15 Further amendments to EU restrictive
measures against the Syrian regime
| (34985)
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—
| Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria
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| Legal base | Article 29 TEU; unanimity
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM and Minister's letter of 11 June 2013
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| Previous Committee Report | None; but see (34897) —, (34898) —, and (34899)
—: HC 83-iv (2013-14), chapter 25 (5 June 2013); (34746) —: HC 86-xxxv (2012-13), chapter 4 (13 March 2013) and HC 83-i (2013-14), chapter 2 (8 May 2013); also (34309) — and (34310) — : HC 86-xiii (2012-13), chapter 27 (17 October 2012); and (34101-3) — : HC 86-xi (2012-13), chapter 26 (5 September 2012); (34024) — and (34025) — : HC 86-vi (2012-13), chapter 10 (27 June 2012) and (33974) 10751/12: HC 86-vi (2012-13), chapter 3 (27 June 2012); (33768) — and (33769) — : HC 428-lvi (2010-12), chapter 7 (27 March 2012); (33711) — , (33712) — and (33705) 6604/12: HC 428-lii (2010-12), chapter 20 (29 February 2012); (33635-7) — : HC 428-l (2010-12), chapter 12 (8 February 2012); (33515) — and (33516) — : HC 428-xliv (2010-12), chapter 15 (14 December 2011); (33213) — and (33214) — : HC 428-xxxviii (2010-12), chapter 19 (19 October 2011); (33160) 14410/11 and (33168) — : HC 428-xxxvii (2010-12), chapter 20 (12 October 2011); (33072) 13474/11 and (33073) 13475/11: HC 428-xxxv (2010-12), chapter 16 (7 September 2011); (33101) — , (33102) 13640/11, (33103) 13643/11: HC 428-xxxv (2010-12), chapter 19 (7 September 2011); (32933-36) —: HC 428-xxxi (2010-12), chapter 11 (29 June 2011); and (32747) — and (32748) —: HC 428-xxvi (2010-12), chapter 11 (11 May 2011)
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| Discussion in Council | 31 May 2013
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
15.1 In its 4 June 2013 Fact Sheet, the European Union describes
its response so far to the crisis in Syria. This includes 22 sets
of restrictive measures.[62]
15.2 Scrutiny by the Committee of the previous Council
Decision and Council Regulations, and their background and justification,
are set out in our previous Reports.[63]
Council Decision 2012/739/CFSP
15.3 Council Decision 2011/782/CFSP was due to expire
on 1 December 2012 unless otherwise renewed. The documents that
we considered on 19 December 2012:
— renewed
the existing sanctions regime for another three months and consolidated
into one new Council Decision — Council Decision 2012/739/CFSP
— earlier Council Decisions that had amended Council Decision
2011/782/CFSP;
— amended the asset freezing measures to
allow for the release of assets subject to post-designation judicial
proceedings; and
— amended the identifying information of
three designated individuals made subject to the asset freeze
and travel ban restrictions.
The further Council Decision amending Council
Decision 2012/739/CFSP
15.4 In the Foreign Affairs Council Conclusions of
18 February 2013, paragraphs 6 and 7 stated:
"6. In accordance with the European Council
conclusions of 13-14 December the EU will pursue efforts to reinforce
its support and assistance to the civilian population In this
context it welcomes the establishment by the National Coalition
of an Assistance Coordination Unit and looks forward to enhancing
its coordination with it.
"7. The Council agreed to renew the restrictive
measures against Syria for a further three months, amending them
so as to provide greater non-lethal support and technical assistance
for the protection of civilians. The Council will actively continue
the work underway to assess and review, if necessary, the sanctions
regime against Syria in order to support and help the opposition."[64]
15.5 The further Council Decision, which the Committee
considered on 13 March, extended the EU's regime until 1 June
2013 and amended the restrictive measures in line with the conclusions.
The Minister for Europe (Mr David Lidington) explained that it
would thus allow:
— the
sale, supply, transfer or export of non-lethal military equipment
or equipment which might be used for internal repression for the
protection of civilians or for the Syrian National Coalition for
Opposition and Revolutionary Forces (SNC) intended for the protection
of civilians; and
— the provision of armoured non-combat
vehicles to the SNC intended for the protection of civilians;
and allow provision of technical assistance, brokering services
and other services for the SNC intended for the protection of
civilians.
