Council Regulation (EC) No 646/2008 of 8 July 2008 amending Regulation (EC) No 765/2006 concerning restrictive measures against President Lukashenko and certain officials of Belarus
Date: 2008-07-08
Institutions: Council of the European Union
Subjects: Belarus, Internet address, civil servant, economic sanctions, electoral fraud, human rights, president of an institution, presidential election, restriction of liberty

9.7.2008

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Official Journal of the European Union

L 180/5

COUNCIL REGULATION (EC) No 646/2008

of 8 July 2008

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

THE COUNCIL OF THE EUROPEAN UNION,

2. Article 3 is replaced by the following:

Having regard to the Treaty
Community, and in particular Articles 60 and 301 thereof,

establishing the European

‘Article 3

Having regard to Common Position 2006/276/CFSP of 10 April
2006 concerning restrictive measures against certain officials of
Belarus and replacing Common Position 2004/661/CFSP (1),

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

Council Regulation (EC) No 765/2006 of 18 May 2006
concerning restrictive measures against President Luka-
shenko and certain officials of Belarus (2)
imposed
restrictive measures
in accordance with Common
Position 2006/276/CFSP.

It is appropriate to align Regulation (EC) No 765/2006
with recent developments in sanctions practice regarding
liability for
the identification of competent authorities,
regarding
and public notice
certain infringements
procedures for maintenance of certain lists. For
the
sake of clarity,
those Articles to which amendments
need to be made should be republished in full,

1.
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 concerned
are:

(a) necessary to satisfy the basic needs of persons listed in
Annex I 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 profes-
sional fees and reimbursement of incurred expenses asso-
ciated with the provision of legal services;

(c)

fees or service
intended exclusively for payment of
charges for routine holding or maintenance of frozen
funds or economic resources; or

HAS ADOPTED THIS REGULATION:

Article 1

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

(d) 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.

1. the following Article is inserted:

‘Article 2a

2. Member States shall inform the other Member States
and the Commission of any authorisation granted under
paragraph 1.’;

The prohibition set out in Article 2(2) shall not give rise to
liability of any kind on the part of the natural or legal
persons, entities or bodies concerned,
they did not
know, and had no reasonable cause to suspect, that their
actions would infringe this prohibition.’;

if

3. Article 5 is replaced by the following:

‘Article 5

(1) OJ L 101, 11.4.2006, p. 5. Common Position as last amended by
Common Position 2008/288/CFSP (OJ L 95, 8.4.2008, p. 66).
(2) OJ L 134, 20.5.2006, p. 1. Regulation as last amended by Regu-

lation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

1. Without prejudice to the applicable rules concerning
reporting, confidentiality and professional secrecy, natural
and legal persons, entities and bodies shall:

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9.7.2008

(a)

immediately supply the competent authorities indicated
in the websites listed in Annex II, in the country where
they are resident or located, with any information which
would facilitate compliance with this Regulation, such as
frozen in accordance with
accounts
Article 2, and directly or indirectly supply such infor-
mation to the Commission; and

and amounts

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

Member States.

A notice shall be published regarding the procedures

2.
for submitting information in relation to Annex I.’;

(b) cooperate with the competent authorities indicated in the
websites listed in Annex II in any verification of this
information.

2.
Any information provided or received in accordance
with this Article shall be used only for the purposes for
which it was provided or received.’;

4. Article 8 is replaced by the following:

‘Article 8

1.

The Commission shall be empowered to:

5. the following Article is inserted:

‘Article 9a

1. Member States shall designate the competent authori-
ties referred to in Articles 3, 4(2) and 5 and identify them in
the websites listed in Annex II.

2. Member States shall notify the Commission of their
competent authorities and the contact details thereof by
31 July 2008 and shall notify it of any subsequent
amendment without delay.’;

6. Annex II is replaced by the text in the Annex to this Regu-

lation.

Article 2

(a) amend Annex I on the basis of decisions taken in respect
of Annex IV to Common Position 2006/276/CFSP; and

This Regulation shall enter into force on the 20th day following
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, 8 July 2008.

For the Council
The President

C. LAGARDE

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ANNEX

‘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

BELGIUM

http://www.diplomatie.be/eusanctions

BULGARIA

http://www.mfa.government.bg

CZECH REPUBLIC

http://www.mfcr.cz/mezinarodnisankce

DENMARK

http://www.um.dk/da/menu/Udenrigspolitik/FredSikkerhedOgInternationalRetsorden/Sanktioner/

GERMANY

http://www.bmwi.de/BMWi/Navigation/Aussenwirtschaft/Aussenwirtschaftsrecht/embargos.html

ESTONIA

http://www.vm.ee/est/kat_622/

IRELAND

http://www.dfa.ie/home/index.aspx?id = 28519

GREECE

http://www.ypex.gov.gr/www.mfa.gr/en-US/Policy/Multilateral+Diplomacy/International+Sanctions/

SPAIN

www.maec.es/es/MenuPpal/Asuntos/Sanciones%20Internacionales

FRANCE

http://www.diplomatie.gouv.fr/autorites-sanctions/

ITALY

http://www.esteri.it/UE/deroghe.html

CYPRUS

http://www.mfa.gov.cy/sanctions

LATVIA

http://www.mfa.gov.lv/en/security/4539

LITHUANIA

http://www.urm.lt

LUXEMBOURG

http://www.mae.lu/sanctions

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HUNGARY

http://www.kulugyminiszterium.hu/kum/hu/bal/Kulpolitikank/nemzetkozi_szankciok/

MALTA

http://www.doi.gov.mt/EN/bodies/boards/sanctions_monitoring.asp

NETHERLANDS

http://www.minbuza.nl/sancties

AUSTRIA

http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version=

POLAND

http://www.msz.gov.pl

PORTUGAL

http://www.min-nestrangeiros.pt

ROMANIA

http://www.mae.ro/index.php?unde=doc&id=32311&idlink=1&cat=3

SLOVENIA

http://www.mzz.gov.si/si/zunanja_politika/mednarodna_varnost/omejevalni_ukrepi/

SLOVAKIA

http://www.foreign.gov.sk

FINLAND

http://formin.finland.fi/kvyhteistyo/pakotteet

SWEDEN

http://www.ud.se/sanktioner

UNITED KINGDOM

http://www.fco.gov.uk/en/business-trade/export-controls-sanctions/

Address for notifications to the European Commission:
European Commission
DG External Relations
Directorate A. Crisis Platform and Policy Coordination in Common Foreign and Security Policy
Unit A2. Crisis Response and Peace Building
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’