Regulation 2012/36 - Restrictive measures in view of the situation in Syria - Main contents
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official title
Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2012/36 |
| Original proposal | COM(2011)887  |
| CELEX number i | 32012R0036 |
| Document | 18-01-2012 |
|---|---|
| Publication in Official Journal | 19-01-2012; OJ L 16, 19.1.2012,Special edition in Croatian: Chapter 18 Volume 010 |
| Effect | 19-01-2012; Entry into force Date pub. See Art 37 |
| End of validity | 31-12-9999 |
19.1.2012 |
EN |
Official Journal of the European Union |
L 16/1 |
COUNCIL REGULATION (EU) No 36/2012
of 18 January 2012
concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,
Having regard to Council Decision 2011/782/CFSP of 1 December 2011 concerning restrictive measures against Syria (1),
Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,
Whereas:
(1) |
On 9 May 2011, the Council adopted Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria (2). |
(2) |
The Council expanded the scope of its measures against Syria by way of Council Regulations on 2 September, 23 September, 13 October and 14 November 2011 (3), as well as making amendments and additions to the list of targeted persons and entities through successive Council Implementing Regulations (4). Further measures, which do not fall within the scope of Union law, are set out in the corresponding CFSP Decisions of the Council (5). |
(3) |
In view of the continued brutal repression and violation of human rights by the Government of Syria, Council Decision 2011/782/CFSP provides for additional measures, namely a prohibition on the export of telecommunications monitoring equipment for use by the Syrian regime, a prohibition on the participation in certain infrastructure projects and investment in such projects, and additional restrictions on the transfers of funds and the provision of financial services. |
(4) |
It should be clarified that submitting and forwarding the necessary documents to a bank for the purpose of their final transfer to a person, entity or body that is not listed, to trigger payments allowed under Article 20, does not constitute making funds available within the meaning of Article 14. |
(5) |
The power to amend the list in Annex II and IIa to this Regulation should be exercised by the Council, in view of the serious political situation in Syria, and to ensure consistency with the process for amending and reviewing the Annex to Decision 2011/782/CFSP. |
(6) |
The procedure for amending the lists in Annex II and IIa to this Regulation should include providing designated natural or legal persons, entities or bodies with the grounds for listing, so as to give them an opportunity to submit observations. Where observations are submitted, or substantial new evidence is presented, the Council should review its decision in light of those observations and inform the person, entity or body concerned accordingly. |
(7) |
For the implementation of this Regulation, and in order to create maximum legal certainty within the Union, the names and other relevant data concerning natural and legal persons, entities and bodies whose funds and economic resources must be frozen in accordance with this Regulation, must be made public.Any processing of personal data should comply with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (6) and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (7). |
(8) |
These measures fall 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... |
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