Executive Summary:
Council Decision (CFSP) 2021/1001, issued on June 21, 2021, amends Decision 2012/642/CFSP concerning restrictive measures against Belarus. This amendment responds to the forced landing of a Ryanair flight in Minsk on May 23, 2021. The decision adds one entity to the list of those subject to restrictive measures and modifies the conditions for authorizing derogations to the freezing of funds.
Key Points / Main Content:
Amendments to Decision 2012/642/CFSP:
* Article 5 is replaced, detailing conditions under which a Member State's competent authority may authorize the release of frozen funds or economic resources.
Authorisation Conditions:
* Funds necessary for basic needs of listed persons and their families (food, rent, medical, taxes, etc.).
* Funds intended for reasonable professional legal fees.
* Funds intended for routine holding or maintenance fees of frozen assets.
* Funds needed for extraordinary expenses, following notification to other authorities and the Commission.
* Payments into or from accounts of diplomatic missions, consular posts, or international organizations for official purposes.
* Payments for humanitarian flights, evacuation/repatriation flights, flights related to international adoption procedures, flights to seek solutions to the crisis in Belarus, emergency landings/takeoffs/overflights by EU carriers.
* Funds to address urgent air safety matters, after consulting the European Union Aviation Safety Agency.
* Member States must inform other Member States and the Commission of any authorization granted.
Addition to Annex:
* Belaeronavigatsia is added to the list of legal entities subject to restrictive measures due to its role in diverting flight FR4978 to Minsk on May 23, 2021.
* Belaeronavigatsia is deemed responsible for repression of civil society and democratic opposition in Belarus.
Impact Analysis:
Member States:
* Impact: Member states need to ensure compliance with the updated restrictive measures, including freezing assets of the newly listed entity. They are also responsible for authorising derogations and informing other member states and the commission.
* Action Required: Update national regulations and procedures to reflect the new listing and amended conditions for derogations.
European Union Aviation Safety Agency:
* Impact: The agency is to be consulted on urgent air safety matters relating to Belarus
* Action Required: Provide required consultation on urgent air safety matters.
Belaeronavigatsia:
* Impact: Subject to asset freezes and other restrictive measures.
* Action Required: Comply with all restrictive measures imposed.
Key Entities Referenced
COUNCIL DECISION CFSP 2021/1001: Council Decision CFSP 2021/1001 of 21 June 2021 amending Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus.
European Union: An international organization consisting of European countries.
Treaty on European Union: The Treaty on European Union is one of the two founding treaties of the European Union.
High Representative of the Union for Foreign Affairs and Security Policy: The High Representative of the Union for Foreign Affairs and Security Policy is a role within the European Union responsible for representing the EU's foreign policy.
Decision 2012/642/CFSP: Council Decision 2012/642/CFSP of 15 October 2012 concerning restrictive measures in view of the situation in Belarus.
Belarus: A country in Eastern Europe, subject to restrictive measures by the European Union.
Minsk, Belarus: The capital city of Belarus, where the Ryanair flight was forced to land.
Belaeronavigatsia Stateowned Enterprise: A Belarusian state-owned enterprise responsible for Belarusian air traffic control, added to the list of entities subject to restrictive measures.
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COUNCIL DECISION (CFSP) 2021/1001
of 21 June 2021
amending Decision 2012/642/CFSP concerning restrictive measures in view of the situation in
Belarus
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union and in particular Article 29 thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) On 15 October 2012, the Council adopted Decision 2012/642/CFSP(1)concerning restrictive measures in view of
the situation in Belarus.
(2) On 24 and 25 May 2021, the European Council adopted conclusions in which it strongly condemned the forced
landing of a Ryanair flight in Minsk, Belarus, on 23 May 2021 endangering aviation safety, and the detention by
Belarusian authorities of journalist Raman Pratasevich and Sofia Sapega. It called on the Council to adopt additional
listings of persons and entities as soon as possible on the basis of the relevant sanctions framework.
