COUNCIL DECISION 2010/639/CFSP
of 25 October 2010
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 10 April 2006, the Council adopted Common Position 2006/276/CFSP concerning restrictive measures against certain officials of Belarus (1).
(2)
By Common Position 2009/314/CFSP of 6 April 2009 amending Common Position 2006/276/CFSP (2) the restrictive measures were extended until 15 March 2010. However, the travel restrictions imposed on certain leading figures in Belarus, with the exception of those involved in the disappearances which occurred in 1999 and 2000 and of the President of the Central Electoral Commission, were suspended until 15 December 2009.
(3)
On 15 December 2009, the Council adopted Council Decision 2009/969/CFSP (3) extending both the restrictive measures and the suspension until 31 October 2010.
(4)
On the basis of a re-examination of Common Position 2006/276/CFSP, the restrictive measures should be renewed until 31 October 2011, whilst the suspension of the travel restrictions, should also be renewed until the same date.
(5)
The Union implementing measures are set out in Regulation (EC) No 765/2006 of 18 May 2006 concerning restrictive measures against President Lukashenko and certain officials of Belarus (4),
HAS ADOPTED THIS DECISION:
Article 1
1. Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of persons, who are responsible:
(a)
for, but failed to start, the initiation of independent investigation and prosecution of the alleged crimes and those who are considered by the Pourgourides Report to be key actors in the disappearances of four well-known persons in Belarus in 1999/2000 and the following cover-up, in view of their apparent obstruction of justice, as listed in Annex I;
(b)
for the fraudulent elections and referendum in Belarus on 17 October 2004 and those who are responsible for severe human rights violations in the repression of peaceful demonstrators in the aftermath of the elections and referendum in Belarus, as listed in Annex II;
(c)
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, as listed in Annex III.
2. Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.
3. Paragraph 1 shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:
(i)
as a host country of an international intergovernmental organisation;
(ii)
as a host country to an international conference convened by, or under the auspices of, the United Nations;
(iii)
under a multilateral agreement conferring privileges and immunities;
or
(iv)
under the 1929 Treaty of Conciliation (Lateran pact) concluded by the Holy See (State of the Vatican City) and Italy.
4. Paragraph 3 shall be considered as applying also in cases where a Member State is host country of the Organisation for Security and Cooperation in Europe (OSCE).
5. The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraphs 3 or 4.
6. Member States may grant exemptions from the measures imposed in paragraph 1 where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings, including those promoted by the Union, or hosted by a Member State holding the Chairmanship in office of the OSCE, where a political dialogue is conducted that directly promotes democracy, human rights and the rule of law in Belarus.
7. A Member State wishing to grant exemptions referred to in paragraph 6 shall notify the Council in writing. The exemption shall be deemed to be granted unless one or more of the Council members raises an objection in writing within two working days of receiving notification of the proposed exemption. Should one or more of the Council members raise an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.
8. In cases where pursuant to paragraphs 3, 4, 6 and 7, a Member State authorises the entry into, or transit through, its territory of persons listed in Annexes I, II and III, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.
Article 2
1. All funds and economic resources belonging to, owned, held or controlled by persons who are responsible 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 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 Annex IV.
Article 3
1. The competent authority of a Member State 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 it deems appropriate, after having determined that the funds or economic resources concerned are:
(a)
necessary to satisfy the basic needs of the persons listed in Annex IV 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 the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services;
(c)
intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources; or
(d)
necessary for extraordinary expenses, provided that the competent authority has notified the grounds on which it considers that a specific authorisation should be granted to the other competent authorities and the Commission at least two weeks prior to the authorisation.
Member States shall inform the other Member States and the Commission of any authorisation granted under this Article.
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
and provided that any such interest, other earnings and payments continue to be subject to Article 2(1) of this Decision.
Article 4
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 and IV as required by political developments in Belarus.
2. The Council shall communicate its decision, including the grounds for listing, to the person concerned, either directly, if the address is known, or through the publication of a notice, providing such person with an opportunity to present observations.
3. Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the person concerned accordingly.
Article 5
In order to maximise the impact of the abovementioned measures, the Union shall encourage third States to adopt restrictive measures similar to those contained in this Decision.
Article 6
Common Position 2006/276/CFSP is hereby repealed.
Article 7
1. This Decision shall enter into force on the date of its adoption.
2. This Decision shall apply until 31 October 2011. It shall be kept under constant review. It shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.
3. The measures referred to in Article 1(1)(b), insofar as they apply to Mr Yuri Nikolaevich PODOBED, as well as the measures referred to in Article 1(1)(c) shall be suspended until 31 October 2011.
Done at Luxembourg, 25 October 2010.