Nařízení Rady (EU) 2026/384 ze dne 17. února 2026, kterým se mění nařízení (ES) č. 314/2004 o omezujících opatřeních vzhledem k situaci v Zimbabwe

THE COUNCIL OF THE EUROPEAN UNION,

Article 11 Article 11

Article 12 Article 12 1.Member States shall lay down the rules on penalties, including as appropriate criminal penalties, applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall also provide for appropriate measures to allow for the confiscation of the proceeds of such infringements. 2.Member States shall notify the Commission of the rules referred to in paragraph 1 without delay after the entry into force of this Regulation and shall notify it of any subsequent amendment to those rules.

Article 2 Article 2

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,

Having regard to Council Decision (CFSP) 2026/383 of 17 February 2026 amending Decision 2011/101/CFSP concerning restrictive measures in view of the situation in ZimbabweOJ L, 2026/383, 18.2.2026, ELI: http://data.europa.eu/eli/dec/2026/383/oj. ,

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

OJ L, 2026/383, 18.2.2026, ELI: http://data.europa.eu/eli/dec/2026/383/oj.

(1) Council Regulation (EC) No 314/2004Council Regulation (EC) No 314/2004 of 19 February 2004 concerning restrictive measures in view of the situation in Zimbabwe (OJ L 55, 24.2.2004, p. 1 , ELI: http://data.europa.eu/eli/reg/2004/314/oj). gives effect to several measures provided for by Council Decision 2011/101/CFSPCouncil Decision 2011/101/CFSP of 15 February 2011 concerning restrictive measures in view of the situation in Zimbabwe (OJ L 42, 16.2.2011, p. 6 , ELI: http://data.europa.eu/eli/dec/2011/101(1)/oj). .

(2) On 17 February 2026 , the Council adopted Decision (CFSP) 2026/383 removing the provisions on the travel ban and the freezing of assets, as well as the related prohibition on making funds or economic resources available, and amending the title of Decision 2011/101/CFSP to reflect the fact that the framework only includes an arms embargo.

(3) The measures provided for in Decision 2011/101/CFSP fall within the scope of the Treaty on the Functioning of the European Union. Regulatory action at Union level is therefore necessary to give effect to Decision 2011/101/CFSP as amended by Decision (CFSP) 2026/383, in particular with a view to ensuring uniform application in all Member States.

(4) Regulation (EC) No 314/2004 should therefore be amended accordingly,

It shall be prohibited to sell, supply, transfer or export, directly or indirectly, the goods and technology listed in the Common Military List of the European UnionLatest version published in OJ C, C/2025/1499, 6.3.2025, ELI: http://data.europa.eu/eli/C/2025/1499/oj. (the Common Military List), as well as firearms, their parts and essential components, and ammunition as defined in Regulation (EU) No 258/2012 of the European Parliament and of the CouncilRegulation (EU) No 258/2012 of the European Parliament and of the Council of 14 March 2012 implementing Article 10 of the United Nations’ Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol), and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition (OJ L 94, 30.3.2012, p. 1 , ELI: http://data.europa.eu/eli/reg/2012/258/oj).; , whether originating in the Union or not, to any natural or legal person, entity or body in Zimbabwe or for use in Zimbabwe.

It shall be prohibited:

(a) to grant, sell, supply or transfer, directly or indirectly, technical assistance related to military activities or to the provision, manufacture, maintenance and use of the items referred to in paragraph 1 to any person, entity or body in Zimbabwe or for use in Zimbabwe;

(b) to provide, directly or indirectly, financing or financial assistance related to military activities or for the sale, supply, transfer or export of the items referred to in paragraph 1 to any person, entity or body in Zimbabwe or for use in Zimbabwe;

(c) to participate, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to promote the transactions referred to in point (a) or (b).

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union .

Council Regulation (EC) No 314/2004 of 19 February 2004 concerning restrictive measures in view of the situation in Zimbabwe (OJ L 55, 24.2.2004, p. 1 , ELI: http://data.europa.eu/eli/reg/2004/314/oj).

Article 2 Article 2 1.It shall be prohibited to sell, supply, transfer or export, directly or indirectly, the goods and technology listed in the Common Military List of the European UnionLatest version published in OJ C, C/2025/1499, 6.3.2025, ELI: http://data.europa.eu/eli/C/2025/1499/oj. (the Common Military List), as well as firearms, their parts and essential components, and ammunition as defined in Regulation (EU) No 258/2012 of the European Parliament and of the CouncilRegulation (EU) No 258/2012 of the European Parliament and of the Council of 14 March 2012 implementing Article 10 of the United Nations’ Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol), and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition (OJ L 94, 30.3.2012, p. 1 , ELI: http://data.europa.eu/eli/reg/2012/258/oj).; , whether originating in the Union or not, to any natural or legal person, entity or body in Zimbabwe or for use in Zimbabwe. 2.It shall be prohibited: (a) to grant, sell, supply or transfer, directly or indirectly, technical assistance related to military activities or to the provision, manufacture, maintenance and use of the items referred to in paragraph 1 to any person, entity or body in Zimbabwe or for use in Zimbabwe;(b) to provide, directly or indirectly, financing or financial assistance related to military activities or for the sale, supply, transfer or export of the items referred to in paragraph 1 to any person, entity or body in Zimbabwe or for use in Zimbabwe;(c) to participate, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to promote the transactions referred to in point (a) or (b).

