Council Decision (CFSP) 2020/1700Show full title

Council Decision (CFSP) 2020/1700

of 12 November 2020

amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 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 Decision (CFSP) 2017/2074(1), concerning restrictive measures in view of the situation in Venezuela.

(2) On 11 November 2019, the Council, 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, adopted Decision (CFSP) 2019/1893(2) which renewed the restrictive measures in place until 14 November 2020, including all designations.

(3) On 21 December 2019, the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) issued a declaration on behalf of the Union which mentioned that the decision of the Venezuelan Supreme Court and the non-recognised Constituent Assembly to strip four members of the National Assembly of their constitutionally granted parliamentary immunity was a serious violation of the constitutional provisions, the rule of law and the democratic principle of separation of powers. That declaration made clear that the Union will continue to monitor the situation and indicated the Union’s readiness to use its available instruments to promote democracy, the rule of law and human rights, including targeted measures that do not harm the Venezuelan people.

(4) On 9 January 2020, the High Representative issued a declaration on behalf of the Union which stated that recent acts against the only democratically elected body in Venezuela, the National Assembly, and many of its Members, including the President of the National Assembly, have further escalated the Venezuelan crisis and that the attempts to forcibly block a legitimate election process for the Board of Directors of the National Assembly on 5 January 2020 and the use of force against its President and several lawmakers to impede their access to the National Assembly were utterly unacceptable. That declaration also indicated that the voting session that led to the so-called election of Luis Parra was not legitimate as it did not respect the legal procedures, nor the democratic constitutional principles, and that the Members of the National Assembly must be able to exercise their parliamentary mandate as received from the Venezuelan people free of any intimidation or reprisal. Moreover, in light of these serious acts and decisions undermining democracy, the rule of law and human rights, that declaration underlined the Union’s commitment to starting work towards applying targeted measures against individuals involved in the violation of those principles and rights.

(5) On 4 June 2020, the High Representative issued a declaration on behalf of the Union on the latest developments in Venezuela, including the decision of the Venezuelan Supreme Court of 26 May 2020 ratifying Luis Parra as President of the National Assembly. That declaration underlined that the Union considers that the voting session that led to the so-called election of Luis Parra was not legitimate, as it did not respect legal procedure nor democratic constitutional principles. It also stated that the latest developments have further deepened the long-lasting institutional and political crisis in Venezuela and reduced the democratic and constitutional space in the country. That declaration reiterated the position of the Union that a sustainable way out of the Venezuelan crisis can only be achieved through a genuine and inclusive political process, and underlined that the Union rejects all types of violence, including any military or violent incursion in the country. In this context, the Union noted that the recent agreement between national actors on humanitarian assistance is a positive step and stressed the need for all sides to work together and constructively on alleviating the dramatic suffering of the Venezuelan people that is being aggravated by the COVID-19 pandemic.

(6) On 16 June 2020, the High Representative issued a declaration on behalf of the Union which underlined that free and fair legislative and presidential elections that respect international standards are key to overcome the crisis in Venezuela and that an independent and balanced Electoral Council (CNE) and a level playing field enabling the participation of political parties and candidates is a cornerstone for a credible electoral process. Moreover, the EU called on the Government and opposition to engage in meaningful and inclusive negotiations regarding the constitution of the CNE and the lifting of bans on opposition parties.

(7) On 29 June 2020, in view of the continuing grave situation in Venezuela, the Council adopted Decision (CFSP) 2020/898(3), which subjected eleven persons to restrictive measures.

(8) In this context, in accordance with Article 13 of Decision (CFSP) 2017/2074, the Council has reviewed the restrictive measures in place and has concluded that the restrictive measures, including all designations, should be renewed until 14 November 2021. 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.

(9) Individual designations set out in Annex I to Decision (CFSP) 2017/2074 were reviewed and the statement of reasons for fourteen persons should be updated and the family names of all listed persons should be capitalised.

(10) Decision (CFSP) 2017/2074 should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

(1)

Council Decision (CFSP) 2017/2074 of 13 November 2017 concerning restrictive measures in view of the situation in Venezuela (OJ L 295, 14.11.2017, p. 60).

(2)

Council Decision (CFSP) 2019/1893 of 11 November 2019 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela (OJ L 291, 12.11.2019, p. 42).

(3)

Council Decision (CFSP) 2020/898 of 29 June 2020 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela (OJ L 205I, 29.6.2020, p. 6).