EUROPEAN UNION (SYRIA SANCTIONS) (AMENDMENT) ORDER 2017

Size: px

Start display at page:

Download "EUROPEAN UNION (SYRIA SANCTIONS) (AMENDMENT) ORDER 2017"

Felix Simon
5 years ago
Views:

1 European Union (Syria Santions) (Amendment) Order 2017 Artile 1 Statutory Doument No. 2017/0071 European Communities (Isle of Man) At 1973 EUROPEAN UNION (SYRIA SANCTIONS) (AMENDMENT) ORDER 2017 Approved by Tynwald: 21 February 2017 Coming into Operation in aordane with artile 2 The Counil of Ministers makes the following Order under 2A and 2C of the European Communities (Isle of Man) At Title This Order is the European Union (Syria Santions) (Amendment) Order Commenement This Order omes into operation immediately after it is made. 3 Appliation of EU Instrument Subjet to the modifiations set out in the Shedule, Counil Regulation (EU) 2016/ of 6 Deember 2016 amending Regulation (EU) No 36/ onerning restritive measures in view of the situation in Syria applies as part of the law of the Island. 1 OJ L 332, , p. 3 2 Counil Regulation (EU) No 36/2012 of 18 January 2012 onerning restritive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011 (OJ L 16, , p.1). Regulation (EU) No 36/2012, as amended by Regulations (EU) No 168/2012, 509/2012, 545/2012, 867/2012, 325/2013 and 697/2013, was applied to the Island with ertain modifiations by SD 0335/13. Subsequent amendments by Regulations (EU) No 1332/2013, 124/2014 and 1323/2014 were applied to the Island with ertain modifiations by SD 2014/0076, 2014/0098 and 2014/0412 respetively. As it has effet in the Island, any referene in Regulation (EU) No 36/2012 as amended to any Annex in that Regulation is onstrued to be a referene to that Annex as amended from time to time. SD No.2017/0071 Page 1

2 Artile 3 European Union (Syria Santions) (Amendment) Order 2017 MADE W GREENHOW Chief Seretary Page 2 SD No.2017/0071

3 European Union (Syria Santions) (Amendment) Order 2017 SCHEDULE SCHEDULE [Artile 3] MODIFICATIONS TO THE APPLIED INSTRUMENT (1) Exept where otherwise provided below, referenes in the applied EU instrument to Member States and the Union shall be read as if the Island were itself a Member State, its territory were inluded within the Union territory and for the purposes of European Union law, were a separate ountry from the United Kingdom. (2) In the preamble the referene to the Union in High Representative of the Union for Foreign Affairs and Seurity Poliy does not inlude the Island. (3) In the Artile 1(2), in paragraph 2 of the inserted Artile 6a, for shall inform the other Member States and the Commission substitute «may inform suh other Member States or the Commission as it onsiders appropriate». (4) In Artile 1(6), in paragraph 4 of the inserted Artile 16a, for shall inform the other Member States and the Commission substitute «may inform suh other Member States of the Commission as it onsiders appropriate». (5) Omit artile 2. (6) After artile 2, omit the statement of appliation and effet. SD No.2017/0071 Page 3

4 Explanatory Note European Union (Syria Santions) (Amendment) Order 2017 EXPLANATORY NOTE (This note is not part of the Order) This Order applies Counil Regulation (EU) 2016/2137 of 6 Deember 2016 amending Regulation (EU) No 36/2012 onerning restritive measures in view of the situation in Syria, as part of the law of the Island. The EU has amended its santions on Syria to allow for the otherwise prohibited purhase or transportation of oil and petroleum produts in Syria, where the sole purpose is to provide humanitarian relief or assistane to the Syrian population. The amendments also introdue a orresponding derogation from the asset freeze and travel ban. The authorisation provided for by the amendments, is available to entities in reeipt of publi funding for providing aid to Syria, and other entities authorised by Member States. A opy of Counil Regulation (EU) 2016/2137, as amended, is attahed as an Annex but the Annex does not form part of the Order. Page 4 SD No.2017/0071

