# IMMC.JOIN%282021%2912%20final%2F2.ENG.xhtml.1_EN_ACT_part1_v4.docx

european flagEUROPEAN COMMISSION Brussels, 14.6.2021 JOIN(2021) 12 final/2 - DOWNGRADED ON 9.2.2023 2021/0153(NLE) Joint Proposal for a COUNCIL REGULATION amending Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus
EXPLANATORY MEMORANDUM (1) Council Regulation (EC) No 765/2006 provides for the freezing of funds and economic resources of, and prohibits making funds or economic resources available to, persons, entities or bodies responsible for serious violations of human rights or the repression of civil society and democratic opposition, or whose activities otherwise seriously undermine democracy or the rule of law in Belarus or who benefit from or support the Lukashenka regime. It also prohibits the provision of technical assistance related to the goods and technology listed in the Common Military List of the European Union or related to the provision, manufacture, maintenance and use of such goods. It imposes a ban on the export of equipment which might be used for internal repression to any person, entity or body in Belarus or for use in Belarus, and prohibits the provision of related technical assistance, brokering services, financing or financial assistance. It further prohibits Belarusian air carriers from landing in, taking off from or overflying the territory of the Union. (2) Council Regulation (EC) No 765/2006 gives effect to the measures provided for in Decision 2012/642/CFSP. (3) Council Implementing Decision (CFSP) 2021/XXX introduces certain designations aimed at implementing the conclusions of the European Council of 24 and 25 May 2021 following the unlawful forced landing of an intra-EU Ryanair flight in Minsk, Belarus, on 23 May 2021. On..., the Council adopted Council Decision (CFSP) 2021/XXX amending Decision 2012/642/CFSP to introduce certain new derogations to the asset freeze and prohibition to make funds or economic resources available to listed persons or entities in order to avoid the unintended consequences of those new designations. Those derogations concern flights for humanitarian purposes, for the attendance of certain political meetings and emergency flights as well as air safety matters and need to be reflected in Regulation (EC) No 765/2006. (4) These amendments fall within the scope of the Treaty and, therefore, notably with a view to ensuring its uniform application in all Member States, regulatory action at the level of the Union is necessary. (5) The High Representative for Foreign Affairs and Security Policy and the Commission should therefore propose to amend Regulation (EC) No 765/2006 accordingly. 2021/0153 (NLE) Joint Proposal for a COUNCIL REGULATION amending Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof, Having regard to Council Decision 2012/642/CFSP of 15 October 2012 concerning restrictive measures in view of the situation in Belarus 1 , Having regard to the joint proposal of the High Representative of the Union for Foreign Affairs and Security Policy and of the European Commission, Whereas: (1) Council Regulation (EC) No 765/2006 2 provides for the freezing of funds and economic resources of, and prohibits making funds or economic resources available to, persons, entities or bodies responsible for serious violations of human rights or the repression of civil society and democratic opposition, or whose activities otherwise seriously undermine democracy or the rule of law in Belarus or who benefit from or support the Lukashenka regime. It also prohibits the provision of technical assistance related to the goods and technology listed in the Common Military List of the European Union or related to the provision, manufacture, maintenance and use of such goods. It imposes a ban on the export of equipment which might be used for internal repression to any person, entity or body in Belarus or for use in Belarus, and prohibits the provision of related technical assistance, brokering services, financing or financial assistance . It further prohibits Belarusian air carriers from landing in, taking off from or overflying the territory of the Union. (2) Council Regulation (EC) No 765/2006 gives effect to the measures provided for in Decision 2012/642/CFSP. (3) Council Implementing Decision (CFSP) 2021/XXX 3 introduces certain designations aimed at implementing the conclusions of the European Council of 24 and 25 May 2021 following the unlawful forced landing of an intra-EU Ryanair flight in Minsk, Belarus, on 23 May 2021. Council Decision (CFSP) 2021/XXX 4 amends Decision 2012/642/CFSP to introduce certain new derogations to the asset freeze and prohibition to make funds or economic resources available to listed persons or entities in order to avoid the unintended consequences of those new designations. Those derogations concern flights for humanitarian purposes, for the attendance of certain political meetings and emergency flights as well as air safety matters and need to be reflected in Regulation (EC) No 765/2006. (4) Regulation (EC) No 765/2006 should therefore be amended accordingly.
(5) In order to ensure that the measures provided for in this Regulation are effective, this Regulation should enter into force immediately, HAS ADOPTED THIS REGULATION: Article 1 In Article 3(1) of Regulation (EC) No 765/2006, the following points are added: ‘(d) intended exclusively for the payment of a charge necessary for one of the following: (i) the operation of flights, the sole purpose of which is humanitarian, such as delivering or facilitating the delivery of assistance, including medical supplies, food, the transfer of humanitarian workers and related assistance; (ii) the operation of flights required for attending political meetings with the objective of seeking a peaceful and democratic solution to the crisis in Belarus and/or that promote the policy objectives of the restrictive measures, or (iii) for an emergency landing, take-off or overflight by an EU air carrier; (e) necessary to deal with critical and clearly identified air safety matters and after prior consultation of the European Union Aviation Safety Agency.’ Article 2 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union . This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Council The President
(1) OJ L 285, 17.10.2012, p. 1.
(2) Council Regulation (EC) No 765/2006 of 18 May 2006 concerning restrictive measures in respect of Belarus (OJ L 134, 20.5.2006, p. 1).
(3) [ Please insert full reference. ]
(4) [ Please insert full reference. ]