ISSN 1977-0677 |
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Official Journal of the European Union |
L 67 |
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English edition |
Legislation |
Volume 65 |
Contents |
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II Non-legislative acts |
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REGULATIONS |
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DECISIONS |
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Corrigenda |
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EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
REGULATIONS
2.3.2022 |
EN |
Official Journal of the European Union |
L 67/1 |
COUNCIL REGULATION (EU) 2022/355
of 2 March 2022
amending Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in Belarus
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,
Having regard to Council Decision 2012/642/CFSP of 15 October 2012 concerning restrictive measures in view of the situation in Belarus (1),
Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,
Whereas:
(1) |
Council Regulation (EC) No 765/2006 (2) provides, in particular, for the freezing of funds and economic resources of, and prohibits making funds or economic resources available to, persons, entities or bodies responsible for serious violations of human rights or the repression of civil society and democratic opposition, or whose activities otherwise seriously undermine democracy or the rule of law in Belarus or who benefit from or support the Lukashenka regime, or persons, entities or bodies that are organising or contributing to activities by the Lukashenka regime that facilitate the illegal crossing of the external borders of the Union or the transfer of prohibited goods and the illegal transfer of restricted goods, including hazardous goods, into the territory of a Member State. |
(2) |
Regulation (EC) No 765/2006 gives effect to the measures provided for in Decision 2012/642/CFSP. |
(3) |
On 2 March 2022, the Council adopted Decision (CFSP) 2022/356 (3), which expands the scope of the sanctions to implement the conclusions of the European Council of 24 February 2022 following the involvement of Belarus in the unacceptable and illegal Russian military aggression against Ukraine, which under international law qualifies as an act of aggression. |
(4) |
Decision (CFSP) 2022/356 introduces further restrictions related to the trade of goods used for the production or manufacturing of tobacco products, mineral products, potassium chloride (“potash”) products, wood products, cement products, iron and steel products and rubber products. It also prohibits the export to Belarus or for use in Belarus of dual-use goods and technology, exports of goods and technology which might contribute to Belarus’s military, technological, defence and security development, and exports of machinery. Decision (CFSP) 2022/356 also amends certain provisions related to the execution of contracts concluded before 25 June 2021 and the provision of financing, as well as financial and technical assistance, in relation to prohibited goods. |
(5) |
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) |
the title is replaced by the following: ‘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’; |
(2) |
in Article 1, point 7 is replaced by the following: ‘7. “dual-use goods and technology” means the items listed in Annex I to Regulation (EU) 2021/821 of the European Parliament and of the Council (*1). (*1) Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (OJ L 206, 11.6.2021, p.1).’;" |
(3) |
in Article 1 the following points are added: ’17. “financing or financial assistance” means any action, irrespective of the particular means chosen, whereby the person, entity or body concerned, conditionally or unconditionally, disburses or commits to disburse its own funds or economic resources, including but not limited to grants, loans, guarantees, suretyships, bonds, letters of credit, supplier credits, buyer credits, import or export advances and all types of insurance and reinsurance, including export credit insurance; payment, as well as terms and conditions of payment, of the agreed price for a good or a service, made in line with normal business practice, does not constitute financing or financial assistance. 18. “partner country” means a country applying a set of export control measures substantially equivalent to those set out in this Regulation, as listed in Annex Vb. 19. “consumer communication devices” means devices used by private individuals such as personal computers and peripherals (including hard drives and printers), mobile telephones, smart televisions, memory devices (USB drives), and consumer software for those devices.’; |
(4) |
Article 1e is replaced by the following: ‘Article 1e 1. Without prejudice to Articles 1a, 1c and 1s, it shall be prohibited to sell, supply, transfer or export, directly or indirectly, dual-use goods and technology, 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:
3. Without prejudice to the authorisation requirements pursuant to Regulation (EU) 2021/821, the prohibitions in paragraphs 1 and 2 of this Article shall not apply to the sale, supply, transfer or export of dual-use goods and technology or to the related provision of technical and financial assistance, for non-military use and for a non-military end-user, intended for:
With the exception of points (f) and (g), the exporter shall declare in the customs declaration that the items are being exported under the relevant exception set out in this paragraph and shall notify the competent authority of the Member State in which it is resident or established of the first use of the relevant exception within 30 days from that first export. 4. By way of derogation from paragraphs 1 and 2 of this Article, and without prejudice to the authorisation requirements pursuant to Regulation (EU) 2021/821, the competent authority may authorise the sale, supply, transfer or export of dual-use goods and technology or the provision of related technical or financial assistance, for non-military use and for a non-military end user, after having determined that such goods or technology or the related technical or financial assistance are intended for:
