## Policy Analysis Report: Council Regulation (EU) 2025/1098 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
**1. Executive Summary:**
This report analyzes Council Regulation (EU) 2025/1098, an amendment to Council Regulation (EU) No 36/2012, which concerns restrictive measures in view of the situation in Syria. The amendment aims to refine the existing sanctions regime following the fall of the al-Assad regime, easing some restrictions while maintaining those based on security grounds. Key changes include modifications to the freezing of funds and economic resources, updating Annex II (the list of sanctioned individuals and entities), and introducing derogations for reconstruction and humanitarian purposes. This report details these changes, their rationale, affected parties, and potential impacts.
**2. Introduction:**
The purpose of this report is to provide a comprehensive analysis of Council Regulation (EU) 2025/1098 based on the provided policy text. This analysis focuses on understanding the specific changes introduced by the amendment to the original Regulation (EU) No 36/2012.
**3. Policy Overview:**
* This report concerns an **Amendment** to an existing policy.
* **Original Policy:** Council Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria.
* **Core Objective(s):**
* To adjust restrictive measures in response to the evolving situation in Syria, specifically following the fall of the al-Assad regime.
* To facilitate engagement with the country, its people, and businesses in specific areas (energy, transport, reconstruction) while maintaining restrictions related to security concerns, the chemical weapons sector, and the illicit drug trade.
* To support the Syrian people in reuniting and rebuilding a new, inclusive, pluralistic and peaceful Syria free from harmful foreign interference.
**4. Background and Rationale:**
The amendment is driven by the changing political landscape in Syria, particularly the fall of the al-Assad regime. This necessitated a review and adjustment of the existing sanctions regime. The rationale behind the amendment is to ease certain restrictions to promote reconstruction and engagement, while maintaining sanctions against individuals and entities posing a security risk, involved in the chemical weapons sector, or connected to the illicit drug trade. This seems designed to fix an issue within the original policy by allowing for more nuanced and targeted restrictions and engagement.
**5. Key Provisions / Changes:**
The amendment introduces several key changes to Regulation (EU) No 36/2012:
* **Article 14 (Freezing of Funds):** The article is replaced, retaining the freezing of assets belonging to those listed in Annex II and prohibiting the provision of funds to these individuals/entities, including circumvention of these measures.
* **Article 15 (Annex II - List of Sanctioned Individuals/Entities):** This is replaced and defines Annex II as consisting of individuals and entities responsible for violent repression, those who benefited or supported the al-Assad regime, and those associated with them as defined in Decision 2011/782/CFSP and 2013/255/CFSP. The list now includes specific categories (leading businesspersons, members of the al-Assad or Makhlouf families, Syrian Government Ministers, members of the armed and security forces, regime-affiliated militias, and members of entities operating in the chemical weapons sector). Critically, individuals and entities in these categories should not be listed if there is sufficient information that they are no longer associated with the al-Assad regime or pose a risk of circumvention. This adds nuance to the listing criteria.
* **Article 15a (Derogation for Reconstruction):** This *new* article introduces a derogation from Article 14, allowing Member States' competent authorities to authorize the release of frozen funds to entities listed as Number 42 and Number 43 in Annex II. This derogation is conditional on the funds being necessary for cooperation between those entities and a Member States governmental entity or body in the areas of reconstruction, capacity-building, counterterrorism, and migration. A fast-track approval mechanism is included. This introduces flexibility for specific reconstruction-related activities.
* **Article 16 (Basic Needs):** Point a. is replaced to clarify what constitute basic needs.
* **Article 16 (OPCW Payments):** Point i. is replaced to reflect payments by Syrian State-owned entities to the OPCW for activities related to chemical weapons.
* **Article 18 (Arbitral Decision):** The article is amended to reflect arbitral decision as well as judicial or administrative decisions in the Union.
* **Article 20 (Pre-existing contracts):** Allows member states authorities to authorize release of funds where payments are due under a contract before the designation date, provided the payment is not directly or indirectly received by a designated person.
* **Article 20a (Education):** The article is replaced to address the provision of financial support to Syrian nationals pursuing an education, professional training or engaged in academic research in the Union, provided that competent authority of the relevant Member State has determined that the payment will not directly or indirectly be received by a person or entity listed in Annex II.
* **Article 21c (Payments):** Article amended to ensure that the payment will not directly or indirectly be received by any person or entity listed in Annex II and provided that the transfer is not otherwise prohibited by this Regulation.
* **Article 27a (Circumvention):** Updates the articles that it is prohibited to circumvent.
