COMMISSION IMPLEMENTING REGULATION (EU) 2021/253

of 17 February 2021

amending Council Regulation (EC) No 314/2004 concerning restrictive measures in view of the situation in Zimbabwe

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 314/2004 of 19 February 2004 concerning restrictive measures in view of the situation in Zimbabwe (1), and in particular Article 11(b) thereof,

Whereas:

(1)	Council Decision 2011/101/CFSP (2) identifies the persons and entities to whom restrictive measures apply as provided for in Articles 4 and 5 of that Decision.

(2)	Regulation (EC) No 314/2004 gives effect to that Decision to the extent that action at Union level is required. In particular, Annex III to Regulation (EC) No 314/2004 lists the persons and entities covered by the freezing of funds and economic resources under that Regulation.

(3)	On 18 February 2021, the Council adopted Decision (CFSP) 2021/258 (3) amending the entries for two persons in and removing one person from the list of persons and entities subject to restrictive measures.

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

HAS ADOPTED THIS REGULATION:

Article 1

Annex III to Regulation (EC) No 314/2004 is amended as set out 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 the Member States in accordance with the Treaties.

Done at Brussels, 17 February 2021.

For the Commission,

On behalf of the President,

Director-General

Directorate-General for Financial Stability, Financial Services and Capital Markets Union

(1) OJ L 55, 24.2.2004, p. 1.

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

(3) Council Decision (CFSP) 2021/258 of 18 February 2021 amending Decision 2011/101/CFSP concerning restrictive measures in view of the situation in Zimbabwe (see page 51 of this Official Journal).

ANNEX

Annex III, Section I, to Council Regulation (EC) No 314/2004 is amended as follows:

(1)

the entries for the persons listed below are replaced as follows:

‘(5)	CHIWENGA, Constantine

Vice-President

Former Commander of the Zimbabwe Defence Forces, retired General, born 25.8.1956

Passport AD000263

ID 63-327568M80

Vice-President and former Commander of the Zimbabwe Defence Forces. Member of Joint Operations Command and complicit in forming or directing repressive state policy. Used army for farm takeovers. During the 2008 elections, he was a prime architect of the violence associated with the process of the Presidential run-off.’

‘(7)	SIBANDA, Phillip Valerio (a.k.a. Valentine)

Commander of the Zimbabwe Defence Forces

Former Commander of the Zimbabwe National Army, General, born 25.8.1956 or 24.12.1954

ID 63-357671H26

Commander of the Zimbabwe Defence Forces and former Commander of the Zimbabwe National Army. Senior army figure with ties to the Government and complicit in forming or directing oppressive state policy.’

(2)

the following entry is deleted:

‘(6)	Shiri, Perence (a.k.a. Bigboy) Samson Chikerema

Air Marshal (Air Force)

Born 1.11.1955

ID 29-098876M18

Senior military officer and member of ZANU-PF Joint Operational Command and complicit in forming or directing oppressive state policy. Involved in political violence, including during the 2008 election in Mashonaland West in Chiadzwa.’