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Council Decision (CFSP) 2018/90 of 22 January 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela

In forceVersion 2018-01-22
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Contents
  1. Preamble
    1. Article 1
    2. Article 2
  3. ANNEX
  4. ANNEX

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to Council Decision (CFSP) 2017/2074 of 13 November 2017 concerning restrictive measures in view of the situation in Venezuela,

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.

(2) On 13 November 2017 the Council adopted conclusions on Venezuela, reaffirming that constructive dialogue and negotiation are the only sustainable way to address the current crisis and to respond to the pressing needs of the people of Venezuela.

(3) The Council, underscoring its concerns with regard to the situation in the country, adopted restrictive measures and noted that those measures would be used in a gradual and flexible manner and could be expanded, by targeting those involved in the non-respect of democratic principles or the rule of law and the violation of human rights.

(4) In view of the continuing deterioration of the situation in Venezuela, seven persons should be included in the list of natural and legal persons, entities and bodies subject to restrictive measures in Annex I to Decision (CFSP) 2017/2074.

(5) Annex I to Decision (CFSP) 2017/2074 should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Annex I to Decision (CFSP) 2017/2074 is amended as set out in the Annex to this Decision.

Article 2

This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

Done at Brussels, 22 January 2018. For the Council The President F. Mogherini

ANNEX

ANNEX

The following persons are added to the list of persons and entities set out in Annex I to Decision (CFSP) 2017/2074: Name Identifying information Reasons Date of listing 1. Néstor Luis Reverol Torres Date of birth: 28 October 1964 Minister for Interior, Justice and Peace; former Commander General of the Bolivarian National Guard. Responsible for serious human rights violations and repression of the democratic opposition in Venezuela, including the prohibition and repression of political demonstrations. 22.1.2018 2. Gustavo Enrique González López Date of birth: 2 November 1960 Head of the Bolivarian National Intelligence Service (SEBIN). Responsible for serious human rights violations (including arbitrary detention, inhuman and degrading treatment, and torture) and repression of civil society and the democratic opposition in Venezuela. 22.1.2018 3. Tibisay Lucena Ramírez Date of birth: 26 April 1959 President of the National Electoral Council (Consejo Nacional Electoral – CNE). Her actions and policies have undermined democracy and the rule of law in Venezuela, including by facilitating the establishment of the Constituent Assembly by failing to ensure that the CNE remains an impartial and independent institution in accordance with the Venezuelan Constitution. 22.1.2018 4. Antonio José Benavides Torres Date of birth: 13 June 1961 Chief of the Capital District (Distrito Capital) Government. General Commander of the Bolivarian National Guard until 21 June 2017. Involved in repression of civil society and democratic opposition in Venezuela, and responsible for serious human rights violations committed by the Bolivarian National Guard under his command. His actions and policies as General Commander of the Bolivarian National Guard, including the Bolivarian National Guard taking the lead in the policing of civilian demonstrations and publicly advocating that military courts should have jurisdiction over civilians, have undermined the rule of law in Venezuela. 22.1.2018 5. Maikel José Moreno Pérez Date of birth: 12 December 1965 President, and former Vice President, of the Supreme Court of Justice of Venezuela (Tribunal Supremo de Justicia). In these roles, he has supported and facilitated the Government's actions and policies which have undermined democracy and the rule of law in Venezuela, and is responsible for actions and statements that have usurped the authority of the National Assembly. 22.1.2018 6. Tarek William Saab Halabi Date of birth: 10 September 1963 Venezuelan Attorney General appointed by the Constituent Assembly. In this role and previous roles as Ombudsman and President of the Republican Moral Council, he has undermined democracy and the rule of law in Venezuela by publicly supporting actions against opponents of the Government and the withdrawal of competences from the National Assembly. 22.1.2018 7. Diosdado Cabello Rondón Date of birth: 15 April 1963 Member of the Constituent Assembly and First Vice President of the United Socialist Party of Venezuela (PSUV). Involved in undermining democracy and the rule of law in Venezuela, including by using the media to publicly attack and threaten political opposition, other media and civil society. 22.1.2018

