Date: 2021-11-16Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (CFSP) 2021/1990 of 15 November 2021 amending Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus
**Executive Summary:**
Council Decision CFSP 2021/1990, issued on November 15, 2021, amends Decision 2012/642/CFSP regarding restrictive measures against Belarus. The amendment expands designation criteria to target those facilitating the illegal crossing of the EU's external borders or the transfer of prohibited/restricted goods into Member States. This decision entered into force on the day following its publication in the Official Journal of the European Union.
**Key Points / Main Content:**
* **Amendment of Decision 2012/642/CFSP:** The decision modifies existing restrictive measures against Belarus.
* **Revised Designation Criteria:**
* Extends to individuals/entities involved in activities that facilitate the illegal crossing of the EU's external borders.
* Includes those involved in the transfer of prohibited/illegally transferred restricted goods, including hazardous goods, into a Member State.
* **Entry Restrictions (Article 3.1):**
* Member States must prevent entry/transit of individuals listed in the Annex who:
* Are responsible for human rights violations, repression, or undermining democracy in Belarus.
* Benefit from or support the Lukashenka regime.
* Organize or contribute to activities facilitating illegal border crossings or illegal transfer of goods into a Member State.
* **Asset Freezing (Article 4.1):**
* Freezing of funds and economic resources belonging to individuals/entities listed in the Annex who meet specific criteria:
* Those responsible for human rights violations, repression, or undermining democracy in Belarus.
* Those benefiting from or supporting the Lukashenka regime.
* Those involved in facilitating illegal border crossings or illegal transfers of goods into a Member State.
* Legal entities owned or controlled by those falling under the above criteria.
**Impact Analysis:**
**Member States:**
* *Impact:* Required to implement revised entry restrictions and asset freezing measures.
* *Action Required:* Amend national legislation and procedures to align with the updated designation criteria and ensure effective enforcement.
**Individuals and Entities:**
* *Impact:* Risk of being subjected to entry bans and asset freezes if found to be involved in activities targeted by the amended designation criteria.
* *Action Required:* Ensure compliance with EU regulations and avoid activities that could lead to designation under the restrictive measures.
**European Council:**
* *Impact:* The EU will continue countering the ongoing hybrid attack launched by the Belarusian regime, including by adopting further restrictive measures against persons and legal entities, in line with its gradual approach, as a matter of urgency.
* *Action Required:* Monitor the situation in Belarus and adjust measures as necessary.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Belarus: A country in Eastern Europe against which the European Union has imposed restrictive measures.
Council Decision CFSP 20211990: A Council Decision amending Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus.
Decision 2012/642/CFSP: A Council Decision concerning restrictive measures against Belarus, which is amended by Council Decision CFSP 20211990.
European Council: A collective body of the heads of state or government of the European Union member states.
High Representative of the Union for Foreign Affairs and Security Policy: The chief coordinator and representative of the Common Foreign and Security Policy (CFSP) within the European Union.
Lukashenka regime: The current political regime in Belarus, led by Alexander Lukashenko, against which the EU has imposed sanctions.
Brussels: The de facto capital city of the European Union, where the Council Decision was adopted.
L 405/10 EN Official Journal of the European Union 16.11.2021
COUNCIL DECISION (CFSP) 2021/1990
of 15 November 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 against
Belarus.
(2) On 21and 22 October 2021, the European Council adopted conclusions in which it declared that it will not accept
any attempt by third countries to instrumentalise migrants for political purposes, condemned all hybrid attacks at
the EU’s borders and affirmed that it will respond accordingly. It underlined the EU will continue countering the
ongoing hybrid attack launched by the Belarusian regime, including by adopting further restrictive measures against
persons and legal entities, in line with its gradual approach, as a matter of urgency.
(3) In view of the gravity of the situation, the Council considers that the designation criteria in Decision 2012/642/CFSP
should be amended to allow for the application of targeted restrictive measures against natural or legal persons,
entities or bodies 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.
(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 3(1) is replaced by the following:
‘1. Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of
persons listed in the Annex who:
(a) are 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, and any person
associated with them;
(b) benefit from or support the Lukashenka regime; or
(c) organise or contribute to activities by the Lukashenka regime that facilitate:
(i) the illegal crossing of the external borders of the Union; or
(ii) the transfer of prohibited goods and the illegal transfer of restricted goods, including hazardous goods, into the
territory of a Member State.’;
(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).16.11.2021 EN Official Journal of the European Union L 405/11
(2) Article 4(1) is replaced by the following:
‘1. All funds and economic resources belonging to, owned, held or controlled by persons, entities or bodies listed in
the Annex that meet any of the following criteria shall be frozen:
(a) 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, and any natural or legal persons, entities or bodies associated with such persons, entities or bodies;
(b) natural or legal persons, entities or bodies benefiting from or supporting the Lukashenka regime;
(c) natural or legal persons, entities or bodies organising or contributing to activities by the Lukashenka regime that
facilitate:
(i) the illegal crossing of the external borders of the Union; or
(ii) the transfer of prohibited goods and the illegal transfer of restricted goods, including hazardous goods, into the
territory of a Member State;
(d) legal persons, entities or bodies owned or controlled by persons, entities or bodies falling under point (a), (b) or (c).’.
Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 15 November 2021.
For the Council
The President
J. BORRELL FONTELLES