Article 3 Article 3

Article 5 Article 5

Article 10 Article 10 1.The Commission and Member States shall inform each other of the measures taken under this Regulation and shall share any other relevant information at their disposal in connection with this Regulation, in particular information in respect of: (a) authorisations granted under the derogations set out in this Regulation; and(b) violation and enforcement problems and judgments handed down by national courts. 2.The Member States shall immediately inform each other and the Commission of any other relevant information at their disposal which might affect the effective implementation of this Regulation.

Article 10a Article 10a 1.Member States shall designate the competent authorities referred to in this Regulation and identify them on the websites listed in Annex II. Member States shall notify the Commission of any changes in the addresses of their websites listed in Annex II. 2.Member States shall notify the Commission of their competent authorities, including the contact details of those competent authorities, without delay after the entry into force of this Regulation, and shall notify it of any subsequent amendment to the contact details of those competent authorities. 3.Where this Regulation sets out a requirement to notify, inform or otherwise communicate with the Commission, the address and other contact details to be used for such communication shall be those indicated in Annex II.

Article 10b Article 10b

Article 13 Article 13

It shall be prohibited:

(a) to, knowingly and intentionally, sell, supply, transfer or export, directly or indirectly, equipment which might be used for internal repression as listed in Annex I, whether originating in the Union or not, to any natural or legal person, entity or body in Zimbabwe or for use in Zimbabwe;

(b) to grant, sell, supply or transfer, directly or indirectly, technical assistance related to the equipment referred to in point (a) to any natural or legal person, entity or body in Zimbabwe or for use in Zimbabwe;

(c) to provide, directly or indirectly, financing or financial assistance related to the equipment referred to in point (a) to any natural or legal person, entity or body in Zimbabwe or for use in Zimbabwe; or

(d) to participate, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to promote the transactions referred to in point (a), (b) or (c).

Council Decision 2011/101/CFSP of 15 February 2011 concerning restrictive measures in view of the situation in Zimbabwe (OJ L 42, 16.2.2011, p. 6 , ELI: http://data.europa.eu/eli/dec/2011/101(1)/oj).

Latest version published in OJ C, C/2025/1499, 6.3.2025, ELI: http://data.europa.eu/eli/C/2025/1499/oj.

Articles 2 and 3 shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to Zimbabwe by United Nations personnel, personnel of the European Union or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.

Regulation (EU) No 258/2012 of the European Parliament and of the Council of 14 March 2012 implementing Article 10 of the United Nations’ Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol), and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition (OJ L 94, 30.3.2012, p. 1 , ELI: http://data.europa.eu/eli/reg/2012/258/oj).;

The Commission and Member States shall inform each other of the measures taken under this Regulation and shall share any other relevant information at their disposal in connection with this Regulation, in particular information in respect of:

(a) authorisations granted under the derogations set out in this Regulation; and

(b) violation and enforcement problems and judgments handed down by national courts.

The Member States shall immediately inform each other and the Commission of any other relevant information at their disposal which might affect the effective implementation of this Regulation.

Member States shall designate the competent authorities referred to in this Regulation and identify them on the websites listed in Annex II. Member States shall notify the Commission of any changes in the addresses of their websites listed in Annex II.

Member States shall notify the Commission of their competent authorities, including the contact details of those competent authorities, without delay after the entry into force of this Regulation, and shall notify it of any subsequent amendment to the contact details of those competent authorities.

Where this Regulation sets out a requirement to notify, inform or otherwise communicate with the Commission, the address and other contact details to be used for such communication shall be those indicated in Annex II.

The Commission shall be empowered to amend Annex II on the basis of information supplied by Member States.

Any information provided or received in accordance with this Regulation shall be used only for the purposes for which it was provided or received.

Member States shall lay down the rules on penalties, including as appropriate criminal penalties, applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall also provide for appropriate measures to allow for the confiscation of the proceeds of such infringements.

Member States shall notify the Commission of the rules referred to in paragraph 1 without delay after the entry into force of this Regulation and shall notify it of any subsequent amendment to those rules.

This Regulation shall apply:

(a) within the territory of the Union;

(b) on board any aircraft or vessel under the jurisdiction of a Member State;

(c) to any natural person inside or outside the territory of the Union who is a national of a Member State;

(d) to any legal person, entity or body, inside or outside the territory of the Union, which is incorporated or constituted under the law of a Member State; and

(e) to any legal person, entity or body in respect of any business done in whole or in part within the Union.

HAS ADOPTED THIS REGULATION: