COUNCIL COMMON POSITION 2006/362/CFSP

of 18 May 2006

amending Common Position 2006/276/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 15 thereof,

Whereas:

On 10 April 2006 the Council adopted Common Position 2006/276/CFSP concerning restrictive measures against certain officials of Belarus and repealing Common Position 2004/661/CFSP (1) imposing travel restrictions against President Lukashenko, members of the leadership and certain officials of Belarus.

The Council deems it appropriate, following its conclusions of 10 April 2006, also to freeze the funds and economic resources of the persons referred to above, who played a role in the violations of international electoral standards and the crackdown on civil society and democratic opposition in the context of the 19 March 2006 Presidential elections.

These financial restrictive measures should be reviewed with a view to the speedy release and rehabilitation of all political detainees, and in the light of reforms made to the Electoral Code to bring it into line with OSCE commitments and other international standards for democratic elections as recommended by the OSCE/ODIHR, the conduct of future elections, and concrete actions by the authorities to respect democratic values, the rule of law, human rights, and fundamental freedoms, including the freedom of expression and of the media, and the freedom of assembly and political association.

It is therefore appropriate to make some technical changes to the annexes of Common Position 2006/276/CFSP.

HAS ADOPTED THIS COMMON POSITION:

Article 1

The following Articles shall be inserted in Common Position 2006/276/CFSP:

‘Article 1a

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 1b

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 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 payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services,

(c) intended exclusively for payment of fees or service charges for 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.

The competent authority shall inform the competent authorities of the other Member States and the Commission of any authorisation granted under this article.

2. Article 1a(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 this Common Position and

provided that any such interest, other earnings and payments continue to be subject to Article 1a(1).’