COUNCIL DECISION 2011/69/CFSP
of 31 January 2011
amending Council Decision 2010/639/CFSP concerning restrictive measures against certain officials of Belarus
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Whereas:
(1)
On 25 October 2010, the Council adopted Decision 2010/639/CFSP concerning restrictive measures against certain officials of Belarus (1).
(2)
In view of the fraudulent presidential elections of 19 December 2010 and the violent crackdown on the political opposition, civil society and representatives of independent mass media in Belarus, the suspension of the travel restrictions with regard to the persons referred to in points (b) and (c) of Article 1(1) of Decision 2010/639/CFSP should be terminated.
(3)
Moreover, the persons responsible for the fraudulent electoral process and for the crackdown on the opposition should be subject to restrictive measures.
(4)
In addition, the information relating to certain persons on the lists set out in Annexes I, II, III and IV to Decision 2010/639/CFSP should be updated.
(5)
The Council will regularly re-examine the situation in Belarus and evaluate any improvements which the Belarusian authorities may have made towards respect for democratic values, human rights and fundamental freedoms, including freedom of expression and of the media, freedom of assembly and political association and the rule of law.
(6)
Decision 2010/639/CFSP should be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2010/639/CFSP is hereby amended as follows:
(1)
In Article 1(1), the following point (d) is added:
‘(d)
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, and those persons associated with them, as listed in Annex IIIA.’.
(2)
Article 2 is replaced by the following:
‘Article 2
1. All funds and economic resources belonging to, owned, held or controlled by persons who are responsible:
(a)
for the violations of international electoral standards in the Presidential elections in Belarus on 19 March 2006 and the crackdown on civil society and democratic opposition, and those natural or legal persons, entities or bodies associated with them, as listed in Annex IV;
(b)
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, and those natural or legal persons, entities or bodies associated with them, as listed in Annex IIIA;
shall be frozen.
2. No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of such persons listed in Annexes IIIA or IV’.
(3)
Article 3(1)(a) is replaced by the following:
‘(a)
necessary to satisfy the basic needs of the persons listed in Annexes IIIA or IV and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges,’.
(4)
Article 3(2) is replaced by the following:
‘2. Article 2(2) shall not apply to the addition to frozen accounts of:
(a)
interest or other earnings on those accounts; or
(b)
payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to the provisions of Common Position 2006/276/CFSP or this Decision
and provided that any such interest, other earnings and payments continue to be subject to Article 2(1)(a) and (b) of this Decision.’.
(5)
Article 4(1) is replaced by the following:
‘1. The Council, acting upon a proposal by a Member State or the High Representative of the Union for Foreign Affairs and Security Policy, shall adopt amendments to the lists contained in Annexes I, II, III, IIIA, IV and V as required by political developments in Belarus.’.
(6)
Article 7(3) is deleted.
(7)
Annexes I, II, III and IV to Decision 2010/639/CFSP shall be replaced by the text set out in Annexes I, II, III and IV to this Decision.
(8)
The text of Annex V to this Decision shall be added to Decision 2010/639/CFSP as Annex IIIA thereto.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 31 January 2011.