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Document 32022D0218
Council Decision (CFSP) 2022/218 of 17 February 2022 amending Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus
Council Decision (CFSP) 2022/218 of 17 February 2022 amending Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus
Council Decision (CFSP) 2022/218 of 17 February 2022 amending Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus
ST/14508/2021/INIT
OJ L 37, 18.2.2022, p. 41–45
(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
Relation | Act | Comment | Subdivision concerned | From | To |
---|---|---|---|---|---|
Modifies | 32012D0642 | Addition | article 2f paragraph 6 | 19/02/2022 | |
Modifies | 32012D0642 | Addition | article 2n | 19/02/2022 | |
Modifies | 32012D0642 | Addition | article 5 paragraph 4 | 19/02/2022 | |
Modifies | 32012D0642 | Addition | article 6a | 19/02/2022 | |
Modifies | 32012D0642 | Addition | article 7a | 19/02/2022 | |
Modifies | 32012D0642 | Replacement | annex III | 19/02/2022 | |
Modifies | 32012D0642 | Replacement | article 2d paragraph 4 | 19/02/2022 | |
Modifies | 32012D0642 | Replacement | article 2f paragraph 1 | 19/02/2022 | |
Modifies | 32012D0642 | Replacement | article 2f paragraph 4 | 19/02/2022 | |
Modifies | 32012D0642 | Replacement | article 2h point (a) | 19/02/2022 | |
Modifies | 32012D0642 | Replacement | article 2h point (b) | 19/02/2022 | |
Modifies | 32012D0642 | Replacement | article 2h point (c) | 19/02/2022 | |
Modifies | 32012D0642 | Replacement | article 2h point (d) | 19/02/2022 | |
Modifies | 32012D0642 | Replacement | article 2i paragraph 1 point (a) | 19/02/2022 | |
Modifies | 32012D0642 | Replacement | article 2i paragraph 1 point (b) | 19/02/2022 | |
Modifies | 32012D0642 | Replacement | article 2i paragraph 1 point (c) | 19/02/2022 | |
Modifies | 32012D0642 | Replacement | article 2i paragraph 1 point (d) | 19/02/2022 | |
Modifies | 32012D0642 | Replacement | article 2j paragraph 1 | 19/02/2022 | |
Modifies | 32012D0642 | Replacement | article 3 paragraph 1 Text | 19/02/2022 | |
Modifies | 32012D0642 | Replacement | article 3 paragraph 8 Text | 19/02/2022 | |
Modifies | 32012D0642 | Replacement | article 4 paragraph 1 Text | 19/02/2022 | |
Modifies | 32012D0642 | Replacement | article 4 paragraph 2 Text | 19/02/2022 | |
Modifies | 32012D0642 | Replacement | article 5 paragraph 1 point (f) | 19/02/2022 | |
Modifies | 32012D0642 | Replacement | article 5 paragraph 1 Text | 19/02/2022 | |
Modifies | 32012D0642 | Replacement | article 6 paragraph 1 Text | 19/02/2022 |
Relation | Act | Comment | Subdivision concerned | From | To |
---|---|---|---|---|---|
Corrected by | 32022D0218R(01) | (FR) |
18.2.2022 |
EN |
Official Journal of the European Union |
L 37/41 |
COUNCIL DECISION (CFSP) 2022/218
of 17 February 2022
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 June 2021, the Council adopted Decision (CFSP) 2021/1031 (2), which amended Decision 2012/642/CFSP and introduced specific sectoral restrictions. |
(3) |
Certain clarifications are necessary to ensure the proper application of those specific sectoral restrictions. |
(4) |
Decision 2012/642/CFSP should therefore be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Decision 2012/642/CFSP is amended as follows:
(1) |
In Article 2d, paragraph 4 is replaced by the following: ‘4. The prohibitions in paragraphs 1 and 2 shall not apply to exports, sale, supplies or transfers of dual-use goods and technology, or the related provision of technical or financial assistance, for the maintenance and safety of existing civil nuclear capabilities.’; |
(2) |
Article 2f is amended as follows:
|
(3) |
in Article 2h, points (a) to (d) are replaced by the following:
|
(4) |
in Article 2i(1), points (a) to (d) are replaced by the following:
|
(5) |
in Article 2j, paragraph 1 is replaced by the following: ‘1. It shall be prohibited to provide insurance or re-insurance to:
|
(6) |
the following article is inserted: ‘Article 2n 1. No claims 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 Decision, including claims for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, notably a claim for extension or payment of a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by:
|
(7) |
in Article 3(1) and (8), Article 4(1) and (2), and Article 5(1), the words ‘the Annex’ are replaced by ‘Annex I’; |
(8) |
in Article 5(1), point (f) is replaced by the following:
|
(9) |
in Article 5, the following paragraph is added: ‘4. By way of derogation from Article 4(1), the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources, provided that the following conditions are met:
The Member State concerned shall inform the other Member States and the Commission of any authorisations granted under this paragraph.’; |
(10) |
in Article 6, paragraph 1, the words ‘the Annex’ are replaced by ‘Annex I, Annex II, and Annex III’; |
(11) |
the following articles are inserted: ‘Article 6a 1. The Council and the High Representative of the Union for Foreign Affairs and Security Policy (the “High Representative”) may process personal data in order to carry out their tasks under this Decision, in particular:
2. The Council and the High Representative may process, where applicable, relevant data relating to criminal offences committed by listed natural persons, to criminal convictions or to security measures concerning such persons, only to the extent that such processing is necessary for the preparation of Annex I. 3. For the purposes of this Decision, the Council and the High Representative are designated as “controllers” within the meaning of point (8) of Article 3 of Regulation (EU) 2018/1725 of the European Parliament and of the Council (*1), in order to ensure that the natural persons concerned can exercise their rights under Regulation (EU) 2018/1725. Article 7a Actions by natural or legal persons, entities or bodies shall not give rise to liability of any kind on their part, if they did not know, and had no reasonable cause to suspect, that their actions would infringe the measures set out in this Decision. (*1) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (Text with EEA relevance) (OJ L 295, 21.11.2018, p. 39).’;" |
(12) |
Annex III is amended as set out in the Annex to this Decision. |
Article 2
This Decision shall enter into force on the date following that of its publication in the Official Journal of the European Union.
Done at Brussels, 17 February 2022.
For the Council
The President
J.-Y. LE DRIAN
(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).
(2) Council Decision (CFSP) 2021/1031 of 24 June 2021 amending Council Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus (OJ L 224I, 24.06.2021, p. 15).
ANNEX
Annex III is replaced by the following:
‘ANNEX III
LIST OF MAJOR CREDIT INSTITUTIONS REFERRED TO IN ARTICLES 2h AND 2i
Development Bank of the Republic of Belarus |
Belarusbank |
Belinvestbank (Belarusian Bank for Development and Reconstruction) |
Belagoprombank |
Bank Dabrabyt |