Joint Proposal for a COUNCIL REGULATION amending Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus
Date: 2021-06-14
Institutions: Directorate-General for Financial Stability, Financial Services and Capital Markets Union, European Commission
Subjects: Belarus, EU restrictive measure, air safety, arrest, economic sanctions, human rights, international sanctions

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   EUROPEAN COMMISSION HIGH REPRESENTATIVE OF THE UNION FOR FOREIGN AFFAIRS AND SECURITY POLICY Brussels, 14.6.2021  JOIN(2021) 12 final/2  -             DOWNGRADED ON 9.2.2023 2021/0153 (NLE)  Joint Proposal for a COUNCIL REGULATION amending Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus   
 
 
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EXPLANATORY MEMORANDUM 

Council  Regulation  (EC)  No  765/2006  provides  for  the  freezing  of  funds  and 
economic resources of, and prohibits making funds or economic resources available 
to,  persons,  entities  or  bodies  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  who 
benefit  from  or  support  the  Lukashenka  regime.  It  also  prohibits  the  provision  of 
technical  assistance  related  to  the  goods  and  technology  listed  in  the  Common 
Military  List  of  the  European  Union  or  related  to  the  provision,  manufacture, 
maintenance  and  use  of  such  goods.  It  imposes  a  ban  on  the  export  of  equipment 
which might be used for internal repression to any person, entity or body in Belarus 
or  for  use  in  Belarus,  and  prohibits  the  provision  of  related  technical  assistance, 
brokering  services,  financing  or  financial  assistance.  It  further  prohibits  Belarusian 
air carriers from landing in, taking off from or overflying the territory of the Union. 

Council Regulation  (EC) No 765/2006  gives effect to the  measures  provided for in 
Decision 2012/642/CFSP. 

Council  Implementing  Decision  (CFSP)  2021/XXX  introduces  certain  designations 
aimed at implementing the conclusions of the European Council of 24 and 25 May 
2021 following the unlawful forced landing of an intra-EU Ryanair flight in Minsk, 
Belarus,  on  23  May  2021.  On…,  the  Council  adopted  Council  Decision  (CFSP) 
2021/XXX amending Decision 2012/642/CFSP to introduce certain new derogations 
to the asset freeze and prohibition to make funds or economic resources available to 
listed persons or entities in order to avoid the unintended consequences of those new 
designations.  Those  derogations  concern  flights  for  humanitarian  purposes,  for  the 
attendance  of  certain  political  meetings  and  emergency  flights  as  well  as  air  safety 
matters and need to be reflected in Regulation (EC) No 765/2006.  

These amendments fall within the scope of the Treaty and, therefore, notably with a 
view  to  ensuring  its  uniform  application  in  all  Member  States,  regulatory  action  at 
the level of the Union is necessary. 

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

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2021/0153 (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 2012/642/CFSP of 15 October 2012 concerning restrictive 
measures in view of the situation in Belarus1, 

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

Whereas: 

(1) 

(2) 

(3) 

Council  Regulation  (EC)  No  765/20062  provides  for  the  freezing  of  funds  and 
economic  resources  of,  and  prohibits  making  funds  or  economic  resources  available 
to, persons, entities or bodies 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 who benefit from or 
support the Lukashenka regime. It also prohibits the provision of technical assistance 
related  to  the  goods  and  technology  listed  in  the  Common  Military  List  of  the 
European Union or related to the provision, manufacture, maintenance and use of such 
goods. It imposes a ban on the export of equipment which might be used for internal 
repression to any person, entity or body in Belarus or for use in Belarus, and prohibits 
the provision of related technical assistance, brokering services, financing or financial 
assistance. It further prohibits Belarusian air carriers from landing in, taking off from 
or overflying the territory of the Union. 

Council  Regulation  (EC)  No  765/2006  gives  effect  to  the  measures  provided  for  in 
Decision 2012/642/CFSP.  
Council  Implementing  Decision  (CFSP)  2021/XXX3  introduces  certain  designations 
aimed  at  implementing  the  conclusions  of  the  European  Council  of  24  and  25  May 
2021  following  the  unlawful  forced  landing  of  an  intra-EU  Ryanair  flight  in  Minsk, 
Belarus,  on  23  May  2021.  Council  Decision  (CFSP)  2021/XXX4  amends  Decision 
2012/642/CFSP  to  introduce  certain  new  derogations  to  the  asset  freeze  and 
prohibition to make funds or economic resources available to listed persons or entities 

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OJ L 285, 17.10.2012, p. 1. 
Council  Regulation  (EC)  No  765/2006 of  18  May  2006  concerning  restrictive  measures  in  respect  of 
Belarus (OJ L 134, 20.5.2006, p. 1). 
[Please insert full reference.] 
[Please insert full reference.] 

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in  order  to  avoid  the  unintended  consequences  of  those  new  designations.  Those 
derogations  concern  flights  for  humanitarian  purposes,  for  the  attendance  of  certain 
political meetings and emergency flights as well as air safety matters and need to be 
reflected in Regulation (EC) No 765/2006. 

(4) 

(5) 

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

In order to ensure that the measures provided for in this Regulation are effective, this 
Regulation should enter into force immediately,  

HAS ADOPTED THIS REGULATION: 

In Article 3(1) of Regulation (EC) No 765/2006, the following points are added: 

Article 1 

‘(d)  intended  exclusively  for  the  payment  of  a  charge  necessary  for  one  of  the 
following: 

(i) 

(ii) 

the operation of flights, the sole purpose of which is humanitarian, such 
as delivering or facilitating the delivery of assistance, including medical 
supplies,  food,  the  transfer  of  humanitarian  workers  and  related 
assistance; 

the operation of flights required for attending political meetings with the 
objective  of  seeking  a  peaceful  and  democratic  solution  to  the  crisis  in 
Belarus  and/or  that  promote  the  policy  objectives  of  the  restrictive 
measures, or  

(iii)  for an emergency landing, take-off or overflight by an EU air carrier;  

(e) necessary to deal  with critical and  clearly  identified air safety  matters and  after 
prior consultation of the European Union Aviation Safety Agency.’  

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

Article 2 

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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