Joint Proposal for a COUNCIL REGULATION amending Council Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus
Date: 2012-01-25
Institutions: European Commission, High Representative of the Union
Subjects: Belarus, civil servant, economic resources, economic sanctions, electoral fraud, head of State, human rights, international sanctions

EUROPEAN COMMISSION 

HIGH REPRESENTATIVE OF THE
EUROPEAN UNION FOR 
FOREIGN AFFAIRS AND 
SECURITY POLICY

Brussels, 25.1.2012 
COM(2012) 32 final 

2012/0016 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EC) No 765/2006 concerning restrictive measures in 
respect of Belarus 

 
 
  
 
EXPLANATORY MEMORANDUM 

(1) 

(2) 

(3) 

(4) 

Council Regulation (EC) No 765/2006 of 18 May 2006 provides for a freezing of the 
assets of President Lukashenko and certain officials of Belarus.  

By  Council  Decision  2012/  …  /CFSP  of  …January  2012,  the  Council  has  decided 
that  the  restrictions  on  the  freezing  of  funds  and  economic  resources  should  be 
applied  to  (i)  persons  responsible  for  serious  violations  of  human  rights  or  the 
repression of civil society and democratic opposition, including in particular persons 
in a leading position and (ii) persons and entities benefiting from or supporting the 
Lukashenko  regime,  including  in  particular  persons  and  entities  providing  financial 
or material support to the regime. 

This measure falls within the scope of the Treaty on the Functioning of the European 
Union and regulatory action at the level of the Union is therefore necessary in order 
to  give  effect  to  it,  in  particular  with a  view  to  ensuring  its  uniform  application  by 
economic operators in all Member States. 

The  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy  and 
the European Commission propose to amend Council Regulation (EC) No 765/2006 
accordingly. 

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2012/0016 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EC) No 765/2006 concerning restrictive measures in 
respect of Belarus 

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/…/CFSP  of  …  January  20121  amending  Council 
Decision 2010/639/CFSP concerning restrictive measures against Belarus,  

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

Whereas: 

(1) 

(2) 

(3) 

Council Regulation (EC) No 765/2006 of 18 May 20062 provides for a freezing of the 
assets of President Lukashenko and certain officials of Belarus.  

By Council Decision 2012/ … /CFSP of …January 2012, the Council has decided that 
the restrictions on the freezing of funds and economic resources should be applied to 
(i) persons responsible for serious violations of human rights or the repression of civil 
society and democratic opposition, including in particular persons in a leading position 
and  (ii)  persons  and  entities  benefiting  from  or  supporting  the  Lukashenko  regime, 
including in particular persons and entities providing financial or material support to 
the regime. 

This measure falls within the scope of the Treaty on the Functioning of the European 
Union,  and  action  at  the  level  of  the  Union  is  therefore  necessary  in  order  to  give 
effect to it, in particular with a view to ensuring its uniform application by economic 
operators in all Member States. 

(4) 

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

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OJ L … , …1.2012, p. … . 
OJ L 134, 20.5. 2006, p. 1 

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HAS ADOPTED THIS REGULATION: 

Article 1 

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

Article 2 shall be replaced by the following Article: 

“Article 2 

1. 

2. 

3. 

4. 

5. 

6. 

All funds and economic resources belonging to, or owned, held or controlled by the 
natural  or  legal  persons,  entities  or  bodies  listed  in  Annexes  I,  IA  and  IB  shall  be 
frozen. 

No funds or economic resources shall be made available, directly or indirectly, to or 
for the benefit of the natural or legal persons, entities or bodies listed in Annexes I, 
IA or IB. 

The  participation,  knowingly  and  intentionally,  in  activities  the  object  or  effect  of 
which is, directly or indirectly, to circumvent the measures referred to in paragraphs 
1 and 2 shall be prohibited.  

Annex  I  shall  consist  of  the  natural  or  legal  persons,  entities  and  bodies  who,  in 
accordance  with  Article  2(1)(a)  of  Council  Decision  2010/639/CFSP,  have  been 
identified  by  the  Council  as  being  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,  or  as  being  associated  with 
those responsible. 

Annex  IA  shall  consist  of  the  natural  or  legal  persons,  entities  and  bodies  who,  in 
accordance  with  Article  2(1)(b)  of  Council  Decision  2010/639/CFSP,  have  been 
identified  by  the  Council  as  being  responsible  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,  or  as  being  associated 
with those responsible. 

Annex  IB  shall  consist  of  the  natural  or  legal  persons,  entities  and  bodies  who,  in 
accordance  with  sub-paragraphs  (c)  and  (d)  of  Article  2(1)  of  Council  Decision 
2010/639/CFSP, have been identified by the Council as being either (i) responsible 
for  serious  violations  of  human  rights  or  the  repression  of  civil  society  and 
democratic  opposition  in  Belarus,  or  (ii)  persons  or  entities  benefiting  from  or 
supporting the Lukashenko regime.” 

The Annex to this Regulation shall be added as Annex IB to Regulation (EC) No 765/2006. 

Article 2 

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This  Regulation  shall  enter  into  force  on  the  day  following  the  day  of  its  publication  in  the 
Official Journal of the European Union. 

Article 3 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the Council 
The President 

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There are no entries in this Annex” 

“ANNEX IB 

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