Regulation 2012/1263 - Amendment of Regulation (EU) No 267/2012 concerning restrictive measures against Iran - Main contents
22.12.2012 |
EN |
Official Journal of the European Union |
L 356/34 |
COUNCIL REGULATION (EU) No 1263/2012
of 21 December 2012
amending Regulation (EU) No 267/2012 concerning restrictive measures against Iran
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,
Having regard to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran (1),
Having regard to the joint proposals from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,
Whereas:
(1) |
Regulation (EU) No 267/2012 (2) gives effect to the measures provided for in Decision 2010/413/CFSP. On 15 October 2012, the Council adopted Decision 2012/635/CFSP (3) which amends Decision 2010/413/CFSP and provides for additional restrictive measures against Iran. |
(2) |
Those additional restrictive measures comprise, in particular, an export prohibition on key naval equipment and technology for ship-building, maintenance or refit. Moreover, trade in graphite, raw or semi-finished metals, such as aluminium and steel, and software for certain industrial processes should be prohibited. |
(3) |
The additional restrictive measures also include a ban on the import, purchase or transport of Iranian natural gas. Effective implementation of this prohibition requires that measures be taken to prohibit swaps of natural gas that are known to increase the export of natural gas from Iran in circumvention of the prohibition, or there is reasonable cause to suspect this. The contracts satisfied by use of a pipeline directly connected to the natural gas transmission grid of the Union without any inlet point intended to facilitate the purchase or increase export of natural gas originating in Iran should not be affected by the prohibition on natural gas imports. |
(4) |
Decision 2012/635/CFSP called for the review of restrictive measures concerning dual-use goods and technology set out in Annex I to Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (4), with a view to including certain items in Part 2 of category 5 thereof which might be relevant to industries controlled directly or indirectly by the Islamic Revolutionary Guard Corps or which might be relevant to Iran's nuclear, military or ballistic missile programme while taking into account the need to avoid unintended effects on the civilian population in Iran. |
(5) |
In order to ensure the effective implementation of the prohibition on the sale, supply, transfer or export to Iran of additional key equipment or technology which could be used in the key sectors of the oil, natural gas and petrochemical industries, an additional list of such key equipment and technology should be provided. |
(6) |
For the same reason, lists of items subject to trade restrictions on natural gas, graphite, raw or semi-finished metals, such as aluminium and steel, and software for certain industrial processes should also be provided. |
(7) |
Decision 2012/635/CFSP also prohibits transactions between Union and Iranian banks and financial institutions, unless authorised in advance by the relevant Member State. |
(8) |
Furthermore, Decision 2012/635/CFSP provides for prohibitions on the provision of flagging and classification services to Iranian oil tankers and cargo vessels as well as regarding the supply of vessels designed for the transport or storage of oil and petrochemical products to Iranian persons and entities or to other persons and entities for the purpose of transporting or storing Iranian oil and petrochemical products. |
(9) |
In order to protect the environment and the health and safety of workers, it is necessary to provide that the competent authorities of Member States may take all action they deem necessary to ensure that legal obligations concerning the health and safety of workers and environment protection are respected. In cases of urgency, a Member State should be allowed to take such action without prior notification provided that it notifies the other Member States and the Commission as soon as possible afterwards. |
(10) |
Where a Member State had granted a license to engage in the activities of exploitation of hydrocarbons to a designated person, entity or body before that person, entity or body was designated, the competent authority of that Member State may authorise derogation from certain prohibitions provided for in Regulation (EU) No 267/2012 where such derogation is needed to avoid or remediate environmental damage or permanent destruction of the license's value. |
(11) |
These measures fall within the scope of the Treaty and regulatory action at the level of the Union is therefore necessary in order to implement them, in particular with a view to ensuring their uniform application by economic operators in all Member States. |
(12) |
Regulation (EU) No 267/2012 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 267/2012 is amended as follows:
(1) |
Article 2, is amended as follows:
|
(2) |
In Article 6, the following points are added:
With regard to point (d), the Member State concerned shall inform the other Member States and the Commission, within four weeks, of authorisations granted in accordance with Regulation (EC) No 428/2009. |
(3) |
Article 8 is replaced by the following: "Article 8
|
(4) |
Article 9 is replaced by the following: "Article 9 It shall be prohibited:
|
(5) |
Article 10 is replaced be the following: "Article 10
provided that the natural or legal person, entity or body seeking to engage in such transactions, or to provide assistance to such transactions, has notified, at least 20 working days in advance, the transaction or assistance to the competent authority of the Member State in which it is established.
