This document is an excerpt from the EUR-Lex website
Document 32024R1865
Council Regulation (EU) 2024/1865 of 29 June 2024 amending Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine
Council Regulation (EU) 2024/1865 of 29 June 2024 amending Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine
Council Regulation (EU) 2024/1865 of 29 June 2024 amending Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine
ST/9636/2024/ADD/1
OJ L, 2024/1865, 30.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1865/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
|
Official Journal |
EN L series |
|
2024/1865 |
30.6.2024 |
COUNCIL REGULATION (EU) 2024/1865
of 29 June 2024
amending Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine
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 (CFSP) 2024/1864 of 29 June 2024 amending Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine (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) |
On 18 May 2006, the Council adopted Regulation (EC) No 765/2006 (2). |
|
(2) |
Regulation (EC) No 765/2006 gives effect to the measures provided for in Council Decision 2012/642/CFSP (3). |
|
(3) |
On 29 June 2024, the Council adopted Decision (CFSP) 2024/1864. |
|
(4) |
Decision (CFSP) 2024/1864 further extends the export ban on dual-use and advanced goods and technologies and introduces further export restrictions on goods which could contribute in particular to the enhancement of Belarusian industrial capacities. |
|
(5) |
Furthermore, in order to minimise the risk of circumvention of restrictive measures, Decision (CFSP) 2024/1864 prohibits the transit via the territory of Belarus of dual-use goods and technology, goods and technology which might contribute to Belarus’s military and technological enhancement or to the development of its defence and security sector, goods which could contribute in particular to the enhancement of Belarusian industrial capacities, goods and technology suited for use in aviation or the space industry, and arms exported from the Union. |
|
(6) |
Decision (CFSP) 2024/1864 imposes further restrictions on exports to Belarus, in particular concerning maritime navigation goods and technology and luxury goods. |
|
(7) |
Decision (CFSP) 2024/1864 also imposes a prohibition on the direct or indirect import, purchase or transfer of diamonds from Belarus, which applies to diamonds originating in Belarus, diamonds exported from Belarus and diamonds transiting Belarus. That prohibition applies to non-industrial natural and synthetic diamonds as well as to diamond jewellery. |
|
(8) |
Moreover, Decision (CFSP) 2024/1864 enlarges the import ban on mineral products to include crude oil and introduces a new export ban on goods and technology suitable for use in oil refining and liquefaction of natural gas. |
|
(9) |
This Regulation should clarify that the prohibitions relating to oil are without prejudice for the time being to the transit through Belarus of crude oil which is delivered by pipeline from Russia into Member States. |
|
(10) |
Furthermore, Decision (CFSP) 2024/1864 prohibits the provision of certain services to the Republic of Belarus, its Government, its public bodies, corporations or agencies or to any natural or legal person, entity or body acting on their behalf or at their direction by prohibiting the provision of accounting services, auditing services, including statutory audit, bookkeeping services, tax consulting services, business and management consulting, and public relations services. |
|
(11) |
Pursuant to Annex II to Regulation (EC) No 184/2005 of the European Parliament and of the Council (4), accounting, auditing, bookkeeping and tax consultancy services cover the recording of commercial transactions for businesses and others, examination services regarding accounting records and financial statements, business tax planning and consulting, and the preparation of tax documents. Business and management consulting and public relations services cover advisory, guidance and operational assistance services provided to businesses for business policy and strategy and the overall planning, structuring and control of an organisation. Management fees, management auditing, market management, human resources, production management and project management consulting, and advisory, guidance and operational services related to improving the image of clients and their relations with the general public and other institutions are also included. |
|
(12) |
Furthermore, Decision (CFSP) 2024/1864 prohibits the provision of architectural and engineering services as well as of IT consultancy services and legal advisory services to Belarus. In line with the Central Products Classification set out by the Statistical Office of the United Nations in Statistical Papers, Series M, No 77, CPC prov., 1991, ‘architectural and engineering services’ covers both architectural and engineering services as well as integrated engineering services, urban planning and landscape architectural services and engineering-related scientific and technical consulting services. The provision of technical assistance related to goods exported to Belarus continues to be allowed, provided that the sale, supply, transfer or export of such goods is not prohibited under this Regulation at the time at which such technical assistance is provided. Also in line with that Central Products Classification, ‘IT consultancy services’ covers consultancy services related to the installation of computer hardware, including assistance services to clients in the installation of computer hardware, consisting of physical equipment, and computer networks, and software implementation services, including all services involving consultancy services on the development of and implementation of software. In line with that same classification, ‘legal advisory services’ covers the provision of legal advice to customers in non-contentious matters, including commercial transactions, involving the application or interpretation of law, participation with or on behalf of clients in commercial transactions, negotiations and other dealings with third parties, and the preparation, execution and verification of legal documents. However, ‘legal advisory services’ does not include any representation, advice, preparation of documents or verification of documents in the context of legal representation services, namely in matters or proceedings before administrative agencies, courts or other duly constituted official tribunals, or in arbitral or mediation proceedings. |
|
(13) |
Decision (CFSP) 2024/1864 also prohibits the provision of certain services to the Republic of Belarus, its Government, its public bodies, corporations or agencies or to any natural or legal person, entity or body acting on their behalf or at their direction by banning the provision of advertising, market research and public opinion polling services, as well as product testing and technical inspection services. In line with the Central Products Classification set out by the Statistical Office of the United Nations in Statistical Papers, Series M, No 77, CPC prov., 1991, ‘Market research and public opinion polling services’ covers market research services and public opinion polling services. Also in line with that Central Products Classification, ‘technical testing and analysis services’ covers composition and purity testing and analysis services, testing and analysis services of physical properties, testing and analysis services of integrated mechanical and electrical systems, technical inspection services, as well as other technical testing and analysis services. The provision of technical assistance related to goods exported to Belarus continues to be allowed, provided that the sale, supply, transfer or export of such goods is not prohibited under this Regulation at the time at which such technical assistance is provided. In line with that same classification, ‘advertising services’ covers sale or leasing services relating to advertising space or time, services relating to the planning, creating and placement of advertising, and other advertising services. |
|
(14) |
Decision (CFSP) 2024/1864 also introduces derogations required for the setting-up, certification or evaluation of a firewall removing the control exercised by a listed person over the assets of a non-listed Union entity which the listed person owns or controls, and ensuring that no benefit accrues to the latter, thus allowing that entity to continue its business operations. |
|
(15) |
