8 Restrictive measures against Iran:
nuclear issues
| Committee's assessment
| Politically important |
| Committee's decision | Cleared from scrutiny
|
| Document details | (a) Council Decision amending Council Decision 2010/413/CFSP concerning restrictive measures against Iran (b) Council Implementing Regulation implementing Regulation (EU) No. 267/2012 concerning restrictive measures against Iran
|
| Legal base | (a) Article 29 TEU; unanimity (b) Article 215 TFEU; QMV
|
| Department
Document numbers
| Foreign and Commonwealth Office
(a) (35964), — (b) (35965), —
|
Summary, background and Committee's conclusions
8.1 As the Committee's previous Reports illustrate
in detail, the EU has been engaged since December 2006 in a "dual
track" strategy — with both engagement and restrictive
measures — regarding Iran's nuclear activities, not simply
implementing in the EU, but also strengthening in that context,
successive UN Security Council Resolutions (UNSCRs). This has
been pursued in the framework of talks between Iran and the P5+1[39]
facilitated by the EU which, last month, were extended for a further
seven months.
8.2 When this matter was last reported the Minister
(Mr David Lidington) was asked to explain what the evidence was
that persuaded him to support delisting of the entity "Safu
Nicu" in Council Decision 2014/222 and Council Implementing
Regulation 397/2014. This entity had previously challenged its
listing in case T -384/11.
8.3 In his letter of 14 May 2014 the Minister indicated
that the Government had undertaken a thorough review of all the
evidence that supported the original listing, and came to the
view that it was insufficient to continue listing on the grounds
that the entity supplied equipment to a nuclear facility (Fordrow)
built without being declared to the International Atomic Energy
Agency.
8.4 The judgment in case T-384/11 was given on 25
November 2014. The Court did indeed annul the listing on the
grounds that the evidence on which the Council had acted was insufficient
to support the listing, and awarded Safu Nicu damages of €50,000.
From this judgment it appears that the only evidence on which
the Council had acted was a listing proposal presented by a Member
State containing only the information reproduced in the statement
of reasons for listing contained in the contested legislation.
8.5 We are grateful for the further information
provided by the Minister and now clear these documents from scrutiny.
Full details of the documents:
(a) Council Decision amending Council Decision 2010/413/CFSP concerning
restrictive measures against Iran: (35964), —; (b) Council
Implementing Regulation implementing Regulation (EU) No. 267/2012
concerning restrictive measures against Iran: (35965), —.
Previous Committee Reports
Forty-seventh Report HC 83-xlii, chapter 11 (30 April
2014); and see (35712), 18163/13: Thirty-first Report (2013-14),
HC 83-xxviii (2013-14), chapter 15 (22 January 2014); also see
(35042), — and (35043), —: Sixth Report HC 83-vi (2013-14),
chapter 19 (19 June 2013); (34093), 12453/12, (34484), 16624/12,
(34606), — (34597), — and (34598), —: Twenty-seventh
Report HC 86-xxvii (2012-13), chapter 11 (16 January 2013); (34361),
—, (34362), — and (34093), 12453/12: Eighteenth Report
HC 86-xviii (2012-13), chapter 14 (31 October 2012); also see
(33818), —: Sixty-third Report HC 428-lvii (2010-12), chapter
13 (18 April 2012); (33643), —, (33644), — and (33633),
—: Fifty-fourth Report HC 428-xlix (2010-12), chapter
19 (1 February 2012); also see (33388), — and (33389), —:
Forty-eighth Report HC 428-xliii (2010-12), chapter 23 (7 December
2011); (31779), —: First Report HC 428-i (2010-11), chapter
61 (8 September 2010); (31905), 13082/10: Second Report HC 428-ii
(2010-11), chapter 24 (15 September 2010); and (31937), —:
Third Report HC 428-iii (2010-11), chapter 15 (13 October 2010).
39 The five permanent members of the UN Security Council
plus Germany and the EU. Back
|