|
(6) |
The following Articles are inserted: "Article 10a
Article 10b
Article 10c
Article 10d
Article 10e
Article 10f
|
(7) |
Article 12(1) is replaced by the following: "1. The prohibitions in Article 11 shall not apply to:
provided that the person, entity or body seeking to perform the contract referred to in points (a), (b) and (c) has notified, at least 20 working days in advance, the activity or transaction to the competent authority of the Member State in which it is established.". |
(8) |
In Article 14(1), point (c) is replaced by the following:
|
(9) |
The following Article is inserted: "Article 14a
|
(10) |
The following Articles are inserted: "Article 15a
Article 15b
Article 15c The prohibitions in Article 15a shall not apply to the execution, until 15 April 2013, of contracts concluded before 22 December 2012 or ancillary contracts necessary for the execution of such contracts." |
(11) |
Article 23 is amended as follows:
|
(12) |
In Article 25, point (a)(ii) is replaced by the following:
|
(13) |
In Article 26(1), point (a) is replaced by the following:
|
(14) |
Article 28 is replaced by the following: "Article 28 By way of derogation from Article 23(2), the competent authorities may also authorise, under such conditions as they deem appropriate:
provided that the Member State concerned has notified the other Member States and the Commission of its intention to grant an authorisation at least ten working days prior to the authorisation.". |
(15) |
Article 30 is replaced by the following Articles: "Article 30
unless such transfers fall within the scope of paragraph 2 and have been processed in accordance with paragraph 3.
Notifications and requests for authorisations relating to the transfer of funds from an entity falling within the scope of paragraph 1(a) to (d) shall be addressed by or on behalf of the payment service provider of the payee to the competent authorities of the Member States where the payment service provider is established. If the payment service provider of the payer or of the payee does not fall under the scope of this Regulation, notifications and requests for authorisation shall be addressed, in the case of a transfer to an entity falling within the scope of paragraph 1(a) to (d), by the payer, and in the case of a transfer from an entity falling within the scope of paragraph 1(a) to (d), by the payee, to the competent authorities of the Member State in which, respectively, the payer or payee is resident.
Article 30a
Member States shall inform each other of any authorisation rejected at three-monthly intervals.
Article 30b
The requirement for prior authorisation of transfers of funds as provided for in Articles 30(3)(b) and (c), shall be without prejudice to the execution of transfers of funds notified to or authorised by the competent authority in advance before 22 December 2012. Such transfers of funds shall be executed before 15 April 2013. Articles 30 and 30a shall not apply with regard to transfers of funds provided for in Article 29.
A competent authority may charge a fee for the assessment of requests for authorisation.
|
(16) |
Article 31 is replaced by the following: "Article 31
|
(17) |
Article 32 is deleted. |
(18) |
In Articles 33 and 34, references to Article 32(2) are replaced by references to Article 30(1). |
(19) |
The following Articles are inserted: "Article 37a
Article 37b
|
(20) |
Article 41 is replaced by the following: "Article 41 It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the measures in Article 2, 5(1), 8, 9, 10a, 10b, 10d, 10e, 11, 13, 14a, 15a, 15b, 17, 22, 23, 30, 30a, 34, 35, 37a or 37b.". |
(21) |
In Article 43, paragraph 3 is replaced by the following: "3. The Member State concerned shall notify the other Member States and the Commission of the determination referred to in paragraph 1 and its intention to grant an authorisation at least ten working days prior to the authorisation. In case of threat to the environment and/or to the health and safety of workers in the Union requiring urgent action, the Member State concerned may grant an authorisation without prior notification and shall notify the other Member States and the Commission within three working days after having granted the authorisation.". |
(22) |
The following Article is inserted: "Article 43a
|
(23) |
A reference to Article 43a is added in the Title of Annex X. |
(24) |
In Article 45, point (b) is replaced by the following:
|
(25) |
Annex I is replaced by the text set out in Annex I to this Regulation. |
(26) |
The text set out in Annex II of this Regulation is inserted as Annex IVA. |
(27) |
The text set out in Annex III of this Regulation is inserted as Annex VIA. |
(28) |
The text set out in Annex IV of this Regulation is inserted as Annex VIB. |
(29) |
The text set out in Annex V of this Regulation is inserted as Annex VIIA. |
(30) |
The text set out in Annex VI of this Regulation is inserted as Annex VIIB. |
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 2012.
