LegalizeCouncil Regulation (EC) No 314/2004 of 19 February 2004 concerning certain restrictive measures in respect of Zimbabwe
Article 1
For the purposes of this Regulation, the following definitions shall apply:
(a) ‘technical assistance’means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services; technical assistance includes verbal forms of assistance;
(f) ‘competent authorities’ means the competent authorities of the Member States as identified on the websites listed in Annex II;
(g) ‘financing or financial assistance’ means any action, irrespective of the particular means chosen, whereby the natural or legal person, entity or body concerned, conditionally or unconditionally, disburses or commits to disburse its own funds or economic resources, including grants, loans, guarantees, suretyships, bonds, letters of credit, supplier credits, buyer credits, import or export advances and all types of insurance and reinsurance, including export credit insurance; payment as well as terms and conditions of payment of the agreed price for a good or a service, made in line with normal business practice, do not constitute financing or financial assistance;
(h) ‘territory of the Union’ means the territories of the Member States to which the Treaty on European Union (TEU) applies, under the conditions laid down in the TEU, including their airspace.
Article 2
It shall be prohibited:
(a) to grant, sell, supply or transfer, directly or indirectly, technical assistance related to military activities or to the provision, manufacture, maintenance and use of the items referred to in paragraph 1 to any person, entity or body in Zimbabwe or for use in Zimbabwe;
(b) to provide, directly or indirectly, financing or financial assistance related to military activities or for the sale, supply, transfer or export of the items referred to in paragraph 1 to any person, entity or body in Zimbabwe or for use in Zimbabwe;
(c) to participate, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to promote the transactions referred to in point (a) or (b).
Article 3
It shall be prohibited:
(a) to, knowingly and intentionally, sell, supply, transfer or export, directly or indirectly, equipment which might be used for internal repression as listed in Annex I, whether originating in the Union or not, to any natural or legal person, entity or body in Zimbabwe or for use in Zimbabwe;
(b) to grant, sell, supply or transfer, directly or indirectly, technical assistance related to the equipment referred to in point (a) to any natural or legal person, entity or body in Zimbabwe or for use in Zimbabwe;
(c) to provide, directly or indirectly, financing or financial assistance related to the equipment referred to in point (a) to any natural or legal person, entity or body in Zimbabwe or for use in Zimbabwe; or
(d) to participate, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to promote the transactions referred to in point (a), (b) or (c).
Article 4
By way of derogation from Articles 2 and 3, the competent authorities of Member States as listed in Annex II may authorise:
(a) the sale, supply, transfer or export of, and the provision of financing or financial assistance and technical assistance related to: (i) non-lethal military equipment intended solely for humanitarian or protective use, or for institution-building programmes of the European Union and the United Nations; (ii) materiel intended for European Union and United Nations crisis-management operations;
(b) the sale, supply, transfer or export of equipment listed in Annex I intended solely for humanitarian or protective use, and the provision of financing or financial assistance and technical assistance related to these transactions.
Article 4a
Article 5
Articles 2 and 3 shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to Zimbabwe by United Nations personnel, personnel of the European Union or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.
Article 8
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) supply immediately any information which would facilitate compliance with this Regulation to the competent authorities of the Member States listed in Annex II in which they are resident or located, or of which they are a national, and shall transmit such information, directly or through those competent authorities, to the Commission.
(b) cooperate with the competent authorities listed in Annex II in any verification of this information.
Article 10
The Commission and Member States shall inform each other of the measures taken under this Regulation and shall share any other relevant information at their disposal in connection with this Regulation, in particular information in respect of:
(a) authorisations granted under the derogations set out in this Regulation; and
(b) violation and enforcement problems and judgments handed down by national courts.
Article 10a
Article 10b
Any information provided or received in accordance with this Regulation shall be used only for the purposes for which it was provided or received.
Article 11
The Commission shall be empowered to amend Annex II on the basis of information supplied by Member States.
Article 12
Article 13
This Regulation shall apply:
(a) within the territory of the Union;
(b) on board any aircraft or vessel under the jurisdiction of a Member State;
(c) to any natural person inside or outside the territory of the Union who is a national of a Member State;
(d) to any legal person, entity or body, inside or outside the territory of the Union, which is incorporated or constituted under the law of a Member State; and
(e) to any legal person, entity or body in respect of any business done in whole or in part within the Union.
Article 14
This Regulation shall enter into force on 21 February 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
List of equipment which might be used for internal repression referred to in Article 3
Fire-arms, ammunition and related accessories therefor, as follows:
1.1. Firearms not controlled by ML 1 and ML 2 of the EU Common Military List; 1.2. Ammunition specially designed for the firearms listed in 1.1 and specially designed components therefor; 1.3. Weapon-sights not controlled by the EU Common Military List.
Bombs and grenades not controlled by the EU Common Military List.