5. By way of derogation from paragraphs 1 and 2 of this Article, and without prejudice to the authorisation requirements pursuant to Regulation (EU) 2021/821, the competent authority may authorise the sale, supply, transfer or export of dual-use goods and technology or the provision of related technical or financial assistance, for non-military use and for a non-military end-user, after having determined that such goods or technology or such related technical or financial assistance are due under contracts concluded before 3 March 2022, or ancillary contracts necessary for the execution of such a contract, provided that such authorisation is requested before 1 May 2022. 6. Authorisations required under this Article shall be granted by the relevant competent authority in accordance with the rules and procedures laid down in Regulation (EU) 2021/821, which shall apply mutatis mutandis. Such authorisation shall be valid throughout the Union. 7. When deciding on a request for authorisation pursuant to paragraphs 4 and 5, the competent authority shall not grant an authorisation if it has reasonable grounds to believe that:
8. The competent authority may annul, suspend, modify or revoke an authorisation which it has granted pursuant to paragraphs 4 and 5 if it deems that such annulment, suspension, modification or revocation is necessary for the effective implementation of this Regulation.’; |
(5) |
Article 1f is replaced by the following: ‘Article 1f 1. Without prejudice to Articles 1a, 1c and 1s, it shall be prohibited to sell, supply, transfer or export, directly or indirectly, goods and technology which might contribute to Belarus’s military and technological enhancement, or to the development of its defence and security sector, as listed in Annex Va, 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:
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:
With the exception of points (f) and (g), the exporter shall declare in its customs declaration that the items are being exported under the relevant exception set out in this paragraph and shall notify the competent authority of the Member State in which it is resident or established of the first use of the relevant exception within 30 days from that first export. 4. By way of derogation from paragraphs 1 and 2, the competent authority may authorise the sale, supply, transfer or export of the goods and technology referred to in paragraph 1 or the provision of related technical or financial assistance, for non-military use and for a non-military end-user, after having determined that such goods or technology or the related technical or financial assistance are intended for:
5. By way of derogation from paragraphs 1 and 2, the competent authority of a Member State may authorise the sale, supply, transfer or export of the goods and technology referred to in paragraph 1 or the provision of related technical or financial assistance, for non-military use and for a non-military end-user, after having determined that such goods or technology or the related technical or financial assistance are due under contracts concluded before 3 March 2022, or ancillary contracts necessary for the execution of such a contract, provided that such authorisation is requested before 1 May 2022. 6. Authorisations required under this Article shall be granted by the relevant competent authority in accordance with the rules and procedures laid down in Regulation (EU) 2021/821, which shall apply mutatis mutandis. Such authorisations shall be valid throughout the Union. 7. When deciding on a request for authorisation pursuant to paragraphs 4 and 5, the competent authority shall not grant an authorisation if it has reasonable grounds to believe that:
8. The competent authority may annul, suspend, modify or revoke an authorisation which it has granted pursuant to paragraphs 4 and 5 if it deems that such annulment, suspension, modification or revocation is necessary for the effective implementation of this Regulation.’; |
(6) |
the following Articles are inserted: ‘Article 1fa 1. With regard to the entities 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 pursuant to Regulation (EU) 2021/821, the competent authority 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:
2. Authorisations required under this Article shall be granted by the competent authorities of the Member State in accordance with the rules and procedures laid down in Regulation (EU) 2021/821, which shall apply mutatis mutandis. Such authorisation shall be valid throughout the Union. 3. The competent authorities may annul, suspend, modify or revoke an authorisation which they have granted pursuant to paragraph 1 if they deem that such annulment, suspension, modification or revocation is necessary for the effective implementation of this Regulation. Article 1fb 1. The notification to the competent authority referred to in Articles 1e(3) and 2f(3) shall be submitted 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. 2. All authorisations referred to in Articles 1e and 1f 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. Article 1fc 1. The competent authorities shall exchange information on authorisations granted and denials issued pursuant to Articles 1e, 1f and 1fa with the other Member States and the Commission. Such exchange of information shall be carried out using the electronic system provided pursuant to Article 23(6) of Regulation (EU) 2021/821. 2. Information received as a result of the application of this Article shall be used only for the purpose for which it was requested, including the exchanges mentioned in paragraph 4. Member States and the Commission shall ensure the protection of confidential information acquired in the application of this Article in accordance with Union law and the respective national law. Member States and the Commission shall ensure that classified information provided or exchanged under this Article is not downgraded or declassified without the prior written consent of the originator. 3. Before a Member State grants an authorisation in accordance with Article 1e, 1f or 1fa for a transaction which is essentially identical to a transaction which is the subject of a still valid denial issued by another Member State or by other Member States, it shall first consult the Member State or Member States which issued the denial. If, following such consultations, the Member State concerned decides to grant an authorisation, it shall inform the other Member States and the Commission thereof, providing all relevant information to explain the decision. 4. The Commission, in consultation with the Member States, shall, where appropriate and on the basis of reciprocity, exchange information with partner countries, with a view to supporting the effectiveness of export control measures under this Regulation and the consistent application of export control measures applied by partner countries.’; |