In order to ensure alignment with the interpretation of the Court of Justice of the European Union in Case C-72/11, Decision (CFSP) 2024/1864 amends the provision prohibiting circumvention to clarify that the requirements of knowledge and intent are met not only where a person deliberately seeks the object or effect of circumventing restrictive measures but also where a person participating in an activity having the object or effect of circumventing restrictive measures is aware that such participation may have that object or that effect, and accepts that possibility. |
|
(16) |
With a view to increasing awareness of enforcement action, it is appropriate that Member States report about penalties imposed for violations of the restrictive measures. |
|
(17) |
In line with the Union’s common foreign and security policy objectives of preserving peace, reinforcing international security and promoting international cooperation, democracy and the rule of law, and more specifically the objectives pursued by Decision 2012/642/CFSP, it is appropriate to ensure that the documents held by the Council, the Commission and the High Representative of the Union for Foreign Affairs and Security Policy (‘the High Representative’) concerning the enforcement of the restrictive measures set out in Regulation (EC) No 765/2006, or concerning the prevention of the violation or circumvention of those measures, are subject to professional secrecy and enjoy the protection afforded by the rules applicable to the Union institutions, since information contained in those documents could be used to obstruct the enforcement of those measures or to compromise their effectiveness, given that the persons and entities concerned could act in such a way as to prevent their enforcement. That protection should also be ensured for joint proposals from the High Representative and the Commission for the amendment of Regulation (EC) No 765/2006 and any related preparatory documents, as their disclosure might affect the effectiveness of the measures set out in Regulation (EC) No 765/2006 and the preparation of, and negotiation on the basis of, future proposals. Certain measures which are included in such proposals, and which cannot be adopted by the Council for various reasons, are often included by the High Representative and the Commission in subsequent proposals. It is important to protect that power of initiative from any influence exerted by public or private interests that attempt, outside of organised consultations, to compel the Union institutions and Union services to propose, adopt, amend or agree on an amendment. Their disclosure could render the possible new measures ineffective due to the fact that their intended adoption would have already been revealed. Thus, it should be presumed that disclosure of those documents would harm the security of the Union or that of one or more of its Member States or the conduct of their international relations. |
|
(18) |
Furthermore, Decision (CFSP) 2024/1864 introduces an import ban on goods which allow Belarus to diversify its sources of revenue, thereby enabling its involvement in the Russian aggression against Ukraine. That prohibition includes coal and other products. |
|
(19) |
In addition, Decision (CFSP) 2024/1864 permits Member States to allow the entry into the Union of personal effects which do not pose significant circumvention concerns, such as personal hygiene items, or clothing worn by travellers or contained in their luggage, and which are clearly intended for their or their family members’ strict personal use. It also provides for exceptions allowing cars to enter the Union under specific circumstances. The situation of cars from Belarus which are already in the territory of the Union may be regularised by Member States. |
|
(20) |
Decision (CFSP) 2024/1864 imposes a prohibition on the direct or indirect import, purchase or transfer of gold. That prohibition applies to gold of Belarusian origin, exported from Belarus after the entry into force of this Regulation. |
|
(21) |
Decision (CFSP) 2024/1864 imposes further restrictive measures in various sectors, particularly in the energy and aviation sectors. |
|
(22) |
In order to ensure the correct implementation of the measures set out in Regulation (EC) No 765/2006, it is appropriate to extend the exemption from the prohibition on the transport of goods by road transport undertakings established in Belarus to all diplomatic and consular representations in Belarus. Decision (CFSP) 2024/1864 also extends the prohibition on the transport of goods by road in the Union by trailers and semi-trailers registered in Belarus, including when hauled by trucks registered outside of Belarus. In order to minimise the risk of circumvention, Decision (CFSP) 2024/1864 amends the prohibition in Decision 2012/642/CFSP on the transport of goods by road within the territory of the Union, including in transit. Union operators which are owned for 25 % or more by a Belarusian natural or legal person should be prohibited from becoming a road transport undertaking or from transporting goods by road in the Union, including in transit. The prohibition does not apply to road transport undertakings owned by dual nationals or Belarusian nationals having a temporary or permanent residence permit in a Member State. Road transport undertakings should disclose their ownership structure to the national competent authorities, upon their request. |
|
(23) |
Decision (CFSP) 2024/1864 introduces a further criterion for the listing of natural or legal persons, entities or bodies subject to asset freeze and the prohibition to make funds and economic resources available to designated persons and entities. |
|
(24) |
Member States and the Commission should inform each other of the measures taken pursuant to this Regulation and of any other relevant information at their disposal in connection with this Regulation. |
|
(25) |
In order to facilitate divestment from the Belarusian market by Union operators, Decision (CFSP) 2024/1864 introduces temporary derogations from the prohibitions on the import and export of goods and on certain services set out in Regulation (EC) No 765/2006. To facilitate an expeditious exit from the Belarusian market, those derogations are temporary and limited in scope. The divestment derogation from those import and export prohibitions should enable the sale, supply or transfer of certain goods, or their import into the Union, until 2 January 2025 and should apply only to those goods that were already physically located in Belarus at the time when the relevant prohibitions entered into force. The divestment derogation on providing certain services should enable until 2 January 2025 the continuation of the provision of services to and for the exclusive benefit of the legal persons, entities or bodies resulting from divestment. Additionally, national competent authorities should ensure that prohibited goods remaining in Belarus as a result of divestment do not benefit military end-users or have a military-end use and that services are not provided to the Government of Belarus or for the benefit of military end-users and do not have a military-end use. |
|
(26) |
In order to ensure legal certainty concerning the treatment of imports, Decision (CFSP) 2024/1864 provides for rules on the release by the customs authorities of the Member States of goods which are physically located in the Union and which had already been presented to such customs authorities when they became subject to restrictive measures. The possibility of release of goods applies regardless of the procedures under which the goods were placed after presentation to customs authorities by way of, inter alia, transit, inward processing, or release for free circulation, or of the procedural steps and formalities pursuant to the Union Customs Code necessary for such release. Decision (CFSP) 2024/1864 also authorises Member States to release goods already brought into the Union. That authorisation is necessary for the benefit of the Union operators that brought those goods into the Union in good faith at a time when they were not yet subject to any import-related restrictive measures, including when their import was still allowed during a winding down period. The competent authorities of the Member States should ensure that the release of those goods and any payment related to them comply with the provisions and objectives of the Union’s restrictive measures. Similarly, any decision not to release such goods should comply with the objectives of those measures and ensure, inter alia, that those goods are not returned to Belarus. |
|
(27) |
