Council Decision (CFSP) 2015/1863Show full title

Council Decision (CFSP) 2015/1863

of 18 October 2015

amending Decision 2010/413/CFSP concerning restrictive measures against Iran

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1) On 26 July 2010, the Council adopted Decision 2010/413/CFSP(1) concerning restrictive measures against Iran.

(2) On 24 November 2013, China, France, Germany, the Russian Federation, the United Kingdom and the United States, supported by the High Representative of the Union for Foreign Affairs and Security Policy (‘High Representative’), reached an agreement with Iran on a Joint Plan of Action which sets out an approach towards reaching a long-term comprehensive solution to the Iranian nuclear issue. It was agreed that the process leading to this comprehensive solution would include, as a first step, initial mutually-agreed measures to be taken by both sides for a duration of six months and renewable by mutual consent.

(3) On 2 April 2015, China, France, Germany, the Russian Federation, the United Kingdom and the United States, supported by the High Representative, agreed the key parameters of a Joint Comprehensive Plan of Action (JCPOA) with Iran.

(4) On 14 July 2015, China, France, Germany, the Russian Federation, the United Kingdom and the United States, supported by the High Representative, reached an agreement with Iran on a long-term comprehensive solution to the Iranian nuclear issue. The full implementation of the JCPOA will ensure the exclusively peaceful nature of the Iranian nuclear programme, and provide for the comprehensive lifting of all nuclear-related sanctions.

(5) On 20 July 2015, the United Nations Security Council adopted Resolution (UNSCR) 2231 (2015) endorsing the JCPOA, urging its full implementation in accordance with the timetable established in the JCPOA and providing for actions to take place in accordance with the JCPOA.

(6) On 20 July 2015, the Council welcomed and endorsed the JCPOA and committed itself to abiding by its terms and to following the agreed implementation plan. The Council also fully supported UNSCR 2231 (2015).

(7) The Council further reiterated that Union actions and commitments under the JCPOA related to the lifting of the sanctions will be carried out in accordance with the timeline and detailed arrangements specified in the JCPOA and that the lifting of economic and financial sanctions would come into effect once the International Atomic Energy Agency (IAEA) has verified that Iran has implemented its nuclear-related commitments as set out in the JCPOA.

(8) The Council noted that the provisions under the Joint Plan of Action agreed in Geneva in 2013 had been extended for a further six months, to cover the period until the IAEA has verified that Iran has taken these actions.

(9) The commitment to lift all Union nuclear-related sanctions in accordance with the JCPOA is without prejudice to the dispute-resolution mechanism specified in the JCPOA and to the reintroduction of Union sanctions in the event of significant non-performance by Iran of its commitments under the JCPOA.

(10) In case of reintroduction of Union sanctions, adequate protection for the execution of contracts concluded in accordance with the JCPOA while sanctions relief was in force will be provided consistent with previous provisions when sanctions were originally imposed.

(11) UNSCR 2231 (2015) provides that, upon IAEA-verified implementation of Iran's nuclear-related commitments as set out in the JCPOA, the provisions of UNSCRs 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008), 1929 (2010) and 2224 (2015) are to be terminated.

(12) UNSCR 2231 (2015) further provides that States are to comply with the relevant provisions contained in the statement of 14 July 2015, from China, France, Germany, the Russian Federation, the United Kingdom, the United States and the European Union, attached as Annex B to UNSCR 2231 (2015), aimed at promoting transparency and creating an atmosphere conducive to the full implementation of the JCPOA.

(13) The relevant provisions contained in the statement of 14 July 2015 include a mechanism for review and provide for decisions on nuclear-related transfers to, or activities with, Iran, restrictions on arms, and ballistic missiles, as well as visa-ban and asset-freeze measures applicable to certain persons and entities.

(14) In accordance with the JCPOA, Member States should terminate implementation of all Union nuclear-related economic and financial sanctions simultaneously with the IAEA-verified implementation by Iran of agreed nuclear-related measures.

(15) Moreover, Member States should introduce, on the same date, an authorisation regime for reviewing and deciding on nuclear-related transfers to, or activities with, Iran not covered by UNSCR 2231 (2015), in full consistency with the JCPOA.

(16) In accordance with the JCPOA, a Joint Commission consisting of representatives of Iran and of China, France, Germany, the Russian Federation, the United Kingdom and the United States, with the High Representative, will be established to monitor the implementation of the JCPOA and will carry out the functions provided for in this JCPOA.

(17) Further action by the Union is needed in order to implement certain measures provided for in this Decision.

(18) Decision 2010/413/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

(1)

Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ L 195, 27.7.2010, p. 39).