(3) In view of the gravity of that incident, one further entity should be included in the list of natural and legal persons,
entities and bodies subject to restrictive measures set out in the Annex to Decision 2012/642/CFSP. In order to
avoid undesired consequences of this listing, it is necessary to amend the list of instances where the competent
authority of a Member State may authorise derogations to the freezing of funds and the prohibition to make funds
or economic resources available to listed persons or entities.
(4) Decision 2012/642/CFSP should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2012/642/CFSP is amended as follows:
(1) Article 5(1) is replaced by the following:
‘Article 5
1. The competent authority of a Member State may authorise the release of certain frozen funds or economic
resources or the making available of certain funds or economic resources, under such conditions as it deems
appropriate, after having determined that the funds or economic resources concerned are:
(a) necessary to satisfy the basic needs of any person listed in the Annex and their dependent family members,
including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance
premiums, and public utility charges;
(b) intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses
associated with the provision of legal services;
(c) intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen
funds or economic resources;
(d) necessary for extraordinary expenses, provided that the competent authority has notified the grounds on which it
considers that a specific authorisation should be granted to the other competent authorities and the Commission
at least two weeks prior to the authorisation;
(1) Council Decision 2012/642/CFSP of 15 October 2012 concerning restrictive measures in view of the situation in Belarus (OJ L 285,
17.10.2012, p. 1).L 219 I/68 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 21.6.2021
(e) to be paid into or from an account of a diplomatic mission or consular post or an international organisation
enjoying immunities in accordance with international law, in so far as such payments are intended to be used for
official purposes of the diplomatic mission or consular post or international organisation;
(f) intended exclusively for the payment of a charge necessary for:
(i) the operation of flights for humanitarian purposes, for the evacuation or repatriation of persons, or for
initiatives providing support to victims of natural, nuclear or chemical disasters;
(ii) the operation of flights in the framework of international adoption procedures;
(iii) the operation of flights required for attending meetings with the objective of seeking a solution to the crisis in
Belarus or promoting the policy objectives of the restrictive measures;
(iv) an emergency landing, take-off or overflight by an EU air carrier; or
(g) necessary to deal with urgent and clearly identified air safety matters and after prior consultation of the
European Union Aviation Safety Agency.
Member States shall inform the other Member States and the Commission of any authorisation granted under this
Article.’.
(2) The Annex to Decision 2012/642/CFSP is amended in accordance with the Annex to this Decision.
Article 2
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
Done at Luxembourg, 21 June 2021.
For the Council
The President
J. BORRELL FONTELLESANNEX
The Annex to Decision 2012/642/CFSP is amended as follows:
(1) the following legal person is added to table ‘B. Legal persons, entities or bodies referred to in Article 4(1)’:
Names
Transcription of Names
Belarusian spelling (Belarusian spelling) Identifying Information Reasons for listing Date of listing
Transcription of (Russian spelling)
Russian spelling
‘15. Belaeronavigatsia Belarusian: Address: 19 Korotkevich Str., Minsk, State-owned Enterprise BELAERONAVIGATSIA is responsible for 21.6.2021’
State-owned Белаэронавiгация 220039, Republic of Belarus Belarusian air traffic control. It therefore bears responsibility for
enterprise Дзяржаўнае Tel.: +375 (17) 215-40-51 diverting passenger flight FR4978 to Minsk airport without proper
прадпрыемства Fax: +375 (17) 213-41-63 justification on 23 May 2021. This politically motivated decision was
Russian: Website: http://www.ban.by/ aimed at arresting and detaining opposition journalist Raman
Белаэронавигация Email: office@ban.by Pratasevich and Sofia Sapega and is a form of repression against civil
Государственное Date of registration: 1996 society and democratic opposition in Belarus.
предприятие The BELAERONAVIGATSIA State-owned Enterprise is therefore
responsible for the repression of civil society and democratic
opposition.
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