For the Council
The President
-
A.D. MAVROYIANNIS
ANNEX I
"ANNEX I
PART A
Goods and technology referred to in Articles 2(1), (2) and (4), 3(3), 5(1), 6, 8(4), 17(2) and 31(1)
This Annex comprises all goods and technology listed in Annex I to Regulation (EC) No 428/2009, as defined therein, with the exception of those specified in Part A as well as with the exception, until 15 April 2013, of those specified in Part C.
Description |
|||||||||||||||||||||||||
1. |
"Information security" systems and equipment for final use for public telecommunication services and internet service providing or for the protection by the network operator of these services, including components necessary for operation, installation (including on-site installation), maintenance (checking), repair, overhaul and refurbishing services related to those systems and equipment as follows:
|
||||||||||||||||||||||||
2. |
"Software" as follows, for final use for public telecommunication services, internet service providing or for the protection by the network operator of these services:
|
||||||||||||||||||||||||
3. |
"Technology" according to the General Technology Note for the "use" of equipment specified in 1.a.1 or "software" specified in 2.a. or 2.b.1 of this list, for final use for public telecommunication services and internet service providing or for the protection by the network operator of these services. |
PART B
Article 6 applies to the following goods:
Item from Annex I to Regulation (EC) No 428/2009 |
Description |
||||||||||||||||||||||
0A001 |
"Nuclear reactors" and specially designed or prepared equipment and components therefor, as follows:
|
||||||||||||||||||||||
0C002 |
Low enriched uranium covered by 0C002 when it is incorporated in assembled nuclear fuels elements |
PART C
Item from Annex I to Regulation (EC) No 428/2009 |
Description |
||||||||||||||||||||||||
5A002 |
"Information security" systems, equipment and components therefor, as follows:
|
||||||||||||||||||||||||
5D002 |
"Software" as follows:
|
||||||||||||||||||||||||
5E002 |
"Technology" according to the General Technology Note for the "use" of equipment specified in 5A002.a.1 or "software" specified in 5D002.a. or 5D002.c.1 of this list.". |
ANNEX II
"ANNEX IVA
Products referred to in Articles 14a and 31(1)
Natural gas and other gaseous hydrocarbons
HS code |
Description |
2709 00 10 |
Natural gas condensates |
2711 11 00 |
Natural Gas – in liquefied state |
2711 21 00 |
Natural Gas – in gaseous state |
2711 12 |
Propane |
2711 13 |
Butanes |
2711 19 00 |
Other". |
ANNEX III
"ANNEX VIA
Key equipment and technology referred to Articles 8, 10(1)(c) and 31(1)
HS code |
Description |
|
|
7304 22 |
|
7304 23 |
|
7304 24 |
|
7304 29 |
|
ex ex 7305 |
Other tubes and pipes (for example, welded, riveted or similarly closed), having circular cross-sections, the external diameter of which exceeds 406,4 mm, of iron or steel, with a chrome content of 1 % or more and with a cold resistance that can go below -120°C |
|
|
7306 11 |
|
7306 19 |
|
|
|
7306 21 00 |
|
7306 29 00 |
|
Containers for compressed or liquefied gas, of iron or steel: |
|
7311 00 99 |
|
ex ex 7613 |
Aluminium containers for compressed or liquefied gas, of a capacity of 1 000 l or more". |
ANNEX IV
"ANNEX VIB
Key equipment and technology referred to in Articles 10a, 10b, 10c and 31(1)
HS code |
Description |
8406 10 00 |
Steam turbines for marine propulsion |
ex ex 8406 90 |
Parts of steam turbines for marine propulsion |
8407 21 |
Marine propulsion engines, outboard motors |
ex ex 8407 29 |
Marine propulsion engines, other |
8408 10 |
Marine propulsion engines |
ex ex 8409 91 00 |
Parts suitable for use solely or principally with machines of subheadings 8407 21 or 8407 29 |
ex ex 8409 99 00 |
Parts suitable for use solely or principally with machines of subheading 8408 10 |
ex ex 8411 81 |
Other gas turbine of a power not exceeding 5 000 kW, for marine propulsion |
