1 Further amendments
to EU restrictive measures against the Syrian regime
| (35122)
10759/13
JOIN(13) 21
| Council Regulation amending Regulation (EU) No. 36/2012 concerning restrictive measures in view of the situation in Syria
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| Legal base | Article 215 TFEU; QMV
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM and Minister's letter of 4 July 2013
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| Previous Committee Report | None; but see (34985) —: HC 83-vi (2013-14), chapter 15 (19 June 2013); (34746); also 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); (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 | To be determined
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| Committee's assessment | Politically important
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| Committee's decision | Not cleared; further information requested
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Background
1.1 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.[1]
1.2 Scrutiny by the Committee of previous Council
Decisions and Council Regulations, and their background and justification,
are set out in our previous Reports.
1.3 This includes in particular Council Decision
2012/739/CFSP and Council Decision 2013/186/CFSP.[2]
1.4 In essence, in February 2013, EU Ministers agreed
to amend the arms embargo on Syria (as embodied in Council Decision
2012/739/CFSP), in order to allow Member States greater flexibility
when seeking to support the protection of civilian life by the
Syrian National Coalition. In line with the consensus achieved
at the 18 February Foreign Affairs Council — that proportionate
derogations to the arms embargo should be introduced with respect
to the Syrian National Coalition where such support is in line
with the protection of civilians — Ministers then agreed
at the 22 April FAC to adopt complementary derogations to the
prohibitions on trade with oil and natural gas enterprises (introduced
through Decision 2013/186/CFSP). The effect of these derogations
was to relax restrictions that might constrain the Syrian opposition's
capacity to 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.
Council Decision 2013/255/CFSP
1.5 We considered this further Council Decision —
which was adopted on 1 June, and superseded Council Decision 2012/739/CFSP
— at our meeting on 16 June. In his Explanatory Memorandum
of 11 June 2013, the Minister for Europe (Mr David Lidington)
said 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 said, 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.[3]
1.6 The Minister said 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 recalled that Member States agreed not
to proceed at that stage with delivery of equipment mentioned
above; and to review the position before 1 August 2013, following
a report from the High Representative.
1.7 The Minister then said 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."
1.8 The Minister commented essentially as in his
subsequent Explanatory Memorandum of 4 July (see below).
Our assessment
1.9 Even though the changes to the arms embargo
had already been debated in the House, we considered whether a
further debate might be appropriate: but concluded that, with
the situation being, if anything, even more uncertain and fast-moving,
it would be preferable to leave it to interested Members to continue
to pursue these matters through the other means at their disposal.
1.10 We cleared the Council Decision, and did not
object to the Minister having over-ridden scrutiny on this occasion
and in these circumstances.
The draft Council Regulation
1.11 In his Explanatory Memorandum of 4 July 2013,
the Minister for Europe explains that Regulation (EU) No. 36/2012
— the Regulation that implements many aspects of the Syria
sanctions at an EU level — therefore requires further amendment
in order to bring these changes into effect.
1.12 The Minister says:
"the proposed amending Regulation that is the
subject of this EM is required not only to implement the new exemptions
relating to Syrian oil and gas industries agreed in April. It
is also required to implement the lifting of the embargo on the
supply of internal repression equipment, as well as on technical
and financial assistance relating to arms and related materiel
and internal repression equipment, and the introduction of derogations
for restrictions on banking, agreed in May.
"These amendments and their policy implications
have been presented to Parliament in the Explanatory Memoranda
on the respective Decisions to which they relate (namely Council
Decision 2013/186/CFSP and 2013/255/CFSP).[4]
This Regulation is required to fully implement those amendments
in EU law. The general proposal of this Regulation is supported
by the UK as necessary for the full and uniform implementation
of changes to the EU Syria sanctions package.
"Therefore, the focus of EU negotiations with
respect to this Regulation is not whether these changes should
be implemented, but what is the best way of implementing them
in order to translate the policy intentions of the amendments
to the Council Decision into binding EU legislation. This text
is still in negotiation. The document deposited for scrutiny is
the Commission's initial draft proposal. This draft was produced
prior to comment or input from EU member states, and therefore
it does not reflect the position of the UK or any other Member
State as to the best way to implement recent changes to the Syria
sanctions regime. Negotiations continue in Brussels."
The Government's view
1.13 The Minister's comments are essentially the
same as in his Explanatory Memorandum of 11 June, but are nonetheless
repeated below in order to complete the picture:
"Since April, the situation in Syria has continued
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 Member 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 Syria should be retained.
"The Declaration and the subsequent 31 May Council
Decision, took note of Member States' political 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 in relation
to export control licences 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 humanitarian
assistance to support people in opposition-held and contested
areas in Syria and to help refuges in the region.
"The May 31 Council Decision also introduced
an exemption to the ban on opening a bank account, branch or subsidiary
in Syria, provided that the proposed activities are intended to
assist Syrian civilians, and that the opposition coalition has
been consulted in advance. 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."
Conclusion
1.14
We considered recommending this Council Regulation for debate
on the Floor of the House. However, we are aware that there is
to be a debate on Thursday 11 July, on a backbench motion, in
time allocated by the Backbench Business Committee, with text
of the motion as follows:
"That this House believes no lethal support
should be provided to anti-government forces in Syria without
the explicit prior consent of Parliament."
1.15 Then, on 16 July, the Foreign Secretary
is to give evidence on Syria to the Foreign Affairs Committee.
1.16 There will thus be early opportunities for
Members of the House to question the Government about the policy
that this Council Regulation is designed to implement.
1.17 Moreover, the Council Regulation is, as the
Minister says, still under discussion. He says that "a final
draft is tentatively scheduled for adoption within the next fortnight"
(i.e., before 18 July). That being so, we shall retain it under
scrutiny, pending further information from him on the outcome
of these discussions.
1.18 At that time, we ask that — with the
summer recess imminent — he provides a comprehensive update
on the "political arm" of the EU's approach: i.e., a
report on what is happening within the Geneva II process and within
the Syrian National Coalition, his assessment of what the HR is
likely to report to the Council at the end of this month, and
his views on the likely outcome of further Council discussion.
1.19 We are expediting the publication of this
Report so that it is available in time for the debate on 11 July.
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."
1 Council Factsheet www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/foraff/128379.pdf. Back
2
See: in particular (34985) -: HC 83-vii (2013-14), chapter 15
(19 June 2013). Back
3
The Council declaration 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
4
As detailed in our earlier Reports under reference. Back
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