Council Regulation (EC) No 1110/2008 of 10 November 2008 amending Regulation (EC) No 423/2007 concerning restrictive measures against Iran
Council Regulation (EC) No 1110/2008of 10 November 2008amending Regulation (EC) No 423/2007 concerning restrictive measures against IranTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 60 and 301 thereof,Having regard to Common Position 2008/652/CFSP of 7 August 2008 amending Common Position 2007/140/CFSP concerning restrictive measures against IranOJ L 213, 8.8.2008, p. 58.,Having regard to the proposal from the Commission,Whereas:(1)Common Position 2008/652/CFSP provides for additional restrictive measures concerning, inter alia, persons and entities subject to an assets freeze, the withholding of public financial support, including export credits, guarantees and insurance, in order to avoid any financial support that could contribute to proliferation-sensitive nuclear activities or to the development of nuclear weapon delivery systems, and the inspection of cargoes to and from Iran by aircraft and vessels owned or operated by Iran Air Cargo and Islamic Republic of Iran Shipping Line provided there are reasonable grounds to believe that the aircraft or vessel is transporting goods prohibited by that Common Position. Common Position 2008/652/CFSP also provides for a prohibition of the supply, sale or transfer of certain items, materials, equipment, goods and technology that could contribute to proliferation-sensitive nuclear activities or to the development of nuclear weapon delivery systems.(2)Common Position 2008/652/CFSP also calls upon all the Member States to exercise vigilance over the activities of financial institutions within their jurisdiction with banks domiciled in Iran and their branches and subsidiaries abroad, in order to prevent such activities from contributing to proliferation-sensitive nuclear activities or to the development of nuclear weapons delivery systems. To that end, certain provisions of the said Common Position relate to Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financingOJ L 309, 25.11.2005, p. 15..(3)It should be clarified that submitting and forwarding the necessary documents to a bank for the purpose of their final transfer to a person, entity or body that is not listed in order to trigger payments allowed under Article 9 of Regulation (EC) No 423/2007OJ L 103, 20.4.2007, p. 1. does not constitute the making available of funds within the meaning of Article 7(3) of that Regulation.(4)Regulation (EC) No 423/2007 imposed certain restrictive measures against Iran, in line with Common Position 2007/140/CFSP. As a result, economic operators are exposed to the risk of claims and it is therefore necessary to protect such operators permanently against claims in connection with any contract or other transaction the performance of which was affected by reason of the measures imposed by that Regulation.(5)These measures fall within the scope of the Treaty establishing the European Community and, therefore, notably with a view to ensuring their uniform application by economic operators in all Member States, Community legislation is necessary in order to implement them in the Community.(6)The reference to Article 5(1)(c) in Article 12(2) of Regulation (EC) No 423/2007 should be modified in order to take account of the amendment made by Council Regulation (EC) No 618/2007 of 5 June 2007 amending Regulation (EC) No 423/2007 concerning restrictive measures against IranOJ L 143, 6.6.2007, p. 1..(7)Regulation (EC) No 423/2007 should therefore be amended accordingly.(8)In order to ensure that the measures provided for in this Regulation are effective, it should enter into force immediately,HAS ADOPTED THIS REGULATION: