L_2017295EN.01002101.xml
| 14.11.2017 | EN | Official Journal of the European Union | L 295/21 |
COUNCIL REGULATION (EU) 2017/2063
of 13 November 2017
concerning restrictive measures in view of the situation in Venezuela
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) 2017/2074 of 13 November 2017 concerning restrictive measures in view of the situation in Venezuela (1),
Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the Commission,
Whereas:
| (1) | In view of the continuing deterioration of democracy, the rule of law and human rights in Venezuela, the Union has repeatedly expressed concern and called on all Venezuelan political actors and institutions to work in a constructive manner towards a solution to the crisis in the country while fully respecting the rule of law and human rights, democratic institutions and the separation of powers. |
| (2) | On 13 November 2017, the Council adopted Decision (CFSP) 2017/2074, providing for, inter alia, a ban on the export of arms and equipment which might be used for internal repression, a ban on the export of surveillance equipment and the freezing of funds and economic resources of certain persons, entities and bodies responsible for serious human rights violations or abuses or the repression of civil society and democratic opposition and persons, entities and bodies whose actions, policies or activities otherwise undermine democracy or the rule of law in Venezuela, as well as persons, entities and bodies associated with them. |
| (3) | Certain measures provided for in Decision (CFSP) 2017/2074 fall within the scope of the Treaty and therefore, with a view, in particular, to ensuring their uniform application by economic operators in all Member States, regulatory action at the level of the Union is necessary in order to implement them. |
| (4) | This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, in particular the right to an effective remedy and a fair trial and the right to the protection of personal data. This Regulation should be applied in accordance with those rights. |
| (5) | The power to amend the lists in Annexes IV and V to this Regulation should be exercised by the Council in order to ensure consistency with the process for amending and reviewing Annexes I and II to Decision (CFSP) 2017/2074. |
| (6) | For the implementation of this Regulation, and in order to create maximum legal certainty within the Union, the names and other relevant data concerning natural and legal persons, entities and bodies whose funds and economic resources are to be frozen in accordance with this Regulation should be made public. Any processing of personal data should comply with Regulation (EC) No 45/2001 of the European Parliament and of the Council (2) and Directive 95/46/EC of the European Parliament and of the Council (3). |
| (7) | Member States and the Commission should inform each other of the measures taken under this Regulation and of other relevant information at their disposal in connection with this Regulation. |
| (8) | Member States should determine the penalties applicable to infringements of this Regulation. The penalties should be effective, proportionate and dissuasive. |
| (9) | In order to ensure that the measures provided for in this Regulation are effective, it should enter into force immediately, |
HAS ADOPTED THIS REGULATION:
Article 1
For the purposes of this Regulation, the following definitions apply:
| (a) | ‘claim’ means any claim, whether asserted by legal proceedings or not, made before, on or after the date of entry into force of this Regulation, under or in connection with a contract or transaction, and includes in particular:
| (i) | a claim for performance of any obligation arising under or in connection with a contract or transaction; |
| (ii) | a claim for extension or payment of a bond, financial guarantee or indemnity of whatever form; |
| (iii) | a claim for compensation in respect of a contract or transaction; |
| (v) | a claim for the recognition or enforcement, including by the procedure of exequatur, of a judgment, an arbitration award or an equivalent decision, wherever made or given; | |
| (b) | ‘contract or transaction’ means any transaction of whatever form and whatever the applicable law, whether comprising one or more contracts or similar obligations made between the same or different parties; for this purpose, ‘contract’ includes a bond, guarantee or indemnity, in particular a financial guarantee or financial indemnity, and credit, whether legally independent or not, as well as any related provision arising under, or in connection with, the transaction; |
| (c) | ‘competent authorities’ refers to the competent authorities of the Member States as identified on the websites listed in Annex III; |
| (d) | ‘economic resources’ means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds, but may be used to obtain funds, goods or services; |
| (e) | ‘freezing of economic resources’ means preventing the use of economic resources to obtain funds, goods or services in any way, including, but not limited to, by selling, hiring or mortgaging them; |
| (f) | ‘freezing of funds’ means preventing any move, transfer, alteration or use of, access to, or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character or destination or other change that would enable the funds to be used, including portfolio management; |
| (g) | ‘funds’ means financial assets and benefits of every kind, including, but not limited to:
| (i) | cash, cheques, claims on money, drafts, money orders and other payment instruments; |
| (ii) | deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; |
| (iii) | publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts; |
| (iv) | interest, dividends or other income on or value accruing from or generated by assets; |
| (v) | credit, right of set-off, guarantees, performance bonds or other financial commitments; |
| (vi) | letters of credit, bills of lading, bills of sale; and |
| (vii) | documents showing evidence of an interest in funds or financial resources; | |
| (h) | ‘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, including verbal forms of assistance; |
| (i) | ‘brokering services’ means:
| (i) | the negotiation or arrangement of transactions for the purchase, sale or supply of goods and technology or financial and technical services from a third country to any other third country, or |
| (ii) | the selling or buying of goods and technology or financial and technical services that are located in a third country for their transfer to another third country; | |
| (j) | ‘territory of the Union’ means the territories of the Member States to which the Treaty is applicable, under the conditions laid down in the Treaty, including their airspace. |
Article 2
1. It shall be prohibited:
| (a) | to provide, directly or indirectly, technical assistance, brokering services and other services related to the goods and technology listed in the EU Common List of Military Equipment (‘the Common Military List’) and to the provision, manufacture, maintenance and use of goods and technology listed in the Common Military List to any natural or legal person, entity or body in, or for use in, Venezuela; |
| (b) | to provide, directly or indirectly, financing or financial assistance related to the goods and technology listed in the Common Military List, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance, for any sale, supply, transfer or export of such items, or for the provision of related technical assistance, brokering services and other services, directly or indirectly to any person, entity or body in, or for use in, Venezuela. |
2. The prohibition in paragraph 1 shall not apply to the execution of contracts concluded before 13 November 2017 or to ancillary contracts necessary for the execution of such contracts, provided that they comply with Council Common Position 2008/944/CFSP (4), in particular with the criteria set out in Article 2 thereof and that the natural or legal persons, entities or bodies seeking to perform the contract have notified the contract to the competent authority of the Member State in which they are established within 5 working days of the entry into force of this Regulation.
Article 3
It shall be prohibited:
| (a) | to sell, supply, transfer or export, directly or indirectly, equipment which might be used for internal repression as listed in Annex I, whether or not originating in the Union, to any natural or legal person, entity or body in, or for use in, Venezuela; |
| (b) | to provide technical assistance and brokering and other services related to the equipment referred to in point (a), directly or indirectly to any natural or legal person, entity |
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