Versions

  1. 2018-01-22

Cited by

  • Council Decision (CFSP) 2019/1893 of 11 November 2019 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela Decision · Grade B
    In view of the continuing deterioration of the situation in Venezuela, on 22 January 2018 the Council adopted Decision (CFSP) 2018/90 which designated seven persons in the list of natural and legal persons, entities and bodies in Annex I of Decision (CFSP) 2017/2074.
  • Judgment of the General Court of 14 July 2021 — Moreno Pérez v Council (Case T-246/18) Notice · Grade B
    Common foreign and security policyRestrictive measures taken with regard to the situation in VenezuelaFreezing of fundsLists of persons, entities and bodies covered by the freezing of funds and economic resourcesInclusion of the applicant’s name on the listsRetention of the applicant’s name on the listsObligation to state reasonsRights of the defencePrinciple of sound administrationRight to effective judicial protectionError of assessment2021/C 349/32Language of the case: English Applicant: Maikel José Moreno Pérez (Caracas, Venezuela) (represented by: L. Giuliano and F. Di Gianni, lawyers) De
  • Action brought on 16 April 2018 — Moreno Pérez v Council (Case T-246/18) Notice · Grade B
    annul Council Decision (CFSP) 2018/90 of 22 January 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela and Council Implementing Regulation (EU) 2018/88 of 22 January 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela, in so far as their provisions concern the applicant; and
  • Judgment of the General Court of 14 July 2021 — Benavides Torres v Council (Case T-245/18) Notice · Grade B
    Common foreign and security policyRestrictive measures taken in view of the situation in VenezuelaFreezing of fundsLists of persons, entities and bodies subject to the freezing of funds and economic resourcesInclusion of the applicant’s name on the listsObligation to state reasonsRights of the defencePrinciple of sound administrationRight to effective judicial protectionError of assessment2021/C 349/31Language of the case: English Applicant: Antonio José Benavides Torres (Caracas, Venezuela) (represented by: L. Giuliano and F. Di Gianni, lawyers) Defendant: Council of the European Union (repre
  • Action brought on 16 April 2018 — Cabello Rondón v Conseil (Case T-248/18) Notice · Grade B
    annul Council Decision (CFSP) 2018/90 of 22 January 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela and Council Implementing Regulation (EU) 2018/88 of 22 January 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela, in so far as their provisions concern the applicant; and
  • Action brought on 16 April 2018 — Saab Halabi v Council (Case T-249/18) Notice · Grade B
    annul Council Decision (CFSP) 2018/90 of 22 January 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela and Council Implementing Regulation (EU) 2018/88 of 22 January 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela, in so far as their provisions concern the applicant; and
  • Action brought on 16 April 2018 — Lucena Ramírez v Council (Case T-247/18) Notice · Grade B
    annul Council Decision (CFSP) 2018/90 of 22 January 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela and Council Implementing Regulation (EU) 2018/88 of 22 January 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela, in so far as their provisions concern the Applicant; and
  • Judgment of the General Court (Seventh Chamber) of 14 July 2021 –Lucena Ramírez v Council (Case T‑247/18) Judgment · Grade B
    Acts of the institutionsStatement of reasonsObligationScopeRestrictive measures taken in view of the situation in VenezuelaFreezing of funds of persons responsible for serious violations of human rights or undermining the rule of lawMinimum requirements (Art. 296 TFEU; Charter of Fundamental Rights of the European Union, Art. 41(2)(c); Council Decision (CFSP) 2017/2074, as amended by Decision (CFSP) 2018/90, Annex I; Council Regulations No 2017/2063, Annex IV and No 2018/88) (see paras 41-44)
