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Document 02006R0765-20160228
Council Regulation (EC) No 765/2006 of 18 May 2006 concerning restrictive measures in respect of Belarus
Consolidated text: Council Regulation (EC) No 765/2006 of 18 May 2006 concerning restrictive measures in respect of Belarus
Council Regulation (EC) No 765/2006 of 18 May 2006 concerning restrictive measures in respect of Belarus
2006R0765 — EN — 28.02.2016 — 022.001
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
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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) |
Amended by:
Corrected by:
COUNCIL REGULATION (EC) No 765/2006
of 18 May 2006
concerning restrictive measures in respect of Belarus
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 60 and 301 thereof,
Having regard to Common Position 2006/362/CFSP of 18 May 2006 amending Common Position 2006/276/CFSP concerning restrictive measures against certain officials of Belarus ( 1 ),
Having regard to the proposal from the Commission,
Whereas:|
(1) |
On 24 March 2006, the European Council deplored the failure of the Belarus authorities to meet OSCE commitments to democratic elections, considered that the Presidential elections of 19 March 2006 were fundamentally flawed and condemned the action of the Belarus authorities of that day in arresting peaceful demonstrators exercising their legitimate right of free assembly to protest at the conduct of the Presidential elections. The European Council therefore decided that restrictive measures should be applied against those responsible for the violation of international electoral standards. |
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(2) |
On 10 April 2006, the Council decided to adopt restrictive measures against President Lukashenko, the Belarusian leadership and officials responsible for the violations of international electoral standards and international human rights law, as well as for the crackdown on civil society and democratic opposition. These individuals should be subjected to a visa ban and possible further targeted measures. |
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(3) |
Common Position 2006/362/CFSP provides that the funds and economic resources of President Lukashenko and certain officials of Belarus that have been identified for this purpose should be frozen. |
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(4) |
These measures fall within the scope of the Treaty and, therefore, notably with a view to ensuring their uniform application by economic operators in all Member States, Community legislation is necessary to implement them as far as the Community is concerned. For the purposes of this Regulation, the territory of the Community should be deemed to encompass the territories of the Member States to which the Treaty is applicable, under the conditions laid down in the Treaty. |
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(5) |
Member States should determine the rules on penalties applicable to infringements of the provisions of this Regulation. The penalties provided for should be proportionate, effective and dissuasive. |
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(6) |
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
For the purpose of this Regulation, the following definitions shall apply:
1. ‘funds’ means financial assets and benefits of every kind, including but not limited to:
(a) cash, cheques, claims on money, drafts, money orders and other payment instruments;
(b) deposits with financial institutions or other entities, balances on accounts, debts and debt obligations;
(c) publicly- and privately-traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts;
(d) interest, dividends or other income on or value accruing from or generated by assets;
(e) credit, right of set-off, guarantees, performance bonds or other financial commitments;
(f) letters of credit, bills of lading, bills of sale;
(g) documents evidencing an interest in funds or financial resources.
2. ‘freezing of funds’ means preventing any move, transfer, alteration, use of, access to, or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character, destination or other change that would enable the use of the funds, including portfolio management.
3. ‘economic resources’ means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but can be used to obtain funds, goods or services.
4. ‘freezing of economic resources’ means preventing the use of economic resources to obtain funds, goods or services in any way, including, but not limited to, by selling, hiring or mortgaging them.
5. ‘territory of the Community’ means the territories of the Member States, including their airspace, to which the Treaty is applicable, under the conditions laid down in the Treaty.
6. ‘technical assistance’ means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services; including verbal forms of assistance.
Article 1a
1. It shall be prohibited:
(a) to sell, supply, transfer or export, directly or indirectly, equipment which might be used for internal repression as listed in Annex III, whether or not originating in the Union, to any person, entity or body in Belarus or for use in Belarus;
(b) to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in point (a).
2. Paragraph 1 shall not apply to protective clothing, including flak jackets and helmets, temporarily exported to Belarus by United Nations (UN) personnel, personnel of the Union or its Member States, representatives of the media or humanitarian and development workers and associated persons exclusively for their personal use.
3. By way of derogation from paragraph 1, the competent authorities in the Member States as listed in Annex II may authorise the sale, supply, transfer or export of equipment which might be used for internal repression, under such conditions as they deem appropriate, if they determine that such equipment is intended solely for humanitarian or protective use.
Article 1b
1. It shall be prohibited:
(a) to provide, directly or indirectly, technical assistance related to the goods and technology listed in the Common Military List of the European Union ( 2 ) (‘Common Military List’), or related to the provision, manufacture, maintenance and use of goods included in that list, to any person, entity or body in Belarus or for use in Belarus;
(b) to provide, directly or indirectly, technical assistance or brokering services related to equipment which might be used for internal repression as listed in Annex III, to any person, entity or body in Belarus or for use in Belarus;
(c) to provide, directly or indirectly, financing or financial assistance related to the goods and technology listed in the Common Military List or in Annex III, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of such items, or for any provision of related technical assistance to any person, entity or body in Belarus or for use in Belarus;
(d) to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in points (a) to (c).
2. By way of derogation from paragraph 1, the prohibitions referred to therein shall not apply to:
(a) non-lethal military equipment, or equipment which might be used for internal repression, intended solely for humanitarian purposes or protective use or for institution building programmes of the UN and the Union, or for EU or UN crisis management operations; or
(b) non-combat vehicles fitted with materials to provide ballistic protection, intended solely for the protective use of personnel of the Union and its Member States in Belarus,
provided that the provision thereof has first been approved by the competent authority of a Member State, as identified on the websites listed in Annex II.
3. Paragraph 1 shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to Belarus by UN personnel, personnel of the Union or its Member States, representatives of the media or humanitarian and development workers and associated persons exclusively for their personal use.
Article 2
1. All funds and economic resources belonging to, or owned, held or controlled by the natural or legal persons, entities and bodies listed in Annex I shall be frozen.
2. No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of the natural or legal persons, entities and bodies listed in Annex I.
3. The participation, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to circumvent the measures referred to in paragraphs 1 and 2 shall be prohibited.
4. Annex I shall consist of a list of the natural or legal persons, entities and bodies who, in accordance with point (a) of Article 4(1) of Council Decision 2012/642/CFSP of 15 October 2012 concerning restrictive measures against Belarus ( 3 ), have been identified by the Council as being 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 any natural or legal persons, entities and bodies associated with them, as well as legal persons, entities or bodies owned or controlled by them.
5. Annex I shall also consist of a list of the natural or legal persons, entities and bodies who, in accordance with point (b) of Article 4(1) of Decision 2012/642/CFSP, have been identified by the Council as benefiting from or supporting the Lukashenka regime, as well as legal persons, entities and bodies owned or controlled by them.
▼M28 —————
Article 2a
The prohibition set out in Article 2(2) shall not give rise to liability of any kind on the part of the natural or legal persons, entities or bodies concerned, if they did not know, and had no reasonable cause to suspect, that their actions would infringe this prohibition.
Article 2b
1. ►M15 Annex I ◄ shall include the grounds for the listing of listed persons, entities and bodies.
2. ►M15 Annex I ◄ shall also include, where available, information necessary to identify the natural or legal persons, entities and bodies concerned. With regard to natural persons, such information may include names including aliases, date and place of birth, nationality, passport and ID card numbers, gender, address, if known, and function or profession. With regard to legal persons, entities and bodies, such information may include names, place and date of registration, registration number and place of business.
Article 3
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 ►M15 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; or
(c) intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources.
2. 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 necessary for extraordinary expenses, provided that the Member State concerned has notified the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted, at least 2 weeks before the authorisation.
3. Member States shall inform the other Member States and the Commission of any authorisation granted under paragraph 1 or 2.
Article 4
1. Article 2(2) shall not apply to the addition to frozen accounts of
(a) interest or other earnings on those accounts; or
(b) payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to the provisions of this Regulation,
provided that any such interest, other earnings and payments continue to be subject to Article 2(1).
2. Article 2(2) shall not prevent financial or credit institutions in the EU from crediting the frozen accounts, if they receive funds transferred by third parties to the account of the listed person, entity or body, provided that any additions to such accounts will also be frozen. The financial or credit institution shall inform the competent authorities about such transactions without delay.