(7) |
Article 1g is amended as follows:
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(8) |
in Article 1h, the words ‘petroleum and gaseous hydrocarbon products’ are replaced by ‘mineral products’; |
(9) |
in Article 1h, paragraph 3 is deleted; |
(10) |
Article 1i is amended as follows:
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(11) |
in Article 1k, paragraph 4 is deleted; |
(12) |
in Article 1l, paragraph 3 is deleted; |
(13) |
the following Articles are inserted: ‘Article 1o 1. It shall be prohibited:
2. The prohibitions in paragraph 1 shall be without prejudice to the execution until 4 June 2022 of contracts concluded before 2 March 2022, or ancillary contracts necessary for the execution of such contracts. Article 1p 1. It shall be prohibited:
2. The prohibitions in paragraph 1 shall be without prejudice to the execution until 4 June 2022 of contracts concluded before 2 March 2022, or ancillary contracts necessary for the execution of such contracts. Article 1q 1. It shall be prohibited:
2. The prohibitions in paragraph 1 shall be without prejudice to the execution until 4 June 2022 of contracts concluded before 2 March 2022, or ancillary contracts necessary for the execution of such contracts. Article 1r 1. It shall be prohibited:
2. The prohibitions in paragraph 1 shall be without prejudice to the execution until 4 June 2022 of contracts concluded before 2 March 2022, or ancillary contracts necessary for the execution of such contracts. Article 1s 1. It shall be prohibited:
2. The prohibitions in paragraph 1 shall not apply to the sale, supply, transfer or export of the machinery 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:
With the exception of points (f) and (g), the exporter shall declare in its customs declaration that the items are being exported under the relevant exception set out in this paragraph and shall notify the competent authority of the Member State where the exporter is resident or established of the first use of the relevant exception within 30 days from that first export. 3. The prohibitions in paragraph 1 shall be without prejudice to the execution until 4 June 2022 of contracts concluded before 2 March 2022, or ancillary contracts necessary for the execution of such contracts.’; |
(14) |
Article 8 is replaced by the following: ‘Article 8 The Commission shall be empowered to amend Annexes II and Vc on the basis of information supplied by Member States.’; |
(15) |
Annex V to Regulation (EC) No 765/2006 is replaced by Annex I to this Regulation; |
(16) |
Annex II to this Regulation is inserted in Regulation (EC) No 765/2006 as Annex Va; |
(17) |
Annex III to this Regulation is inserted in Regulation (EC) No 765/2006 as Annex Vb; |
(18) |
Annex IV to this Regulation is inserted in Regulation (EC) No 765/2006 as Annex Vc; |
(19) |
Annex VI of Regulation (EC) No 765/2006 is amended as set out in Annex V to this Regulation; |
(20) |
Annex VII of Regulation (EC) No 765/2006 is amended as set out in Annex VI to this Regulation; |
(21) |
Annex VIII of Regulation (EC) No 765/2006 is amended as set out in Annex VII to this Regulation; |
(22) |
Annex VIII to this Regulation is added to Regulation (EC) No 765/2006 as Annex X; |
(23) |
Annex IX to this Regulation is added to Regulation (EC) No 765/2006 as Annex XI; |
(24) |
Annex X to this Regulation is added to Regulation (EC) No 765/2006 as Annex XII; |
(25) |
Annex XI to this Regulation is added to Regulation (EC) No 765/2006 as Annex XIII; |
(26) |
Annex XII to this Regulation is added to Regulation (EC) No 765/2006 as Annex XIV. |
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, 2 March 2022.
For the Council
The President
J.-Y. LE DRIAN
(1) OJ L 285, 17.10.2012, p. 1.
(2) Council Regulation (EC) No 765/2006 of 18 May 2006 concerning restrictive measures in respect of Belarus (OJ L 134, 20.5.2006, p. 1).
ANNEX I
Annex V to Regulation 765/2006 is replaced by the following:
‘ANNEX V
LIST OF NATURAL OR LEGAL PERSONS REFERRED TO IN ARTICLES 1e(7), 1f(7) AND 1fa(1)
Belarus Ministry of Defence.
ANNEX II
‘ANNEX Va
LIST OF GOODS AND TECHNOLOGY REFERRED TO IN ARTICLES 1f(1) AND 1fa(1)
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 (1) 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 Article 1fa of this Regulation.
Category I - Electronics
X.A.I.001 |
Electronic devices and components.
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X.A.I.002 |
General purpose "electronic assemblies", modules and equipment.
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X.A.I.003 |
Specific processing equipment, other than those specified in the CML or in Regulation (EU) 2021/821, as follows:
|
X.B.I.001 |
Equipment for the manufacture of electronic components or materials, as follows, and specially designed components and accessories therefor.
|
X.B.I.002 |
Equipment for the inspection or testing of electronic components and materials, and specially designed components and accessories therefor.
|
X.C.I.001 |
Positive resists designed for semiconductor lithography specially adjusted (optimised) for use at wavelengths between 370 and 193 nm. |
X.D.I.001 |
“Software” specially designed for the “development”, “production”, or “use” of electronic devices or components controlled by X.A.I.001, general purpose electronic equipment controlled by X.A.I.002, or manufacturing and test equipment controlled by X.B.I.001 and X.B.I.002; or “software” specially designed for the “use” of equipment controlled by 3B001.g and 3B001.h (10). |
X.E.I.001 |
“Technology” for the “development”, “production” or “use” of electronic devices or components controlled by X.A.I.001, general purpose electronic equipment controlled by X.A.I.002, or manufacturing and test equipment controlled by X.B.I.001 or X.B.I.002, or materials controlled by X.C.I.001. |
Category II – Computers
Note: |
Category II does not control goods for the personal use of the natural persons. |
X.A.II.001 |
Computers, “electronic assemblies” and related equipment, not controlled by 4A001 or 4A003 (11), and specially designed components therefor.
|
X.D.II.001 |
“Program” proof and validation “software”, “software” allowing the automatic generation of “source codes”, and operating system “software” that are specially designed for “real-time processing” equipment.
