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Council Regulation (EU) No 1014/2012 of 6 November 2012 amending Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus

In forceVersion 2012-11-06from 2012-11-07
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Contents
  1. Preamble
    1. Article 1
  3. Article 1
  4. (1)
    1. Article 2
    1. Article 1
    2. Article 2

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 against Belarus,

Having regard to the joint proposal of the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,

Whereas:

(1) Council Regulation (EC) No 765/2006 of 18 May 2006 concerning restrictive measures in respect of Belarus provides for a freezing of funds and economic resources of President Lukashenka and certain officials of Belarus as well as persons responsible for, inter alia, serious violations of human rights, the repression of civil society and democratic opposition, or violations of international electoral standards. It also provides for a freezing of funds and economic resources of persons and entities benefiting from, or supporting, the Lukashenka regime.

(2) By Decision 2012/642/CFSP, the Council decided to clarify the criteria for listing natural or legal persons, entities and bodies in the Annexes to Council Decision 2010/639/CFSP, and to consolidate those Annexes into a single Annex.

(3) This Regulation falls within the scope of the Treaty on the Functioning of the European Union and regulatory action at the level of the Union is therefore necessary in order to implement it, in particular, with a view to ensuring its uniform application by economic operators in all Member States.

(4) 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) Article 2 is replaced by the following:

Article 1

(1)

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, 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.

Article 1

(2) In paragraphs 1 and 2 of Article 2b, in Article 3(1)(a), in Article 4a and in paragraphs 1 and 4 of Article 8a, references to Annexes I, IA and IB or to Annexes I or (in) IA are replaced by references to Annex I.

Article 2

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. Done at Brussels, 6 November 2012. For the Council The President A. D. Mavroyiannis