Article 4a
By way of derogation from Article 2(1), where a payment by a natural or legal person, entity or body listed in ►M15 Annex I ◄ is due under a contract or agreement that was concluded by, or an obligation that arose for the natural or legal person, entity or body concerned before the date on which that person, entity or body had been listed, the competent authorities of the Member States, as indicated on the websites listed in Annex II, may authorise, under such conditions as they deem appropriate, the release of certain frozen funds or economic resources, provided that:
(i) the competent authority concerned has determined that the payment is not, directly or indirectly, to or for the benefit of a person, entity or body listed in ►M15 Annex I ◄ ; and
(ii) the Member State concerned has, at least 2 weeks prior to the grant of the authorisation, notified the other Member States and the Commission of that determination and its intention to grant the authorisation.
Article 4b
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, under such conditions as they deem appropriate, the release of certain frozen funds or economic resources or the making available of certain funds or economic resources, after having determined that the funds or economic resources are necessary for official purposes of diplomatic missions or consular posts or international organisations enjoying immunities in accordance with international law.
Article 5
1. Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy, natural and legal persons, entities and bodies shall:
(a) immediately supply the competent authorities indicated in the websites listed in Annex II, in the country where they are resident or located, with any information which would facilitate compliance with this Regulation, such as accounts and amounts frozen in accordance with Article 2, and directly or indirectly supply such information to the Commission; and
(b) cooperate with the competent authorities indicated in the websites listed in Annex II in any verification of this information.
2. Any information provided or received in accordance with this Article shall be used only for the purposes for which it was provided or received.
Article 6
The freezing of funds and economic resources or the refusal to make funds or economic resources available, carried out in good faith on the basis that such action is in accordance with this Regulation, shall not give rise to liability of any kind on the part of the natural or legal person or entity or body implementing it, or its directors or employees, unless it is proved that the funds and economic resources were frozen as a result of negligence.
Article 7
The Commission and Member States shall immediately inform each other of the measures taken under this Regulation and shall supply each other with any other relevant information at their disposal in connection with this Regulation, in particular information in respect of violation and enforcement problems and judgments handed down by national courts.
Article 8
The Commission shall be empowered toamend Annex II on the basis of information supplied by Member States.
Article 8a
1. Where the Council decides to subject a natural or legal person, entity or body to the measures referred to in Article 2(1), it shall amend ►M15 Annex I ◄ accordingly.
2. The Council shall communicate its decision, including the grounds for the listing, to the natural or legal person, entity or body referred to in paragraph 1, either directly, if the address is known, or through the publication of a notice, providing such natural or legal person, entity or body with an opportunity to present observations.
3. Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the natural or legal person, entity or body accordingly.
4. The lists in ►M15 Annex I ◄ shall be reviewed in regular intervals and at least every 12 months.
▼M28 —————
Article 9
1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.
2. Member States shall notify these rules to the Commission without delay after entry into force of the Regulation and shall notify it of any subsequent amendment.
Article 9a
1. Member States shall designate the competent authorities referred to in Articles 3, 4(2) and 5 and identify them in the websites listed in Annex II.
2. Member States shall notify the Commission of their competent authorities and the contact details thereof by 31 July 2008 and shall notify it of any subsequent amendment without delay.
Article 9b
Where there is, in this Regulation, a requirement to notify, inform or otherwise communicate with the Commission, the address and other contact details to be used for such communication shall be those indicated in Annex II.
Article 10
This Regulation shall apply:
— within the territory of the Community, including its airspace,
— on board any aircraft or any vessel under the jurisdiction of a Member State,
— to any natural person inside or outside the territory of the Community who is a national of a Member State,
— to any legal person, entity or body which is incorporated or constituted under the law of a Member State,
— to any legal person, entity or body in respect of any business done in whole or in part within the Community.
Article 11
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.
