L 198/28 Official Journal of the European Union 23.7.2013 COUNCIL REGULATION (EU) No 6972013 of 22 July 2013 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in 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 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (1), Having regard to the joint proposals from the High Represen- tative 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 (3 in order to give effect to Council Decision 2011/782/CFSP  of 1 December 2011 concerning restrictive measures against Syria (3). On 29 November 2012, the Council adopted Decision 2012/739/CESP (%) which repealed and replaced Decision 2011/782/CFSP. On 1 June 2013 Decision 2012/739/CFSP expired. On 31 May 2013, the Council adopted Decision 2013/255/CFSP. Annex IX to Regulation (EU) No 36/2012 lists items which are subject to prior authorisation prior to sale, supply, transfer or export in accordance with Article 2b of Regulation No 36/2012. That list should be expanded to include further items. An exception for products identified as consumer goods should be provided. Those measures fall within the scope of the Treaty on the Functioning of the European Union, and regulatory action at the level of the Union is necessary in order to ensure the uniform application of such measures by economic operators in all Member States. Regulation (EU) No 36/2012 should therefore be amended accordingly, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EU) No 36/2012 is amended as follows: (1) Article 2 is replaced by the following: "Article 2 1. A Member State may prohibit or impose an auth- orisation requirement on the export, sale, supply or 147, 1.6.2013, p. 14. 16, 19.1.2012, p. 1. 319, 2.12.2011, p. 56. 330, 30.11.2012, p. 21. — = transfer of equipment which might be used for internal repression other than those listed in Annex IA or Annex X, whether or not originating in the Union, to any person, entity or body in Syria or for use in Syria. 2. A Member State may prohibit or impose an auth- orisation requirement on the provision of technical assistance, financing and financial assistance related to the equipment referred to in paragraph 1, to any person, entity or body in Syria or for use in Syria."; Article 2a is replaced by the following: "Article 2a 1. It shall be prohibited: (@) to sell, supply, transfer or export, directly or indirectly, equipment, goods or technology which might be used for internal repression or for the manufacture and maintenance of products which might be used for internal repression, as listed in Annex IA, whether or not originating in the Union, to any person, entity or body in Syria or for use in Syria; (b) to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in point (a). 2. By way of derogation from paragraph 1, the competent authorities in the Member States, as identified on the websites listed in Annex III, may grant, under such terms and conditions as they deem appropriate, an auth- orisation for a transaction in relation to equipment, goods or technology as listed in Annex IA, provided that the equipment, goods or technology are intended for food, agricultural, medical or other humanitarian purposes, or for the benefit of United Nations personnel, personnel of the Union or its Member States."; in Article 2c paragraph 2 is replaced by the following: "2.  The seizure and disposal of equipment, goods or technology, the supply, sale, transfer or export of which is prohibited by Article 2a of this Regulation may, in accordance with national legislation or the decision of a competent authority, be carried out at the expense of the person or entity referred to in paragraph 1 or, if it is not possible to recover these expenses from that person or entity, the expenses may, in accordance with national legislation, be recovered from any person or entity who