THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215(2) thereof,
Having regard to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran(1), and in particular Article 1 thereof,
Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,
Whereas:
(1) Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran(2) prohibits the sale, supply, transfer or export from the Union to Iran of equipment which may be used for internal repression.
(2) The measures adopted in Regulation (EU) No 961/2010 reflect the Council's concerns over the nature of Iran's nuclear programme, whereas the measures adopted in Regulation (EU) No 359/2011(3) reflect its concerns about the deterioration of the human rights situation in Iran.
(3) The prohibition on the sale, supply, transfer or export of equipment which may be used for internal repression is a measure taken primarily in view of the Council's concerns regarding the deterioration of the human rights situation in Iran, and as such, it should be included in Regulation (EU) No 359/2011. Regulation (EU) No 359/2011 should therefore be amended accordingly.
(4) At the same time, Regulation (EU) No 961/2010 will be replaced by a new, consolidated Regulation which does not include the said measure to prevent internal repression.
(5) In view of the gravity of the human rights situation in Iran, Decision 2012/168/CFSP of 23 March 2012 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran(4) provides for an additional measure, namely a prohibition on the export of telecommunications monitoring equipment for use by the Iranian regime.
(6) This measure falls within the scope of the Treaty and, therefore, notably with a view to ensuring its uniform application by economic operators in all Member States, regulatory action at the level of the Union is necessary in order to implement it.
(7) In view of the gravity of the human rights situation in Iran and in accordance with Decision 2011/235/CFSP, additional persons should be included in the list of natural and legal persons, entities and bodies subject to restrictive measures set out in Annex I to Regulation (EU) No 359/2011.
(8) Annex II to Regulation (EC) No 359/2011, listing the competent authorities to which specific functions relating to the implementation of that Regulation are attributed, should also be updated on the basis of the information most recently provided by Member States regarding the identification of competent authorities.
(9) In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force on the day of publication,
HAS ADOPTED THIS REGULATION:
See page 85 of this Official Journal.