THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010(1), and in particular Article 46(2) thereof,
Whereas:
(1) On 23 March 2012 the Council adopted Regulation (EU) No 267/2012.
(2) In accordance with Council Decision (CFSP) 2017/83(2), several entities should be removed from the list of persons and entities subject to restrictive measures set out in Annex IX to Regulation (EU) No 267/2012.
(3) Following the judgments of the General Court in Cases T-182/13(3), T-433/13(4), T-158/13(5), T-5/13(6) and T-45/14(7), Moallem Insurance Company, Petropars Operation & Management Company, Petropars Resources Engineering Ltd, Iran Aluminium Company, Iran Liquefied Natural Gas Co., Hanseatic Trade Trust & Shipping (HTTS) GmbH and Naser Bateni are not included in the list of persons and entities subject to restrictive measures set out in Annex IX to Regulation (EU) No 267/2012.
(4) Following the judgment of the Court of Justice in Case C-200/13 P(8), Bank Saderat Iran is not included in the list of persons and entities subject to restrictive measures set out in Annex IX to Regulation (EU) No 267/2012. Consequently, and for legal certainty, the entry concerning Bank Saderat PLC (London) in that Annex should be deleted.
(5) Regulation (EU) No 267/2012 should be amended accordingly,
HAS ADOPTED THIS REGULATION:
Council Decision (CFSP) 2017/83 of 16 January 2017 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (see page 92 of this Official Journal).
Judgment of the General Court of 10 July 2014, Moallem Insurance Co. v Council of the European Union, T-182/13, ECLI:EU:T:2014:624.
Judgment of the General Court of 5 May 2015, Petropars Iran Co. and Others v Council of the European Union, T-433/13, ECLI:EU:T:2015:255.
Judgment of the General Court of 15 September 2015, Iranian Aluminium Co. (Iralco) v Council of the European Union, T-158/13, ECLI:EU:T:2015:634.
Judgment of the General Court of 18 September 2015, Iran Liquefied Natural Gas Co. v Council of the European Union, T-5/13, ECLI:EU:T:2015:644.
Judgment of the General Court of 18 September 2015, HTTS Hanseatic Trade Trust & Shipping GmbH and Naser Bateni v Council of the European Union, T-45/14, ECLI:EU:T:2015:650.
Judgment of the Court of Justice of 21 April 2016, Council of the European Union v Bank Saderat Iran, C-200/13 P, ECLI:EU:C:2016:284.