COUNCIL IMPLEMENTING REGULATION (EU) 2019/1891

of 11 November 2019

implementing Regulation (EU) 2017/2063 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,

Having regard to Council Regulation (EU) 2017/2063 of 13 November 2017 concerning restrictive measures in view of the situation in Venezuela (1), and in particular Article 17(1) thereof,

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

Whereas:

(1) On 13 November 2017, the Council adopted Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela.

(2) The Council underscored that the restrictive measures are gradual, targeted, flexible and reversible, do not affect the general population and aim at fostering a credible and meaningful process that can lead to a peaceful negotiated solution.

(3) In view of the continuing deterioration of the situation in Venezuela, on 22 January 2018 the Council adopted Implementing Regulation (EU) 2018/88 (2) which designated seven persons in the list of natural and legal persons, entities and bodies in Annex IV of Regulation (EU) 2017/2063.

(4) On 28 May 2018, the Council adopted conclusions which stated that the early presidential elections in Venezuela together with regional elections held on 20 May 2018 were neither free nor fair. The Union called for the holding of fresh presidential elections and stated that it would act swiftly with the aim of imposing additional targeted and reversible restrictive measures.

(5) On 25 June 2018, by way of follow‐up to the Council conclusions of 28 May 2018, the Council adopted Implementing Regulation (EU) 2018/899 (3) which designated eleven persons.

(6) On 25 October 2018, the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) issued a declaration on behalf of the Union which stated that the Union remained convinced that there can only be a democratic political and peaceful solution to the current crisis and underlined the Union’s commitment to use all its policy instruments to contribute to achieving such a solution.

(7) On 6 November 2018, in the context of the annual review of the restrictive measures in place in view of the situation in Venezuela, the Council adopted Implementing Regulation (EU) 2018/1653 (4) which amended the statement of reasons for one designated person.

(8) In January, February, March and April 2019, the High Representative issued declarations on behalf of the Union on the situation in Venezuela which underscored the readiness of the Union to continue to spare no efforts to achieve a reinstatement of democracy and the rule of law, to take further action and to react through appropriate measures to decisions and actions that further undermine democratic institutions and principles, the rule of law and respect for human rights.

(9) On 8 July 2019, the Council adopted Implementing Regulation (EU) 2019/1169 (5) which updated the statement of reasons for three listed persons.

(10) On 16 July 2019, the High Representative issued a declaration on behalf of the Union which stated that the report of the United Nations High Commissioner for Human Rights confirmed in a clear and detailed manner the extent and seriousness of the human rights violations, the erosion of the rule of law and the dismantlement of democratic institutions in Venezuela. The Union also indicated readiness to start work towards applying targeted measures for those members of the security forces involved in torture and other serious violations of human rights.

(11) On 26 September 2019, by way of follow‐up to the declaration of 16 July 2019 and in light of the continuing grave situation in Venezuela, the Council adopted Implementing Regulation (EU) 2019/1586 (6) which designated seven persons.

(12) In that context, and in accordance with Article 17(4) of Regulation (EU) 2017/2063, the Council has reviewed the restrictive measures in place in view of the situation in Venezuela.

(13) Considering the ongoing political, economic, social and humanitarian crisis in Venezuela and the persistent actions undermining democracy, the rule of law and respect for human rights, the Council decided to renew the restrictive measures in place, including all designations. These measures do not affect the general population and can be reversed in light of progress made towards the restoration of democracy, the rule of law and respect for human rights in Venezuela.

(14) Individual designations set out in Annex IV to Regulation (EU) 2017/2063 were reviewed and the information concerning eight persons should be amended.

(15) Annex IV to Regulation (EU) 2017/2063 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1 Annex IV to Regulation (EU) 2017/2063 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, 11 November 2019. For the Council The President F. MOGHERINI

(1) OJ L 295, 14.11.2017, p. 21.

(2) Council Implementing Regulation (EU) 2018/88 of 22 January 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela (OJ L 16 I, 22.1.2018, p. 6).

(3) Council Implementing Regulation (EU) 2018/899 of 25 June 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela (OJ L 160 I, 25.6.2018, p.5).

(4) Council Implementing Regulation (EU) 2018/1653 of 6 November 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela (OJ L 276, 7.11.2018, p. 1).

(5) Council Implementing Regulation (EU) 2019/1169 of 8 July 2019 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela (OJ L 183, 9.7.2019, p. 1).

(6) Council Implementing Regulation (EU) 2019/1586 of 26 September 2019 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela (OJ L 248, 27.9.2019, p. 1).