5 Annex COUNCIL REGULATION (EU) 2016/2137 of 6 Deember 2016 amending Regulation (EU) No 36/2012 onerning restritive measures in view of the situation in Syria THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Funtioning of the European Union, and in partiular Artile 215 thereof, Having regard to Counil Deision 2013/255/CFSP of 31 May 2013 onerning restritive measures against Syria 3, Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Seurity Poliy and the European Commission, Whereas: (1) Counil Regulation (EU) No 36/ gives effet to measures provided for in Deision 2013/255/CFSP. (2) On 6 Deember 2016, the Counil adopted Deision (CFSP) 2016/2144 5, whih provides for amendments to allow for the purhase and transport of oil and petroleum produts and the related provision of finaning or finanial assistane in Syria by learly defined ategories of persons and entities for the sole purpose of providing humanitarian relief or assistane to the ivilian population in Syria. That Deision also amends the relevant assoiated exeptions to the restritions on the freezing of funds and eonomi resoures. (3) This measure falls within the sope of the Treaty on the Funtioning of the European Union and, therefore, in partiular with a view to ensuring uniform appliation of the measure by eonomi operators in all Member States, regulatory ation at the level of the Union is neessary in order to implement it. (4) Regulation (EU) No 36/2012 should therefore be amended aordingly, HAS ADOPTED THIS REGULATION: Artile 1 Regulation (EU) No 36/2012 is amended as follows: (1) Artile 6 is amended as follows: (a) point (d) is replaed by the following: (d) to provide, diretly or indiretly, finaning or finanial assistane, inluding finanial derivatives, as well as insurane and re-insurane, related to the prohibitions set out in point (a); ; (b) the following point is inserted: (da) to provide, diretly or indiretly, finaning or finanial assistane, inluding finanial derivatives, as well as insurane and re-insurane, related to the prohibitions set out in points (b) and (); and ; 3 OJ L 147, , p Counil Regulation (EU) No 36/2012 of 18 January 2012 onerning restritive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011 (OJ L 16, , p. 1). 5 Counil Deision (CFSP) 2016/2144 of 6 Deember 2016 amending Deision 2013/255/CFSP onerning restritive measures against Syria (see page 22 of this Offiial Journal).

6 () point (e) is replaed by the following: (e) to partiipate, knowingly and intentionally, in ativities whose objet or effet is, diretly or indiretly, to irumvent the prohibitions set out in points (a), (b), (), (d) or (da). ; (2) Artile 6a is replaed by the following: Artile 6a 1. The prohibitions set out in points (b), () and (e) of Artile 6 shall not apply to the purhase or transport in Syria of petroleum produts or to the related provision of finaning or finanial assistane by publi bodies or by legal persons, entities or bodies whih reeive publi funding from the Union or Member States to provide humanitarian relief or assistane to the ivilian population in Syria, provided that suh produts are purhased or transported for the sole purposes of providing humanitarian relief in Syria or assistane to the ivilian population in Syria. 2. By way of derogation from points (b), () and (e) of Artile 6, in ases not overed by paragraph 1 of this Artile, the ompetent authority of a Member State, as identified on the website listed in Annex III, may authorise the purhase and transport in Syria of petroleum produts or the provision of related finaning or finanial assistane, under the general and speifi terms and onditions it deems appropriate provided that suh purhase and transport: (a) (b) are for the sole purpose of providing humanitarian relief in Syria or assistane to the ivilian population in Syria; and do not breah any of the prohibitions laid down in this Regulation. The Member State onerned shall inform the other Member States and the Commission may inform suh other Member States or the Commission as it onsiders appropriate of any authorisation granted under this paragraph within two weeks of any authorisation granted. The notifiation shall ontain details about the authorised legal person, entity or body and about its humanitarian ativities in Syria. 3. Nothing in this Artile shall affet ompliane with Counil Regulation (EC) No 2580/2001 *1, with Counil Regulation (EC) No 881/2002 *2 or with Counil Regulation (EU) 2016/1686 *3. (3) the following Artile is inserted: Artile 6b The prohibitions set out in points (b), () and (e) of Artile 6 shall not apply to the purhase or transport in Syria of petroleum produts or the related provision of finaning or finanial assistane by a diplomati or onsular mission, where suh produts are purhased or transported for offiial purposes of the mission. ; (4) in Artile 16, point (e) is replaed by the following: (e) in ases not overed by Artile 16b, to be paid into or from an aount of a diplomati or onsular mission or an international organisation enjoying immunities in aordane with international law, insofar as suh payments are intended to be used for offiial purposes of the diplomati or onsular mission or international organisation; ; (5) in Artile 16, point (f) is deleted; (6) Artile 16a is replaed by the following: *1 Counil Regulation (EC) No 2580/2001 of 27 Deember 2001 on speifi restritive measures direted against ertain persons and entities with a view to ombating terrorism (OJ L 344, , p. 70)." *2 Counil Regulation (EC) No 881/2002 of 27 May 2002 imposing ertain speifi restritive measures direted against ertain persons and entities assoiated with the ISIL (Da'esh) and Al-Qaida organisations (OJ L 139, , p. 9)." *3 Counil Regulation (EU) 2016/1686 of 20 September 2016 imposing additional restritive measures direted against ISIL (Da'esh) and Al-Qaeda and natural and legal persons, entities or bodies assoiated with them (OJ L 255, , p. 1). ;"

