52015JC0008

Joint Proposal for a COUNCIL REGULATION amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe /* JOIN/2015/0008 - NLE/2015/0067 */


EXPLANATORY MEMORANDUM

(1)          Council Regulation (EC) No 314/2004 of 19 February 2004 concerning certain restrictive measures in respect of Zimbabwe[1] implements several restrictive measures provided for by Council Decision 2011/101/CFSP of 15 February 2011 concerning restrictive measures against Zimbabwe[2], including the freezing of funds and economic resources of certain natural or legal persons, entities and bodies.

(2)          On 19 February 2015 the Council adopted a Council Decision amending Decision 2011/101/CFSP with the aim of removing the names of five deceased persons from Annex I and II to that Decision.

(3)          That measure is implemented at the level of the Union and therefore further action by the Union is needed in order to implement it.

(4)          On 19 February 2015 Commission Implementing Regulation (EU) 2015/275 removed those five persons from Annex III to Regulation (EC) No 314/2004.

(5)          It is necessary to update Annex IV to Council Regulation (EU) No 314/2004 accordingly.

2015/0067 (NLE)

Joint Proposal for a

COUNCIL REGULATION

amending Council 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 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[3] implements several measures provided for by Council Decision 2011/101/CFSP[4], including the freezing of funds and economic resources of certain natural or legal persons, entities and bodies.

(2)       Annex IV to Regulation (EC) No 314/2004 lists the persons and entities suspended from the freezing of funds and economic resources under that Regulation.

(3)       On 19 February 2015 the Council adopted Council Decision (CFSP) 2015/277[5] amending Decision 2011/101/CFSP removing the names of five deceased persons from Annex I and II to that Decision.

(4)       That measure falls within the scope of the Treaty on the Functioning of the European Union and regulatory action at the level of the Union is therefore necessary in order to implement it, in particular with a view to ensuring its uniform application by economic operators in all Member States.

(5)       On 19 February 2015 Commission Implementing Regulation (EU) 2015/275[6] removed those five deceased persons from Annex III to Regulation (EC) No 314/2004.

(6)       Annex IV to Council Regulation (EU) No 314/2004 should be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex IV to Regulation (EC) No 314/2004 is amended in accordance with 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,

                                                                       For the Council

                                                                       The President

[1]               OJ L 55, 24.2.2004, p.1.

[2]               OJ L 42, 16.2.2011, p. 6–23

[3]               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).

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

[5]               Council Decision (CFSP) 2015/277 of 19 February 2015 amending Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe (OJ L 47, 20.2.2015, p. 20–21)

[6]               Commission Implementing Regulation (EU) 2015/275 of 19 February 2015 amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe (OJ L 47, 20.2.2015, p. 15).

ANNEX

to the

Joint proposal for a COUNCIL REGULATION

amending Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe

ANNEX

In Annex IV to Regulation (EC) No 314/2004 the following natural persons shall be deleted from the heading ‘I. Persons’:

I. Persons

|| Name (and any aliases)

(1) Chindori-Chininga, Edward Takaruza

(2) Karakadzai, Mike Tichafa

(3) Sakupwanya, Stanley Urayayi

(4) Sekeremayi, Lovemore

(5) Shamuyarira, Nathan Marwirakuwa