15.6 In its Report to the House, the Committee asked
the Minister to clarify a number of uncertainties concerning,
inter alia:
— what
equipment — other than armoured non-combat vehicles —
was to be provided; what the prior limitations to the types of
assistance that could be provided to the opposition were and the
amendments needed to effect these; what support was already permissible
under the existing terms of the embargo; what protections were
in place to prevent the diversion of support to extremists in
Syria; and what the best way was to define and refer to the Syrian
National Coalition for Opposition and Revolutionary Forces (all
issues that the Minister had said were at the heart of the protracted
negotiations among Member States, but about which he said nothing
else);
— what the "new types of non-lethal
equipment" were that the Foreign Secretary had subsequently
said would be provided for the protection of civilians, going
beyond anything provided hitherto;
— what protective equipment was to be provided;
and
— how the use of any and all of the equipment
provided was to be monitored, so that it was not misused or did
not fall into the hands of groups for which it was not intended.
15.7 Given the evident level of interest among Members
in the crisis in general and "arming the Syrian opposition"
in particular, the Committee recommended a debate on the Floor
of the House, so that the Government could respond to its questions
and set out its latest thinking, and asked that it take place
as soon as possible.[65]
15.8 The debate finally took place on 21 May 2013.[66]
The Council Decision, Council Implementing Decision
and the Council Implementing Regulation
15.9 The 22 April 2013 Foreign Affairs Council agreed
to the adoption of two further Council Decisions and an accompanying
Implementing Regulation that amend, or implement amendments to,
the regime of restrictive measures on Syria. The details are
in our most recent Report.
15.10 In essence, the provisions in Council Decision
2012/739/CFSP that prohibit:
— the
import, purchase or transfer of crude oil and petroleum products
from Syria, as well as the provision of financing or financial
assistance connected to these activities;
— the supply of key equipment and technology
for key sectors of the Syrian oil and natural gas industry, as
well as the provision of related technical assistance, training,
financing or financial assistance; and
— the granting of loans to Syrian enterprises
engaged in key sectors of the Syrian oil industry, acquisition
of or extension of participation in such enterprises (e.g. through
the purchase of shares), and the creation of joint ventures with
such enterprises;
were amended to permit Member States to authorise
these, provided:
— the
Syrian National Coalition for Opposition and Revolutionary Forces
had been consulted in advance by the relevant Member State;
— the activities would not directly or
indirectly benefit individuals designated for an asset freeze
under Syria sanctions; and
— the activities would not contravene any
other EU Syria restrictive measures.
15.11 Member States are also required to inform other
EU Member States of any authorisation granted under this exemption.
15.12 The Minister said that these derogations were
complementary to the "proportionate derogations" with
respect to the arms embargo on Syria, in order to allow Member
States greater flexibility when seeking to support the protection
of civilian life; they would support the civilian population,
in particular in meeting humanitarian concerns, restoring normal
life, upholding basic services, reconstruction, and restoring
normal economic activity or other civilian purposes; and complement
the strong political message sent by amendments to the arms embargo
in March.
Our assessment
15.13 Our understanding was that the thinking behind
these derogations was also that enabling the EU to support the
oil trade in areas free from regime control would help to strengthen
the hand of the National Coalition, and thus head off any reliance
by the moderate Syrian opposition on Islamist-backed armed groups
to fight a well-armed Syrian regime, and thereby boost the appeal
and effectiveness of moderate groups over these extremists. We
also understood that the National Coalition had to be consulted
on each activity, and that private companies would not be able
to trade oil in Syria until appropriate safeguards were in place.
