Documents considered by the Committee on 21 July 2015 - European Scrutiny Contents


56 Restrictive measures against Syria

Committee's assessment Legally and politically important
Committee's decision(a)-(d) Cleared
Document details(a) Council Implementing Decision 2015/383 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria

(b) Council Implementing Regulation 2015/375 implementing Regulation (EU) No. 36/2012 concerning restrictive measures in view of the situation in Syria

(c) Council Decision amending Decision 2013/255/CFSP concerning restrictive measures against Syria

(d) Council Implementing Regulation implementing Regulation 36/2012 concerning restrictive measures in view of the situation in Syria

Legal base(a) Article 30(1) TEU; QMV

(b) Article 32(1) of Regulation 36/2012; QMV

(c) Article 29 TEU; unanimity

(d) Article 32(1) of Regulation 36/2012; QMV

Department

Document numbers

Foreign and Commonwealth Office

(a) (36716),— ; (b) (36717),— ; (c) (36879), —;

(d) (36880),—

Summary and Committee's conclusions

56.1 Measures (a) and (b) impose, for the first time, restrictive measures on seven individuals and six entities. When our predecessor Committee first considered them at its meeting of 18 March it asked for clarification as to when these individuals and entities had been given notice of the reasons for their listing in order to assess the justification for the override of scrutiny. In his letter of 27 March 2015 the then (and current) Minister for Europe (Mr David Lidington) confirms that as new listings the notice was not given until after the adoption of the measure.

56.2 Measures (c) and (d) renew the Syrian sanctions regime until 1 June 2016, extend it to trade in cultural property illegally removed from Syria, add one new listing[ 411], remove three listing (one person who has died[ 412] and two who successfully challenged their original listing) and update the statement of reasons from ten other listings.[ 413] Those who have successfully challenged their listing before the General Court are Mazen Al-Tabbaa[ 414] and Bassam Sabbagh.[ 415]

56.3 We are grateful to the Minister for his letter.

56.4 We welcome the fact that the Council regularly reviews targeted sanctions and continue to urge the Government to ensure that they are legally robust, given the high number of successful sanctions challenges.

56.5 We clear all these documents and raise no objection to the overrides in relation to all these documents.

Full details of the documents: (a) Council Implementing Decision (CFSP) 2015/383 of 6 March 2015 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria: (36716), —; (b) Council Implementing Regulation (EU) 2015/375 of 6 March 2015 implementing Regulation (EU) No. 36/2012 concerning restrictive measures in view of the situation in Syria: (36717),—; (c) Council Decision amending Decision 2013/255/CFSP concerning restrictive measures against Syria: (36879),—; (d) Council Implementing Regulation implementing Regulation 36/2012 concerning restrictive measures in view of the situation in Syria: (36880), —.

The Explanatory Memorandum and letter of 20 May 2015

56.6 The Explanatory Memorandum[ 416] provided for documents (c) and (d) sets out some evidence that the Syrian sanctions regime is "successfully targeting the Assad regime, thereby limiting its ability to perpetuate the conflict" and indicates that "The continuation of targeted sanctions will put pressure on the regime to negotiate a peace settlement". It also provides details as to why the measures respect fundamental rights.

56.7 The Minister's letter[ 417] of 20 May 2015 explains the reasons for the override.

Previous Committee Reports

(36716), — and (36717),—: Thirty-seventh Report HC 219-xxxvi (2014-15), chapter 15, (18 March 2015).


411   General Muhamad Maalla, Head of the Syrian Military Intelligence Branch 293 since April 2015. Back

412   Ghazali Rustum. Back

413   Ali Mamluk, Muhammad Zaytun, Faruq Al Shar, Brigadier-General Rafiq Shahadah, Brigadier-General Nawful Al-Husayn, Brigadier-General Muhammed Zamrini, Adib Mayaleh, Colonel Lu'ai al Ali, Brigadier Nazih Hassun, Brigadier General Ibrahim Ma'ala. Back

414   Joined cases T-329/12 and 74/13. Back

415   Case T-652/11. Back

416   Explanatory Memorandum. Back

417   Minister's letter. Back


 
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