Decision (CFSP) 2024/1864 also requires that exporters contractually prohibit the re-exportation to Belarus or re-exportation for use in Belarus of sensitive goods and technology as listed in Annexes XVI, XVII, XXVIII and XXX to Regulation (EC) No 765/2006, common high priority items, or firearms and ammunition as listed in Annex I to Regulation (EU) No 258/2012 of the European Parliament and of the Council (5) (‘no-Belarus clause’). |
|
(28) |
The Commission will assess the impact that the entry into force of the obligation to use a ‘no-Belarus clause’ has on deterring circumvention. It will also assess very closely trade data, export statistics and other information concerning circumvention patterns regarding those goods, including the role that subsidiaries of Union operators in third countries may play in such patterns. On that basis, the Commission will assess whether the ‘no-Belarus clause’ is fit for purpose and consider any other appropriate actions to curb Belarus’s access to sensitive goods which could be further exported to Russia, thereby enabling the latter to pursue the war in Ukraine, including the possibility of requiring Union operators to ensure that their subsidiaries in third countries also use the ‘no-Belarus clause’. |
|
(29) |
To help combat the re-exportation of common high priority items, as listed in Annex XXX to Regulation (EC) No 765/2006, found on the battlefield in Ukraine or critical to the development, production or use of Russian military systems, Decision (CFSP) 2024/1864 requires Union operators that are selling, supplying, transferring or exporting common high priority items to third countries, other than the countries listed in Annex Vba to Regulation (EC) No 765/2006, to implement due diligence mechanisms capable of identifying and assessing risks of exportation to Belarus and mitigating such risks. Moreover, Decision (CFSP) 2024/1864 requires Union operators to ensure that legal persons, entities and bodies established outside the Union that they own or control also implement those requirements. |
|
(30) |
Where Regulation (EC) No 765/2006 requires Union operators to ensure that legal persons, entities and bodies established outside the Union that they own or control conduct certain actions to prevent the exportation or re-exportation of goods or technology to Belarus, such requirements should be pursued to the extent that is permitted by the legislation of the third country where the legal person, entity or body in question is established. |
|
(31) |
In order to ensure the correct implementation of the measures set out in Regulation (EC) No 765/2006, it is necessary to amend the list of machinery set out in Annex XIV to that Regulation. |
|
(32) |
It is appropriate to introduce a provision to enable Member State nationals and companies to obtain compensation from Belarusian individuals and entities that caused damages to them. That includes damage caused to the companies they own or control, in connection with a contract or a transaction the performance of which was affected by the measures imposed under Regulation (EC) No 765/2006, provided that the Member State national or company concerned does not have effective access to remedies, for example under the relevant bilateral investment treaty. Compensation may be claimed before Member State courts in accordance with the relevant provisions of Union and Member State law regarding jurisdiction and court procedures in civil and commercial matters, including those concerning possible interim relief procedures. |
|
(33) |
It is appropriate to require that Union operators undertake their best efforts to ensure that legal persons, entities and bodies established outside the Union that they own or control do not participate in activities that undermine the restrictive measures provided for in Regulation (EC) No 765/2006. Such activities are those resulting in an effect that those restrictive measures seek to prevent, for example, that a recipient in Belarus obtains goods, technology, financing or services of a type that is subject to prohibitions under Regulation (EC) No 765/2006. |
|
(34) |
Best efforts should be understood as comprising all actions that are suitable and necessary to achieve the result of preventing the undermining of the restrictive measures in Regulation (EC) No 765/2006. Those actions can include, for example, the implementation of appropriate policies, controls and procedures to mitigate and manage risk effectively, considering factors such as the third country of establishment, the business sector and the type of activity of the legal person, entity or body that is owned or controlled by the Union operator. At the same time, best efforts should be understood as comprising only actions that are feasible for the Union operator in view of its nature, its size and the relevant factual circumstances, in particular the degree of effective control over the legal person, entity or body established outside the Union. Such circumstances include the situation where the Union operator, due to reasons that it did not cause itself, such as the legislation of a third country, is not able to exercise control over a legal person, entity or body that it owns. |
|
(35) |
Where a natural or legal person voluntarily, completely and in due time discloses a violation of the restrictive measures, it should be possible for national competent authorities to take that self-disclosure into account when applying penalties, as appropriate, in accordance with national administrative law or with other relevant national law or rules. The measures taken by Member States pursuant to Directive (EU) 2024/1226 of the European Parliament and of the Council (6) and the requirements contained therein regarding mitigating circumstances apply. |
|
(36) |
Regulation (EC) No 765/2006 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 765/2006 is amended as follows:
|
(1) |
Article 1 is amended as follows:
|
|
(2) |
in Article 1b(1), point (a) is replaced by the following:
|
|
(3) |
Article 1ba is amended as follows:
|
|
(4) |
the following article is inserted: ‘Article 1bb 1. It shall be prohibited to sell, supply, transfer or export, directly or indirectly, goods which could contribute in particular to the enhancement of Belarusian industrial capacities, whether or not originating in the Union, as listed in Annex XVIII, to any natural or legal person, entity or body in Belarus or for use in Belarus. 2. The transit via the territory of Belarus of the goods and technology as listed in Annex XIX, exported from the Union, shall be prohibited. 3. It shall be prohibited to:
4. The prohibitions in paragraph 1 and 3 shall not apply to the execution until 2 October 2024 of contracts concluded before 1 July 2024, or of ancillary contracts necessary for the execution of such contracts. 5. With regard to the goods falling under CN code 2602, the prohibitions in paragraphs 1 and 3 shall not apply to the execution until 2 August 2024 of contracts concluded before 1 July 2024, or of ancillary contracts necessary for the execution of such contracts. 6. With regard to the goods falling under CN code 8708 99 , the prohibitions in paragraphs 1 and 3 shall not apply to the execution until 2 January 2025 of contracts concluded before 1 July 2024, or of ancillary contracts necessary for the execution of such contracts. 7. The prohibitions referred to in paragraph 1 and 3 shall not apply to goods which are necessary for the official purposes of diplomatic or consular missions of Member States or partner countries in Belarus or of international organisations enjoying immunities in accordance with international law, or to the personal effects of their staff. 8. The competent authorities of the Member States may authorise, under the conditions they deem appropriate, the sale, supply, transfer or export of the goods and technology listed in Annex XVIII, or the provision of related technical or financial assistance, after having determined that such goods or technology or the provision of related technical or financial assistance are necessary for:
