Considerations on JOIN(2012)37 - Amendment of Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

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(1) 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[2] in order to give effect to Council Decision 2011/782/CFSP of 1 December 2011 concerning restrictive measures against Syria and repealing Regulation (EU) No 442/2011.[3]

(2) On 29 November 2012, the Council approved Decision 2012/739/CFSP which repealed and replaced Council Decision 2011/782/CFSP of 1 December 2011.

(3) In Council Decision 2012/739/CFSP it has been decided to ban 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.

(4) 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. It is also necessary to clarify that restrictive measures against Syrian Arab Airlines should not prevent acts or transactions carried out for the sole purpose of evacuating citizens of the Union and their family members from Syria.

(5) Article 29 of Regulation (EU) No 36/2012 of 18 January 2012 concerns information to be shared by persons, entities and bodies in order to facilitate compliance with the Regulation. Article 29(2) provides that information provided or received is to be used only for the purposes for which it was provided or received. However, Article 29(2) does not prevent Member States from sharing such information under national law with Syria and other Member States where necessary for the purpose of assisting the recovery of misappropriated assets.

(6) It is also necessary to update Regulation (EC) No 1210/2003 with the latest information provided by Member States regarding the identification of competent authorities and to update the address of the European Commission.

(7) Regulation (EU) No 36/2012 should therefore be amended accordingly.