# EUR-Lex - 52011PC0026 - EN

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# 52011PC0026

**Joint proposal for a COUNCIL REGULATION amending Regulation (EC) No 765/2006 concerning restrictive measures against President Lukashenko and certain officials of Belarus /* COM/2011/0026 final - NLE 2011/0009 */**

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EN

|| EUROPEAN COMMISSION || HIGH REPRESENTATIVE OF THE EUROPEAN UNION FOR FOREIGN AFFAIRS AND SECURITY POLICY

Brussels, 24.1.2011

COM(2011) 26 final

2011/0009 (NLE)

Joint proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 765/2006
concerning restrictive measures against President Lukashenko and certain
officials of Belarus

EXPLANATORY MEMORANDUM

(1)
Council Decision 2010/639/CFSP of 25 October
2010 provides for the application of restrictive measures against, among
others, persons responsible for the violations of international electoral
standards in the presidential elections in Belarus on 19 March 2006, and the
related crackdown on civil society and democratic opposition.

(2)
Following similar problems with the 19 December
presidential elections, the High Representative of the EU for Foreign Affairs
and Security Policy and the Commission propose to freeze the funds and economic
resources of the persons responsible for the violations of international
electoral standards and for the related crackdown on civil society and
democratic opposition, and of those natural or legal persons, entities and
bodies associated with them. This should be done by means of a Regulation based
on Article 215 of the Treaty on the Functioning of the European Union (TFEU). To
that end it is proposed to amend Council Regulation (EC) No 765/2006 concerning
restrictive mesaures against President Lukakshenko and certain officials of
Belarus.

(3)
Article 291(2) TFEU provides that, where uniform
conditions for implementing legally binding Union acts such as Regulations
based on Article 215 TFEU are needed, those acts shall confer implementing
powers on the Commission or, in duly justified specific cases, on the Council.

(4)
The CFSP Decision provides for the Council to
make available a statement of reasons to a listed individual, entity or body,
for the opportunity to respond, and for a review procedure to be followed, when
a natural or legal person, entity or body included in the Annexes to that
Decision submits observations or when new evidence is presented. This is with a
view to ensuring respect, in particular, for the rights of the defence and the
right to judicial review. These rights should also be respected by the
Regulation.

(5)
The Court of Justice has jurisdiction to review
the decisions to designate a natural or legal person, entity or body pursuant
to both the CFSP Decision and the Regulation in accordance with Article 275 and
263 TFEU, respectively.

2011/0009 (NLE)

Joint proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 765/2006
concerning restrictive measures against President Lukashenko and certain
officials 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(1) thereof,

Having regard to Council Decision 2010/639/CFSP
of 25 October 2010 concerning restrictive measures against certain officials of
Belarus[1] as amended by Council
Decision 2011/.../CFSP of ... 2011[2],

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

After consulting the European Data
Protection Supervisor,

Whereas:

(1)
Council Decision 2010/639/CFSP as amended provides
for the freezing of funds and economic resources of, inter alia, the persons
who are responsible for the violations of international electoral standards in
the presidential elections in Belarus on 19 December 2010, and the crackdown on
civil society and democratic opposition, as well as of those natural or legal
persons, entities of bodies associated with them.

(2)
These measures fall within the scope of the
Treaty on the Functioning of the European Union and, therefore, notably with a
view to ensuring their uniform application by economic operators in all Member
States, regulatory action at the level of the Union is necessary in order to
implement them.

(3)
This Regulation respects the fundamental rights
and observes the principles recognised in particular by the Charter of
Fundamental Rights of the European Union and notably the right to an effective
remedy and to a fair trial and the right to the protection of personal data.
This Regulation should be applied in accordance with those rights and
principles.

(4)
Council Decision 2010/639/CFSP requires the communication
of the decision, including the grounds for listing, to a listed person, entity
or body, and provides for the opportunity to respond, and for a review
procedure to be followed, when a natural or legal person, entity or body
included in the Annexes to that Decision submits observations or when new
evidence is presented. This is with a view to ensuring respect, in particular,
for the rights of the defence and the right to judicial review. These rights
should also be respected by the Regulation.

