Explanatory Memorandum to JOIN(2012)33 - Amendment of Regulation (EU) No 267/2012 concerning restrictive measures against Iran

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Council Regulation (EU) No 267/2012 of 23 March 2012 gives effect to the measures provided for in Decision 2010/413/CFSP concerning restrictive measures against Iran. On 15 October 2012 the Council adopted Decision 2012/635/CFSP which amends Council Decision 2010/413/CFSP and provides for additional restrictive measures against Iran.

These additional measures comprise, in particular, additional restrictions on key equipment and technology which could be used in the petrochemical industry, a ban on the import of Iranian natural gas, as well as an export prohibition on key naval equipment and technology for ship-building, maintenance or refit. Moreover, a ban was imposed on trade in graphite, certain raw or semi-finished metals, such as aluminium and steel, and software for certain industrial processes.

Decision 2012/635/CFSP also called for the review of restrictive measures concerning dual-use goods and technology set out in Annex I to Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items.

In view of Article 215 TFEU, further action by the Union is needed to give effect to these measures.

The High Representative for Foreign Affairs and Security Policy and the Commission should therefore propose to amend Regulation (EU) No 267/2012 accordingly.