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X.D.II.002 |
“Software” other than that controlled in 4D001 (14) specially designed or modified for the “development”, “production” or “use” of equipment controlled by 4A101 (15), X.A.II.001. |
X.E.II.001 |
“Technology” for the “development”, “production” or “use” of equipment controlled by X.A.II.001, or “software” controlled by X.D.II.001 or X.D.II.002. |
X.E.II.001 |
“Technology” for the “development” or “production” of equipment designed for “multi-data-stream processing”.
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Category III. Part 1 – Telecommunications
Note: |
Category III.Part 1 does not control goods for the personal use of the natural persons. |
X.A.III.101 |
Telecommunication equipment.
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X.B.III.101 |
Telecommunications test equipment, other than those specified in the CML or in Regulation (EU) 2021/821. |
X.C.III.101 |
Preforms of glass or of any other material optimised for the manufacture of optical fibres controlled by X.A.III.101. |
X.D.III.101 |
“Software” specially designed or modified for the “development”, “production” or “use” of equipment controlled by X.A.III.101 and X.B.III.101, and dynamic adaptive routing software as described as follows:
|
X.E.III.101 |
“Technology” for the “development”, “production” or “use” of equipment controlled by X.A.III.101 or X.B.III.101, or “software” controlled by X.D.III.101, and other “technologies” as follows:
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Category III. Part 2 – Information Security
Note: |
Category III. Part 2 does not control goods for the personal use of the natural persons. |
X.A.III.201 |
Equipment as follows:
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X.D.III.201 |
“Information Security”“software” as follows:
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X.E.III.201 |
“Information Security”“technology” according to the General Technology Note, as follows:
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Category IV – Sensors and Lasers
X.A.IV.001 |
Marine or terrestrial acoustic equipment, capable of detecting or locating underwater objects or features or positioning surface vessels or underwater vehicles; and specially designed components, other than those specified in the CML or in Regulation (EU) 2021/821. |
X.A.IV.002 |
Optical Sensors as follows:
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X.A.IV.003 |
Cameras as follows:
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X.A.IV.004 |
Optics as follows:
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X.A.IV.005 |
“Lasers” as follows:
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X.A.IV.006 |
“Magnetometers”, “Superconductive” electromagnetic sensors, and specially designed components therefor, as follows:
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X.A.IV.007 |
Gravity meters (gravimeters) for ground use, other than those specified in the CML or in Regulation (EU) 2021/821, as follows:
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X.A.IV.008 |
Radar systems, equipment and major components, other than those specified in the CML or in Regulation (EU) 2021/821, and specially designed components therefor, as follows:
|
X.A.IV.009 |
Specific processing equipment, as follows:
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X.B.IV.001 |
Equipment, including tools, dies, fixtures or gauges, and other specially designed components and accessories therefor, specially designed or modified for any of the following:
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X.C.IV.001 |
Optical sensing fibres that are modified structurally to have a “beat length” of less than 500 mm (high birefringence) or optical sensor materials not described in 6C002.b (20) and having a zinc content of equal to or more than 6 % by “mole fraction.”
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X.C.IV.002 |
Optical materials, as follows:
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X.D.IV.001 |
“Software”, other than those specified in the CML or in Regulation (EU) 2021/821, specially designed for the “development”, “production”, or “use” of goods controlled by 6A002, 6A003 (22), X.A.IV.001, X.A.IV.006, X.A.IV.007, or X.A.IV.008. |
X.D.IV.002 |
“Software” specially designed for the “development” or “production” of equipment controlled by X.A.IV.002, X.A.IV.004, or X.A.IV.005. |
X.D.IV.003 |
Other “software”, as follows:
|
X.E.IV.001 |
“Technology” for the “development”, “production” or “use” of equipment controlled by X.A.IV.001, X.A.IV.006, X.A.IV.007, X.A.IV.008 or X.A.IV.009.c. |
X.E.IV.002 |
“Technology” for the “development” or “production” of equipment, materials or “software” controlled by X.A.IV.002, X.A.IV.004, or X.A.IV.005, X.B.IV.001, X.C.IV.001, X.C.IV.002, or X.D.IV.003. |
X.E.IV.003 |
Other “technology” as follows:
|
Category V – Navigation and Avionics
X.A.V.001 |
Airborne communication equipment, all "aircraft" inertial navigation systems, and other avionic equipment, including components, other than those specified in the CML or in Regulation (EU) 2021/821.
