Council Regulation (EU) 2022/355 of 2 March 2022 amending Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in 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, in particular, 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, or persons, entities or bodies that are organising or contributing to activities by the Lukashenka regime that facilitate the illegal crossing of the external borders of the Union or the transfer of prohibited goods and the illegal transfer of restricted goods, including hazardous goods, into the territory of a Member State.

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

(3) On 2 March 2022, the Council adopted Decision (CFSP) 2022/356 (3), which expands the scope of the sanctions to implement the conclusions of the European Council of 24 February 2022 following the involvement of Belarus in the unacceptable and illegal Russian military aggression against Ukraine, which under international law qualifies as an act of aggression.

(4) Decision (CFSP) 2022/356 introduces further restrictions related to the trade of goods used for the production or manufacturing of tobacco products, mineral products, potassium chloride (“potash”) products, wood products, cement products, iron and steel products and rubber products. It also prohibits the export to Belarus or for use in Belarus of dual-use goods and technology, exports of goods and technology which might contribute to Belarus’s military, technological, defence and security development, and exports of machinery. Decision (CFSP) 2022/356 also amends certain provisions related to the execution of contracts concluded before 25 June 2021 and the provision of financing, as well as financial and technical assistance, in relation to prohibited goods.

(5) 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:

(1) the title is replaced by the following: ‘Council Regulation (EC) No 765/2006 of 18 May 2006 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine’;

(2) in Article 1, point 7 is replaced by the following: ‘7.   “dual-use goods and technology” means the items listed in Annex I to Regulation (EU) 2021/821 of the European Parliament and of the Council(1). (1)  Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (OJ L 206, 11.6.2021, p.1).’;"

(3) in Article 1 the following points are added: ’17.   “financing or financial assistance” means any action, irrespective of the particular means chosen, whereby the person, entity or body concerned, conditionally or unconditionally, disburses or commits to disburse its own funds or economic resources, including but not limited to grants, loans, guarantees, suretyships, bonds, letters of credit, supplier credits, buyer credits, import or export advances and all types of insurance and reinsurance, including export credit insurance; payment, as well as terms and conditions of payment, of the agreed price for a good or a service, made in line with normal business practice, does not constitute financing or financial assistance.

(8) in Article 1h, the words ‘petroleum and gaseous hydrocarbon products’ are replaced by ‘mineral products’;

(9) in Article 1h, paragraph 3 is deleted;

(11) in Article 1k, paragraph 4 is deleted;

(12) in Article 1l, paragraph 3 is deleted;

(14) Article 8 is replaced by the following: ‘Article 8 The Commission shall be empowered to amend Annexes II and Vc on the basis of information supplied by Member States.’;

(15) Annex V to Regulation (EC) No 765/2006 is replaced by Annex I to this Regulation;

(16) Annex II to this Regulation is inserted in Regulation (EC) No 765/2006 as Annex Va;

(17) Annex III to this Regulation is inserted in Regulation (EC) No 765/2006 as Annex Vb;

(18) Annex IV to this Regulation is inserted in Regulation (EC) No 765/2006 as Annex Vc;

(19) Annex VI of Regulation (EC) No 765/2006 is amended as set out in Annex V to this Regulation;

(20) Annex VII of Regulation (EC) No 765/2006 is amended as set out in Annex VI to this Regulation;

(21) Annex VIII of Regulation (EC) No 765/2006 is amended as set out in Annex VII to this Regulation;

(22) Annex VIII to this Regulation is added to Regulation (EC) No 765/2006 as Annex X;

(23) Annex IX to this Regulation is added to Regulation (EC) No 765/2006 as Annex XI;

(24) Annex X to this Regulation is added to Regulation (EC) No 765/2006 as Annex XII;

(25) Annex XI to this Regulation is added to Regulation (EC) No 765/2006 as Annex XIII;

(26) Annex XII to this Regulation is added to Regulation (EC) No 765/2006 as Annex XIV.

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, 2 March 2022.

For the Council The President J.-Y. LE DRIAN

(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) OJ L 67, 2.3.2022.