EUROPEAN UNION (ZIMBABWE SANCTIONS) (AMENDMENT) ORDER 2017

Transcription

1 European Union (Zimbabwe Santions) (Amendment) Order 2017 Artile 1 Statutory Doument No. 2017/0163 European Communities (Isle of Man) At 1973 EUROPEAN UNION (ZIMBABWE SANCTIONS) (AMENDMENT) ORDER 2017 Approved by Tynwald: 16 May 2017 Coming into Operation in aordane with artile 2 The Counil of Ministers makes the following Order under setion 2A and 2C of the European Communities (Isle of Man) At Title This Order is the European Union (Zimbabwe Santions) (Amendment) Order Commenement This Order omes into operation immediately after it is made. 3 Appliation of EU Instrument Subjet to the modifiations set out in the Shedule, Counil Regulation (EU) No 2017/284 1 of 17 February 2017 amending Regulation (EC) No 314/ onerning ertain restritive measures in respet of Zimbabwe applies as part of the law of the Island. 1 OJ L 42, , p. 1 2 OJ L 55, , p. 1. Counil Regulation (EC) No 314/2004 was applied to the Island with modifiations by SD 316/04. An amendment to that Regulation by Counil Regulations (EU) 153/2014 and 2015/1919were applied to the Island with modifiations by SD 2014/0120 and SD 2015/0376 respetively. As it has effet in the Island, a referene in Counil Regulation (EC) No 314/2004 to any Annex to the Regulation is onstrued to be a referene to that Annex as amended from time to time. SD No.2017/0163 Page 1

2 Artile 3 European Union (Zimbabwe Santions) (Amendment) Order 2017 MADE 11:00 26 TH APRIL 2017 W GREENHOW Chief Seretary Page 2 SD No.2017/0163

3 European Union (Zimbabwe Santions) (Amendment) Order 2017 SCHEDULE SCHEDULE [Artile 3] LIST OF MODIFICATIONS TO THE APPLIED EU INSTRUMENT COUNCIL REGULATION (EU) No 2017/284 of 17 February 2017 amending Regulation (EC) No 314/2004 onerning ertain restritive measures in respet of Zimbabwe (1) Exept where otherwise provided below, referenes in the applied EU instrument to Member States and the Union shall be read as if the Island were itself a Member State, its territory were inluded within the Union territory and for the purposes of European Union law, were a separate ountry from the United Kingdom. (2) In the preamble the referene to the Union in High Representative of the Union for Foreign Affairs and Seurity Poliy does not inlude the Island. (3) In the Artile 1(1), in the inserted Artile 4a (a) (b) (4) Omit artile 2. in paragraph 2, omit the seond sentene; in paragraph 4, for shall inform the other Member States and the Commission substitute «may inform suh other Member States or the Commission as it onsiders appropriate». (5) After artile 2, omit the statement of appliation and effet. SD No.2017/0163 Page 3

4 Explanatory Note European Union (Zimbabwe Santions) (Amendment) Order 2017 EXPLANATORY NOTE (This note is not part of the Order) This Order applies the Counil Regulation (EU) No 2017/284, as amended by the Shedule to the Order, as part of the law of the Island. Counil Regulation (EU) No 2017/284 amends Counil Regulation (EC) 314/2004 to provide for a derogation from the prohibition on the sale, supply, transfer and export of equipment whih might be used for internal repression in order to enable the authorisation of ertain equipment, where appropriate, for the purposes of ivilian use in mining or infrastruture projets. A opy of Counil Regulation (EU) No 2017/284 as amended is attahed as an Annex but the Annex does not form part of the Order. Page 4 SD No.2017/0163

