Council Decision (CFSP) 2022/579

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 in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine.

(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)	On 2 March 2022, the Council adopted Decision (CFSP) 2022/356 [2], which amended the title of Decision 2012/642/CFSP and introduced further restrictive measures in response to the involvement of Belarus in the Russian aggression against Ukraine.

(4)	In its conclusions of 24 March 2022, the European Council stated that the Union remains ready to move quickly with further coordinated robust sanctions on Russia and Belarus to effectively thwart Russian abilities to continue the aggression.

(5)

In view of the gravity of the situation, it is appropriate to prohibit the sale to Belarus of transferable securities denominated in any official currency of a Member State, and to prohibit the sale, supply, transfer or export to Belarus of banknotes denominated in any official currency of a Member State.

(6)	It is also appropriate to prohibit any road transport undertaking established in Belarus from transporting goods by road within the territory of the Union, including in transit.

(7)	Further action by the Union is needed in order to implement that measure.

(8)	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 2w, paragraph 1 is replaced by the following: “1.   It shall be prohibited to sell transferable securities denominated in any official currency of a Member State issued after 12 April 2022 or units in collective investment undertakings providing exposure to such securities, to any Belarusian national or natural person residing in Belarus or any legal person, entity or body established in Belarus.”;

(2)

Article 2x is replaced by the following:

‘Article 2x

1.   It shall be prohibited to sell, supply, transfer or export banknotes denominated in any official currency of a Member State to Belarus or to any natural or legal person, entity or body in Belarus, including the government and the Central Bank of Belarus, or for use in Belarus.

2.   The prohibition in paragraph 1 shall not apply to the sale, supply, transfer or export of banknotes denominated in any official currency of a Member State provided that such sale, supply, transfer or export is necessary for:

(a)	the personal use of natural persons travelling to Belarus or members of their immediate families travelling with them; or

(b)	the official purposes of diplomatic missions, consular posts or international organisations in Belarus enjoying immunities in accordance with international law.’;

(3)

the following Article is inserted:

‘Article 2z

1.   It shall be prohibited for any road transport undertaking established in Belarus to transport goods by road within the territory of the Union, including in transit.

2.   The prohibition in paragraph 1 shall not apply to road transport undertakings transporting mail as a universal service.

3.   The prohibition in paragraph 1 shall not apply until 16 April 2022 to the transport of goods that started before 9 April 2022, provided that the vehicle of the road transport undertaking:

(a)	was already in the territory of the Union on 9 April 2022, or

(b)	needs to transit through the Union in order to return to Belarus.

4.   By way of derogation from paragraph 1, the competent authorities of a Member State may authorise the transport of goods by a road transport undertaking established in Belarus if the competent authorities have determined that such transport is necessary for:

(a)	the purchase, import or transport into the Union of natural gas and oil, including refined petroleum products, as well as titanium, aluminium, copper, nickel, palladium and iron ore;

(b)	the purchase, import or transport of pharmaceutical, medical, agricultural and food products, including wheat and fertilisers whose import, purchase and transport is allowed under this Decision;

(c)	humanitarian purposes; or,

(d)	the functioning of diplomatic and consular representations of the Union and of the Member States in Belarus, including delegations, embassies and missions, or international organisations in Belarus enjoying immunities in accordance with international law.

5.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 4 within two weeks of the authorisation.’.

Article 2

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Done at Brussles, 8 April 2022.

For the Council
The President
J.-Y. LE DRIAN

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1. Council Decision 2012/642/CFSP of 15 October 2012 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine (OJ L 285, 17.10.2012, p. 1).
2. Council Decision (CFSP) 2022/356 of 2 March 2022 amending Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus (OJ L 67, 2.3.2022, p. 103).