|
X.B.V.001 |
Other equipment specially designed for the test, inspection, or “production” of navigation and avionics equipment. |
X.D.V.001 |
“Software”, other than specified in the CML or in Regulation (EU) 2021/821, for the “development”, “production”, or “use” of navigation, airborne communication and other avionics. |
X.E.V.001 |
“Technology”, other than specified in the CML or in Regulation (EU) 2021/821, for the “development”, “production” or “use” of navigation, airborne communication, and other avionics equipment. |
Category VI – Marine
X.A.VI.001 |
Vessels, marine systems or equipment, and specially designed components therefor, components and accessories as follows:
|
X.D.VI.001 |
“Software” specially designed or modified for the “development”, “production” or “use” of equipment controlled by X.A.VI.001. |
X.D.VI.002 |
“Software” specially designed for the operation of unmanned submersible vehicles used in the oil and gas industry. |
X.E.VI.001 |
“Technology” for the “development”, “production” or “use” of equipment controlled by X.A.VI.001. |
Category VII – Aerospace and Propulsion
X.A.VII.001 |
Diesel engines, and tractors and specially designed components therefor, other than those specified in the CML or in Regulation (EU) 2021/821.
|
X.A.VII.002 |
Gas turbine engines and components, other than those specified in the CML or in Regulation (EU) 2021/821.
|
X.B.VII.001 |
Vibration test equipment and specially designed components, other than those specified in the CML or in Regulation (EU) 2021/821.
|
X.B.VII.002 |
Specially designed “equipment”, tooling or fixtures for manufacturing or measuring gas turbine blades, vanes or tip shroud castings, as follows:
|
X.D.VII.001 |
“Software”, other than those specified in the CML or in Regulation (EU) 2021/821, for the “development” or “production” of equipment controlled by X.A.VII.001 or X.B.VII.001. |
X.D.VII.002 |
“Software”, for the “development” or “production” of equipment controlled by X.A.VII.002 or X.B.VII.002. |
X.E.VII.001 |
“Technology”, other than those specified in the CML or in Regulation (EU) 2021/821, for the “development” or “production” or “use” of equipment controlled by X.A.VII.001 or X.B.VII.001. |
X.E.VII.002 |
“Technology”, for the “development”, “production” or “use” of equipment controlled by X.A.VII.002 or X.B.VII.002. |
X.E.VII.003 |
Other “technology”, not described by 9E003 (24), as follows:
|
(1) Common Military List of the European Union (OJ C 85, 13.3.2020, p.1).
(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.
(24) Ref. Annex I to Regulation (EU) 2021/821.
ANNEX III
‘ANNEX Vb
LIST OF PARTNER COUNTRIES REFERRED TO IN ARTICLES 1e(4), 1f(4) AND 1fc(4)
[…]
ANNEX IV
‘ANNEX Vc
A. Model for supply, transfer or export notification, application and authorisation forms
(referred to in Article 1fb of this Regulation)
The export authorisation is valid in all Member States of the European Union until its expiry date.
EUROPEAN UNION |
EXPORT AUTHORISATION / NOTIFICATION (Council Regulation (EC) No 765/2006) |
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If notifying pursuant to Article 1e(3) or 1f(3) of Regulation (EC) No 765/2006, indicate what point(s) applies/apply:
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For authorisations, indicate if this has been requested pursuant to Article 1e(4), 1e(5), 1f(4), 1f(5) or 1fa(1) of Regulation (EC) No 765/2006: |
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For authorisations pursuant to Article 1e(4) or 1f(4) of Regulation (EC) No 765/2006, indicate what point(s) applies/apply:
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For authorisations pursuant to Article 1fa(1) of Regulation (EC) No 765/2006, indicate what point applies:
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B. Model for brokering services/technical assistance notification, application and authorisation forms
(referred to in Article 1fb of this Regulation)
EUROPEAN UNION |
PROVISION OF TECHNICAL ASSISTANCE (Council Regulation (EC) No 765/2006) |
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If notifying pursuant to Article 1e(3) or 1f(3) of Regulation (EC) No 765/2006, indicate what point(s) applies/apply:
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For authorisations, indicate if this has been requested pursuant to Article 1e(4), 1e(5), 1f(4), 1f(5) or 1fa(1) of Regulation (EC) No 765/2006: |
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For authorisations pursuant to Article 1e(4) or 1f(4) of Regulation (EC) No 765/2006, indicate what point(s) applies/apply:
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For authorisations pursuant to Article 1fa(1) of Regulation (EC) No 765/2006, indicate what point applies:
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(1) See Regulation (EU) 2019/2152 of the European Parliament and of the Council of 27 November 2019 on European business statistics, repealing 10 legal acts in the field of business statistics (OJ L 327, 17.12.2019, p. 1).
(2) If needed, this description may be given in one or more attachments to this form (1bis). In that case, indicate the exact number of attachments in this box. The description should be as precise as possible and integrate, where relevant, the CAS or other references for chemical items in particular.
(1) See Regulation (EU) 2019/2152 of the European Parliament and of the Council of 27 November 2019 on European business statistics, repealing 10 legal acts in the field of business statistics (OJ L 327, 17.12.2019, p. 1).