* **Article 32 (Listing):** The list in Annex II shall be reviewed at regular intervals and at least every 12 months.
* **Deletion of Articles and Annexes:** Several articles (1a, 6, 6a, 6b, 7, 7a, 8, 9, 9a, 10, 11, 11a, 11b, 12, 13, 13a, 21, 21a, 21b, 23, 24, 25, 25a, 26 and 26a) and annexes (IV, Va, Vb, VI, VII, VIII, X and XI) are deleted.
**6. Target Audience and Stakeholders:**
* **Directly Affected:** Natural and legal persons, entities, and bodies listed in Annex II (sanctioned parties). Member States' competent authorities responsible for implementing the sanctions. Syrian nationals pursuing education/research in the EU. Syrian State-owned entities making payments to the OPCW.
* **Indirectly Affected:** Businesses and individuals engaged in trade, investment, or financial transactions with Syria. Entities involved in reconstruction efforts in Syria, specifically those potentially partnering with the entities listed as Number 42 and Number 43 in Annex II. The OPCW.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:** Member States' competent authorities (as listed in Annex III) are responsible for authorizing derogations and ensuring compliance. The Council of the European Union is responsible for maintaining and updating Annex II.
* **Timelines/Procedures:** Annex II is to be reviewed at least every 12 months. Article 15a establishes a de facto approval timeline for reconstruction-related derogations of five working days, absent a negative decision or request for further information. Authorizations granted under Article 15a must be reported to other Member States and the Commission within four weeks.
* **Specifically related to the amendments:** The amendments concerning Annex II require a review and potential update of the list, which will require inter-agency cooperation. The new derogation for reconstruction-related activities (Article 15a) creates a new workload for Member States' competent authorities, as they need to assess applications for fund releases.
**8. Expected Outcomes / Impact of Changes:**
The intended outcome *of these specific changes* introduced by the amendment text is to:
* **Facilitate reconstruction efforts:** By allowing for targeted release of frozen funds for specific reconstruction projects, the amendment aims to support the rebuilding of Syria.
* **Provide a more nuanced sanctions regime:** Through clearer criteria for listing and de-listing entities in Annex II, the amendment seeks to target sanctions more effectively, focusing on those still associated with the al-Assad regime or posing a security risk.
* **Provide educational opportunities:** The amended articles aims to provide educational opportunities to Syrian nationals.
* **Maintain security:** Restricting certain financial and other resources
**9. Conclusion:**
Council Regulation (EU) 2025/1098 represents a significant update to the EU's sanctions regime against Syria. By easing certain restrictions while maintaining a focus on security and accountability, the amendment aims to foster reconstruction and engagement with Syria, while preventing the flow of resources to designated individuals and entities. The changes concerning Annex II, the reconstruction derogation, and the streamlined approval process are particularly noteworthy and will require careful implementation by Member States' competent authorities. These amendments are critical for the EU's ongoing policy towards Syria and for ensuring that the sanctions regime remains effective and targeted.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Official Journal of the European Union: The official gazette of the European Union, in which legal acts are published.
COUNCIL REGULATION EU 2025/1098: Council Regulation of the European Union with the number 2025/1098.
27 May 2025: Date of adoption of the Council Regulation EU 2025/1098 and Council Decision CFSP 2025/1096.
Regulation EU No 36/2012: Council Regulation concerning restrictive measures in view of the situation in Syria.
Syria: A country in the Middle East. The regulation concerns restrictive measures in view of the situation in Syria.
THE COUNCIL OF THE EUROPEAN UNION: The council of the European Union.
Treaty on the Functioning of the European Union: The Treaty on the Functioning of the European Union.
Article 215: Article 215 of the Treaty on the Functioning of the European Union, providing legal basis for the regulation.
Council Decision CFSP 2025/1096: Council Decision concerning restrictive measures in view of the situation in Syria.
Decision 2013/255/CFSP: Council Decision concerning restrictive measures in view of the situation in Syria.
High Representative of the Union for Foreign Affairs and Security Policy: The High Representative of the Union for Foreign Affairs and Security Policy.
European Commission: The executive branch of the European Union.
18 January 2012: Date when the Council adopted Regulation EU No 36/2012.
31 May 2013: Date when the Council adopted Decision 2013/255/CFSP.
Council: Refers to the Council of the European Union.
27 May 2024: Date when the Council adopted Decision CFSP 2024/1510.
Decision CFSP 2024/1510: Council Decision extending the restrictive measures set out in Decision 2013/255/CFSP.