ex ex 8411 82 |
Other gas turbines of a power exceeding 5 000 kW, for marine propulsion |
ex ex 8468 |
Machinery and apparatus for soldering, brazing or welding whether or not capable of cutting, other than those of heading 8515; gas-operated surface tempering machines and appliances: |
ex ex 8483 |
Transmission shafts (including cam shafts and crank shafts) and cranks; bearing housings and plain shaft bearings; gears and gearing; ball or roller screws; gear boxes and other speed changers, including torque converters; flywheels and pulleys, including pulley blocks; clutches and shaft couplings (including universal joints), designed for the propulsion of vessels at the maximum possible deadweight tonnage at scantling draught of 55 000 dwt or more |
8487 10 |
Ships' or boats' propellers and blades therefor |
ex ex 8515 |
Electric (including electrically heated gas), laser or other light or photon beam, ultrasonic, electron beam, magnetic pulse or plasma arc soldering, brazing or welding machines and apparatus, whether or not capable of cutting; electric machines and apparatus for hot spraying of metals or cermets: |
ex ex 9014 10 00 |
Direction finding compasses, solely for the maritime industry |
ex ex 9014 80 00 |
Other navigational instruments and appliances, solely for the maritime industry |
ex ex 9014 90 00 |
Parts and accessories of subheadings 9014 10 00 and 9014 80 00, solely for the maritime industry |
ex ex 9015 |
Surveying (including photogram metrical surveying), hydro graphic, oceanographic, hydrological, meteorological or geophysical instruments and appliances, excluding compasses; rangefinders, solely for the maritime industry ". |
ANNEX V
"ANNEX VIIA
Software for integrating industrial processes referred to in Article 10d, 10e, 10f and 31(1)
1. |
Enterprise Resource Planning software, designed specifically for use in nuclear, military, gas, oil, navy, aviation, financial and construction industries. |
Explanatory note: Enterprise Resource Planning software is software used for financial accounting, management accounting, human resources, manufacturing, supply chain management, project management, customer relationship management, data services, or access control.".
ANNEX VI
"ANNEX VIIB
Graphite and raw or semi-finished metals referred to in Articles 15a, 15b, 15c and 31(1)
Introductory note: The inclusion of goods in this Annex is without prejudice to the rules applicable to the goods included in Annexes I, II and III.
-
1.Graphite
HS code |
Description |
2504 |
Natural graphite |
3801 |
Artificial graphite; colloidal or semi-colloidal graphite; preparations based on graphite or other carbon in the form of pastes, blocks, plates or other semi-manufactures |
6815 10 |
Non-electrical articles of graphite or other carbon, incl. carbon fibres |
6903 10 |
Retorts, crucibles, mufflers, nozzles, plugs, supports, cupels, tubes, pipes, sheaths, rods and other refractory ceramic goods. Other than those of siliceous fossil meals or of similar siliceous earths, containing, by weight, more than 50 % of graphite, or other carbon or of a mixture of these products |
8545 |
Carbon electrodes, carbon brushes, lamp carbons, battery carbons and other articles of graphite or other carbon, with or without metal, of a kind used for electrical purposes |
-
2.Iron and Steel
HS code |
Description |
7201 |
Pig iron and spiegeleisen in pigs, blocks or other primary forms |
7202 |
Ferro-alloys |
7203 |
Ferrous products obtained by direct reduction of iron ore and other spongy ferrous products, in lumps, pellets or similar forms; iron having a minimum purity by weight of 99,94 %, in lumps, pellets or similar forms |
7204 |
Ferrous waste and scrap; remelting scrap ingots of iron or steel |
7205 |
Granules and powders, of pig iron, spiegeleisen, iron or steel |
7206 |
Iron and non-alloy steel in ingots or other primary forms |
7207 |