ANNEX V
Annex VI to Regulation 765/2006 is replaced by the following:
‘ANNEX VI
LIST OF GOODS USED FOR THE PRODUCTION OR MANUFACTURING OF TOBACCO PRODUCTS REFERRED TO IN ARTICLE 1g
Name of the good |
Combined Nomenclature (CN) code (1) |
Filters |
ex 4823 90 |
Papers for cigarettes |
4813 |
Flavours for tobacco |
ex 3302 90 |
Machinery for preparing or making up of tobacco |
8478 |
Other knives and cutting blades, for machines or for mechanical appliances |
ex 8208 90 00 |
(1) https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L:2021:385:FULL&from=EN
ANNEX VI
Annex VII to Regulation 765/2006 is replaced by the following:
‘ANNEX VII
LIST OF MINERAL PRODUCTS REFERRED TO IN ARTICLE 1h
Name of the good |
Combined Nomenclature (CN) code (1) |
Oils and other products of the distillation of high temperature coal tar; similar products in which the weight of the aromatic constituents exceeds that of the non-aromatic constituents |
2707 |
Petroleum oils and oils obtained from bituminous minerals (excl. crude); preparations containing >= 70% by weight of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations, n.e.s.; waste oils containing mainly petroleum or bituminous minerals |
2710 |
Petroleum gas and other gaseous hydrocarbons |
2711 |
Petroleum jelly, paraffin wax, micro- crystalline petroleum wax, slack wax, ozokerite, lignite wax, peat wax, other mineral waxes, and similar products obtained by synthesis or by other processes, whether or not coloured |
2712 |
Petroleum coke, petroleum bitumen and other residues of petroleum oil or of oil obtained from bituminous minerals, n.e.s. |
2713 |
Bituminous mastics, cut-backs and other bituminous mixtures based on natural asphalt, on natural bitumen, on petroleum bitumen, on mineral tar or on mineral tar pitch |
2715 |
(1) https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L:2021:385:FULL&from=EN
ANNEX VII
Annex VIII to Regulation 765/2006 is replaced by the following:
‘ANNEX VIII
LIST OF POTASSIUM CHLORIDE (‘POTASH’) PRODUCTS REFERRED TO IN ARTICLE 1i
Name of the good |
Combined Nomenclature (CN) code (1) |
Potassium chloride |
3104 20 |
Mineral or chemical fertilisers containing the three fertilising elements nitrogen, phosphorus and potassium |
3105 20 10 3105 20 90 |
Mineral or chemical fertilisers containing the two fertilising elements phosphorus and potassium |
3105 60 00 |
Other fertilisers containing potassium chloride |
ex 3105 90 20 ex 3105 90 80 |
(1) https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L:2021:385:FULL&from=EN
ANNEX IX
‘ANNEX XI
LIST OF CEMENT PRODUCTS REFERRED TO IN ARTICLE 1p
Name of the good |
Combined Nomenclature (CN) code (1) |
Cement, incl. cement clinkers, whether or not coloured |
2523 |
Articles of cement, concrete or artificial stone, whether or not reinforced |
6810 |
(1) https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L:2021:385:FULL&from=EN
ANNEX XII
‘ANNEX XIV
LIST OF MACHINERY REFERRED TO IN ARTICLE 1s
Name of the good |
Combined Nomenclature (CN) code (1) |
Nuclear reactors; fuel elements (cartridges), non-irradiated, for nuclear reactors; machinery and apparatus for isotopic separation: |
8401 |
Steam or other vapour generating boilers (other than central heating hot water boilers capable also of producing low pressure steam); superheated water boilers: |
8402 |
Auxiliary plant for use with boilers of heading 8402 or 8403 (for example, economisers, superheaters, soot removers, gas recoverers); condensers for steam or other vapour power units |
8404 |
Producer gas or water gas generators, with or without their purifiers; acetylene gas generators and similar water process gas generators, with or without their purifiers |
8405 |
Steam turbines and other vapour turbines: |
8406 |
Spark-ignition reciprocating or rotary internal combustion piston engines |
8407 |
Compression-ignition internal combustion piston engines (diesel or semidiesel engines): |
8408 |
Parts suitable for use solely or principally with the engines of heading 8407 or 8408 |
8409 |
Hydraulic turbines, water wheels, and regulators therefor |
8410 |
Other engines and motors |
8412 |
Pumps for liquids, whether or not fitted with a measuring device; liquid elevators: |
8413 |
Air-conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated |
8415 |
Furnace burners for liquid fuel, for pulverised solid fuel or for gas; mechanical stokers, including their mechanical grates, mechanical ash dischargers and similar appliances |
8416 |
Heat pumps other than air-conditioning machines of heading 8415 |
Ex84 18 |
Calendering or other rolling machines, other than for metals or glass, and cylinders therefor |
8420 |
Centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases |
8421 |
Machinery for cleaning or drying bottles or other containers; machinery for filling, closing, sealing or labelling bottles, cans, boxes, bags or other containers; machinery for capsuling bottles, jars, tubes and similar containers; other packing or wrapping machinery (including heat-shrink wrapping machinery); machinery for aerating beverages |
Ex84 22 |
Weighing machinery (excluding balances of a sensitivity of 5 cg or better), including weight-operated counting or checking machines; weighing machine weights of all kinds |
8423 |
Mechanical appliances (whether or not hand-operated) for projecting, dispersing or spraying liquids or powders; fire extinguishers, whether or not charged; spray guns and similar appliances; steam or sandblasting machines and similar jet projecting machines |
8424 |
Pulley tackle and hoists other than skip hoists; winches and capstans; jacks |
8425 |
Ships' derricks; cranes, including cable cranes; mobile lifting frames, straddle carriers and works trucks fitted with a crane |
8426 |