(5)
It is appropriate to empower the Commission to
amend the list of persons, entities and bodies whose funds and economic
resources should be frozen. It should review its listing
decisions in light of the observations and information submitted by the natural or legal person, entity or body
concerned and by the Member States.

(6)
For the implementation of this Regulation, and
in order to create maximum legal certainty within the Union, the names and
other relevant data concerning natural and legal persons, entities and bodies
whose funds and economic resources are to be frozen in accordance with this
Regulation, should be made public. Any processing of personal data should
respect Regulation (EC) No 45/2001 of the European Parliament and of the
Council of 18 December 2000 on the protection of individuals with regard to the
processing of personal data by the Community institutions and bodies and on the
free movement of such data[3] and Directive 95/46/EC of
the European Parliament and of the Council of 24 October 1995 on the protection
of individuals with regard to the processing of personal data and on the free
movement of such data[4].

(7)
In order to ensure that the measures provided
for in this Regulation are effective, this Regulation must enter into force immediately,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 765/2006 is amended as
follows:

(1)          Article 2 is replaced by the
following:

“Article 2

1.      All funds and economic resources
belonging to, owned, held or controlled by the natural or legal persons,
entities and bodies listed in Annex I or in Annex IA shall be frozen.

2.      No funds or economic resources shall
be made available, directly or indirectly, to or for the benefit of the natural
or legal persons, entities or bodies listed in Annex I or in Annex IA.

3.      The participation, knowingly and
intentionally, in activities the object or effect of which is, directly or
indirectly, to circumvent the measures referred to in paragraphs 1 and 2 shall
be prohibited.

4.      Annex I shall consist of the natural or
legal persons, entities and bodies referred to in Article 2(1)(a) of Council
Decision 2010/639/CFSP as amended.

5.      Annex IA shall consist of the natural or
legal persons, entities and bodies referred to in Article 2(1)(b) of Council
Decision 2010/639/CFSP as amended.”

(2)          The following Article is
inserted:

“Article 2b

1.      Annexes I and IA shall include only
the following information on listed natural persons:

(a)     for identification purposes: surname
and given names (including alias names and titles, if any); date and place of
birth; nationality; passport and identity card numbers; tax and social security
numbers; sex; address or other information on whereabouts; function held or
profession;

(b)     the date referred to in Article 4(1)(b);

(c)     the grounds for listing.

2.      Annexes I and IA may also include
information on family members of the persons listed, provided that the
inclusion of this information is considered to be necessary in a specific case
for the sole purpose of verifying the identity of the listed natural person in
question.”

(3)          Article 3 is replaced by the
following:

“Article 3

1.      By way of derogation from Article 2, the
competent authorities in the Member States, as indicated in the websites listed
in Annex II, may authorise the release of certain frozen funds or economic
resources, or the making available of certain funds or economic resources,
under such conditions as they deem appropriate, after having determined that
the funds or economic resources are:

(a)     necessary to
satisfy the basic needs of persons listed in Annex I or in Annex IA and their
dependent family members, including payments for foodstuffs, rent or mortgage,
medicines and medical treatment, taxes, insurance premiums, and public utility
charges;

(b)     intended exclusively for payment of
reasonable professional fees and reimbursement of incurred expenses associated
with the provision of legal services; or

(c)     intended exclusively for payment of
fees or service charges for routine holding or maintenance of frozen funds or
economic resources.

2.      By way of derogation from Article 2, the
competent authorities in the Member States, as indicated in the websites listed
in Annex II, may authorise the release of certain frozen funds or economic
resources, or the making available of certain funds or economic resources,
under such conditions as they deem appropriate, after having determined that
the funds or economic resources are necessary for extraordinary expenses,
provided that the Member State concerned has notified the other Member States
and the Commission of the grounds on which it considers that a specific
authorisation should be granted, at least two weeks before the authorisation.

