Council Regulation (EU) 2017/284 of 17 February 2017 amending Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe

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) 2017/288 amending Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe (1),

Having regard to the joint proposal of the High Representative of the Union for Foreign Affairs and Security Policy and of the European Commission,

Whereas:

(1) Council Regulation (EC) No 314/2004 (2) gives effect to Council Decision 2011/101/CFSP (3) and provides for certain measures directed against persons in Zimbabwe, including a freezing of their assets.

(2) A derogation from the prohibition on the sale, supply, transfer and export of equipment which might be used for internal repression should be introduced in order to enable the authorisation of certain equipment, where appropriate, for the purposes of civilian use in mining or infrastucture projects, following the adoption of Decision (CFSP) 2017/288.

(3) Regulatory action at the level of the Union is therefore necessary in order to give effect to Decision (CFSP) 2017/288, in particular with a view to ensure uniform application by economic operators in all Member States.

(4) Regulation (EC) No 314/2004 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 314/2004 is amended as follows:

(1) the following Article is inserted: ‘Article 4a

(2) Annex I is replaced by the text appearing in the Annex to this Regulation.

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, 17 February 2017.

For the Council The President E. BARTOLO

(1) OJ L 42, 18.2.2017, p. 12.

(2) Council Regulation (EC) No 314/2004 of 19 February 2004 concerning certain restrictive measures in respect of Zimbabwe (OJ L 55, 24.2.2004, p. 1).

(3) Council Decision 2011/101/CFSP of 15 February 2011 concerning restrictive measures against Zimbabwe (OJ L 42, 16.2.2011, p. 6).