9. The competent authorities of the Member States may authorise, under the conditions they deem appropriate, the sale, supply, transfer or export of the goods falling under CN code 8417 20 , or the provision of related technical or financial assistance, after having determined that such goods or the provision of related technical or financial assistance are necessary for the personal household use of natural persons. 10. By way of derogation from paragraph 2, the competent authorities may authorise the transit via the territory of Belarus of goods and technology which could contribute in particular to the enhancement of Belarusian industrial capacities as listed in Annex XIX, after having determined that such goods or technology are intended for the purposes set out in paragraph 8. 11. The prohibitions in paragraphs 1, 2 and 3 shall not apply to the sale, supply, transfer or export of the goods and technology referred to in paragraph 1 or to the related provision of technical and financial assistance, for non-military use and for a non-military end-user, intended for health emergencies, the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or the environment, or as a response to natural disasters. 12. By way of derogation from paragraphs 1 and 3, the competent authorities of the Member States may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export of the goods and technology falling under CN codes 3917, 8523 and 8536, as listed in Annex XVIII, or the provision of related technical or financial assistance, after having determined that those goods or the provision of related technical or financial assistance are necessary for the purposes of maintenance or repair of medical devices. 13. The competent authorities of the Member States may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export of the following goods, or the provision of related technical or financial assistance, after having determined that such goods or the provision of related technical or financial assistance are necessary for personal household use of natural persons in Belarus:
14. The competent authorities of the Member States may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export of the goods falling under CN code 3917 10 , or the provision of related technical or financial assistance, after having determined that such goods are sold, supplied, transferred or exported strictly for the production of food items for human consumption in Belarus. 15. When deciding on requests for authorisations for the purposes included in paragraphs 8, 9, 10, 12, 13 and 14, the competent authorities shall not grant an authorisation for exports to any natural or legal person, entity or body in Belarus or for use in Belarus, if they have reasonable grounds to believe that the goods might have a military end use. 16. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 8, 9, 10, 12, 13 and 14 within 2 weeks of the authorisation.’ |
|
(5) |
Article 1e is amended as follows:
|
|
(6) |
Article 1f is amended as follows:
|
|
(7) |
in Article 1fa, paragraph 1 is replaced by the following: ‘1. With regard to the natural or legal persons, entities or bodies listed in Annex V, by way of derogation from Article 1e(1) and (2) and Article 1f(1) and (2), and without prejudice to the authorisation requirements of Regulation (EU) 2021/821, the competent authorities may only authorise the sale, supply, transfer or export of dual-use goods and technology, and goods and technology listed in Annex Va, or the provision of related technical or financial assistance, after having determined that such goods or technology or the related technical or financial assistance are:
|
|
(8) |
in Article 1fb, paragraph 2 is replaced by the following: ‘2. All authorisations referred to in Articles 1e, 1f and 1fa shall be issued by electronic means, whenever possible, on forms containing at least all the elements of, and in the order provided for in, the models set out in Annex Vc.’ |
|
(9) |
Article 1fc is amended as follows:
|
|
(10) |
the following article is inserted: ‘Article 1fd 1. It shall be prohibited to sell, supply, transfer or export, directly or indirectly, maritime navigation goods and technology, as listed in Annex XXIV, whether or not originating in the Union, to any natural or legal person, entity or body in Belarus or for use in Belarus. 2. It shall be prohibited to:
3. The prohibitions in paragraphs 1 and 2 shall not apply to the sale, supply, transfer or export of the goods and technology referred to in paragraph 1 or to the related provision of technical and financial assistance, for non-military use and for a non-military end-user, intended for humanitarian purposes, health emergencies, the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or the environment, or as a response to natural disasters.’ |
|
(11) |
the following articles are inserted: ‘Article 1ga 1. It shall be prohibited to sell, supply, transfer or export, directly or indirectly, luxury goods, whether or not originating in the Union, as listed in Annex XXV, to any natural or legal person, entity or body in Belarus or for use in Belarus. 2. It shall be prohibited to:
3. The prohibition referred to in paragraphs 1 and 2 shall apply to luxury goods listed in Annex XXV insofar as their value exceeds EUR 300 per item, unless otherwise specified in that Annex. 4. The prohibition referred to in paragraph 1 shall not apply to goods which are necessary for the official purposes of diplomatic or consular missions of Member States or partner countries in Belarus or of international organisations enjoying immunities in accordance with international law, or to the personal effects of their staff. 5. The prohibition in paragraph 1 shall not apply to goods falling under CN codes 7113 00 00 and 7114 00 00 , as listed in Annex XXV, for the personal use of natural persons travelling from the Union or members of their immediate families travelling with them, owned by those individuals and not intended for sale. 6. By way of derogation from paragraph 1, the competent authorities may authorise the transfer or export to Belarus of cultural goods which are on loan in the context of formal cultural cooperation with Belarus. 7. The Member State concerned shall inform the other Member States and the Commission of any authorisations granted under paragraph 6 within 2 weeks of the authorisation. Article 1gb 1. It shall be prohibited to:
2. By way of derogation from paragraph 1, the competent authorities may authorise, under such conditions as they deem appropriate, any activity referred to in paragraph 1 after having determined that:
3. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 2 within 2 weeks of the authorisation. Article 1gc 1. It shall be prohibited to sell, supply, transfer, or export, directly or indirectly, goods and technology suited for use in oil refining and liquefaction of natural gas, as listed in Annex XX, whether or not originating in the Union, to any natural or legal person, entity or body in Belarus or for use in Belarus. 2. It shall be prohibited to:
3. The prohibitions in paragraphs 1 and 2 shall not apply to the execution until 2 October 2024 of contracts concluded before 1 July 2024, or of ancillary contracts necessary for the execution of such contracts. 4. By way of derogation from paragraphs 1 and 2, the competent authorities may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export of the goods and technology listed in Annex XX or the provision of related technical or financial assistance, after having determined that such goods or technology or the provision of related technical or financial assistance are necessary for the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or the environment. In duly justified cases of emergency, the sale, supply, transfer or export may proceed without prior authorisation, provided that the exporter notifies the competent authority within five working days after the sale, supply, transfer or export has taken place, providing detail about the relevant justification for the sale, supply, transfer or export without prior authorisation. 5. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 4 within 2 weeks of the authorisation.’ |
|
(12) |
