Council Implementing Regulation (EU) 2023/2196 of 16 October 2023 implementing 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,

Having regard to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (1), and in particular Article 46(2) thereof,

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

Whereas:

(1) On 26 July 2010, the Council adopted Decision 2010/413/CFSP (2) concerning restrictive measures against Iran.

(2) On 23 March 2012, the Council adopted Regulation (EU) No 267/2012 concerning restrictive measures against Iran.

(3) On 14 July 2015, China, France, Germany, the Russian Federation, the United Kingdom and the United States, supported by the High Representative of the Union for Foreign Affairs and Security Policy (‘High Representative’), reached an agreement with Iran on a long-term comprehensive solution to the Iranian nuclear issue. The full implementation of the Joint Comprehensive Plan of Action (JCPOA) would ensure the exclusively peaceful nature of the Iranian nuclear programme, and provide for the comprehensive lifting of all nuclear-related sanctions.

(4) On 20 July 2015, the United Nations Security Council adopted Resolution (UNSCR) 2231 (2015) endorsing the JCPOA, urging its full implementation in accordance with the timetable established in the JCPOA and providing for actions to take place in accordance with the JCPOA.

(5) On 20 July 2015, the Council welcomed and endorsed the JCPOA and committed itself to abiding by its terms and to following the agreed implementation plan. The Council also fully supported UNSCR 2231 (2015).

(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) On 14 January 2020, the High Representative as Coordinator of the Joint Commission of the JCPOA received a letter by the Foreign Ministers of France, Germany and the United Kingdom referring a matter concerning the implementation of Iran’s commitments under the JCPOA to the Joint Commission for resolution through the Dispute Resolution Mechanism, as set out in paragraph 36 of the JCPOA.

(8) On 14 September 2023, the High Representative as Coordinator of the Joint Commission of the JCPOA received a letter by the Foreign Ministers of France, Germany and the United Kingdom related to the implementation of the JCPOA. The Foreign Ministers stated that Iran was in non-compliance since 2019 and considered that this had not been resolved through the JCPOA’s Dispute Resolution Mechanism. They expressed their intention not to take the steps regarding the lifting of further restrictive measures on JCPOA Transition Day on 18 October 2023.

(9) The Council considers that the Union has valid grounds for maintaining after JCPOA Transition Day the restrictive measures against certain persons and entities listed in Annexes I and II to Decision 2010/413/CFSP and Annexes VIII and IX to Regulation (EU) No 267/2012. Therefore, the names of those persons and entities should be transferred from Annex I to Decision 2010/413/CFSP to Annex II to that Decision and from Annex VIII to Regulation (EU) No 267/2012 concerning restrictive measures against Iran to Annex IX to that Regulation.

(10) The Council further considers that the Union has valid grounds for maintaining after JCPOA Transition Day the restrictive measures on financial messaging services, related to the transport sector, related to proliferation-sensitive nuclear activities and associated services, on metals and associated services, on software and associated services and on arms and associated services.

(11) The Council also considers that the Union has valid grounds for not terminating after JCPOA Transition Day the restrictive measures, which were suspended on JCPOA Implementation Day by Council Decision (CFSP) 2015/1863 (3).

(12) Regulation (EU) No 267/2012 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes VIII and IX to Regulation (EU) No 267/2012 are amended in accordance with the Annex to this Regulation.

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 Luxembourg, 16 October 2023.

For the Council The President T. RIBERA RODRÍGUEZ

(1) OJ L 88, 24.3.2012, p. 1.

(2) Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ L 195, 27.7.2010, p. 39).

(3) Council Decision (CFSP) 2015/1863 of 18 October 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ L 274, 18.10.2015, p. 174).