Fork-lift trucks; other works trucks fitted with lifting or handling equipment |
8427 |
Other lifting, handling, loading or unloading machinery (for example, lifts, escalators, conveyors, teleferics |
8428 |
Self-propelled bulldozers, angledozers, graders, levellers, scrapers, mechanical shovels, excavators, shovel loaders, tamping machines and roadrollers |
8429 |
Other moving, grading, levelling, scraping, excavating, tamping, compacting, extracting or boring machinery, for earth, minerals or ores; piledrivers and pile extractors; snowploughs and snowblowers |
8430 |
Parts suitable for use solely or principally with the machinery of headings 8425 to 8430 |
8431 |
Machinery for making pulp of fibrous cellulosic material or for making or finishing paper or paperboard |
8439 |
Bookbinding machinery, including book-sewing machines |
8440 |
Other machinery for making up paper pulp, paper or paperboard, including cutting machines of all kinds |
8441 |
Machinery, apparatus and equipment (other than the machine tools of headings 8456 to 8465 ) for preparing or making plates, cylinders or other printing components; plates, cylinders and other printing components; plates, cylinders and lithographic stones, prepared for printing purposes (for example, planed, grained or polished) |
8442 |
Printing machinery used for printing by means of plates, cylinders and other printing components of heading 8442 ; other printers, copying machines and facsimile machines, whether or not combined; parts and accessories thereof |
8443 |
Machines for extruding, drawing, texturing or cutting man-made textile materials: |
8444 00 |
Machines for preparing textile fibres; spinning, doubling or twisting machines and other machinery for producing textile yarns; textile reeling or winding (including weft-winding) machines and machines for preparing textile yarns for use on the machines of heading 8446 or 8447 |
8445 |
Knitting machines, stitch-bonding machines and machines for making gimped yarn, tulle, lace, embroidery, trimmings, braid or net and machines for tufting |
8447 |
Auxiliary machinery for use with machines of heading 8444 , 8445 , 8446 or 8447 (for example, dobbies, jacquards, automatic stop motions, shuttle changing mechanisms); parts and accessories suitable for use solely or principally with the machines of this heading or of heading 8444 , 8445 , 8446 or 8447 (for example, spindles and spindle flyers, card clothing, combs, extruding nipples, shuttles, healds and heald-frames, hosiery needles) |
8448 |
Machinery for the manufacture or finishing of felt or nonwovens in the piece or in shapes, including machinery for making felt hats; blocks for making hats |
8449 00 00 |
Machinery for preparing, tanning or working hides, skins or leather or for making or repairing footwear or other articles of hides, skins or leather, other than sewing machines |
8453 |
Converters, ladles, ingot moulds and casting machines, of a kind used in metallurgy or in metal foundries |
8454 |
Metal-rolling mills and rolls therefor |
8455 |
Machining centres, unit construction machines (single station) and multi- station transfer machines, for working metal |
8457 |
Lathes (including turning centres) for removing metal |
8458 |
Parts and accessories suitable for use solely or principally with the machines of headings 8456 to 8465 , including work or tool holders, self- opening dieheads, dividing heads and other special attachments for machine tools; tool holders for any type of tool for working in the hand |
8466 |
Tools for working in the hand, pneumatic, hydraulic or with self- contained electric or non-electric motor |
8467 |
Machinery and apparatus for soldering, brazing or welding, whether or not capable of cutting, other than those of heading 8515 ; gas-operated surface tempering machines and appliances |
8468 |
Automatic data-processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not elsewhere specified or included |
8471 |
Machinery for sorting, screening, separating, washing, crushing, grinding, mixing or kneading earth, stone, ores or other mineral substances, in solid (including powder or paste) form; machinery for agglomerating, shaping or moulding solid mineral fuels, ceramic paste, unhardened cements, plastering materials or other mineral products in powder or paste form; machines for forming foundry moulds of sand |
8474 |
Machines for assembling electric or electronic lamps, tubes or valves or flashbulbs, in glass envelopes; machines for manufacturing or hot working glass or glassware |
8475 |
Machinery for working rubber or plastics or for the manufacture of products from these materials, not specified or included elsewhere in this chapter |
8477 |
Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter |
8479 |
Moulding boxes for metal foundry; mould bases; moulding patterns; moulds for metal (other than ingot moulds), metal carbides, glass, mineral materials, rubber or plastics |
8480 |
Taps, cocks, valves and similar appliances for pipes, boiler shells, tanks, vats or the like, including pressure-reducing valves and thermostatically controlled valves |
8481 |
Ball or roller bearings |
8482 |
Transmission shafts (including cam shafts and crank shafts) and cranks; bearing housings and plain shaft bearings; gears and gearing; ball or roller screws; gear boxes and other speed changers, including torque converters; flywheels and pulleys, including pulley blocks; clutches and shaft couplings (including universal joints) |
8483 |
Gaskets and similar joints of metal sheeting combined with other material or of two or more layers of metal; sets or assortments of gaskets and similar joints, dissimilar in composition, put up in pouches, envelopes or similar packings; mechanical seals |
8484 |
Electric motors and generators (excluding generating sets) |