Article 1h is replaced by the following: ‘Article 1h 1. It shall be prohibited to purchase, import or transfer, directly or indirectly, mineral products, as listed in Annex VII, and crude oil, as listed in Annex XXIII, if they originate in Belarus or are exported from Belarus. 2. It shall be prohibited to provide, directly or indirectly, technical assistance, brokering services, financing or financial assistance or any other services related to the prohibition in paragraph 1. 3. The prohibitions in paragraph 1 shall not apply to purchases in Belarus of mineral products listed in Annex VII which are required in order to meet the essential needs of the purchaser in Belarus or of humanitarian projects in Belarus. 4. The prohibitions in paragraphs 1 and 2 shall not apply to crude oil, as listed in Annex XXIII, until 2 October 2024, to one-off transactions for near-term delivery, concluded and executed before that date, or to the execution of contracts for the purchase, import or transfer of crude oil, as listed in Annex XXIII concluded before 1 July 2024, or of ancillary contracts necessary for the execution of such contracts, provided that those contracts have been notified by the relevant Member State to the Commission by 23 July 2024 and that the one-off transactions for near-term delivery are notified by the relevant Member States to the Commission within 10 days of their completion. 5. The prohibitions in paragraphs 1 and 2 of this Article are without prejudice to the transit through Belarus of crude oil falling under CN code 2709 00 which is delivered by pipeline from Russia into Member States until the Council decides that the prohibitions in paragraphs 1 and 2 of Article 3m of Council Regulation (EU) No 833/2014 (*2) shall apply to crude oil delivered by pipeline from Russia. (*2) Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine (OJ L 229 31.7.2014, p. 1).’;" |
|
(13) |
the following article is inserted: ‘Article 1jc 1. It shall be prohibited to provide, directly or indirectly, accounting, auditing, including statutory audit, bookkeeping or tax consulting services, or business and management consulting or public relations services to:
2. It shall be prohibited to provide, directly or indirectly, architectural and engineering services, legal advisory services and IT consultancy services to:
3. It shall be prohibited to provide, directly or indirectly, market research and public opinion polling services, technical testing and analysis services and advertising services to:
4. It shall be prohibited to sell, supply, transfer, export, or provide, directly or indirectly, software for the management of enterprises and software for industrial design and manufacture as listed in Annex XXVI to:
5. It shall be prohibited to:
6. Paragraphs 1 to 4 shall not apply to the provision of services that are strictly necessary for the termination by 2 October 2024 of contracts which are not compliant with this Article concluded before 1 July 2024, or of ancillary contracts necessary for the execution of such contracts. 7. Paragraphs 1 and 2 shall not apply to the provision of services that are strictly necessary for the exercise of the right of defence in judicial proceedings and the right to an effective legal remedy. 8. Paragraphs 1 and 2 shall not apply to the provision of services which are strictly necessary to ensure access to judicial, administrative or arbitral proceedings in a Member State, or for the recognition or enforcement of a judgment or an arbitration award rendered in a Member State, provided that such provision of services is consistent with the objectives of this Regulation. 9. Paragraphs 1 to 4 shall not apply until 2 January 2025 to the provision of services intended for the exclusive use of legal persons, entities or bodies established in Belarus that are owned by, or solely or jointly controlled by, a legal person, entity or body which is incorporated or constituted under the law of a Member State, a country member of the European Economic Area, Switzerland or a partner country, as listed in Annex Vb. 10. Paragraphs 2, 3 and 4 shall not apply to the provision of services necessary for public health emergencies, the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or the environment, or as a response to natural disasters. 11. By way of derogation from paragraphs 1 and 2, the competent authorities may authorise the provision of the services referred to therein, under such conditions as they deem appropriate, after having determined that those services are strictly necessary for the setting-up, certification or evaluation of a firewall which:
12. By way of derogation from paragraph 4, the competent authorities may authorise the provision of services referred to therein, under such conditions as they deem appropriate, after having determined that those services are necessary for the contribution of Belarusian nationals to international open-source projects. 13. By way of derogation from paragraphs 1 to 5, the competent authorities may authorise the services referred to therein, under such conditions as they deem appropriate, after having determined that this is necessary for:
14. By way of derogation from paragraph 2, the competent authorities may authorise the provision of legal advisory services referred to therein, under such conditions as they deem appropriate, after having determined that this is necessary for the continuation of existing initiatives providing support to victims of natural, nuclear or chemical disasters and in the framework of international adoption procedures. 15. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 11 to 14 within 2 weeks of the authorisation.’ |
|
(14) |
Article 1m is replaced by the following: ‘Article 1m It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent prohibitions in this Regulation, including by participating in such activities without deliberately seeking that object or effect but being aware that the participation may have that object or effect and accepting that possibility.’ |
|
(15) |
the following articles are inserted: ‘Article 1ra 1. It shall be prohibited to purchase, import, or transfer into the Union, directly or indirectly, goods which allow Belarus to diversify its sources of revenue, thereby enabling its involvement in the Russian aggression against Ukraine, as listed in Annex XXVII, if they originate in Belarus or are exported from Belarus. 2. It shall be prohibited to:
3. The prohibition in paragraph 1 shall not apply to purchases in Belarus which are necessary for the functioning of diplomatic and consular representations of the Union and of the Member States, including delegations, embassies and missions, or for the personal use of nationals of Member States and their immediate family members. 4. The competent authorities of a Member State may allow the import of goods which are intended for the strict personal use of natural persons travelling to the Union or of their immediate family members, limited to personal effects owned by those individuals and which are manifestly not intended for sale. 5. The competent authorities may authorise, under such conditions as they deem appropriate, the entry into the Union of a vehicle falling under CN code 8703 not intended for sale and owned by:
6. The prohibition in paragraph 1 shall not apply to the entry into the Union of motor vehicles falling under CN code 8703 provided that they have a diplomatic vehicle registration plate and are necessary for the functioning of diplomatic and consular representations, including delegations, embassies and missions, or of international organisations enjoying immunities in accordance with international law, or for the personal use of their staff and their immediate family members. 7. The prohibition in paragraph 1 shall not prevent vehicles already in the territory of the Union on 1 July 2024 from being registered in a Member State. 8. The prohibition in paragraph 1 shall not apply to the entry into the Union of a vehicle falling under CN code 8703 intended exclusively for humanitarian purposes, including for the evacuation or repatriation of persons, or transporting passengers who hold a certificate issued by a Member State attesting to the fact that they are travelling to that Member State in the framework of initiatives providing support to victims of natural, nuclear or chemical disasters. 9. With regard to the goods listed in Annex XXVII, the prohibitions in paragraphs 1 and 2 shall not apply to the execution until 2 October 2024 of contracts concluded before 1 July 2024, or of ancillary contracts necessary for the execution of such contracts. 10. By way of derogation from paragraphs 1 and 2, the competent authorities may authorise the purchase, import or transfer of the goods listed in Annex XXVII, or the provision of related technical and financial assistance, under such conditions as they deem appropriate, after having determined that this is necessary for the establishment, operation, maintenance, fuel supply and retreatment and safety of civil nuclear capabilities, and the continuation of design, construction and commissioning required for the completion of civil nuclear facilities, the supply of precursor material for the production of medical radioisotopes and similar medical applications, or critical technology for environmental radiation monitoring, as well as for civil nuclear cooperation, in particular in the field of research and development. 