Article 1
Decision 2013/255/CFSP is amended as follows: the following recitals are added:...
Article 2
This Decision shall enter into force on the day following...
Council Decision (CFSP) 2015/1836
of 12 October 2015
amending Decision 2013/255/CFSP concerning restrictive measures against Syria
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Whereas:
(1)
On 9 May 2011, the Council adopted Decision 2011/273/CFSP concerning restrictive measures against Syria.
(2)
Since then, the Council has continued to strongly condemn the violent repression against the civilian population in Syria pursued by the Syrian regime. The Council has repeatedly expressed grave concern about the deteriorating situation in Syria and, in particular, the widespread and systematic violations of human rights and international humanitarian law.
(3)
On 14 April 2014, in line with the Council Conclusions of 23 January 2012, wherein the Council confirmed the Union's commitment to continue its policy of imposing additional measures against the regime as long as the repression continues, the Council stated that the EU would continue its policy of restrictive measures targeting the regime as long as the repression continues.
(4)
The Council has repeatedly noted with great concern the attempts that have been made by the Syrian regime to circumvent EU restrictive measures in order to continue to finance and support the regime's policy of violent repression against the civilian population.
(5)
The Council notes that the Syrian regime continues to pursue its policy of repression and, in view of the gravity of the situation which persists, the Council considers it necessary to maintain and ensure the effectiveness of the restrictive measures in place, by further developing them while maintaining its targeted and differentiated approach and bearing in mind the humanitarian conditions of the Syrian population. The Council considers that certain categories of persons and entities are of particular relevance for the effectiveness of these restrictive measures, given the specific context prevailing in Syria.
(6)
The Council has assessed that because of the close control exercised over the economy by the Syrian regime, an inner cadre of leading businesspersons operating in Syria is only able to maintain its status by enjoying a close association with, and the support of, the regime, and by having influence within it. The Council considers that it should provide for restrictive measures to impose restrictions on admission and to freeze all funds and economic resources belonging to, owned, held or controlled by those leading businesspersons operating in Syria, as identified by the Council and listed in Annex I, in order to prevent them from providing material or financial support to the regime and, through their influence, to increase pressure on the regime itself to change its policies of repression.
(7)
The Council has assessed that, in the context of power in Syria traditionally being exercised on a family basis, power in the present Syrian regime is concentrated in influential members of the Assad and Makhlouf families. The Council considers that it should provide for restrictive measures to freeze all funds and economic resources belonging to, owned, held or controlled by certain members of the Assad and Makhlouf families, and to impose restrictions on admission for such persons, as identified by the Council and listed in Annex I, both to directly influence the regime through members of those families to change its policies of repression, as well as to avoid the risk of circumvention of restrictive measures through family members.
(8)
Ministers within the Syrian Government should be considered jointly and severally responsible for the policy of repression pursued by the Syrian regime. The Council has assessed that former Ministers of the Government of Syria, in the particular context of the present Syrian regime, are likely to have a continuing influence within that regime. The Council therefore considers that it should provide for restrictive measures to freeze all funds and economic resources belonging to, owned, held or controlled by both Ministers within the Syrian Government, and Ministers who held office after May 2011, and to impose restrictions on admission for such persons, as identified by the Council and listed in Annex I.
(9)
The Syrian Armed Forces are a key means by which the regime implements its repressive policies and commits violations of human rights and international humanitarian law, and their serving officers present a serious risk of further committing such violations. Furthermore, in the particular context of the Syrian Armed Forces, the Council has assessed that former senior officers in the Armed Forces are likely to have a continuing influence within the regime. The Council therefore considers that it should provide for restrictive measures to freeze all funds and economic resources belonging to, owned, held or controlled by both senior officers in the Syrian Armed Forces and former senior officers in the Syrian Armed Forces who held such a position after May 2011, and to impose restrictions on admission for such persons, as identified by the Council and listed in Annex I.
(10)
The Syrian security and intelligence services are a key means by which the regime implements its repressive policies and commits violations of human rights and international humanitarian law, and their serving officers present a serious risk of further committing such violations. Furthermore, in the particular context of the Syrian security and intelligence services, the Council has assessed that former officers in those services are likely to have a continuing influence within the regime. The Council therefore considers that it should provide for restrictive measures to freeze funds and economic resources belonging to, owned, held or controlled by both members of the Syrian security and intelligence services and former members of those services who held such a position after May 2011, and to impose restrictions on admission for such persons, as identified by the Council and listed in Annex I.
(11)
The Council has assessed that regime-affiliated militias support the Syrian regime in its repressive policies, commit abuses of human rights and violations of international humanitarian law on the order, and in the name of, the Syrian regime and that their members present a serious risk of further committing such violations. The Council therefore considers that it should provide for restrictive measures to freeze all funds and economic resources belonging to, owned, held or controlled by members of Syrian regime-affiliated militias, and to impose restrictions on admission for such persons, as identified by the Council and listed in Annex I.
(12)
In order to prevent violations of human rights and international humanitarian law through the use of chemical weapons in Syria, the Council considers that it should provide for restrictive measures against persons, entities, units, agencies, bodies or institutions operating in that sector, as identified by the Council and listed in Annex I.
(13)
The restrictive measures are without prejudice to the privileges and immunities enjoyed by members of diplomatic and consular missions who are accredited to an EU Member State, in accordance with international law, including the Vienna Convention on Diplomatic Relations, 1961 and the Vienna Convention on Consular Relations, 1963. Furthermore, the restrictive measures are without prejudice to the performance of diplomatic functions and consular assistance of Member States in Syria.
(14)
Persons or entities within one of the categories referred to in recitals 6 to 12 should not be subject to restrictive measures if there is sufficient information that they are not, or are no longer, associated with the regime or exercise influence over it or do not pose a real risk of circumvention.
(15)
All listing decisions should be made on an individual and case-by-case basis taking into account the proportionality of the measure.
(16)
Decision 2013/255/CFSP , which replaced Decision 2011/273/CFSP, should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Council Decision 2011/273/CFSP of 9 May 2011 concerning restrictive measures against Syria (OJ L 121, 10.5.2011, p. 11).
Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (OJ L 147, 1.6.2013, p. 14).