5 Annex COUNCIL REGULATION (EU) 2017/284 of 17 February 2017 amending Regulation (EC) No 314/2004 onerning ertain restritive measures in respet of Zimbabwe THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Funtioning of the European Union, and in partiular Artile 215 thereof, Having regard to Counil Deision (CFSP) 2017/288 amending Deision 2011/101/CFSP onerning restritive measures against Zimbabwe 1, Having regard to the joint proposal of the High Representative of the Union for Foreign Affairs and Seurity Poliy and of the European Commission, Whereas: (1) Counil Regulation (EC) No 314/ gives effet to Counil Deision 2011/101/CFSP 3 and provides for ertain measures direted against persons in Zimbabwe, inluding a freezing of their assets. (2) A derogation from the prohibition on the sale, supply, transfer and export of equipment whih might be used for internal repression should be introdued in order to enable the authorisation of ertain equipment, where appropriate, for the purposes of ivilian use in mining or infrastuture projets, following the adoption of Deision (CFSP) 2017/288. (3) Regulatory ation at the level of the Union is therefore neessary in order to give effet to Deision (CFSP) 2017/288, in partiular with a view to ensure uniform appliation by eonomi operators in all Member States. (4) Regulation (EC) No 314/2004 should therefore be amended aordingly, HAS ADOPTED THIS REGULATION: Artile 1 Regulation (EC) No 314/2004 is amended as follows: (1) the following Artile is inserted: Artile 4a 1. By way of derogation from Artile 3, the ompetent authority, as listed in Annex II, of the Member State where the exporter is established or the Member State where the explosive substanes or related equipment is supplied from, may authorise, under suh onditions as it deems appropriate, the sale, supply, transfer or export of explosive substanes and related equipment as listed in point 4 of Annex I and finanial and tehnial assistane, where the explosive substanes and related equipment are intended and will be used solely for ivilian use in mining and infrastruture projets. 2. The authorisation referred to in this Artile shall be granted in aordane with the detailed rules laid down in Artile 11 of Regulation (EC) No 428/2009. The authorisation shall be valid throughout the Union. 3. Exporters shall supply the ompetent authority with all relevant information required for the assessment of their appliation for an authorisation. 4. The relevant Member State shall inform the other Members States and the Commission may inform suh other Member States or the Commission as it onsiders appropriate at least two weeks in advane of its intention to grant an authorisation referred to in paragraph 1 of this Artile. ; (2) Annex I is replaed by the text appearing in the Annex to this Regulation. Artile 2 This Regulation shall enter into fore on the day following that of its publiation in the Offiial Journal of the European Union. This Regulation shall be binding in its entirety and diretly appliable in all Member States. Done at Brussels, 17 February For the Counil The President E. BARTOLO 1 OJ L 42, , p Counil Regulation (EC) No 314/2004 of 19 February 2004 onerning ertain restritive measures in respet of Zimbabwe (OJ L 55, , p. 1). 3 Counil Deision 2011/101/CFSP of 15 February 2011 onerning restritive measures against Zimbabwe (OJ L 42, , p. 6).

6 ANNEX ANNEX I List of equipment whih might be used for internal repression referred to in Artile 3 1. Fire-arms, ammunition and related aessories therefor, as follows: 1.1. Firearms not ontrolled by ML 1 and ML 2 of the EU Common Military List; 1.2. Ammunition speially designed for the firearms listed in 1.1 and speially designed omponents therefor; 1.3. Weapon-sights not ontrolled by the EU Common Military List. 2. Bombs and grenades not ontrolled by the EU Common Military List. 3. Vehiles as follows: 3.1. Vehiles equipped with a water annon, speially designed or modified for the purpose of riot ontrol; 3.2. Vehiles speially designed or modified to be eletrified to repel borders; 3.3. Vehiles speially designed or modified to remove barriades, inluding onstrution equipment with ballisti protetion; 3.4. Vehiles speially designed for the transport or transfer of prisoners and/or detainees; 3.5. Vehiles speially designed to deploy mobile barriers; 3.6. Components for the vehiles speified in 3.1 to 3.5 speially designed for the purposes of riot ontrol. Note 1: This item does not ontrol vehiles speially designed for the purposes of fire-fighting. Note 2: For the purposes of item 3.5 the term vehiles inludes trailers. 4. Explosive substanes and related equipment as follows: 4.1. Equipment and devies speially designed to initiate explosions by eletrial or noneletrial means, inluding firing sets, detonators, igniters, boosters and detonating ord, and speially designed omponents therefor; exept those speially designed for a speifi ommerial use onsisting of the atuation or operation by explosive means of other equipment or devies the funtion of whih is not the reation of explosions (e.g., ar air-bag inflaters, eletri-surge arresters of fire sprinkler atuators); 4.2. Linear utting explosive harges not ontrolled by the EU Common Military List; 4.3. Other explosives not ontrolled by the EU Common Military List and related substanes as follows: (a) amatol; (b) () (d) (e) (f) nitroellulose (ontaining more than 12,5 % nitrogen); nitroglyol; pentaerythritol tetranitrate (PETN); piryl hloride; 2,4,6-trinitrotoluene (TNT). 5. Protetive equipment not ontrolled by ML 13 of the EU Common Military List as follows: 5.1. Body armour providing ballisti and/or stabbing protetion; 5.2. Helmets providing ballisti and/or fragmentation protetion, anti-riot helmets, anti-riot shields and ballisti shields. Note: This item does not ontrol: equipment speially designed for sports ativities; equipment speially designed for safety of work requirements. 6. Simulators, other than those ontrolled by ML 14 of the EU Common Military List, for training in the use of firearms, and speially designed software therefor. 7. Night vision, thermal imaging equipment and image intensifier tubes, other than those ontrolled by the EU Common Military List. 8. Razor barbed wire. 9. Military knives, ombat knives and bayonets with blade lengths in exess of 10 m. 10. Prodution equipment speially designed for the items speified in this list. 11. Speifi tehnology for the development, prodution or use of the items speified in this list.