Explanatory Memorandum to COM(2011)887 - Restrictive measures in view of the situation in Syria

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On 9 May 2011, the Council adopted Regulation (EU) No 442/2011[1] concerning restrictive measures in view of the situation in Syria.

The Council expanded the scope of its measures against Syria by way of Council Regulations on 2 September 2011, 23 September 2011, 13 October 2011 and 14 November, as well as making amendments and additions to the list of targeted persons and entities through successive Council Implementing Regulations. Further measures, which do not fall within the scope of Union law, are set out in corresponding CFSP Decisions of the Council.

In view of the continued brutal repression and violation of human rights by the Government of Syria, the Council has now adopted Council Decision 2011/782/CFSP, by which it calls for new measures, namely a prohibition on the export of telecommunications monitoring equipment for use by the Syrian regime, a prohibition on the participation in certain infrastructure projects and investment in such projects, and additional restrictions on the transfers of funds and the provision of financial services.

These measures fall within the scope of the Treaty on the Functioning of the European Union and, therefore, notably with a view to ensuring its uniform application by economic operators in all Member States, regulatory action at the level of the Union is necessary in order to implement them.

In view of the extent of the amendments introduced, taken together with the various measures already adopted in relation to Syria, it is appropriate to consolidate all the measures into a new regulation which repeals and replaces Regulation (EU) No 442/2011.