Executive Summary:
Council Regulation (EU) 2021/907 amends Regulation (EC) No 765/2006 concerning restrictive measures against Belarus. This amendment follows the forced landing of a Ryanair flight in Minsk on May 23, 2021. The regulation prohibits Belarusian air carriers from landing in, taking off from, or overflying the territory of the Union, with specific exceptions for emergencies or authorized humanitarian/consistent purposes. The regulation entered into force on June 5, 2021.
Key Points / Main Content:
* **Definitions:**
* Defines "Belarusian air carrier" as an air transport undertaking holding a valid operating license issued by Belarus.
* **Flight Restrictions:**
* Prohibits aircraft operated by Belarusian air carriers from landing in, taking off from, or overflying the territory of the EU.
* Includes operations as a marketing carrier in code-sharing or blocked-space arrangements.
* **Exceptions:**
* Exempts emergency landings or overflights from the flight restrictions.
* **Authorizations:**
* Allows competent authorities in Member States to authorize flights for humanitarian purposes or any other purpose consistent with the objectives of the Regulation.
* Requires Member States granting authorization to inform other Member States and the Commission.
Impact Analysis:
* **Belarusian Air Carriers:**
* *Impact:* Significantly restricted access to EU airspace, impacting operations and potentially revenue.
* *Action Required:* Must adhere to the flight restrictions and cannot land, take off, or overfly the EU territory unless in an emergency or with specific authorization.
* **EU Member States:**
* *Impact:* Responsible for enforcing the flight restrictions and granting authorizations for exceptions.
* *Action Required:* Must implement the regulation, monitor flights, and process authorization requests. They also need to inform other Member States and the Commission of any authorization granted.
* **European Commission:**
* *Impact:* Oversees the implementation of the regulation.
* *Action Required:* Receives information from Member States regarding authorized flights and ensures consistent application of the regulation.
* **Passengers/Travelers:**
* *Impact:* Potential disruption to travel plans involving Belarusian air carriers.
* *Action Required:* Check flight status and make alternative travel arrangements if affected by the restrictions.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Council Regulation (EU) 2021/907: A regulation of the Council of the European Union amending Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus.
Regulation (EC) No 765/2006: A Council Regulation concerning restrictive measures in respect of Belarus.
Belarus: A country in Eastern Europe subject to restrictive measures by the European Union.
Council Decision 2012/642/CFSP: A Council Decision concerning restrictive measures in view of the situation in Belarus.
High Representative of the Union for Foreign Affairs and Security Policy: An office within the European Union responsible for foreign policy.
European Commission: An executive branch of the European Union responsible for proposing legislation, implementing decisions, and managing the day-to-day business of the EU.
Minsk, Belarus: Capital city of Belarus, where the Ryanair flight incident occurred.
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/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL REGULATION (EU) 2021/907
of 4 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.
(2) Regulation (EC) No 765/2006 gives effect to the measures provided for in Decision 2012/642/CFSP.
(3) Council Decision (CFSP) 2021/908(3)amending Decision 2012/642/CFSP was adopted pursuant to the conclusions
of the European Council of 24and 25 May 2021following the unlawful forced landing of an intra-EU Ryanair flight
in Minsk, Belarus, on 23 May 2021. That incident, which demonstrated the unreliability of the Belarusian aviation
authorities, endangered aviation safety on the basis of fabricated evidence with the objective of enabling the
detention by Belarusian authorities of journalist and opposition blogger Raman Pratasevich and Sofia Sapega, and
constituted a further step in the repression of civil society and democratic opposition in Belarus.
(4) Regulation (EC) No 765/2006 should therefore be amended accordingly.
(5) In order to ensure that the measures provided for in this Regulation are effective, it should enter into force
immediately,
(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) 2021/908 of 4 June 2021 amending Decision 2012/642/CFSP concerning restrictive measures in view of the
situation in Belarus (see page 3 of this Official Journal).L 197 I/2 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
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 765/2006 is amended as follows:
(1) in Article 1, the following point is added:
‘7. “Belarusian air carrier”means an air transport undertaking holding a valid operating licence or equivalent issued by
the competent authorities of Belarus.’;
(2) the following articles are inserted:
‘Article 8b
1. It shall be prohibited for any aircraft operated by Belarusian air carriers, including as a marketing carrier in code-
sharing or blocked-space arrangements, to land in, take off from or overfly the territory of the Union.
2. Paragraph 1 shall not apply in the case of an emergency landing or an emergency overflight.
Article 8c
1. By way of derogation from Article 8b, the competent authorities in the Member States as listed in Annex II may
authorise an aircraft to land in, take off from or overfly the territory of the Union if those competent authorities have
determined that such landing, take-off or overflight is required for humanitarian purposes or any other purpose
consistent with the objectives of this Regulation.
2. The Member State or Member States concerned shall inform the other Member States and the Commission of any
authorisation granted under paragraph 1.’.
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, 4 June 2021.
For the Council
The President
A. P. ZACARIAS