  • Judgment of the General Court (Seventh Chamber) of 14 July 2021 –Lucena Ramírez v Council (Case T‑247/18) Judgment · Grade B
    Common foreign and security policyRestrictive measures taken in view of the situation in VenezuelaFreezing of funds of persons responsible for serious violations of human rights or undermining the rule of lawObligation to identify in the statement of reasons individual and specific reasons justifying such measuresDecision adopted in a context which was known to that person enabling him to understand the scope of the measure concerning him (Art. 296 TFEU; Council Decision (CFSP) 2017/2074, as amended by Decision (CFSP) 2018/90, Arts 6(1) and 7(1) and Annex I; Council Regulations No 2017/2063, A
  • Judgment of the General Court (Seventh Chamber) of 14 July 2021 –Lucena Ramírez v Council (Case T‑247/18) Judgment · Grade B
    EU lawPrinciplesRights of the defenceRight to effective judicial protectionRestrictive measures taken in view of the situation in VenezuelaFreezing of funds of persons responsible for serious violations of human rights or undermining the rule of lawDuties of the CouncilCommunication to the person concerned of inculpatory evidence and the right to be heardDuty to act within a reasonable time (Charter of Fundamental Rights of the European Union, Arts 41(2)(a) and 47; Council Decision (CFSP) 2017/2074, as amended by Decision (CFSP) 2018/90, Annex I; Council Regulations No 2017/2063, Annex IV and
  • Judgment of the General Court (Seventh Chamber) of 14 July 2021 –Lucena Ramírez v Council (Case T‑247/18) Judgment · Grade B
    Re: Application based on Article 263 TFEU and seeking annulment, first, of Council Decision (CFSP) 2018/90 of 22 January 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 16 I, p. 14) and of Council Decision (CFSP) 2018/1656 of 6 November 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 276, p. 10) and, secondly, of Council Implementing Regulation (EU) 2018/88 of 22 January 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in v
  • Judgment of the General Court of 14 July 2021 — Saab Halabi v Council (Case T-249/18) Notice · Grade B
    Common foreign and security policyRestrictive measures taken in view of the situation in VenezuelaFreezing of fundsLists of persons, entities and bodies covered by the freezing of funds and economic resourcesInclusion of the applicant’s name on the listsRetention of the applicant’s name on the listsObligation to state reasonsRights of the defencePrinciple of sound administrationRight to effective judicial protectionError of assessment2021/C 349/35Language of the case: English Applicant: Tarek William Saab Halabi (Caracas, Venezuela) (represented by: L. Giuliano and F. Di Gianni, lawyers) Defen
  • Judgment of the General Court (Seventh Chamber) 14 July 2021 Judgment · Grade B
    It is in that context that the applicant’s name was included in the lists at issue, by Decision 2018/90 and Implementing Regulation 2018/88, on the grounds that he held the position of Chief of the Capital District Government and had held the position of General Commander of the Bolivarian National Guard until 21 June 2017 and he was involved in the repression of Venezuelan civil society and democratic opposition, that he was responsible for serious human rights violations committed under his command by the Bolivarian National Guard, and that his actions and policies as General of the Bolivari
  • Judgment of the General Court (Seventh Chamber) 14 July 2021 Judgment · Grade B
    In Case T‑248/18, Diosdado Cabello Rondón, residing in Caracas (Venezuela), represented by L. Giuliano and F. Di Gianni, lawyers, applicant,v Council of the European Union, represented by S. Kyriakopoulou, P. Mahnič, V. Piessevaux and A. Antoniadis, acting as Agents, defendant, APPLICATION based on Article 263 TFEU and seeking annulment, first, of Council Decision (CFSP) 2018/90 of 22 January 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 16 I, p. 14) and of Council Decision (CFSP) 2018/1656 of 6 November 2018 amending D