Vehicles as follows:
3.1. Vehicles equipped with a water cannon, specially designed or modified for the purpose of riot control; 3.2. Vehicles specially designed or modified to be electrified to repel borders; 3.3. Vehicles specially designed or modified to remove barricades, including construction equipment with ballistic protection; 3.4. Vehicles specially designed for the transport or transfer of prisoners and/or detainees; 3.5. Vehicles specially designed to deploy mobile barriers; 3.6. Components for the vehicles specified in 3.1 to 3.5 specially designed for the purposes of riot control. Note 1: This item does not control vehicles specially designed for the purposes of fire-fighting. Note 2: For the purposes of item 3.5 the term ‘vehicles’ includes trailers.
Explosive substances and related equipment as follows:
4.1. Equipment and devices specially designed to initiate explosions by electrical or nonelectrical means, including firing sets, detonators, igniters, boosters and detonating cord, and specially designed components therefor; except those specially designed for a specific commercial use consisting of the actuation or operation by explosive means of other equipment or devices the function of which is not the creation of explosions (e.g., car air-bag inflaters, electric-surge arresters of fire sprinkler actuators); 4.2. Linear cutting explosive charges not controlled by the EU Common Military List; 4.3. Other explosives not controlled by the EU Common Military List and related substances as follows: (a) amatol; (b) nitrocellulose (containing more than 12,5 % nitrogen); (c) nitroglycol; (d) pentaerythritol tetranitrate (PETN); (e) picryl chloride; (f) 2,4,6-trinitrotoluene (TNT).
Protective equipment not controlled by ML 13 of the EU Common Military List as follows:
5.1. Body armour providing ballistic and/or stabbing protection; 5.2. Helmets providing ballistic and/or fragmentation protection, anti-riot helmets, anti-riot shields and ballistic shields. Note: This item does not control: — equipment specially designed for sports activities; — equipment specially designed for safety of work requirements.
Simulators, other than those controlled by ML 14 of the EU Common Military List, for training in the use of firearms, and specially designed software therefor.
Night vision, thermal imaging equipment and image intensifier tubes, other than those controlled by the EU Common Military List.
Razor barbed wire.
Military knives, combat knives and bayonets with blade lengths in excess of 10 cm.
Production equipment specially designed for the items specified in this list.
Specific technology for the development, production or use of the items specified in this list.
ANNEX II
Websites for information on the competent authorities referred to in Articles 4 and 8 and address for notifications to the European Commission
BELGIUM
https://diplomatie.belgium.be/en/policy/policy_areas/peace_and_security/sanctions
BULGARIA
https://www.mfa.bg/en/EU-sanctions
CZECHIA
www.financnianalytickyurad.cz/mezinarodni-sankce.html
DENMARK
https://um.dk/udenrigspolitik/sanktioner/ansvarlige-myndigheder
GERMANY
https://www.bmwi.de/Redaktion/DE/Artikel/Aussenwirtschaft/embargos-aussenwirtschaftsrecht.html
ESTONIA
https://vm.ee/sanktsioonid-ekspordi-ja-relvastuskontroll/rahvusvahelised-sanktsioonid
IRELAND
https://www.dfa.ie/our-role-policies/ireland-in-the-eu/eu-restrictive-measures/
GREECE
http://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html
SPAIN
https://www.exteriores.gob.es/es/PoliticaExterior/Paginas/SancionesInternacionales.aspx
FRANCE
http://www.diplomatie.gouv.fr/fr/autorites-sanctions/
CROATIA
https://mvep.gov.hr/vanjska-politika/medjunarodne-mjere-ogranicavanja/22955
ITALY
CYPRUS
LATVIA
LITHUANIA
LUXEMBOURG
HUNGARY
https://kormany.hu/kulgazdasagi-es-kulugyminiszterium/ensz-eu-szankcios-tajekoztato
MALTA
NETHERLANDS
https://www.rijksoverheid.nl/onderwerpen/internationale-sancties
AUSTRIA
https://www.bmeia.gv.at/themen/aussenpolitik/europa/eu-sanktionen-nationale-behoerden/
POLAND
https://www.gov.pl/web/dyplomacja/sankcje-miedzynarodowe
https://www.gov.pl/web/diplomacy/international-sanctions
PORTUGAL
https://portaldiplomatico.mne.gov.pt/politica-externa/medidas-restritivas
ROMANIA
SLOVENIA
http://www.mzz.gov.si/si/omejevalni_ukrepi
SLOVAKIA
https://www.mzv.sk/europske_zalezitosti/europske_politiky-sankcie_eu
FINLAND
SWEDEN
https://www.regeringen.se/sanktioner
Address for notifications to the European Commission:
European Commission
Directorate-General for Financial Stability, Financial Services and Capital Markets Union (DG FISMA)
Rue de Spa 2/Spastraat 2
B-1049 Bruxelles/Brussel,
E-mail: relex-sanctions@ec.europa.eu
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