3.      Member States shall inform the other
Member States and the Commission of any authorisation granted under paragraph 1
or 2.”

(6)          Article 8 is replaced by the
following:

“Article 8

1.      The Commission shall be empowered to:

(a)     amend Annexes I and IA on the basis of
decisions taken in respect of Annexes IV and V to Council Decision 2010/639/CFSP,
respectively; and

(b)     amend Annex II on the basis of
information supplied by Member States.

2.      The Commission shall communicate its
decision to the natural or legal person, entity or body included in Annex I or
in Annex IA, either directly, if the address is known, or through the
publication of a notice, providing such natural or legal person, entity or body
with an opportunity to present observations.

3.      Where observations are submitted or
where substantial new evidence is presented, the Commission shall forward the
observations or evidence submitted to the Working Party on Eastern Europe and
Central Asia of the Council requesting each Member State to submit its
observations and, where appropriate, further information. The period for
submission of observations and further information shall not exceed three
months.

4.      The Commission shall review its
decision in light of the observations and information submitted by the natural or legal person, entity or body
included in Annex I or Annex IA and the Member States.

The Commission shall inform the natural or
legal person, entity or body of the outcome of the review.

5.      The Commission shall process personal
data in order to carry out its tasks under this Regulation. These tasks
include:

(a)     preparing and making amendments of
Annex I and Annex IA to this Regulation;

(b)     including the contents of these annexes
in the electronic, consolidated list of persons, groups and entities subject to
EU financial sanctions available on the Commission website[5];

(c)     processing of information on the
impact of the measures of this Regulation such as the value of frozen funds and
information on authorisations granted by the competent authorities.

6.      The Commission may process relevant
data relating to criminal offences committed by listed natural persons, and to
criminal convictions or security measures concerning such persons, only to the
extent that such processing is necessary for the preparation of Annex I or of
Annex IA to this Regulation concerned.
Such data shall not be made public or exchanged.

7.      For the purposes of this Regulation,
the Commission unit listed in Annex II is designated as “controller” for the
Commission within the meaning of Article 2(d) of Regulation (EC) No 45/2001, in
order to ensure that the natural persons concerned can exercise their rights
under Regulation (EC) No 45/2001.”

(7)          The following Article is
inserted:

“Article 9b

Where there is, in this Regulation, 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.”

(9)          The text set out in Annex I is
inserted into Regulation (EC) No 765/2006 as Annex IA.

(10)        Annex II to Regulation (EC) No 765/2006
is amended as set out in Annex II.

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

ANNEX I

“ANNEX
IA

List of natural and legal persons,
entities or bodies referred to in Article 2(1), 2(2) and 2(5)

(To be completed by Council)”

ANNEX II

Annex II (Websites
for information on the competent authorities referred to in Articles 3, 4(2) and
5, and address for notifications to the European Commission) to Regulation (EC)
No 765/2006 is amended as follows:

(1)          The Annex heading is replaced by
the following:

“Websites for
information on the competent authorities referred to in Articles 3, 4(2), 5 and
8(7), and address for notifications to the European Commission”

(2)          The section ‘Address for
notifications to the European Commission’ is replaced by the following:

“Address
for notifications to or other communication with the European Commission:

European Commission

Foreign Policy Instruments Service

Unit FPIS.2

CHAR 12/106

B-1049 Bruxelles/Brussel

Belgium

E-mail: relex-sanctions@ec.europa.eu

Tel.: (32 2) 295 55 85

Fax: (32 2) 299 08 73”

[1]               OJ L 280, 26.10.2010, p. 18.

[2]               OJ L ..., ...2011, p. ... .

[3]               OJ L 8, 12.1.2001, p. 1.

[4]               OJ L 281, 23.11.1995, p. 31.

[5]               http://ec.europa.eu/external_relations/cfsp/sanctions/consol-list_en.htm