  • Judgment of the General Court (Seventh Chamber) of 14 July 2021 –Benavides Torres v Council (Case T‑245/18) Judgment · Grade B
    Acts of the institutionsStatement of reasonsObligationScopeRestrictive measures taken in view of the situation in VenezuelaFreezing of funds of persons responsible for serious violations of human rights or undermining the rule of lawMinimum requirements (Art. 296 TFEU; Charter of Fundamental Rights of the European Union, Art. 41(2)(c); Council Decision (CFSP) 2017/2074, as amended by Decision (CFSP) 2018/90, Annex I; Council Regulations No 2017/2063, Annex IV and No 2018/88) (see paras 32-35)
  • Judgment of the General Court (Seventh Chamber) of 14 July 2021 –Benavides Torres v Council (Case T‑245/18) Judgment · Grade B
    Common foreign and security policyRestrictive measures taken in view of the situation in VenezuelaFreezing of funds of persons responsible for serious violations of human rights or undermining the rule of lawObligation to identify in the statement of reasons individual and specific reasons justifying such measuresDecision adopted in a context which was known to that person enabling him to understand the scope of the measure concerning him (Art. 296 TFEU, Council Decision (CFSP) 2017/2074, as amended by Decision (CFSP) 2018/90, Arts 6(1) and 7(1), and Annex I; Council Regulations No 2017/2063,
  • Judgment of the General Court (Seventh Chamber) of 14 July 2021 –Benavides Torres v Council (Case T‑245/18) Judgment · Grade B
    EU lawPrinciplesRights of the defenceRight to effective judicial protectionRestrictive measures taken in view of the situation in VenezuelaFreezing of funds of persons responsible for serious violations of human rights or undermining the rule of lawDuties of the CouncilCommunication to the person concerned of inculpatory evidence and the right to be heardDuty to act within a reasonable time (Charter of Fundamental Rights of the European Union, Arts 41(2)(a) and 47; Council Decision (CFSP) 2018/90; Council Regulation 2018/88) (see paras 47-50, 52)
  • Judgment of the General Court (Seventh Chamber) of 14 July 2021 –Benavides Torres v Council (Case T‑245/18) Judgment · Grade B
    European UnionJudicial review of the legality of the acts of the institutionsRestrictive measures taken in view of the situation in VenezuelaScope of the reviewProof that the measure is well foundedObligation on the competent EU authority to establish, in the event of challenge, that the grounds held against the persons or entities concerned are well founded (Charter of Fundamental Rights of the European Union, Art. 47; Council Decision (CFSP) 2017/2074, as amended by Decision (CFSP) 2018/90, Annex I; Council Regulations No 2017/2063, Annex IV and No 2018/88) (see paras 63-66, 68)
  • Judgment of the General Court (Seventh Chamber) of 14 July 2021 –Benavides Torres v Council (Case T‑245/18) Judgment · Grade B
    European UnionJudicial review of the legality of the acts of the institutionsRestrictive measures taken in view of the situation in VenezuelaScope of the reviewInclusion of persons involved in serious human rights violations and undermining democracy and the rule of lawPublicly available documentsProbative value (Council Decision (CFSP) 2017/2074, as amended by Decision (CFSP) 2018/90, Annex I; Council Regulations No 2017/2063, Annex IV, and No 2018/88) (see para. 67)
  • Judgment of the General Court (Seventh Chamber) of 14 July 2021 –Benavides Torres v Council (Case T‑245/18) Judgment · Grade B
    Common foreign and security policyRestrictive measures taken in view of the situation in VenezuelaFreezing of funds of persons responsible for serious violations of human rights or undermining the rule of lawCriteriaRoles conferring responsibility for the repression of the civil population or compliance with the rule of lawEvidence to the contraryPosition in respect of disassociation from the regimeNoneError of assessmentAbsence (Council Decision (CFSP) 2017/2074, as amended by Decision (CFSP) 2018/90, Arts 6(1) and 7(1), and Annex I; Council Regulations No 2017/2063, Annex IV, and No 2018/88)