ANNEX I
Persons referred to in Article 2(1)
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Names Transcription of Belarusian spelling Transcription of Russian spelling |
Names (Belarusian spelling) |
Names (Russian spelling) |
Identifying Information |
Reasons for listing |
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1. |
Navumau, Uladzimir Uladzimiravich Naumov, Vladimir Vladimirovich |
НАВУМАЎ, Уладзiмiр Уладзiмiравiч |
НАУМОВ, Владимир Владимирович |
DOB: 7.2.1956 POB: Smolensk (Russia) |
Failed to take action to investigate the case of the unresolved disappearances of Yuri Zakharenko, Viktor Gonchar, Anatoly Krasovski and Dmitri Zavadski in Belarus in 1999-2000. Former Minister of Interior and also former Head of the President's Security Service. As a Minister of Interior he was responsible for the repression of peaceful demonstrations until his retirement on 6 April 2009 for health reasons. Received a residence in the Drozdy nomenklatura district in Minsk from the Presidential Administration. In October 2014, was awarded the Order ‘For Merit’ III degree by President Lukashenka. |
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2. |
Paulichenka, Dzmitry Valerievich Pavlichenko, Dmitri Valerievich (Pavlichenko, Dmitriy Valeriyevich) |
ПАЎЛIЧЭНКА, Дзмiтрый Валер'евiч |
ПАВЛИЧЕНКО, Дмитрий Валериевич |
DOB: 1966 POB: Vitebsk Белорусская ассоциация ветеранов спецподразделений войск МВД ‘Честь’220028, Минск Маяковского, 111 |
Key person in the unresolved disappearances of Yuri Zakharenko, Viktor Gonchar, Anatoly Krasovski and Dmitri Zavadski in Belarus in 1999-2000. Former Head of the Special Response Group at the Ministry of Interior (SOBR). Businessman, Head of ‘Honour’, the Ministry of Interior's Association of the veterans from special forces from the Ministry of Interior. |
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3. |
Sheiman, Viktar Uladzimiravich (Sheyman, Viktar Uladzimiravich) Sheiman, Viktor Vladimirovich (Sheyman, Viktor Vladimirovich) |
ШЭЙМАН, Biктap Уладзiмiравiч |
ШЕЙМАН, Виктор Владимирович |
DOB: 26.5.1958 POB: Hrodna region Address: Управлениe Делами Президентаул. К.Маркса, 38220016, г. Минск |
Head of the Management Department of the President's Administration. Responsible for the unresolved disappearances of Yuri Zakharenko, Viktor Gonchar, Anatoly Krasovski and Dmitri Zavadski in Belarus in 1999-2000. Former Secretary of the Security Council. Sheiman remains a Special Assistant/Aid to the President. |
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4. |
Sivakau, Iury Leanidavich (Sivakau, Yury Leanidavich) Sivakov, Iury (Yurij, Yuri) Leonidovich |
СIВАКАЎ, Юрый Леанiдавiч |
СИВАКОВ, Юрий Леонидович |
DOB: 5.8.1946 POB: Onory, Sakhalin Region Address: Белорусская ассоциация ветеранов спецподразделений войск МВД ‘Честь’220028, Минск Маяковского, 111 |
Orchestrated the unresolved disappearances of Yuri Zakharenko, Viktor Gonchar, Anatoly Krasovski and Dmitri Zavadski in Belarus in 1999-2000. Former Minister of Tourism and Sports, former Minister of Interior and former Deputy Head of the Presidential Administration. |
ANNEX II
Websites for information on the competent authorities referred to in Articles 3, 4(2), and 5, and address for notifications to the European Commission
BELGIUM
http://www.diplomatie.be/eusanctions
BULGARIA
http://www.mfa.government.bg
CZECH REPUBLIC
http://www.mfcr.cz/mezinarodnisankce
DENMARK
http://www.um.dk/da/menu/Udenrigspolitik/FredSikkerhedOgInternationalRetsorden/Sanktioner/
GERMANY
http://www.bmwi.de/BMWi/Navigation/Aussenwirtschaft/Aussenwirtschaftsrecht/embargos.html
ESTONIA
http://www.vm.ee/est/kat_622/
IRELAND
http://www.dfa.ie/home/index.aspx?id=28519
GREECE
http://www.mfa.gr/www.mfa.gr/en-US/Policy/Multilateral+Diplomacy/Global+Issues/International+Sanctions/
SPAIN
http://www.maec.es/es/MenuPpal/Asuntos/Sanciones%20Internacionales/Paginas/Sanciones_%20Internacionales.aspx
FRANCE
http://www.diplomatie.gouv.fr/autorites-sanctions/
CROATIA
http://www.mvep.hr/sankcije
ITALY
http://www.esteri.it/MAE/IT/Politica_Europea/Deroghe.htm
CYPRUS
http://www.mfa.gov.cy/sanctions
LATVIA
http://www.mfa.gov.lv/en/security/4539
LITHUANIA
http://www.urm.lt
LUXEMBOURG
http://www.mae.lu/sanctions
HUNGARY
http://www.kulugyminiszterium.hu/kum/hu/bal/Kulpolitikank/nemzetkozi_szankciok/
