(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 23 April 2026, the Council adopted Decision (CFSP) 2026/512, which amends Decision 2012/642/CFSP.

(4)

Decision (CFSP) 2026/512 considers it appropriate to expand the list of items which might contribute to Belarus’s military and technological enhancement or to the development of its defence and security sector, by listing items which have been used by Russia in its war of aggression against Ukraine and items which contribute to the development or production of Belarus’s military systems, including laboratory glassware, and certain high performance lubricants and their additives.

(5)

Decision (CFSP) 2026/512 considers it appropriate to expand the list of goods subject to export restrictions which might contribute to the enhancement of Belarusian industrial capacities, such as chemicals, rubber and articles of vulcanised rubber, articles of steel, tools for metal production and industrial tractors.

(6)

In order to minimise the risk of circumvention of restrictive measures, Decision (CFSP) 2026/512 considers it appropriate to extend the list of goods and technology subject to the prohibition on transit via the territory of Belarus.

(7)

Decision (CFSP) 2026/512 imposes additional restrictions on the provision to the Republic of Belarus, its Government, its public bodies, corporations or agencies and to natural or legal persons, entities or bodies acting on their behalf or at their direction of services that contribute to enhancing Belarus’s technological capabilities, in particular the provision of managed security services.

(8)

Moreover, Decision (CFSP) 2026/512 restricts the provision of services directly related to tourism activities in Belarus, in particular those classified in classes 7471 and 7472 of the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No 77, CPC prov., 1991. This is done in order to reduce the revenues that Belarus derives from such services and to deter the promotion of non-essential travel and leisure activities to Belarus, especially in a context where Union nationals face a heightened risk of arbitrary arrest and detention, and where consular protection for persons having dual nationality is limited.

(9)

Decision (CFSP) 2026/512 also introduces an exemption from the requirement for prior authorisation for services provided to the Republic of Belarus, its Government, its public bodies, corporations or agencies which are not already subject to the restrictive measures set out in Regulation (EC) No 765/2006 where those services are strictly necessary for the functioning of a consular or diplomatic representation of Belarus located in a Member State.

(10)

Additionally, Decision (CFSP) 2026/512 considers it appropriate to introduce further import bans on goods which allow Belarus to diversify its sources of revenue, thereby enabling its involvement in the Russian aggression against Ukraine, including on certain raw materials, metals, certain minerals, scrap of steel and other metals, chemicals, articles of vulcanised rubber and tanned furskins.

(11)

At present, claims against Union companies complying with restrictive measures can be brought by legal persons, entities or bodies other than Belarusian legal persons, entities or bodies, by persons other than those listed in Regulation (EC) No 765/2006, or by persons other than those acting on their behalf or at their direction, for instance when Union operators discontinue their supply to natural and legal persons in third-countries other than Belarus of products the export of which to Belarus is prohibited. Decision (CFSP) 2026/512 therefore strengthens the Union’s framework of restrictive measures by extending the scope of the prohibition on the satisfaction of such claims in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by Union restrictive measures. The scope of the prohibition in Regulation (EC) No 765/2006 on the satisfaction of such claims should therefore also be extended to cover claims brought by natural or legal persons, entities or bodies established in third countries other than Belarus and partner countries listed in the relevant annex, where those natural or legal persons, entities or bodies are selling, supplying, transferring or exporting goods, technology or services the sale, supply, transfer or export of which is prohibited under Regulation (EC) No 765/2006, whether or not the goods, technology or services originate in the Union.

(12)

Natural and legal persons, entities or bodies, or persons, entities or bodies owned or controlled by them, might seek to enforce, in third countries other than Belarus, Belarusian court and administrative decisions. Such attempts can be based on claims relating to contracts affected by restrictive measures. It is therefore appropriate to extend the possibility for Union natural or legal persons to claim damages from persons, entities and bodies who seek, in third countries other than Belarus, the enforcement of those Belarusian decisions, or who cooperate in their enforcement, as well as from persons, entities or bodies that are owned or controlled by them. It is also appropriate to enable the Council to impose a transaction ban on natural or legal persons, entities or bodies who seek the enforcement, or who cooperate in the enforcement, of Belarusian decisions based on claims relating to contracts affected by restrictive measures, as well as on natural or legal persons, entities or bodies that own or control those legal persons, entities or bodies.

(13)

The Belarusian National Bank is about to launch the Belarusian digital rouble, which is expected to be put in circulation in the second half of 2026 and to be progressively used by business entities, state entities and individuals, as well as between them and third-country operators. While the project is still at the preparatory stage, the digital rouble is intended, inter alia, to provide a payments system which shields Belarusian persons from the effects of the restrictive measures laid down in Regulation (EC) No 765/2006. Therefore, Decision (CFSP) 2026/512 imposes a prohibition on engaging, directly or indirectly, in any transaction involving such a Belarusian Central Bank digital currency or providing any support to the development of such a project. That Decision also provides for a limited period for the orderly termination of existing contracts.

(14)

Recent measures taken by the Belarusian regime involve banning operations for certain foreign crypto-asset service providers, indicating that regime’s intention to closely control the operations of crypto-asset service providers that operate in that country. In parallel, Belarus is developing a regulatory regime that involves close state oversight of crypto-asset services providers with associated risks of crypto-assets being used by the regime to circumvent Union restrictive measures. Under those circumstances, the identification of specific crypto-asset service providers as enabling the circumvention of restrictive measures would not sufficiently mitigate circumvention risks, as the Belarusian regime could use other crypto-asset service providers under its control for the same illicit purposes. With a view to ensuring that crypto-assets do not provide a channel for circumventing Union restrictive measures, Decision (CFSP) 2026/512 therefore prohibits transactions with any crypto-asset service providers established in Belarus or with any decentralised platforms established in Belarus that enable the exchange or transfer of crypto-assets.

(15)

These measures fall within the scope of the Treaty on the Functioning of the European Union and therefore, in particular with a view to ensuring their uniform application in all Member States, regulatory action at the level of the Union is necessary.

(16)

Regulation (EC) No 765/2006 should therefore be amended accordingly,

(1)

in Article 1, the following points are added:

(*1)  Regulation (EU) 2019/881 of the European Parliament and of the Council of 17 April 2019 on ENISA (the European Union Agency for Cybersecurity) and on information and communications technology cybersecurity certification and repealing Regulation (EU) No 526/2013 (Cybersecurity Act) (OJ L 151, 7.6.2019, p. 15, ELI: http://data.europa.eu/eli/reg/2019/881/oj).’;"

(2)

Article 1bb is amended as follows:

(3)

in Article 1e(4), point (h) is replaced by the following:

;

(4)

in Article 1f(4), point (h) is replaced by the following:

;

(5)

Article 1jc is amended as follows:

(6)

in Article 1ra, the following paragraph is inserted:

(7)

in Article 1zb(1a), the following points are added:

;

(8)

the following articles are inserted:

(9)

in Article 8d(1), the following point is added:

;

(10)

Article 8h is replaced by the following:

(11)

the Annexes are amended in accordance with the Annex to this Regulation.