11. By way of derogation from paragraphs 1 and 2, the competent authorities may authorise, under such conditions as they deem appropriate, the import or transfer of goods that were physically located in Belarus before the relevant prohibition entered into force in respect of those goods, falling under CN codes 8471, 8523, 8536 and 9027, as listed in Annex XXVII, or the provision of related technical and financial assistance, after having determined that those goods are components of medical devices and are brought into the Union for the purpose of maintenance, repair or returning of defective components. 12. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 10 and 11 within 2 weeks of the authorisation. Article 1rb 1. It shall be prohibited to purchase, import, or transfer, directly or indirectly, gold, as listed in Annex XXI if it originates in Belarus and has been exported from Belarus into the Union or to any third country after 1 July 2024. 2. It shall be prohibited to purchase, import, or transfer, directly or indirectly the products listed in Annex XXI when processed in a third country incorporating the products prohibited in paragraph 1. 3. It shall be prohibited to purchase, import, or transfer, directly or indirectly, gold, as listed in Annex XXII, if it originates in Belarus and it has been exported from Belarus into the Union after 1 July 2024. 4. It shall be prohibited to:
5. The prohibitions in paragraphs 1, 2 and 3 shall not apply to gold which is necessary for the official purposes of diplomatic missions, consular posts or international organisations in Belarus enjoying immunities in accordance with international law. 6. The prohibition in paragraph 3 shall not apply to goods as listed in Annex XXII for the personal use of natural persons travelling to the Union or members of their immediate families travelling with them, owned by those individuals and not intended for sale. 7. By way of derogation from paragraphs 1, 2 and 3, the competent authorities may authorise the transfer or import of cultural goods which are on loan in the context of formal cultural cooperation with Belarus. Article 1rc 1. It shall be prohibited, as of 1 July 2024, to purchase, import, or transfer, directly or indirectly, diamonds and products incorporating diamonds, as listed in Parts A, B and C of Annex XXIX, if they originate in Belarus or have been exported from Belarus into the Union or to any third country. 2. It shall be prohibited, as of 1 July 2024, to purchase, import, or transfer, directly or indirectly, diamonds and products incorporating diamonds, as listed in Parts A, B and C of Annex XXIX, of any origin, if they transited via the territory of Belarus. 3. It shall be prohibited to:
4. The prohibitions in paragraphs 1 and 2 shall not apply to goods listed in Part C of Annex XXIX for the personal use of natural persons travelling to the Union or of their immediate family members travelling with them, owned by those individuals and not intended for sale. 5. By way of derogation from paragraphs 1 and 2, the competent authorities may authorise the transfer or import of cultural goods which are on loan in the context of formal cultural cooperation with Belarus.’ |
|
(16) |
Article 1s is amended as follows:
|
|
(17) |
Article 1sa is amended as follows:
|
|
(18) |
Article 1zc is amended as follows:
|
|
(19) |
in Article 2, the following paragraphs are added: ‘7. Annex I shall also consist of a list of natural or legal persons, entities or bodies, who, in accordance with Article 4(1), point (d), of Decision 2012/642/CFSP, have been identified by the Council as facilitating infringements of the prohibition against circumvention of the provisions of this Regulation or of that Decision or as otherwise significantly frustrating those provisions. 8. Annex I shall also include natural or legal persons, entities or bodies associated with the persons, entities or bodies referred to in paragraphs 5, 6 and 7.’ |
|
(20) |
the following article is inserted: ‘Article 4c By way of derogation from Article 2, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources belonging to, owned, held or controlled by a natural or legal person, entity or body listed in Annex I, or the provision of services to such a natural or legal person, entity or body, under such conditions as they deem appropriate and after having determined that this is strictly necessary for the setting-up, certification or evaluation of a firewall which:
|
|
(21) |
Article 7 is amended as follows:
|
|
(22) |
the following article is inserted: ‘Article 8da 1. By way of derogation from Articles 1bb, 1e, 1f, , 1fd, 1g, 1ga, 1gc, 1s and 1sa the competent authorities may authorise the sale, supply or transfer of goods and technologies listed in Annexes Va, VI, XIV, XVII, XVIII, XX, XXIV and XXV until 31 December 2024, where such sale, supply or transfer is strictly necessary for the divestment from Belarus or the wind-down of business activities in Belarus, provided that the following conditions are fulfilled:
2. By way of derogation from Article 1h, as far as mineral products are concerned, and from Articles 1o, 1p, 1q, 1r, 1ra and 1rb, the competent authorities may authorise the import or transfer of goods listed in Annexes VII, X, XI, XII, XIII, XXI, XXII and XXVII until 31 December 2024, where such import or transfer is strictly necessary for the divestment from Belarus or the wind-down of business activities in Belarus, provided that the following conditions are fulfilled:
3. By way of derogation from Article 1jc, the competent authorities may authorise the continuation of the provision of services listed therein until 31 December 2024 where such provision of services is strictly necessary for the divestment from Belarus or the wind-down of business activities in Belarus, provided that the following conditions are fulfilled:
4. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 1, 2 and 3 within 2 weeks of the authorisation. 5. All authorisations referred to in paragraph 1 with respect to goods and technologies listed in Annex Va to this Regulation and in Annex I to Regulation (EU) 2021/821 shall be issued by electronic means, whenever possible, on forms containing at least all the elements of, and in the order provided for in, the model C set out in Annex Vc to this Regulation.’ |
|
(23) |
in Article 8e, the following paragraph is added: ‘4. The competent authorities of the Member States, including enforcement authorities, customs authorities within the meaning of Regulation (EU) No 952/2013 of the European Parliament and of the Council (*3), competent authorities within the meaning of Regulation (EU) No 575/2013 of the European Parliament and of the Council (*4), Directive (EU) 2015/849 of the European Parliament and of the Council (*5) and Directive 2014/65/EU, as well as administrators of official registers wherein natural persons, legal persons, entities and bodies as well as immovable or movable property are registered, shall process and exchange without delay information, including personal data and, if necessary, the information referred to in Article 8j, with other competent authorities of their Member State, of other Member States and the Commission, if such processing and exchange is necessary to carry out the tasks of the processing authority or the receiving authority under this Regulation, in particular when they detect instances of a breach or circumvention, or attempts at a breach or circumvention of the prohibitions set out in this Regulation. This provision is without prejudice to rules regarding the confidentiality of information held by judicial authorities. (*3) Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1)." (*4) Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012 (OJ L 176 27.6.2013, p. 1)." (*5) Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73).’;" |
|
(24) |
