Joint Proposal for a COUNCIL REGULATION amending Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus
Date: 2012-10-17
Institutions: European Commission, High Representative of the Union
Subjects: Belarus, EU institution, EU national, European language, democratisation, economic sanctions, human rights, international sanctions, operation of the Institutions, rule of law

EUROPEAN 
COMMISSION 

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

Brussels, 17.10.2012  
JOIN(2012) 29 final 

2012/0296 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

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

EN 

   EN 

 
 
 
 
  
 
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. 

In  order  to  provide  for  greater  clarity,  the  Council  has  decided  to  clarify  and 
consolidate the criteria for listing natural or legal persons, entities and bodies in the 
Annexes  to  Council  Decision  2010/639/CFSP  by  a  new  Decision  replacing  the 
former as of 1 November 2012 and consolidating these Annexes into a single Annex. 

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. 

EN 

2 

   EN 

 
2012/0296 (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  …  October  2012  replacing  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  2006  concerning  restrictive 
measures  in  respect  of  Belarus2  provides  for  a  freezing  of  the  assets  of  President 
Lukashenko  and  certain  officials  of  Belarus  as  well  as  persons  responsible  for,  inter 
alia,  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 to clarify the criteria for listing 
natural  or  legal  persons,  entities  and  bodies  in  the  Annexes  to  Council  Decision 
2010/639/CFSP3 and to consolidate these Annexes into a single Annex.  

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 
3 

OJ L … , …1.2012, p. … . 
OJ L 134, 20.5. 2006, p. 1 
OJ L 280, 26.10.2010, p. 18. 

EN 

3 

   EN 

 
                                                 
HAS ADOPTED THIS REGULATION: 

Article 1 

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

(1) Article 2 is replaced by the following: 

“Article 2 

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

2. 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 Annex I.  

3. 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.  

4. Annex I shall consist of a list of the natural or legal persons,  entities and bodies who, in 
accordance with point (a) of Article 4(1) of Council Decision …/…/CFSP of … concerning 
restrictive  measures  against  Belarus  (4),  have  been  identified  by  the  Council  as  being 
responsible  for  serious  violations  of  human  rights  or  the  repression  of  civil  society  and 
democratic  opposition,  or  whose  activities  otherwise  seriously  undermine  democracy  or  the 
rule of law in Belarus, or any natural or legal persons, entities or bodies associated with them, 
as well as legal persons, entities or bodies owned or controlled by them. 

5. Annex I shall also consist of a list of the natural or legal persons, entities and bodies who, 
in  accordance  with  point  (b)  of  Article  4(1)  of  Council  Decision  …/…/CFSP,  have  been 
identified by the Council as benefiting from or supporting the Lukashenko regime, as well as 
legal persons, entities or bodies owned or controlled by them." 

(2) In paragraphs 1 and 2 of Article 2b, in Article 3(1)(a), in Article 4a and in paragraphs 1 
and  4  of  Article  8a,  references  to  ‘Annexes  I,  IA  and  IB’  or  to  'Annexes  I  or  (in)  IA'  are 
replaced by references to 'Annex I'.  

4 

OJ C , , p. . 

EN 

4 

   EN 

 
 
                                                 
Article 2 

This Regulation shall enter into force on 1 November 2012. 

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

Done at Brussels,  

For the Council 
The President 

EN 

5 

   EN