MALTA
http://www.doi.gov.mt/EN/bodies/boards/sanctions_monitoring.asp
NETHERLANDS
http://www.minbuza.nl/sancties
AUSTRIA
http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version=
POLAND
http://www.msz.gov.pl
PORTUGAL
http://www.min-nestrangeiros.pt
ROMANIA
http://www.mae.ro/node/1548
SLOVENIA
http://www.mzz.gov.si/si/zunanja_politika/mednarodna_varnost/omejevalni_ukrepi/
SLOVAKIA
http://www.foreign.gov.sk
FINLAND
http://formin.finland.fi/kvyhteistyo/pakotteet
SWEDEN
http://www.ud.se/sanktioner
UNITED KINGDOM
www.fco.gov.uk/competentauthorities
Address for notifications to or other communication with the European Commission:
European Commission
Foreign Policy Instruments Service
Unit FPIS.2
CHAR 12/106
B-1049 Bruxelles/Brussel
Belgium
E-mail: relex-sanctions@ec.europa.eu
Tel.: (32 2) 295 55 85
Fax: (32 2) 299 08 73
ANNEX III
List of equipment which might be used for internal repression as referred to in Article 1a and Article 1b
1. Fire-arms, ammunition and related accessories therefor, as follows:
1.1. Firearms not controlled by ML 1 and ML 2 of the Common Military List of the European Union ( 4 ) (‘Common Military List’);
1.2. Ammunition specially designed for the firearms listed in item 1.1 and specially designed components therefor;
1.3. Weapon-sights not controlled by the Common Military List.
2. Bombs and grenades not controlled by the Common Military List.
3. Vehicles as follows:
3.1. Vehicles equipped with a water cannon, specially designed or modified for the purpose of riot control;
3.2. Vehicles specially designed or modified to be electrified to repel borders;
3.3. Vehicles specially designed or modified to remove barricades, including construction equipment with ballistic protection;
3.4. Vehicles specially designed for the transport or transfer of prisoners and/or detainees;
3.5. Vehicles specially designed to deploy mobile barriers;
3.6. Components for the vehicles specified in items 3.1 to 3.5 specially designed for the purposes of riot control.
Note 1 This item does not control vehicles specially designed for the purposes of fire-fighting.
Note 2 For the purposes of item 3.5 the term ‘vehicles’ includes trailers.
4. Explosive substances and related equipment as follows:
4.1. Equipment and devices specially designed to initiate explosions by electrical or non-electrical means, including firing sets, detonators, igniters, boosters and detonating cord, and specially designed components therefor; except those specially designed for a specific commercial use consisting of the actuation or operation by explosive means of other equipment or devices the function of which is not the creation of explosions (e.g., car air-bag inflaters, electric-surge arresters of fire sprinkler actuators);
4.2. Linear cutting explosive charges not controlled by the Common Military List;
4.3. Other explosives not controlled by the Common Military List and related substances as follows:
a. amatol;
b. nitrocellulose (containing more than 12,5 % nitrogen);
c. nitroglycol;
d. pentaerythritol tetranitrate (PETN);
e. picryl chloride;
f. 2,4,6-trinitrotoluene (TNT).
5. Protective equipment not controlled by ML 13 of the Common Military List as follows:
5.1. Body armour providing ballistic and/or stabbing protection;
5.2. Helmets providing ballistic and/or fragmentation protection, anti-riot helmets, antiriot shields and ballistic shields.
Note: This item does not control:
— equipment specially designed for sports activities,
— equipment specially designed for safety of work requirements,
6. Simulators, other than those controlled by ML 14 of the Common Military List, for training in the use of firearms, and specially designed software therefor.
7. Night vision, thermal imaging equipment and image intensifier tubes, other than those controlled by the Common Military List.
8. Razor barbed wire.
9. Military knives, combat knives and bayonets with blade lengths in excess of 10 cm.
10. Production equipment specially designed for the items specified in this list.
11. Specific technology for the development, production or use of the items specified in this list.
▼M28 —————
( 1 ) See page 45 of this Official Journal.
( 2 ) OJ C 86, 18.3.2011, p. 1.
( 3 ) OJ L 285, 17.10.2012, p. 1.
( 4 ) OJ C 86, 18.3.2011, p. 1.