**Summary:**
Council Decision (CFSP) 2021/908, issued on June 4, 2021, amends Decision 2012/642/CFSP concerning restrictive measures against Belarus. This decision follows the European Council's condemnation of the forced landing of a Ryanair flight in Minsk on May 23, 2021, and the subsequent detention of journalist Raman Pratasevich and Sofia Sapega. The key provision of the amendment mandates that Member States deny permission for any aircraft operated by Belarusian air carriers, including those operating as marketing carriers, to land in, take off from, or overfly their territories. Exceptions are provided for emergency landings or overflights, or when a Member State determines that such action is required for humanitarian purposes or any other purpose consistent with the objectives of the Decision. In cases of such exceptions, the Member State must inform the other Member States and the Commission. The Decision entered into force on the day following its publication in the Official Journal of the European Union.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Council Decision CFSP 2021/908: A Council Decision of 4 June 2021 amending Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus.
Decision 2012/642/CFSP: Council Decision 2012/642/CFSP of 15 October 2012 concerning restrictive measures against Belarus.
Belarus: A country in Eastern Europe, against which restrictive measures are being imposed.
European Council: A collective body of heads of state or government of the European Union providing political direction.
Ryanair: An Irish low-cost airline whose flight was forced to land in Minsk, Belarus.
Minsk, Belarus: The capital city of Belarus, where the Ryanair flight was forced to land.
Raman Pratasevich: A journalist detained by Belarusian authorities following the forced landing of the Ryanair flight.
4.6.2021 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 L 197 I/3
DECISIONS
COUNCIL DECISION (CFSP) 2021/908
of 4 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 against
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 the
necessary measures to ban overflight of Union airspace by Belarusian airlines and prevent access to Union airports
of flights operated by such airlines.
(3) In view of the gravity of that incident, the Council has determined that Member States should be required to deny
permission to land in, take off from or overfly their territories to any aircraft operated by Belarusian air carriers,
including as a marketing carrier.
(4) Further action by the Union is needed in order to implement that measure.
(5) Decision 2012/642/CFSP should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
The following Article is inserted in Decision 2012/642/CFSP:
‘Article 2a
1. Member States shall deny permission to land in, take off from or overfly their territories to any aircraft operated by
Belarusian air carriers, including as a marketing carrier, in accordance with their national rules and laws and consistent
with international law, in particular relevant international civil aviation agreements.
2. Paragraph 1 shall not apply in the case of an emergency landing or an emergency overflight.
3. Paragraph 1 shall not apply in the event that the Member State or Member States concerned determine that a landing,
take-off or overflight is required for humanitarian purposes or any other purpose consistent with the objectives of this
Decision. In such event, the Member State or Member States concerned shall inform the other Member States and the
Commission.’.
(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 197 I/4 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 4.6.2021
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, 4 June 2021.
For the Council
The President
A. P. ZACARIAS