Council Common Position 2003/115/CFSP of 18 February 2003 amending and extending Common Position 2002/145/CFSP concerning restrictive measures against Zimbabwe
Date: 2003-02-18
Institutions: Council of the European Union
Subjects: Zimbabwe, economic sanctions, freedom of movement, international sanctions, market approval, military equipment

L 46/30

EN

Official Journal of the European Union

20.2.2003

(Acts adopted pursuant to Title V of the Treaty on European Union)

COUNCIL COMMON POSITION 2003/115/CFSP

of 18 February 2003

amending and extending Common Position 2002/145/CFSP concerning restrictive measures against
Zimbabwe

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in parti-
cular Article 15 thereof,

Whereas:

(1)

(2)

(3)

(4)

Common Position 2002/145/CFSP (1) expires on 18
February 2003.

There has been further degradation in the situation in
Zimbabwe, where the serious violations of human rights
and of the freedom of opinion, of association and of
peaceful assembly continue to occur.

Common Position 2002/145/CFSP should therefore be
extended for a further twelve months.

The implementation of the travel ban should be without
prejudice to cases where a Member State is bound by an
obligation of international law, or is host country of the
Organisation for Security and Cooperation in Europe
(OSCE),

HAS ADOPTED THIS COMMON POSITION:

Article 1

Article 3 of Common Position 2002/145/CFSP shall be
replaced by the following:

‘Article 3

1. Member States shall take the necessary measures to
prevent the entry into, or transit through, their territories
of the persons listed in the Annex, who are engaged in
activities that seriously undermine democracy, respect for
human rights and the rule of law in Zimbabwe.

Paragraph 1 will not oblige a Member State to refuse

2.
its own nationals entry into its territory.

3.
Paragraph 1 shall be without prejudice to the cases
where a Member State is bound by an obligation of inter-
national law, namely:

(i) as a host country of an international

intergovern-

mental organisation;

(ii) as a host country to an international conference
convened by, or under the auspices of, the United
Nations; or

(iii) under a multilateral agreement conferring privileges

and immunities.

The Council shall be duly informed in each of these cases.

4.
Paragraph 3 shall be considered as applying also in
cases where a Member State is host country of the Organi-
sation for Security and Cooperation in Europe (OSCE).

5. Member States may grant exemptions
from the
measures imposed in paragraph 1 where travel is justified
on the grounds of urgent humanitarian need, or on
grounds
intergovernmental meetings,
including those promoted by the European Union, where a
political dialogue is conducted that directly promotes
democracy, human rights and the rule of law in Zimbabwe.

attending

of

6.
A Member State wishing to grant exemptions referred
to in paragraph 5 shall notify the Council in writing. The
exemption will be deemed to be granted unless one or
more of the Council Members raises an objection in writing
within 48 hours of receiving notification of the proposed
exemption. In the event that one or more of the Council
members raises an objection, the Council, acting by a quali-
fied majority, may decide to grant the proposed exemption.

In cases where pursuant to paragraphs 3, 4, 5 and 6,
7.
a Member State authorises
transit
through, its territory of persons listed in the Annex, the
authorisation shall be limited to the purpose for which it is
given and to the persons concerned thereby.’

the entry into, or

Article 2

(1) OJ L 50, 21.2.2002, p. 1. Common Position as last amended by

Decision 2002/754/CFSP (OJ L 247, 14.9.2002, p. 56).

Common Position 2002/145/CFSP is hereby extended until 20
February 2004.

20.2.2003

EN

Official Journal of the European Union

L 46/31

This Common Position shall take effect on the date of its adoption.

Article 3

This Common Position shall be published in the Official Journal of the European Union.

Article 4

Done at Brussels, 18 February 2003.

For the Council

The President

N. CHRISTODOULAKIS