1 June 2025: Date until which the restrictive measures set out in Decision 2013/255/CFSP were extended by Decision CFSP 2024/1510.
al-Assad regime: The ruling regime in Syria.
24 February 2025: Date when the Council eased a number of Union restrictive measures in view of the situation in Syria.
20 May 2025: Date when the Council announced its political decision to lift its economic sanctions on Syria.
1 June 2026: Date until which some restrictive measures set out in Decision 2013/255/CFSP were extended by Decision CFSP 2025/1096.
Annex II: Annex II to Regulation EU No 36/2012, which lists persons, entities and bodies subject to restrictive measures.
Annex I: Annex I to Decision 2013/255/CFSP.
Member States: The member states of the European Union.
Article 14: Article of Regulation EU No 36/2012 concerning the freezing of funds and economic resources of listed entities.
Annex III: Annex to Regulation EU No 36/2012 listing websites of competent authorities of Member States.
Number 42: Entity listed as Number 42 in Annex II.
Number 43: Entity listed as Number 43 in Annex II.
Commission: Refers to the European Commission.
OPCW: Organisation for the Prohibition of Chemical Weapons.
Syrian Arab Republic: Syria's official name.
OPCW Special Trust Fund: A trust fund for activities related to the complete destruction of Syrian chemical weapons outside the territory of the Syrian Arab Republic.
A. SZAPKA: The President of the Council at the time of the regulation's adoption.
Article 19(1) of Decision 2011/782/CFSP: Article within Decision 2011/782/CFSP related to identifying persons or entities responsible for violent repression against the civilian population in Syria.
Decision 2011/782/CFSP: Council Decision concerning restrictive measures against Syria.
Article 28(2) of Council Decision 2013/255/CFSP: Article within Council Decision 2013/255/CFSP outlining categories for listing individuals and entities, including leading businesspersons and members of the al-Assad or Makhlouf families.
Makhlouf families: Families linked to the former al-Assad regime.
Syrian Government Ministers: Syrian Government Ministers in power between May 2011 and December 2024.
Syrian Armed Forces: Syrian Armed Forces of the rank of colonel and the equivalent or higher in post between May 2011 and December 2024.
Syrian security and intelligence services: Syrian security and intelligence services in post between May 2011 and December 2024.
al-Assad regime-affiliated militias: al-Assad regime-affiliated militias.
Official Journal EN
of the European Union L series
2025/1098 28.5.2025
COUNCIL REGULATION (EU) 2025/1098
of 27 May 2025
amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in
Syria
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,
Having regard to Council Decision (CFSP) 2025/1096 of 27 May 2025 amending Decision 2013/255/CFSP concerning
restrictive measures in view of the situation in Syria(1),
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) On 18 January 2012, the Council adopted Regulation (EU) No 36/2012(2)concerning restrictive measures in view
of the situation in Syria and, on 31 May 2013, the Council adopted Decision 2013/255/CFSP(3) following the
adoption of Council conclusions in which the Council condemned the violence and widespread and systematic gross
violations of human rights in Syria.
(2) On 27 May 2024, the Council adopted Decision (CFSP) 2024/1510(4), extending the restrictive measures set out in
Decision 2013/255/CFSP until 1 June 2025.
(3) Following the fall of al-Assad’s regime in Syria, on 24 February 2025, the Council eased a number of Union
restrictive measures in view of the situation in Syria in order to facilitate engagement with the country, its people
and businesses in the areas of energy, transport and reconstruction, as well as to facilitate the associated financial and
banking transactions. On the same date, the Council issued a declaration stating that listings related to the al-Assad
regime, the chemical weapons sector and illicit drug trade should be maintained.
(4) On 20 May 2025, the Council announced its political decision to lift its economic sanctions on Syria, to support the
Syrian people in reuniting and rebuilding a new, inclusive, pluralistic and peaceful Syria free from harmful foreign
interference.
(5) On this basis, the Council considers that all sectoral restrictive measures should be lifted, with the exception of those
based on security grounds.
(6) On the basis of a review of Decision 2013/255/CFSP and determinations made in that context, on 27 May 2025 the
Council adopted Decision (CFSP) 2025/1096, extending some of the restrictive measures set out in
Decision 2013/255/CFSP until 1 June 2026.
(7) The power to establish and amend the list in Annex II to Regulation (EU) No 36/2012 should be exercised by the
Council in order to ensure consistency with the process for establishing, amending and reviewing Annex I to
Decision 2013/255/CFSP.