the following articles are inserted: ‘Article 8f 1. For the purposes of the prohibitions on importing goods provided for in this Regulation, goods physically in the Union may be released as provided for in Article 5, point (26), of the Union Customs Code, by the customs authorities provided that they have been presented to customs in accordance with Article 134 of the Union Customs Code before the entry into force or applicability date of the respective import prohibitions, whichever is latest. 2. All procedural steps necessary for the release referred to in paragraphs 1 and 5 of the relevant goods pursuant to the Union Customs Code shall be allowed. 3. The customs authorities shall not allow the release of the goods if they have reasonable grounds to suspect circumvention and shall not authorise the re-export of the goods to Belarus. 4. Payments in relation to such goods shall be consistent with the provisions and objectives of this Regulation, in particular the prohibition on purchasing. 5. Goods physically in the Union and presented to customs prior to 1 July 2024 which were stopped in application of this Regulation may be released by the customs authorities under the conditions provided for in paragraphs 1 to 4. Article 8g 1. When selling, supplying, transferring or exporting to a third country, with the exception of countries listed in Annex Vba to this Regulation, goods or technology as listed in Annexes XVI, XVII and XXVIII to this Regulation, common high priority items as listed in Annex XXX to this Regulation, or firearms and ammunition as listed in Annex I to Regulation (EU) No 258/2012, exporters shall contractually prohibit re-exportation to Belarus and re-exportation for use in Belarus. 2. Paragraph 1 shall not apply to:
3. Paragraph 1 shall not apply to public contracts concluded with a public authority in a third country or with an international organisation. 4. Exporters shall inform the competent authority of the Member State where they are resident or established of any public contract they concluded that benefited from the exemption under paragraph 3, within 2 weeks of its conclusion. The Member State concerned shall inform the other Member States and the Commission of any information received under this paragraph within 2 weeks of its receipt. 5. In application of paragraph 1, exporters shall ensure that the agreement with the third-country counterpart contains adequate remedies in the event of a breach of a contractual obligation concluded in accordance with paragraph 1. 6. If the third-country counterpart breaches any of the contractual obligations concluded in accordance with paragraph 1, exporters shall inform the competent authority of the Member State where they are resident or established as soon as they become aware of the breach. 7. Member States shall inform each other and the Commission of detected instances of a breach or circumvention of a contractual obligation concluded in accordance with paragraph 1. Article 8ga 1. Natural and legal persons, entities and bodies that sell, supply, transfer or export common high priority items as listed in Annex XXX to this Regulation shall, as of 2 January 2025,
2. Paragraph 1 shall not apply to natural and legal persons, entities and bodies that sell, supply or transfer common high priority items as listed in Annex XXX only within the Union or to countries listed in Annex Vba to this Regulation. 3. Natural and legal persons, entities and bodies shall, as of 2 January 2025, ensure that any legal person, entity or body established outside the Union that they own or control and that sells, supplies, transfers or exports common high priority items as listed in Annex XXX implements the requirements in points (a) and (b) of paragraph 1. 4. Paragraph 3 shall not apply where, due to reasons that it did not cause itself, a natural or legal person, entity or body is not able to exercise control over the legal person, entity or body that it owns. Article 8h Any person referred to in the third and fourth indent of Article 10 shall be entitled to recover, in judicial proceedings before the competent courts of the Member State, any damages, including legal costs, incurred by that person as a consequence of claims lodged with courts in third countries by persons, entities and bodies referred to in point (a), (b), (c) or (d) of Article 8d(1), in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by the measures imposed under this Regulation, provided that the person concerned does not have effective access to the remedies under the relevant jurisdiction. Article 8i Natural and legal persons, entities and bodies shall undertake their best efforts to ensure that any legal person, entity or body established outside the Union that they own or control does not participate in activities that undermine the restrictive measures provided for in this Regulation. Article 8j 1. Consistent with respect for the confidentiality of communications between lawyers and their clients guaranteed in Article 7 of the Charter of Fundamental Rights of the European Union and, where applicable, without prejudice to rules regarding the confidentiality of information held by judicial authorities, natural and legal persons, entities and bodies shall:
2. For the purposes of paragraph 1, the confidentiality of communications between lawyers and their clients shall include the confidentiality of communications relating to legal advice provided by other certified professionals who are authorised under national law to represent their clients in judicial proceedings, insofar as such legal advice is provided in connection with pending or prospective judicial proceedings. 3. The Member State concerned shall transmit to the Commission any relevant information received pursuant to paragraph 1 within one month of receiving it. The Member State concerned may transmit such information in an anonymised form if an investigating or judicial authority has declared it to be confidential in the context of pending criminal investigations or criminal judicial proceedings. 4. Any additional information received directly by the Commission shall be made available to the Member States. 5. Any information provided or received in accordance with this Article shall be used only for the purposes for which it was provided or received.’ |
|
(25) |
in Article 9, paragraph 1 is replaced by the following: ‘1. Member States shall lay down the rules on penalties, including as appropriate criminal penalties, applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive, and may take the voluntary self-disclosure of infringements of the provisions of this Regulation into account as a mitigating factor, in accordance with the respective national law. Member States shall also provide for appropriate measures of confiscation of the proceeds of such infringements.’ |
|
(26) |
The Annexes are amended in accordance with the Annex to this Regulation. |
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, 29 June 2024.
For the Council
The President
H. LAHBIB
(1) OJ L, 2024/1864, 30.6.2024, ELI: http://data.europa.eu/eli/dec/2024/1864/oj.
(2) Council Regulation (EC) No 765/2006 of 18 May 2006 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine (OJ L 134, 20.5.2006, p. 1).
(3) Council Decision 2012/642/CFSP of 15 October 2012 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine (OJ L 285, 17.10.2012, p. 1).
(4) Regulation (EC) No 184/2005 of the European Parliament and of the Council of 12 January 2005 on Community statistics concerning balance of payments, international trade in services and foreign direct investment (OJ L 35, 8.2.2005, p. 23).
(5) Regulation (EU) No 258/2012 of the European Parliament and of the Council of 14 March 2012 implementing Article 10 of the United Nations’ Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol), and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition (OJ L 94, 30.3.2012, p. 1).
(6) Directive (EU) 2024/1226 of the European Parliament and of the Council of 24 April 2024 on the definition of criminal offences and penalties for the violation of Union restrictive measures and amending Directive (EU) 2018/1673 (OJ L, 2024/1226, 29.4.2024, ELI: http://data.europa.eu/eli/dir/2024/1226/oj).
ANNEX
The Annexes to Regulation (EC) No 765/2006 are amended as follows:
|
(1) |
Annex Va is replaced by the following: ‘ANNEX Va List of goods and technology referred to in Articles 1f(1) and 1fa(1) Part A General Notes, Acronyms and Abbreviations, and Definitions in Annex I to Regulation (EU) 2021/821 apply to this Annex, with the exception of “Part I – General Notes, Acronyms and Abbreviations, and Definitions, General Notes to Annex I, point 2”. Definitions of Terms used in the Common Military List (CML) of the European Union (2020/C 85/01) apply to this Annex. Without prejudice to Article 1m of this Regulation, non-controlled items containing one or more components listed in this Annex are not subject to the controls under Articles 1f(1) and 1fa(1) of this Regulation. Category I – Electronics
Category II – Computers Note: Category II does not control goods for the personal use of the natural persons.
Category III. Part 1 – Telecommunications Note: Category III.Part 1 does not control goods for the personal use of the natural persons.
Category III. Part 2 – Information Security Note: Category III. Part 2 does not control goods for the personal use of the natural persons.
