Regulation 2014/1323 - Amendment of Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria - Main contents

EN

Official Journal of the European Union

L 358/1

Council Regulation (EU) No 36/2012 (2) gives effect to most of the measures provided for in Decision 2013/255/CFSP.

On 12 December 2014, the Council adopted Decision 2014/901/CFSP (3) amending Decision 2013/255/CFSP in order to prevent jet fuels and additives being sold, supplied, transferred or exported, whether or not originating in the Union, to any person, entity or body in Syria, or for use in Syria.

Furthermore, it should be prohibited to provide financing or financial assistance, including financial derivatives, as well as insurance and reinsurance or brokering services, to any person, entity or body in Syria or for use in Syria with respect to the sale, supply, transfer or export of jet fuels and additives in Syria, or for use in Syria.

It is necessary to provide for a prohibition on the participation, knowing and intentional, in activities the object or effect of which is to circumvent the provisions of this Regulation.

It is necessary to amend the no claims clause provided for in Regulation (EU) No 36/2012 in accordance with the wording of the Guidelines on implementation and evaluation of restrictive measures (sanctions) in the framework of the EU Common Foreign and Security Policy.

These measures fall within the scope of the Treaty and, therefore, in particular with a view to ensuring their uniform application by economic operators in all Member States, action at the level of the Union is necessary in order to implement them.

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

The following Article is inserted:

‘Article 7a

• 1. 

  It shall be prohibited to:

• 2. 

  Annex Va shall include jet fuel and fuel additives.

• 3. 

  By way of derogation from paragraph 1, the competent authorities in the Member States as identified on the websites listed in Annex III may authorise the sale, supply, transfer or export of jet fuel and fuel additives and the provision of financing and financial assistance, including financial derivatives, as well as insurance and reinsurance and brokering services related to the sale, supply, transfer or export of jet fuel and fuel additives as identified in Annex Vb to any person, entity or body in Syria, or for use in Syria under such conditions as they deem appropriate, having determined that the jet fuel and fuel additives are required by the United Nations, or bodies acting on its behalf, for humanitarian purposes such as delivering or facilitating the delivery of assistance, including medical supplies, food or the transfer of humanitarian workers and related assistance, or for evacuations from Syria or within Syria.

• 4. 

  The Member States concerned shall within four weeks inform the other Member States and the Commission of any authorisations granted under this Article.

• 5. 

  The prohibition laid down in paragraph 1 shall not apply to:

.

Article 27 is replaced by the following:

‘Article 27

• 1. 

  No claims in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by the measures imposed under this Regulation, including claims for indemnity or any other claim of that type, such as a claim for compensation or a claim under a guarantee, in particular a claim for extension or payment of a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by:

• 2. 

  In any proceedings for the enforcement of a claim, the onus of proving that satisfying the claim is not prohibited under paragraph 1 shall be on the person seeking the enforcement of that claim.

• 3. 

  This Article is without prejudice to the right of the persons, entities and bodies referred to in paragraph 1 to judicial review of the legality of the non-performance of contractual obligations in accordance with this Regulation.’

.

The following Article is inserted:

‘Article 27a

It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the provisions of Articles 2a, 3, 3a, 4, 5, 6, 7a, 8, 9, 11, 11a, 11b, 11c, 12, 13, 14, 24, 25, 26 and 26a.’

.

Annex I to this Regulation is inserted as Annex Va to Regulation (EU) No 36/2012.

Annex II to this Regulation is inserted as Annex Vb to Regulation (EU) No 36/2012.