Explanatory Memorandum to JOIN(2012)37 - Amendment of Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | JOIN(2012)37 - Amendment of Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria. |
|---|---|
| source | JOIN(2012)37  |
| date | 18-12-2012 |
On 18 January 2012, the Council adopted Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011 in order to give effect to Council Decision 2011/782/CFSP of 1 December 2011 concerning restrictive measures against Syria.
On 15 October 2012, the Council approved Decision 2012/634/CFSP amending Decision 2012/782/CFSP of 1 December 2011. These amendments were incorporated into Council Decision 2012/739/CFSP of 29 November 2012 which repealed and replaced Council Decision 2011/782/CFSP of 1 December 2011. Additional elements necessitate amendment of Regulation No 36/2011 of 18 January 2012.
The further prohibitions which have been incorporated into Council Decision 2012/739/CFSP include a ban on the purchase, import or transport of equipment that may be used for internal repression, and financing or financial assistance for the purchase of such items.
It is also necessary to ensure that the restrictive measures against Syrian Arab Airlines do not prevent acts or transactions carried out for the sole purpose of evacuating citizens of the Union and their family members from Syria.
Certain technical amendments to existing measures have become necessary. In particular, certain provisions regarding the controls of funds transfers should be reviewed in order to facilitate their application by competent authorities and operators and to prevent circumvention of the provisions of this Regulation.
Article 29(2) of Regulation (EU) No 36/2012 provides that information provided or received shall be used only for the purposes for which it was provided or received. That provision should be qualified to clarify that this does not prevent Member States from sharing such information with Syria and other Member States in accordance with national law for the purpose of the recovery of misappropriated assets.