Category IV – Sensors and Lasers
Category V – Navigation and Avionics
Category VI – Marine
Category VII – Aerospace and Propulsion
Category VIII – Miscellaneous items
Category IX – Special Materials and Related Equipment
Category X – Materials Processing
Part B 1. Semiconductor devices
2. Electronic integrated circuits, manufacturing and testing equipment
3. Photographic cameras, sensors and optical components
4. Other electrical/magnetic components
5. Machine tools, additive manufacturing equipment, and related items
6. Energetic materials and precursors
7. Electronic devices, modules and assemblies
8. Chemicals, metals, alloys, composites and other advanced materials
9. Machinery parts, assemblies and components
10. Miscellaneous
’; |
|
(2) |
Annex Vba is added: ‘ANNEX Vba List of countries referred to in Articles 8g(1) and 8ga(2) NORWAY SWITZERLAND THE UNITED STATES OF AMERICA JAPAN UNITED KINGDOM SOUTH KOREA AUSTRALIA CANADA NEW ZEALAND LIECHTENSTEIN ICELAND’; |
|
(3) |
in the list of machinery set out in Annex XIV, the words ‘Electric filament or discharge lamps, including sealed beam lamp units and ultraviolet or infra-red lamps; arc lamps; parts thereof’, are replaced by the following words: ‘Electric filament or discharge lamps, including sealed beam lamp units and ultraviolet or infra-red lamps; arc lamps; light-emitting diode (LED) light sources; parts thereof’; |
|
(4) |
in Annex Vc, the following is added: ‘C. Model for sale, supply or transfer notification, application and authorisation forms (referred to in Article 8da(1) of this Regulation) The export authorisation is valid in all Member States of the European Union until its expiry date.
|
|
(5) |
the following Annex is inserted: ‘ANNEX XIVa LIST OF GOODS AND TECHNOLOGY AS REFERRED TO IN ARTICLE 1s(1a) ON THE PROHIBITION OF TRANSIT VIA BELARUS
’; |
|
(6) |
the following Annexes are added: ‘ANNEX XVIII List of goods and technologies which could contribute to the enhancement of Belarusian industrial capacities referred to in Article 1bb
ANNEX XIX List of goods and technology as referred to in Article 1bb(2) on the prohibition of transit via Belarus
ANNEX XX List of goods and technology suited for use in oil refining and liquefaction of natural gas referred to in Article 1gc
ANNEX XXI List of gold referred to in Article 1rb(1) and (2)
ANNEX XXII List of gold referred to in Article 1rb(3)
ANNEX XXIII List of crude oil referred to in Article 1h
ANNEX XXIV List of maritime navigation goods and technology referred to in Article 1fd Category VI – Marine
ANNEX XXV List of luxury goods referred to in Article 1ga EXPLANATORY NOTE The nomenclature codes are taken from the Combined Nomenclature as defined in Article 1(2) of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff and as set out in Annex I thereto, which are valid at the time of publication of this Regulation and mutatis mutandis as amended by subsequent legislation. (1) Horses
(2) Caviar and caviar substitutes
(3) Truffles and preparations thereof
(4) Cigars and cigarillos
(5) Carpets, rugs and tapestries, hand-made or not
(6) Coins and banknotes, not being legal tender
(7) Cutlery of precious metal or plated or clad with precious metal
(8) Electrical/electronic or optical apparatus for recording and reproducing sound and images of a value exceeding EUR 1 000
(9) Vehicles for the transport of persons on earth, air or sea of a value exceeding EUR 50 000 each, teleferics, chairlifts, ski-draglines, traction mechanisms for funiculars, motorbikes of a value exceeding EUR 5 000 each, as well as their accessories and spare parts
(10) Optical articles and equipment of any value
ANNEX XXVI List of software as referred to in Article 1jc(4) Software for the management of enterprises, i.e. systems that digitally represent and steer all processes happening in an enterprise, including:
Design and Manufacturing Software used in the areas of architecture, engineering, construction, manufacturing, media, education and entertainment, including:
ANNEX XXVII List of goods which allow Belarus to diversify its sources of revenue referred to in Article 1ra
ANNEX XXVIII List of goods and technology referred to in Article 8g
ANNEX XXIX List of goods and products as referred to in Article 1rc Part A
Part B
Part C
ANNEX XXX List of common high priority goods and technology referred to in Article 8g
’. |
(1) Ref. Annex I to Regulation (EU) 2021/821.
(2) Ref. Annex I to Regulation (EU) 2021/821.
(3) Ref. Annex I to Regulation (EU) 2021/821.
(4) Ref. Annex I to Regulation (EU) 2021/821.
(5) Ref. Annex I to Regulation (EU) 2021/821.
(6) Ref. Annex I to Regulation (EU) 2021/821.
(7) Ref. Annex I to Regulation (EU) 2021/821.
(8) Ref. Annex I to Regulation (EU) 2021/821.
(9) Ref. Annex I to Regulation (EU) 2021/821.
(1) Ref. Annex I to Regulation (EU) 2021/821.
(2) Ref. Annex I to Regulation (EU) 2021/821.
(3) Ref. Annex I to Regulation (EU) 2021/821.
(4) Ref. Annex I to Regulation (EU) 2021/821.
(5) Ref. Annex I to Regulation (EU) 2021/821.
(6) Ref. Annex I to Regulation (EU) 2021/821.
(7) Ref. Annex I to Regulation (EU) 2021/821.
(8) Ref. Annex I to Regulation (EU) 2021/821.
(9) Ref. Annex I to Regulation (EU) 2021/821.
(10) Ref. Annex I to Regulation (EU) 2021/821.
(11) Ref. Annex I to Regulation (EU) 2021/821.
(12) Ref. Annex I to Regulation (EU) 2021/821.
(13) Ref. Annex I to Regulation (EU) 2021/821.
(14) Ref. Annex I to Regulation (EU) 2021/821.
(15) Ref. Annex I to Regulation (EU) 2021/821.
(16) Ref. Annex I to Regulation (EU) 2021/821.
(17) Ref. Annex I to Regulation (EU) 2021/821.
(18) Ref. Annex I to Regulation (EU) 2021/821.
(19) Ref. Annex I to Regulation (EU) 2021/821.
(20) Ref. Annex I to Regulation (EU) 2021/821.
(21) Ref. Annex I to Regulation (EU) 2021/821.
(22) Ref. Annex I to Regulation (EU) 2021/821.
(23) Ref. Annex I to Regulation (EU) 2021/821.
(35) Provided it still contains 70 % or more by weight of petroleum oils or bituminous mineral oils.
ELI: http://data.europa.eu/eli/reg/2024/1865/oj
ISSN 1977-0677 (electronic edition)