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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