Joint Proposal for a COUNCIL REGULATION amending Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus
Date: 2012-04-16
Institutions: European Commission, High Representative of the Union
Subjects: Belarus, civil servant, diplomatic representation, economic resources, economic sanctions, international sanctions

EUROPEAN COMMISSION 

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

Brussels, 16.4.2012  
JOIN(2012) 9 final 

2012/0092 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending 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, as amended, provides for a 
freezing  of  the  assets  of  President  Lukashenko  and  certain  officials  of  Belarus,  as 
well as persons responsible for serious violations of human rights or the repression of 
civil society and democratic opposition, and persons and entities benefiting from or 
supporting  the  Lukashenko  regime,  including  in  particular  persons  and  entities 
providing financial or material support to the regime. 

By Council Decision 2012/ … /CFSP of …April 2012, the Council has decided that a 
derogation from the asset freeze should be provided, in order to ensure that funds or 
economic  resources  can  be  made  available  for  the  official  purposes  of  diplomatic 
missions  or  consular  posts  or  international  organisations  enjoying  immunities  in 
accordance with international law. 

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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2012/0092 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending 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  …  April  2012  amending  Council 
Decision 2010/639/CFSP concerning restrictive measures against Belarus1,  

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  as  well  as  persons 
responsible for serious violations of human rights or the repression of civil society and 
democratic  opposition,  and  persons  and  entities  benefiting  from  or  supporting  the 
Lukashenko regime. 

By Decision 2012/ … /CFSP, the Council has decided that a derogation from the asset 
freeze should be provided, in order to ensure that funds or economic resources can be 
made  available  for  the  official  purposes  of  diplomatic  missions  or  consular  posts  or 
international organisations enjoying immunities in accordance with international law. 

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. 

(4) 

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

1 
2 

OJ L … , …4.2012, p. … . 
OJ L 134, 20.5. 2006, p. 1 

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HAS ADOPTED THIS REGULATION: 

In Regulation (EC) No 765/2006, the following Article 4b is inserted: 

Article 1 

“Article 4b 

By  way  of  derogation  from  Article  2,  the  competent  authorities  in  the  Member  States,  as 
indicated  in  the  websites  listed  in  Annex  II,  may  authorise,  under  such  conditions  as  they 
deem  appropriate,  the  release  of  certain  frozen  funds  or  economic  resources  or  the  making 
available  of  certain  funds  or  economic  resources,  after  having  determined  that  the  funds  or 
economic  resources  are  necessary  for  official  purposes  of  diplomatic  missions  or  consular 
posts  or  international  organisations  enjoying  immunities  in  accordance  with  international 
law.” 

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 Brussels,  

For the Council 
The President 

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