Executive Summary:
Council Regulation (EU) 2021/996 amends Regulation (EC) No 765/2006 concerning restrictive measures against Belarus. The amendment introduces derogations to the freezing of funds and prohibition of making funds available to listed persons or entities. This regulation addresses unintended consequences of new designations following the forced landing of a Ryanair flight in Minsk on May 23, 2021 and entered into force on June 21, 2021.
Key Points / Main Content:
* **Amendment Overview:**
* Regulation (EC) No 765/2006 is amended to reflect new derogations.
* **Derogations to Asset Freezes and Funds Prohibition:**
* Competent authorities may authorize the release of frozen funds or economic resources under appropriate conditions for:
* Basic needs of listed persons and their families.
* Reasonable professional fees and expenses for legal services.
* Fees or service charges for routine holding or maintenance of frozen funds.
* Charges necessary for specific flight operations:
* Humanitarian purposes, evacuation/repatriation, or support for disaster victims.
* International adoption procedures.
* Attendance of meetings to resolve the crisis in Belarus or promote restrictive measure policies.
* Emergency landings, takeoffs, or overflights by EU air carriers.
* Critical air safety matters after consulting the European Union Aviation Safety Agency.
Impact Analysis:
* **Member State Competent Authorities:**
* Impact: Granted the authority to authorize the release of frozen funds under specific conditions.
* Action Required: Assess and authorize the release of funds based on the defined criteria and consult with the European Union Aviation Safety Agency where required.
* **Persons and Entities Listed in Annex I:**
* Impact: May have access to frozen funds released for basic needs, legal services, and maintenance of frozen assets.
* Action Required: Apply to competent authorities for access to funds, providing necessary justification.
* **EU Air Carriers:**
* Impact: May conduct emergency flights or flights related to humanitarian aid, evacuation, or meetings concerning the Belarus crisis, subject to authorization.
* Action Required: Ensure compliance with authorization requirements for flights falling under the derogations.
* **European Union Aviation Safety Agency:**
* Impact: Must be consulted regarding critical air safety matters related to the release of frozen funds.
* Action Required: Provide guidance and assessment on air safety matters when consulted by member state authorities.
Key Entities Referenced
Belarus: A country in Eastern Europe, and the subject of restrictive measures by the European Union.
European Union: A political and economic union of member states located primarily in Europe.
Council Regulation (EC) No 765/2006: A European Council regulation concerning restrictive measures in respect of Belarus. It is amended by Council Regulation EU 2021/996.
Council Regulation EU 2021/996: A European Council regulation amending Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus.
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 officeholder responsible for leading the Common Foreign and Security Policy (CFSP) of the European Union.
European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Minsk, Belarus: The capital and largest city of Belarus, where an unlawful forced landing of a Ryanair flight occurred.
21.6.2021 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 219 I/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL REGULATION (EU) 2021/996
of 21 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 of the High Representative of the Union for Foreign Affairs and Security Policy and of
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. It further prohibits Belarusian air carriers from landing in,
taking off from or overflying the territory of the Union.
(2) Regulation (EC) No 765/2006 gives effect to the measures provided for in Decision 2012/642/CFSP.
(3) Council Implementing Decision (CFSP) 2021/1002(3) introduces certain designations aimed at implementing 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. Council Decision (CFSP) 2021/1001(4) amends Decision
2012/642/CFSP by introducing certain new derogations to the freezing of funds and the prohibition to make funds
or economic resources available to listed persons or entities in order to avoid undesired consequences of those new
designations. Those derogations concern flights for humanitarian purposes, for the evacuation or repatriation of
persons, or for initiatives providing support to victims of natural, nuclear or chemical disasters, for the attendance
of meetings with the objective of seeking a solution to the crisis in Belarus or promoting the policy objectives of the
restrictive measures, and emergency flights as well as air safety matters. Those derogations need to be reflected in
Regulation (EC) No 765/2006.
(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 Implementing Decision (CFSP) 2021/1002 of 21 June 2021 implementing Decision 2012/642/CFSP concerning restrictive
measures in view of the situation in Belarus (see page 70 of this Official Journal).
(4) Council Decision (CFSP) 2021/1001 of 21 June 2021 amending Decision 2012/642/CFSP concerning restrictive measures in view of
the situation in Belarus (see page 67 of this Official Journal).L 219 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 21.6.2021
(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, this Regulation should enter into
force immediately,
HAS ADOPTED THIS REGULATION:
Article 1
Article 3(1) of Regulation (EC) No 765/2006 is replaced by the following:
‘1. By way of derogation from Article 2, the competent authorities in the Member States, as indicated in the websites
listed in Annex II, 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 they deem appropriate, after having determined that the
funds or economic resources are:
(a) necessary to satisfy the basic needs of persons listed in Annex I 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 payment of reasonable professional fees and reimbursement of incurred expenses associated
with the provision of legal services;
(c) intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or
economic resources;
(d) intended exclusively for the payment of a charge necessary for one of the following:
(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; or
(iv) an emergency landing, take-off or overflight by an EU air carrier; or
(e) necessary to deal with critical and clearly identified air safety matters and after prior consultation of the
European Union Aviation Safety Agency.’.
Article 2
This Regulation shall enter into force on the day 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 Luxembourg, 21 June 2021.
For the Council
The President
J. BORRELL FONTELLES