Semi-finished products of iron or non-alloy steel |
7218 |
Stainless steel in ingots or other primary forms; semi-finished products of stainless steel |
7224 |
Other alloy steel in ingots or other primary forms; semi-finished products of other alloy steel |
-
3.Copper and articles thereof
HS code |
Description |
7401 00 00 |
Copper mattes; cement copper (precipitated copper) |
7402 00 00 |
Unrefined copper; copper anodes for electrolytic refining |
7403 |
Refined copper and copper alloys, unwrought |
7404 00 |
Copper waste and scrap |
7405 00 00 |
Master alloys of copper |
7406 |
Copper powders and flakes |
7407 |
Copper bars, rods and profiles |
7410 |
Copper foil (whether or not printed or backed with paper, paperboard, plastics or similar backing materials) of a thickness (excluding any backing) not exceeding 0,15 mm |
7413 00 00 |
Stranded wire, cables, plaited bands and the like, of copper, not electrically insulated |
-
4.Nickel and articles thereof
HS code |
Description |
7501 |
Nickel mattes, nickel oxide sinters and other intermediate products of nickel metallurgy |
7502 |
Unwrought nickel |
7503 00 |
Nickel waste and scrap |
7504 00 00 |
Nickel powders and flakes |
7505 |
Nickel bars, rods, profiles and wire |
7506 |
Nickel plates, sheets, strip and foil |
7507 |
Nickel tubes, pipes and tube or pipe fittings (for example, couplings, elbows, sleeves) |
-
5.Aluminium
HS code |
Description |
7601 |
Unwrought aluminium |
7602 |
Aluminium waste and scrap |
7603 |
Aluminium powders and flakes |
7605 |
Aluminium wire |
7606 |
Aluminium plates, sheets and strip, of a thickness exceeding 0,2 mm |
7609 00 00 |
Aluminium tube or pipe fittings (for example, couplings, elbows, sleeves) |
7614 |
Stranded wire, cables, plaited bands and the like, of aluminium, not electrically insulated |
-
6.Lead
HS code |
Description |
7801 |
Unwrought lead |
7802 00 00 |
Lead waste and scrap |
7804 |
Lead plates, sheets, strip and foil; lead powders and flakes |
-
7.Zinc
HS code |
Description |
7901 |
Unwrought zinc |
7902 00 00 |
Zinc waste and scrap |
7903 |
Zinc dust, powders and flakes |
7904 00 00 |
Zinc bars, rods, profiles and wire |
7905 00 00 |
Zinc plates, sheets, strip and foil |
-
8.Tin
HS code |
Description |
8001 |
Unwrought tin |
8002 00 00 |
Tin waste and scrap |
8003 00 00 |
Tin bars, rods, profiles and wire |
-
9.Other base metals, cermets, articles thereof
HS code |
Description |
ex ex 8101 |
Tungsten (wolfram) and articles thereof, including waste and scrap, other than anti-cathodes for x-ray tubes |
ex ex 8102 |
Molybdenum and articles thereof, including waste and scrap, other than articles specifically designed for use in dentistry |
ex ex 8103 |
Tantalum and articles thereof, including waste and scrap, other than dental instruments and surgical tools and articles specially designed for orthopaedic and surgical purposes |
8104 |
Magnesium and articles thereof, including waste and scrap |
8105 |
Cobalt mattes and other intermediate products of cobalt metallurgy; cobalt and articles thereof, including waste and scrap |
ex ex 8106 00 |
Bismuth and articles thereof, including waste and scrap, other than that specially prepared for the preparation of chemical compounds for pharmaceutical use |
8107 |
Cadmium and articles thereof, including waste and scrap |
8108 |
Titanium and articles thereof, including waste and scrap |
8109 |
Zirconium and articles thereof, including waste and scrap |
8110 |
Antimony and articles thereof, including waste and scrap |
8111 00 |
Manganese and articles thereof, including waste and scrap |
ex ex 8112 |
Beryllium, chromium, germanium, vanadium, gallium, hafnium, indium, niobium (columbium), rhenium and thallium, and articles of these metals, including waste and scrap, other than windows for X-ray tubes |
8113 00 |
Cermets and articles thereof, including waste and scrap". |
This summary has been adopted from EUR-Lex.