8501 |
Electric generating sets and rotary converters |
8502 |
Parts suitable for use solely or principally with electric motors and generators, electric generating sets or rotary converters not specified elsewhere |
8503 |
Electrical transformers, static converters (for example, rectifiers) and inductors; parts thereof |
8504 |
Electromagnets (other than for medical use); permanent magnets and articles intended to become permanent magnets after magnetisation; electromagnetic or permanent magnet chucks, clamps and similar holding devices; electromagnetic couplings, clutches and brakes; electromagnetic lifting heads; parts thereof |
8505 |
Electric accumulators, incl. separators therefor, whether or not square or rectangular; parts thereof (excl. spent and those of unhardened rubber or textiles) |
8507 |
Electrical ignition or starting equipment of a kind used for spark-ignition or compression-ignition internal combustion engines (for example, ignition magnetos, magneto-dynamos, ignition coils, sparking plugs and glow plugs, starter motors); generators (for example, dynamos, alternators) and cut-outs of a kind used in conjunction with such engines; parts thereof |
8511 |
Industrial or laboratory electric furnaces and ovens (including those functioning by induction or dielectric loss); other industrial or laboratory equipment for the heat treatment of materials by induction or dielectric loss; parts thereof |
8514 |
Parts suitable for use solely or principally with the apparatus of headings 8525 to 8528 |
8529 |
Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of headings 8535 or 8536 , for electric control or the distribution of electricity, including those incorporating instruments or apparatus of Chapter 90, and numerical control cabinets (excl. switching apparatus for line telephony or line telegraphy or videophones) |
8537 |
Parts suitable for use solely or principally with the apparatus of headings 8535 , 8536 or 8537 not specified elsewhere |
8538 |
Electric filament or discharge lamps, including sealed beam lamp units and ultraviolet or infra-red lamps; arc lamps; parts thereof |
8539 |
Insulated (incl. enamelled or anodised) wire, cable (incl. coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fibre cables, made up of individually sheathed fibres, whether or not assembled with electric conductors or fitted with connectors |
8544 |
Carbon electrodes, carbon brushes, lamp carbons, battery carbons and other articles of graphite or other carbon, with or without metal, of a kind used for electrical purposes |
8545 |
Insulating fittings for electrical machines, appliances or equipment, being fittings wholly of insulating material apart from any minor components of metal (for example, threaded sockets) incorporated during moulding solely for purposes of assembly, other than insulators of heading 8546 ; electrical conduit tubing and joints therefor, of base metal lined with insulating material |
8547 |
Waste and scrap of primary cells, primary batteries and electric accumulators; spent primary cells, spent primary batteries and spent electric accumulators; electrical parts of machinery or apparatus, not specified elsewhere in Chapter 85 |
8548 |
Confidential products under Chapter 85; goods under Chapter 85 transported by post or by parcel post (extra)/reconstituted code for statistical distribution |
|
(1) https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L:2021:385:FULL&from=EN
DECISIONS
2.3.2022 |
EN |
Official Journal of the European Union |
L 67/103 |
COUNCIL DECISION (CFSP) 2022/356
of 2 March 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 February 2022, the President of the Russian Federation announced a military operation in Ukraine and Russian armed forces began an attack on Ukraine, including from the territory of Belarus. That attack is a blatant violation of the territorial integrity, sovereignty and independence of Ukraine. |
(3) |
In its conclusions of 24 February 2022, the European Council condemned in the strongest possible terms the Russian Federation's unprovoked and unjustified military aggression against Ukraine. By its illegal military actions, Russia is grossly violating international law and the principles of the United Nations Charter and undermining European and global security and stability. The European Council also strongly condemned the involvement of Belarus in that aggression against Ukraine and called on it to refrain from such action and to abide by its international obligations. It called for the urgent preparation and adoption of a package of further individual and economic sanctions, also covering Belarus. |
(4) |
In view of the gravity of the situation, and in response to Belarus's involvement in Russia's aggression against Ukraine, it is appropriate to amend the title of Decision 2012/642/CFSP and to introduce further restrictive measures. |
(5) |
In particular, is appropriate to introduce further restrictions related to the trade of goods used for the production or manufacturing of tobacco products, mineral fuels, bituminous substances and gaseous hydrocarbon products, potassium chloride (‘potash’) products, wood products, cement products, iron and steel products and rubber products. It is also appropriate to impose further restrictions on exports of dual-use goods and technology and on the provision of related services, as well as restrictions on exports of certain goods and technology which might contribute to Belarus's military, technological, defence and security development, together with restrictions on the provision of related services. |
(6) |
Further action by the Union is needed in order to implement certain measures. |
(7) |
Decision 2012/642/CFSP should therefore be amended accordingly, |