7 Artile 16a 1. The prohibition set out in Artile 14(2) shall not apply to funds or eonomi resoures made available by publi bodies or by legal persons, entities or bodies whih reeive publi funding from the Union or Member States to provide humanitarian relief in Syria or assistane to the ivilian population in Syria where the provision of suh funds or eonomi resoures is in aordane with Artile 6a(1). 2. In ases not overed by paragraph 1 of this Artile, and by way of derogation from Artile 14(2), the ompetent authority of the Member States, as identified on the websites listed in Annex III, may authorise the making available of ertain funds or eonomi resoures, under the general and speifi terms and onditions it deems appropriate, provided that the funds or eonomi resoures are neessary for the sole purpose of providing humanitarian relief in Syria or assistane to the ivilian population in Syria. 3. By way of derogation from Artile 14(1), the ompetent authority of the Member State, as identified on the websites listed in Annex III, may authorise the release of ertain frozen funds or eonomi resoures, under the general and speifi terms and onditions it deems appropriate, provided that: (a) the funds or eonomi resoures are neessary for the sole purpose of providing humanitarian relief in Syria or assistane to the ivilian population in Syria; and (b) the funds or eonomi resoures are released to the UN for the purpose of delivering or failitating the delivery of assistane in Syria in aordane with the Syrian Humanitarian Response Plan or any suessor plan oordinated by the UN. 4. The Member State onerned shall inform the other Member States and the Commission may inform suh other Member States or the Commission as it onsiders appropriate of any authorisation granted under paragraphs 2 and 3 of this Artile within two weeks of any authorisation granted. ; (7) the following Artile is inserted: Artile 16b The prohibition set out in Artile 14(2) shall not apply to funds or eonomi resoures made available from the aount of a diplomati or onsular mission where the provision of suh funds or eonomi resoures is for offiial purposes of the mission in aordane with Artile 6b. ; (8) Annex IV is replaed by the Annex to this Regulation. Artile 2 This Regulation shall enter into fore on the day following that of its publiation in the Offiial Journal of the European Union. This Regulation shall be binding in its entirety and diretly appliable in all Member States. Done at Brussels, 6 Deember For the Counil The President P. KAŽIMÍR ANNEX ANNEX IV

8 LIST OF CRUDE OIL AND PETROLEUM PRODUCTS REFERRED TO IN ARTICLE 6 Part A CRUDE OIL HS Code Desription Petroleum oils and oils obtained from bituminous minerals, rude. Part B PETROLEUM PRODUCTS HS Code Desription 2710 Petroleum oils and oils obtained from bituminous minerals, other than rude; preparations not elsewhere speified or inluded, ontaining by weight 70 % or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basi onstituents of the preparations; waste oils (save that the purhase, in Syria, of kerosene jet fuel of CN ode is not prohibited provided that it is intended and used solely for the purpose of the ontinuation of the flight operation of the airraft into whih it is loaded) Petroleum jelly; paraffin wax, mirorystalline petroleum wax, slak wax, ozokerite, lignite wax, peat wax, other mineral waxes, and similar produts obtained by synthesis or by other proesses, whether or not oloured Petroleum oke, petroleum bitumen and other residues of petroleum oils or of oils obtained from bituminous minerals Bitumen and asphalt, natural; bituminous or oil-shale and tar sands; asphaltites and asphalti roks Bituminous mixtures based on natural asphalt, on natural bitumen, on petroleum bitumen, on mineral tar or on mineral tar pith (for example, bituminous mastis, ut-baks).

EUROPEAN UNION (YEMEN SANCTIONS) (AMENDMENT) ORDER 2015

European Union (Yemen Santions) (Amendment) Order 2015 Artile 1 Statutory Doument No. 2015/0244 European Communities (Isle of Man) At 1973 EUROPEAN UNION (YEMEN SANCTIONS) (AMENDMENT) ORDER 2015 Approved