Explanatory Memorandum to JOIN(2012)7 - Amendment of Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran

Please note

This page contains a limited version of this dossier in the EU Monitor.



1. Council Regulation (EU) No 961/2010 prohibits the sale, supply, transfer or export from the EU to Iran of equipment which may be used for internal repression.

2. The measures adopted in Regulation (EU) No 961/2010 reflect the Council's concerns over the nature of Iran's nuclear programme, whereas the measures adopted in Regulation (EU) No 359/2011 reflect its concerns about the deterioration of the human rights situation in Iran.

3. The Commission and the High Representative propose that the prohibition on the sale, supply, transfer or export of equipment which may be used for internal repression is a measure taken primarily in view of the Council's concerns regarding the deterioration of the human rights situation in Iran, and that, as such, it should be included in Regulation (EU) No 359/2011.

4. Accordingly, it is proposed to include in Regulation (EU) No 359/2011 a measure prohibiting the sale, supply, transfer or export from the EU to Iran of equipment which may be used for internal repression. At the same time, the Commission and the High Representative propose a new Regulation repealing and replacing Regulation (EU) No 961/2010, in which the said measure directed against internal repression is deleted.

5. In view of the deterioration of the human rights situation in Iran, Council Decision 2012/…/CFSP provides for an additional measure, namely a prohibition on the export of telecommunications monitoring equipment for use by the Iranian regime.

6. This measure falls within the scope of the Treaty on the Functioning of the European Union and, therefore, notably with a view to ensuring its uniform application by economic operators in all Member States, regulatory action at the level of the Union is necessary in order to implement it.

7. Annex II to Regulation (EC) No 359/2011, listing the competent authorities to which specific functions relating to the implementation of the Regulation are attributed, should also be updated on the basis of the information most recently provided by Member States regarding the identification of competent authorities.

8. The High Representative of the EU for Foreign Affairs and Security Policy and the Commission propose to give effect to these measures by means of a Regulation based on Article 215 of the Treaty on the Functioning of the European Union.