(8) These measures fall within the scope of the Treaty on the Functioning of the European Union and therefore, in
particular with a view to ensuring their uniform application in all Member States, regulatory action at the level of the
Union is necessary.
(9) Regulation (EU) No 36/2012 should therefore be amended accordingly,
(1) OJ L, 2025/1096, 28.5.2025, ELI: http://data.europa.eu/eli/dec/2025/1096/oj.
(2) Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and
repealing Regulation (EU) No 442/2011 (OJ L 16, 19.1.2012, p. 1, ELI: http://data.europa.eu/eli/reg/2012/36/oj).
(3) Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures in view of the situation in Syria (OJ L 147,
1.6.2013, p. 14, ELI: http://data.europa.eu/eli/dec/2013/255/oj).
(4) Council Decision (CFSP) 2024/1510 of 27 May 2024 amending Decision 2013/255/CFSP concerning restrictive measures in view of
the situation in Syria (OJ L, 2024/1510, 28.5.2024, ELI: http://data.europa.eu/eli/dec/2024/1510/oj).
ELI: http://data.europa.eu/eli/reg/2025/1098/oj 1/4EN
OJ L, 28.5.2025
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 36/2012 is amended as follows:
(1) Article 14 is replaced by the following:
‘Article 14
1. All funds and economic resources belonging to, owned, held or controlled by the natural or legal persons,
entities and bodies listed in Annex II shall be frozen.
2. No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of the natural
or legal persons, entities or bodies listed in Annex II.
3. The participation, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly,
to circumvent the measures referred to in paragraphs 1 and 2 shall be prohibited.’;
(2) Article 15 is replaced by the following:
‘Article 15
1. Annex II shall consist of the following:
(a) Annex II shall consist of a list of natural or legal persons, entities and bodies who, in accordance with Article 19(1)
of Decision 2011/782/CFSP, have been identified by the Council as being persons or entities responsible for the
violent repression against the civilian population in Syria, persons and entities who have benefited from or
supported the al-Assad regime, and natural or legal persons and entities associated with them, and to whom
Article 21 of this Regulation shall not apply.
1a. The list in Annex II shall also consist of natural or legal persons, entities and bodies who, in accordance with
Article 28(2) of Council Decision 2013/255/CFSP(*)have been identified by the Council as falling within one of the
following categories:
(a) leading businesspersons operating in Syria linked to the former al-Assad regime;
(b) members of the al-Assad or Makhlouf families;
(c) Syrian Government Ministers in power between May 2011 and December 2024;
(d) members of the Syrian Armed Forces of the rank of “colonel” and the equivalent or higher in post between May
2011 and December 2024;
(e) members of the Syrian security and intelligence services in post between May 2011 and December 2024;
(f) members of the al-Assad regime-affiliated militias; or
(g) members of entities, units, agencies, bodies or institutions operating in the chemical weapons proliferation sector,
and natural or legal persons and entities associated with them.
1b. Persons, entities and bodies within one of the categories referred to in paragraph 1a shall not be included or
retained on the list of persons, entities and bodies in Annex II if there is sufficient information that they are not, or are
no longer, associated with the former al-Assad regime or do not exercise influence over it or do not pose a real risk of
circumvention.
2. Annex II shall include the grounds for the listing of listed persons, entities and bodies concerned.
3. Annex II shall also include, where available, information necessary to identify the natural or legal persons,
entities and bodies concerned. With regard to natural persons, such information may include names including aliases,
date and place of birth, nationality, passport and ID card numbers, gender, address, if known, and function or
profession. With regard to legal persons, entities and bodies, such information may include names, place and date of
registration, registration number and place of business.
(*) Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (OJ L 147,
1.6.2013, p. 14, ELI: http://data.europa.eu/eli/dec/2013/255/oj).’;
2/4 ELI: http://data.europa.eu/eli/reg/2025/1098/ojEN
OJ L, 28.5.2025
(3) Article 15a is inserted:
‘Article 15a
1. By way of derogation from Article 14(1), (2) and (3), the competent authorities of a Member State, as identified
on the websites listed in Annex III, may authorise the release of certain frozen funds or economic resources, or the
making available of certain funds or economic resources, to the entities listed as Number 42 and Number 43 in
Annex II, under such conditions as they deem appropriate, after having determined that the provision of such funds or
economic resources is necessary for the cooperation between those entities and a Member State’s governmental entity
or body in the areas of reconstruction, capacity-building, counter-terrorism and migration.