15.14 The debate on the previous change to the Syria
sanctions regime testified to both the degree of interest in the
House in the Syria crisis and to its complexity. However, we
considered it appropriate to leave it to interested Members to
pursue any questions that arose from these further derogations
through the other means at their disposal.[67]
Council Decision 2013/255/CFSP
15.15 In his Explanatory Memorandum of 11 June 2013,
the Minister says that on 27 May 2013, the EU Foreign Affairs
Council issued a Declaration on Syria which established a political
commitment among Member States that, upon expiry of restrictive
measures against Syria on 31 May, the majority of restrictive
measures should be renewed for a further 12 months. This, he
says, was with the exception of provisions restricting the export
of arms and related materiel and of equipment which might be used
for internal repression to Syria. [68]
15.16 The Minister says that the Declaration took
note of Member States' commitment that in their national policies
any sale, supply, transfer or export of such goods to Syria should
be for the Syrian National Coalition for Opposition and Revolutionary
Forces (SNC) and intended for the protection of civilians; that
adequate safeguards against misuse of such authorisations should
be required; and that export license applications for such goods
should be reviewed by Member States on a case-by-case basis, taking
full account of common EU rules governing control of exports of
military technology and equipment set out in Council Common Position
2008/944/CFSP. He also recalls that Member States agreed not
to proceed at that stage with delivery of equipment mentioned
above; and to review its position before 1 August 2013, following
a report from the High Representative.
15.17 The Minister then says that, subsequent to
this Declaration, the RELEX working group began drafting a Council
Decision, to give effect to this high-level political commitment:
"The draft Decision was prepared very quickly,
and was subject to intense negotiation at working group level
over the course of one day (29 May). An amended draft was then
placed under written procedure for adoption midday on 31 May.
The Decision was then published in the Official Journal and therefore
entered into effect on the afternoon of 31 May, thus averting
the collapse of the entire Syria sanctions regime which would
otherwise have fallen away on 1 June."
"Specifically, this Council Decision contains
the following changes to the arms embargo provisions of the Syria
restrictive measures:
- "removes prohibitions
on the sale, supply, transfer or export of arms and related materiel,
and on the provision of technical assistance, financing or financial
assistance related to these items;
- "removes prohibitions on the sale,
supply, transfer or export of items which might be used for internal
repression, and on the provision of technical assistance, financing
or financial assistance related to these items; and
- "retains controls on certain chemical
weapons precursors and related equipment (which is also referred
to as 'equipment which might be used for internal repression'
in the text of this Decision, and which will be specified further
as equipment related to chemical weapons in the upcoming Regulation
implementing amendments to this regime) unless a Member State
has determined that they are intended for food, agricultural,
medical or other humanitarian purposes, or for the benefit of
UN, EU or member states' personnel.
"During the course of these negotiations,
Member States also agreed additional derogations to certain restrictive
measures relating to banking, in order to enable EU financial
institutions to open representative offices, subsidiaries or banking
accounts in Syria, provided a number of conditions are met: i)
that the Syrian National Coalition has been consulted; ii) that
the activities concerned do not directly or indirectly benefit
designated persons or entities; and iii) that the activities concerned
do not breach other sanctions provisions.
"These changes to the banking provisions
are designed to benefit the moderate Syrian opposition, to lay
the ground for restoration of normal life and economic activity
in areas of Syria free from regime control, and more specifically
to allow the operation of a reconstruction and non-humanitarian
assistance trust fund spearheaded by Germany and the United Arab
Emirates."
The Government's view
15.18 The Minister comments as follows:
"The situation in Syria continues to deteriorate
sharply. The humanitarian crisis is appalling. With the likely
regime use of chemical weapons and the growth of extremism, the
conflict has entered an even more dangerous phase. The United
Kingdom believes a political solution is the only way to end the
conflict in Syria. The longer the violence continues, the greater
the threat to Syrians, the region and indeed the UK from radicalisation
and regional escalation. But in order to maximise the prospects
for a successful political solution, it is vital that we continue
to strengthen the opposition and increase the pressure on the
regime in order to bring both sides to the table. Lifting the
EU arms embargo is therefore an essential enabler for a political
solution: it helps put pressure on the regime to negotiate by
sending a clear signal that no options are off the table.
"The decision to lift the arms embargo will
also allow EU states the flexibility to offer support that strengthens
the moderate opposition relative to extremists by reducing reliance
by the moderate Syrian opposition on Islamist-backed armed groups
to fight a well-armed regime. Crucially, it will ensure we could
respond flexibly should the conflict see a major escalation, such
as chemical weapons attacks. For these reasons, and after long
negotiations on 27 May, EU ministers issued a political Declaration
of their intention to end the EU arms embargo on Syria and to
return to Member States decisions on arms and related materiel
and internal repression items. They agreed that other elements
of EU sanctions on the Assad regime should be retained.
"The Declaration (which is attached to this
EM for information), and the subsequent 31 May Council Decision,
took note of Member States' commitment with regard to the possible
export of arms to Syria to proceeding in their national policies
in line with a framework for the supply of military equipment
to the National Coalition, intended for the protection of civilians,
subject to safeguards against misuse of authorisations and subject
to existing obligations under the EU Common Position for arms
exports (CP944).
"The UK has made no decision to send arms
to the National Coalition, or anyone in Syria. UK assistance
to the moderate opposition remains as the Foreign Secretary set
out to the House of Commons on 20 May: non-lethal assistance such
as body armour, protected vehicles and satellite phones, human
rights training to members of Syrian civil society, and £171.1
million in humanitarian assistance to support people in opposition-held
and contested areas in Syria and to help refuges in the region."
The Minister's letter of 11 June 2013
15.19 The Minister explains that, owing to the very
brief window between the ministerial-level agreement at the 27
May Foreign Affairs Council to these further amendments and the
expiry of the existing package of measures, a draft Council Decision
renewing and amending the measures in line with the Council Declaration
of 27 May was swiftly drafted for working group level negotiation
on 29 May, and adopted by written procedure on 31 May. Given
the compressed negotiating timescale and the vital importance
of adopting a Decision before the measures fell away entirely,
the Minister says that the need for the override of scrutiny on
this occasion was regrettably unavoidable.
Conclusion
15.20 Even though they have been debated in the
House in other contexts, we are nonetheless drawing these changes
to the attention of the House because of their continuing political
significance. Though in other circumstances a further debate
might be appropriate, the situation is, if anything, even more
uncertain and fast-moving than it was at the time of our most
recent Report. We therefore continue to regard it as preferable
to leave it to interested Members to pursue these matters through
the other means at their disposal.
15.21 We now clear the Council Decision, and do
not object to the Minister having over-ridden scrutiny on this
occasion and in these circumstances.
Annex: Council declaration on
Syria of 27 May 2013~
"The Council agreed the following elements on
the renewal of the restrictive measures against Syria:
"1) At the expiry of the current sanctions regime,
the Council will adopt for a period of 12 months restrictive measures
in the following fields, as specified in Council Decision 2012/739/CFSP:
— "Export
and import restrictions with the exception of arms and related
material and equipment which might be used for internal repression;
— "Restrictions on financing of certain
enterprises;
— "Restrictions on infrastructure
projects;
— "Restrictions of financial support
for trade;
— "Financial sector;
— "Transport sector;
— "Restrictions on admission;
— "Freezing of funds and economic
resources.
"2) With regard to the possible export of arms
to Syria, the Council took note of the commitment by Member States
to proceed in their national policies as follows:
— "the
sale, supply, transfer or export of military equipment or of equipment
which might be used for internal repression will be for the Syrian
National Coalition for Opposition and Revolutionary Forces and
intended for the protection of civilians;
— "Member States shall require adequate
safeguards against misuse of authorisations granted, in particular
relevant information concerning the end-user and final destination
of the delivery;
— "Member States shall assess the
export licence applications on a case-by-case basis, taking full
account of the criteria set out in Council Common Position 2008/944/CFSP
of 8 December 2008 defining common rules governing control of
exports of military technology and equipment.
— "Member States will not proceed
at this stage with the delivery of the equipment mentioned above.
"The Council will review its position before
1 August 2013 on the basis of a report by the High Representative,
after having consulted the UN Secretary General, on the developments
related to the US-Russia initiative and on the engagement of the
Syrian parties."
62 Council Factsheet www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/foraff/128379.pdf. Back
63
See headnote. Back
64
See www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/foraff/135529.pdf
for the full Council Conclusions. Back
65
See headnote: see (34746) -: HC 86-xxxv (2012-13), chapter 4
(13 March 2013). Back
66
For the record of the debate, see HC Debs, 21 May 2013,
cols. 1175-1199. It is also available at http://www.publications.parliament.uk/pa/cm201314/cmhansrd/cm130521/debtext/130521-0004.htm#13052186000002. Back
67
See headnote: (34897) -, (34898) -, and (34899) -: HC 83-iv (2013-14),
chapter 25 (5 June 2013). Back
68
The Council Decision is reproduced at the Annex to this chapter
of our Report, and is available at http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/EN/foraff/137315.pdf. Back
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