Council Regulation (EU) 2021/1030 of 24 June 2021 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 Belarus (1),

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

Whereas:

(1) Council Regulation (EC) No 765/2006 (2) 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 exempts biathlon equipment from the export ban and provides for derogations from the export ban on certain types of small-calibre sporting rifles, small-calibre sporting pistols and small-calibre ammunition, and from the ban on assistance or services related thereto, while recognising that the export of such equipment should be limited. It further prohibits Belarusian air carriers from landing in, taking off from or overflying the territory of the Union.

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

(3) Council Decision (CFSP) 2021/1031 (3) introduces further targeted economic sanctions 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. Decision (CFSP) 2021/1031 introduces further restrictions related to the trade of arms. It also prohibits the sale, supply, transfer or export of equipment, technology or software intended primarily for use in the monitoring or interception by, or on behalf of, the Belarusian authorities of the internet and of telephone communications on mobile or fixed networks. It prohibits the sale, supply or transfer of dual-use items for military use and to specified persons, entities or bodies in Belarus. In addition, it introduces further trade restrictions concerning petroleum products, potassium chloride ('potash') and goods used for the production or manufacturing of tobacco products. Furthermore, it imposes restrictions on access to Union capital markets in relation to the Belarusian Government as well as Belarusian state-owned financial institutions and entities. It introduces a prohibition on providing insurance and reinsurance to the Belarusian Government and Belarusian public bodies and agencies. It imposes certain prohibitions on the European Investment Bank in relation to projects in the public sector. Those amendments need to be reflected in Regulation (EC) No 765/2006.

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

HAS ADOPTED THIS REGULATION:

Article 1

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

(2) in Article 1a, paragraphs 4, 5 and 6 are deleted;

(3) in Article 1b, paragraphs 4, 5 and 6 are deleted;

(5) Annex III is amended as set out in Annex I to this Regulation.

(6) Annex IV of Regulation (EC) No 765/2006 is deleted and replaced by Annex II to this Regulation;

(7) Annex V of Regulation (EC) No 765/2006 is deleted and replaced by Annex III to this Regulation;

(8) Annexes IV, V, VI, VII of this Regulation are added as Annexes VI, VII VIII and IX to Regulation (EC) No 765/2006.

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, 24 June 2021.

For the Council The President A. P. ZACARIAS

(1) OJ L 285, 17.10.2012, p. 1.

(2) 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).

(3) Council Decision (CFSP) 2021/1031 of 24 June 2021 amending Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus (see page 15 of this Official Journal).