2. In the absence of a negative decision, a request for information or a notification for additional time from the
relevant competent authority within five working days of the date of receipt of a request for authorisation under
paragraph 1, that authorisation shall be considered granted.
3. The Member State concerned shall inform the other Member States and the Commission of any authorisations
granted under paragraphs 1 and 2 within four weeks of such authorisation.
4. The participation, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly,
to circumvent the measures referred to in paragraphs 1, 2 and 3 shall be prohibited.’;
(4) Article 16 is amended as follows:
(a) point (a) is replaced by the following:
‘(a) necessary to satisfy the basic needs of natural or legal persons, entities or bodies listed in Annex II, and
dependent family members of such natural persons, including payments for foodstuffs, rent or mortgage,
medicines and medical treatment, taxes, insurance premiums, and public utility charges;’;
(b) point (i) is replaced by the following:
‘(i) intended exclusively for payments by Syrian State-owned entities, as listed in Annex II, on behalf of the Syrian
Arab Republic to the OPCW for activities related to the OPCW verification mission and the destruction of
Syrian chemical weapons, including in particular payments to the OPCW Special Trust Fund for activities
related to the complete destruction of Syrian chemical weapons outside the territory of the Syrian Arab
Republic.’;
(5) Article 18(1) is amended as follows:
(a) paragraph (a) is replaced by the following:
‘(a) the funds or economic resources are the subject of an arbitral decision rendered prior to the date on which the
natural or legal person, entity or body referred to in Article 14 was listed in Annex II, or of a judicial or
administrative decision rendered in the Union, or a judicial decision enforceable in the Member State
concerned, prior to or after that date;’;
(b) paragraph (c) is replaced by the following:
‘(c) the decision is not for the benefit of a natural or legal person, entity or body listed in Annex II;’;
(6) Article 20 is replaced by the following:
‘Article 20
By way of derogation from Article 14 and provided that a payment by a person, entity or body listed in Annex II is due
under a contract or agreement that was concluded by, or an obligation that arose for the person, entity or body
concerned before, the date on which that person, entity or body had been designated, the competent authorities of the
Member States, as indicated on the websites listed in Annex III, may authorise, under such conditions as they deem
appropriate, the release of certain frozen funds or economic resources, provided that the payment is not directly or
indirectly received by a person or entity referred to in Article 14.’;
ELI: http://data.europa.eu/eli/reg/2025/1098/oj 3/4EN
OJ L, 28.5.2025
(7) Article 20a is replaced by the following:
‘Article 20a
By way of derogation from Article 14, the competent authorities of the Member States, as identified on the websites
listed in Annex III, may authorise, under such conditions as they deem appropriate, the transfer by or through
a financial entity listed in Annex II of funds or economic resources, where the transfer is related to a payment by
a person or entity not listed in Annex II in connection with the provision of financial support to Syrian nationals
pursuing an education, professional training or engaged in academic research in the Union, provided that the
competent authority of the relevant Member State has determined, on a case-by-case basis, that the payment will not
directly or indirectly be received by a person or entity listed in Annex II.’;
(8) in Article 21c(1) the final subparagraph is replaced by the following:
‘provided that the competent authority of the relevant Member State has determined, on a case-by-case basis, that the
payment will not directly or indirectly be received by any person or entity listed in Annex II and provided that the
transfer is not otherwise prohibited by this Regulation.’;
(9) in Article 27(1), point (a) is replaced by the following:
‘(a) designated persons, entities or bodies listed in Annex II;’;
(10) Article 27a is replaced by the following:
‘Article 27a
It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to
circumvent the provisions of Articles 2a, 3 and 3a.’;
(11) Article 32 is amended as follows:
(a) paragraph 1 is replaced by the following:
‘1. Where the Council decides to subject a natural or legal person, entity or body to the measures referred to in
Article 14, it shall amend Annex II to accordingly.’;
(b) paragraph 4 is replaced by the following:
‘4. The list in Annex II shall be reviewed at regular intervals and at least every 12 months.’;
(12) Articles 1a, 6, 6a, 6b, 7, 7a, 8, 9, 9a, 10, 11, 11a, 11b, 12, 13, 13a, 21, 21a, 21b, 23, 24, 25, 25a, 26 and 26a are
deleted;
(13) Annexes IV, Va, Vb, VI, VII, VIII, X and XI are deleted.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 May 2025.
For the Council
The President
A. SZŁAPKA
4/4 ELI: http://data.europa.eu/eli/reg/2025/1098/oj