Council Regulation (EC) No 310/2002
of 18 February 2002
concerning certain restrictive measures in respect of Zimbabwe
THE 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 Council Common Position 2002/145/CFSP of 18 February 2002 concerning restrictive measures against Zimbabwe(1),
Having regard to the proposal from the Commission,
Whereas:
(1) The Council has expressed serious concern about the situation in Zimbabwe, in particular the recent escalation of violence and intimidation of political opponents and the harassment of the independent press. It has noted that the Government of Zimbabwe has not taken effective measures to improve the situation as called for by the European Council in Laeken last December.
(2) The Council has assessed that the Government of Zimbabwe continues to engage in serious violations of human rights and of the freedom of opinion, of association and of peaceful assembly. Therefore, for as long as the violations occur, the Council deems it necessary to introduce restrictive measures against the government of Zimbabwe and those who bear a wide responsibility for such violations.
(3) Therefore, Common Position 2002/145/CFSP provides that certain restrictive measures will be taken in respect of Zimbabwe, in particular the freezing of funds, financial assets or economic resources of individual members of the Government and natural or legal persons associated with them as well as a ban on exports on repression equipment and a ban on technical advice, assistance or training related to military activities.
(4) These measures fall under the scope of the Treaty and, therefore, notably with a view to avoiding distortion of competition, Community legislation is necessary to implement the said measures as far as the territory of the Community is concerned. For the purpose of this Regulation, the territory of the Community is deemed to encompass the territories of the Member States to which the Treaty is applicable, under the conditions laid down in that Treaty,
HAS ADOPTED THIS REGULATION:
Article 1
For the purpose of this Regulation:
1. "Funds, other financial assets or economic resources" means assets of every kind, whether tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets, including, but not limited to, bank credits, travellers' cheques, bank cheques, money orders, shares, securities, bonds, drafts and letters of credit;
2. "freezing of funds, other financial assets or economic resources" means: preventing any move, transfer, alteration, use of or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character, destination or other change that would enable the use of the funds, including portfolio management.
Article 2
1. All funds, other financial assets or economic resources belonging to individual members of the Government of Zimbabwe and to any natural or legal persons, entities or bodies associated with them as listed in Annex I, shall be frozen.
2. No funds, financial assets or economic resources shall be made available directly or indirectly to or for the benefit of natural or legal persons, entities or bodies listed in Annex I.
Article 3
1. Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy and to the provisions of Article 284 of the Treaty, natural and legal persons, entities and bodies shall:
(a) provide immediately any information which would facilitate compliance with this Regulation, such as accounts and amounts frozen in accordance with Article 2 to the competent authorities of the Member States listed in Annex III where they are resident or located, and to the Commission.
In particular, available information in respect of funds, financial assets or economic resources owned or controlled by persons listed in Annex I during the period of six months before the entry into force of this Regulation shall be provided;
(b) cooperate with the competent authorities listed in Annex III in any verification of this information.
2. Any information provided or received in accordance with this Article shall be used only for the purposes for which it was provided or received.
3. Any additional information directly received by the Commission shall be made available to the competent authorities of the Member States concerned.
Article 4
Article 2 shall not apply to:
(a) the crediting of frozen accounts on the condition that any additions shall be frozen;
(b) the use of frozen funds for:
- essential human needs of a natural person included in Annex I such as payments for foodstuffs, medicines, the rent or mortgage for the family residence and fees and charges concerning medical treatment of members of that family, to be fulfilled within the Community;
- payment of taxes, compulsory insurance premiums and fees for public utility services such as gas, water, electricity and telecommunications to be paid in the Community;
- payment of charges due to a financial institution in the Community for the maintenance of accounts.
The Commission shall be informed of any payment made under this Article and of conclusive evidence of the fulfilment of the conditions and the purposes. Such evidence shall be kept available for at least five years for inspection by competent authorities.
Article 5
1. Notwithstanding the provisions of Article 2 and with a view to the protection of the interests of the Community, which include the interests of its citizens and residents, the competent authorities of a Member State may grant specific authorisations:
- to unfreeze funds, other financial assets or other economic resources,
- to make funds, other financial assets or other economic resources available to a person, entity or body included in the list referred to in Article 2(2),
after consultation with the other Member States and the Commission in accordance with paragraph 2.
2. A competent authority which receives a request for an authorisation referred to in paragraph 1 shall notify the competent authorities of the other Member States and the Commission, as listed in Annex III, of the grounds on which it intends to either reject the request or grant a specific authorisation.
The competent authority which intends to grant a specific authorisation shall take due account of comments made within two weeks by other Member States and the Commission.
Article 6
Without prejudice to the powers of the Member States in the exercise of their public authority, the provision to Zimbabwe of technical training or assistance related to the provision, manufacture, maintenance or use of arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned shall be prohibited.
Article 7
1. It shall be prohibited, knowingly and intentionally, to sell, supply, export or ship, directly or indirectly, equipment which might be used for internal repression as listed in Annex II to any natural or legal person, entity or body in Zimbabwe or for the purpose of any business carried on in or operated from the territory of Zimbabwe.
2. Paragraph 1 shall not apply to supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, nor shall they apply to protective clothing, including flak jackets and military helmets, temporarily exported to Zimbabwe by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.
Article 8
The Commission shall be empowered to amend:
- Annex I on the basis of decisions in respect of the Annex of Common Position 2002/145/CFSP, and
- Annex III on the basis of information supplied by the Member States.
Article 9
The participation, knowingly and intentionally, in related activities the object or effect of which is, directly or indirectly to promote the transactions or activities referred to in Articles 2, 6 and 7 or to circumvent the provisions of this Regulation shall be prohibited.
Article 10
The Commission and the Member States shall immediately inform each other of the measures taken under this Regulation and shall supply each other with relevant information at their disposal in connection with this Regulation, in particular information in respect of violation and enforcement problems and judgements handed down by national courts.
Article 11
Each Member State shall determine the sanctions to be imposed where the provisions of this Regulation are infringed. Such sanctions shall be effective, proportionate and dissuasive.
Article 12
This Regulation shall apply:
- within the territory of the Community, including its airspace,
- on board any aircraft or any vessel under the jurisdiction of a Member State,
- to any person elsewhere who is a national of a Member State, and
- to any legal person, entity or body which is incorporated or constituted under the law of a Member State.
Article 13
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall apply for a renewable 12 months' period after that date.
It shall be kept under constant review.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 February 2002.