Explanatory Memorandum to COM(2011)543 - Proposal for a COUNCIL DECISION partially suspending the application of the Cooperation Agreement with the Syrian Arab Republic

Please note

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On 9 May 2011, the Council adopted Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria i.

Council Decision 2011/[…]/CFSP of […][2] provides for further measures to be adopted including a prohibition on the purchase, import or transportation from Syria of crude oil and petroleum products, and the freezing of funds and economic resources to further persons and entities who benefit from or support Bashar al-Assad and his regime. The additional persons, entities and bodies to whom the freezing of funds and economic resources to apply are listed in the Annex to the Decision.

These measures have been adopted by Council Regulation (EU) No […]/2011.

Some of the products subject to these measures fall within the scope of the Cooperation Agreement between the European Economic Community and the Syrian Arab Republic, which is to be suspended as far as these products are concerned.

Since March 2011, the Syrian authorities have committed very serious violations of human rights which may amount to crimes against humanity as assessed by the UN High Commissioner for Human Rights in her statement of 18 August 2011.

Besides, the Preamble of the Cooperation Agreement indicates that the Contracting Parties, by concluding this Agreement, wished “to demonstrate their common desire to maintain and strengthen their friendly relations in accordance with the principles of the United Nations Charter”. In the current circumstances, it can no longer be considered that “friendly relations in accordance with the principles of the United Nations Charter” can be pursued with Syria.

On the other hand, the people of Syria, who are already suffering from repression, should not be affected by a suspension of the overall cooperation with Syria. Thus the suspension should be aimed and targeted only at the Syrian authorities. Considering that at present crude oil and petroleum products are products whose trade most benefits the Syrian regime and which thus supports its repressive policies, the suspension of the Cooperation Agreement should be limited to crude oil and petroleum products.