COUNCIL REGULATION (EU) 2022/577

of 8 April 2022

amending Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine

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 and the involvement of Belarus in the Russian aggression against Ukraine (1),

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

Whereas:

(1) On 18 May 2006, the Council adopted Regulation (EC) No 765/2006 (2).

(2) Regulation (EC) No 765/2006 gives effect to the measures provided for in Decision 2012/642/CFSP.

(3) Council Decision (CFSP) 2022/579 (3) imposes further restrictive measures prohibiting the sale to Belarus of transferable securities denominated in any official currency of a Member State, and prohibiting the sale, supply, transfer or export to Belarus of banknotes denominated in any official currency of a Member State.

(4) That Decision also imposes further restrictive measures prohibiting road transport undertakings established in Belarus from transporting goods by road within the territory of the European Union.

(5) Regulation (EC) No 765/2006 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1 Regulation (EC) No 765/2006 is amended as follows: (1) in Article 1, the following point is added: ‘25. ‘road transport undertaking’ means any natural or legal person, entity or body engaged with a commercial purpose, in the transport of freight by means of motor vehicles or combinations of vehicles.’; (2) in Article 1y, paragraph 1 is replaced by the following: ‘1. It shall be prohibited to sell transferable securities denominated in any official currency of a Member State issued after 12 April 2022 or units in collective investment undertakings providing exposure to such securities, to any Belarusian national or natural person residing in Belarus or any legal person, entity or body established in Belarus.’; (3) Article 1za is replaced by the following: ‘Article 1za 1. It shall be prohibited to sell, supply, transfer or export banknotes denominated in any official currency of a Member State to Belarus or to any natural or legal person, entity or body in Belarus, including the government and the Central Bank of Belarus, or for use in Belarus. 2. The prohibition in paragraph 1 shall not apply to the sale, supply, transfer or export of banknotes denominated in any official currency of a Member State provided that such sale, supply, transfer or export is necessary for: (a) the personal use of natural persons travelling to Belarus or members of their immediate families travelling with them; or (b) the official purposes of diplomatic missions, consular posts or international organisations in Belarus enjoying immunities in accordance with international law.’; (4) the following Article is inserted: ‘Article 1zc 1. It shall be prohibited for any road transport undertaking established in Belarus to transport goods by road within the territory of the Union, including in transit. 2. The prohibition in paragraph 1 shall not apply to road transport undertakings transporting mail as a universal service. 3. The prohibition in paragraph 1 shall not apply until 16 April 2022 to the transport of goods that started before 9 April 2022, provided that the vehicle of the road transport undertaking: (a) was already in the territory of the Union on 9 April 2022, or (b) needs to transit through the Union in order to return to Belarus. 4. By way of derogation from paragraph 1, the competent authorities of a Member State may authorise the transport of goods by a road transport undertaking established in Belarus if the competent authorities have determined that such transport is necessary for: (a) the purchase, import or transport into the Union of natural gas and oil, including refined petroleum products, as well as titanium, aluminium, copper, nickel, palladium and iron ore; (b) the purchase, import or transport of pharmaceutical, medical, agricultural and food products, including wheat and fertilisers whose import, purchase and transport is allowed under this Regulation; (c) humanitarian purposes; or, (d) the functioning of diplomatic and consular representations of the Union and of the Member States in Belarus, including delegations, embassies and missions, or international organisations in Belarus enjoying immunities in accordance with international law. 5. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 4 within two weeks of the authorisation.’.

Article 2 This Regulation shall enter into force on the day following that 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 Brussles, 8 April 2022. For the Council The President J.-Y. LE DRIAN

(1) OJ L 285, 17.10.2012, p. 1.

(2) Council Regulation (EC) No 765/2006 of 18 May 2006 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine (OJ L 134, 20.5.2006, p. 1).

(3) Council Decision (CFSP) 2022/579 of 8 April 2022 amending Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine (OJ L 111, 8.4.2022 81).