2012 is amended as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the date 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 Luxembourg, 24 April 2023.
For the Council The President J. BORRELL FONTELLES