Council Common Position 2008/632/CFSP of 31 July 2008 amending Common Position 2004/161/CFSP renewing restrictive measures against Zimbabwe
Date: 2008-07-31
Institutions: Council of the European Union
Subjects: EU Member State, Zimbabwe, derogation from EU law, economic sanctions, government violence, human rights, presidential election, restriction of liberty

1.8.2008

EN

Official Journal of the European Union

L 205/53

III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

COUNCIL COMMON POSITION 2008/632/CFSP

of 31 July 2008

amending Common Position 2004/161/CFSP renewing restrictive measures against Zimbabwe

THE COUNCIL OF THE EUROPEAN UNION,

1. Article 4(1) shall be replaced by the following:

Having regard to the Treaty on European Union, and in
particular Article 15 thereof,

Whereas:

(1)

(2)

(3)

By Common Position 2004/161/CFSP (1),
the Council
renewed
Zimbabwe,
against
restrictive measures
intended in particular to encourage the persons targeted
to reject policies that lead to the suppression of human
rights, of freedom of expression and of good governance.

Following the violence organised and committed by the
Zimbabwean authorities during the presidential election
campaign in 2008, which turned the election into a
denial of democracy, the Council has decided to add
certain persons and entities to the list in the Annex to
Common Position 2004/161/CFSP, by adopting Decision
2008/605/CFSP on 22 July 2008.

The restrictive measures regarding prohibition of
the
entry into, or transit through, Member States' territory
the individuals listed in the Annex to Common
of
Position 2004/161/CFSP should also be made more
stringent,

‘1. Member States shall take the measures necessary to
prevent the entry into, or transit through, their territories
of members of
the Government of Zimbabwe and of
physical persons associated with them, as well as of other
seriously undermine
physical persons whose
democracy, respect for human rights and the rule of law
in Zimbabwe. The individuals referred to in this paragraph
are listed in the Annex.’;

activities

2. the following point shall be added to Article 4(3):

‘(d) pursuant to the 1929 Treaty of Conciliation (Lateran
Pact) concluded by the Holy See (Vatican City State)
and Italy.’;

3. Article 4(5) and (6) shall be replaced by the following:

HAS ADOPTED THIS COMMON POSITION:

Article 1

Common Position 2004/161/CFSP is amended as follows:

(1) OJ L 50, 20.2.2004, p. 66. Common Position as last amended by

Decision 2008/605/CFSP (OJ L 194, 23.7.2008, p. 34).

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

L 205/54

EN

Official Journal of the European Union

1.8.2008

Any Member State wishing to grant exemptions
6.
referred to in paragraph 5 shall notify the Council
in
writing. The exemption shall be deemed to be granted
unless one or more of
the Council members raise an
objection in writing within 48 hours of receiving notification
of the proposed exemption. Should one or more of the
Council members raise an objection, the exemption shall
not be granted, save where a Member State wishes to
grant it on urgent and imperative humanitarian grounds.
In that event, the Council, acting by a qualified majority,
may decide to grant the proposed exemption.’;

4. Article 4(7) shall be replaced by the following:

In cases where, pursuant

‘7
to paragraphs 3 to 6, a
Member State authorises the entry into, or transit through,
its territory of persons listed in the Annex, the authorisation
shall be strictly limited to the purpose for which it is given
and to the persons directly concerned thereby.’;

5. Article 5(1) shall be replaced by the following:

‘1.
All funds and economic resources belonging to indi­
vidual members of the Government of Zimbabwe or to any

natural or legal persons, entities or bodies associated with
them, or belonging to any other natural or legal persons
whose activities seriously undermine democracy, respect for
human rights and the rule of law in Zimbabwe, shall be
referred to in this
and entities
frozen. The persons
paragraph are listed in the Annex.’

Article 2

This Common Position shall
adoption.

take effect on the date of

its

Article 3

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

Done at Brussels, 31 July 2008.

For the Council
The President

B. KOUCHNER