Versions

  1. 2012-11-06

Cited by

  • Judgment of the Court (First Chamber) of 12 March 2026 (request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas (Lithuania)) – EM SYSTEM UAB v SEB bankas AB, Citadele banka Lietuvos filialas AS (Case C-84/24, EM System) Notice · Grade B
    Article 2(1) of Council Regulation (EC) No 765/2006 of 18 May 2006 concerning restrictive measures in respect of Belarus, as amended by Council Regulation (EU) No 1014/2012 of 6 November 2012, must be interpreted as meaning that assets deposited in the bank accounts of a company which is not included on the list in Annex I to Regulation No 765/2006 but in which a person included on that list has a 50 % shareholding must be presumed to be funds held or controlled by that person and, therefore, must be frozen, within the meaning of that provision.
  • Judgment of the Court (Fifth Chamber) 16 July 2026 Judgment · Grade B
    Article 2(4) and (5) of Regulation No 765/2006, as amended by Council Regulation (EU) No 1014/2012 of 6 November 2012 (OJ 2012 L 307, p. 1), refers to Article 4(1)(a) and (b) of Decision 2012/642 and lays down the same criteria for inclusion on the lists of persons, entities and bodies subject to the freezing of funds and economic resources as those laid down in that latter provision, including the criterion of supporting or benefiting from the Lukashenko regime (criterion (b)).
  • Judgment of the General Court (Ninth Chamber, Extended Composition) 20 March 2024 Judgment · Grade B
    According to Article 4(1)(a) and (b) of Decision 2012/642 and Article 2(4) and (5) of Regulation No 765/2006, as amended by Council Regulation (EU) No 1014/2012 of 6 November 2012 (OJ 2012 L 307, p. 1), the last provision referring to the first, all funds and economic resources owned, held or controlled by, inter alia, 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 natural or legal persons, entities or bodies
  • Judgment of the Court (Fifth Chamber) 3 July 2025 Judgment · Grade B
    Article 2(4) and (5) of Regulation No 765/2006, as amended by Council Regulation (EU) No 1014/2012 of 6 November 2012 (OJ 2012 L 307, p. 1), refers to Article 4(1)(a) and (b) of Decision 2012/642 and lays down the same criteria for inclusion on the lists of persons, entities and bodies subject to the freezing of funds and economic resources as those laid down by that latter provision, including the criterion of ‘support’ to the Lukashenko regime (the criterion of support to the Lukashenko regime).
  • Judgment of the General Court (Fifth Chamber) 15 February 2023 Judgment · Grade B
    According to Article 4(1)(a) of Decision 2012/642 and Article 2(4) of Regulation No 765/2006, as amended by Council Regulation (EU) No 1014/2012 of 6 November 2012, the latter provision referring to the former, all funds and economic resources owned, held or controlled by, inter alia, 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, are to be frozen (the general criterion at issue).
  • Opinion of Advocate General ĆAPETA delivered on 3 July 2025 Case C‑84/24 EM SYSTEM UAB v SEB bankas AB, Citadele banka AS Lietuvos filialas (Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas (Supreme Court of Lithuania, Lithuania)) Opinion · Grade B
    That decision was implemented by Regulation (EU) No 1014/2012, which, in turn, amended the Belarus Sanctions Regulation inter alia because Decision 2012/642 decided to clarify the criteria for listing natural or legal persons, entities and bodies.
  • Judgment of the General Court (First Chamber) 10 May 2016 Judgment · Grade B
    By Regulation (EU) No 1014/2012 of 6 November 2012 (OJ 2012 L 307, p. 1), the Council amended Regulation No 765/2006. It replaced Article 2 of the latter by the following: 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 effec
  • Judgment of the General Court (First Chamber) 10 May 2016 Judgment · Grade B
    Furthermore, by Regulation No 1014/2012, the references to Annexes I, IA and IB or the references to Annexes I or IA in Regulation No 765/2006, as amended, were replaced by references to Annex I.
  • Judgment of the General Court (First Chamber) 10 May 2016 Judgment · Grade B
    By letters of 7 November 2012, the Council informed the applicant and his representative of Decision 2012/642, Regulation No 1014/2012 and Implementing Regulation No 1017/2012.
  • Judgment of the General Court (Ninth Chamber) 29 May 2024 Judgment · Grade B
    According to Article 4(1)(b) and (c)(i) of Decision 2012/642, as amended by Council Decision (CFSP) 2021/1990 of 15 November 2021 (OJ 2021 L 405, p. 10), and Article 2(5) and (6) of Regulation No 765/2006, as amended by Council Regulation (EU) No 1014/2012 of 6 November 2012 (OJ 2012 L 307, p. 1) and Council Regulation (EU) 2021/1985 of 15 November 2021 (OJ 2021 L 405, p. 1), the latter provisions relating to the former, all funds and economic resources belonging to, owned, held or controlled by, inter alia, natural or legal persons, entities or bodies benefiting from or supporting the Lukashe
  • Judgment of the Court (Fifth Chamber) 18 June 2015 Judgment · Grade B
    By Regulation (EU) No 1014/2012 of 6 November 2012 (OJ 2012 L 307, p. 1), the Council amended Regulation No 765/2006. It replaced Article 2 of the latter regulation with the following text: 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 t
  • Judgment of the Court (Fifth Chamber) 18 June 2015 Judgment · Grade B
    In addition, Regulation No 1014/2012 replaced the references in Regulation No 765/2006, as amended, to Annexes I, IA and IB or Annexes I or ... IA with references to Annex I.
  • Judgment of the Court (Fifth Chamber) 18 June 2015 Judgment · Grade B
    On 7 November 2012, a notice for the attention of the persons and entities to which the restrictive measures provided for in Council Decision 2012/642/CFSP and in Council Regulation (EC) No 765/2006, as amended by Council Regulation (EU) No 1014/2012 and implemented by Council Implementing Regulation (EU) No 1017/2012 concerning restrictive measures against Belarus apply was published in the Official Journal [of the European Union] (OJ 2012 C 339, p. 9).
  • Judgment of the General Court of 23 September 2014 — Mikhalchanka v Council (Joined Cases T-196/11 and T-542/12) Notice · Grade B
    (Common foreign and security policyRestrictive measures taken against BelarusFreezing of funds and economic resourcesRestrictions on the entry into and transit through the European UnionInclusion and retention of the applicant’s name on the list of persons concernedJournalistAction for annulmentTime-limit for instituting proceedingsPartial inadmissibilityRights of the defenceObligation to state reasonsError of assessment)2014/C 388/08Language of the case: French Applicant: Aliaksei Mikhalchanka (Minsk, Belorus) (represented by: M. Michalauskas, lawyer) Defendant: Council of the European Union
  • P7_TA(2013)0382 EU policy towards Belarus European Parliament recommendation of 12 September 2013 to the Council, the Commission and the European External Action Service on EU Policy towards Belarus (2013/2036(INI)) 2016/C 093/30 Notice · Grade B
    having regard to the conclusions of the Foreign Affairs Council of 15 October 2012 and to the Council Regulation (EU) No 1014/2012 of 6 November 2012 on restrictive measures in respect of Belarus,
  • Notice for the attention of the persons and entities to which the restrictive measures provided for in Council Decision 2012/642/CFSP and in Council Regulation (EC) No 765/2006, as amended by Council Regulation (EU) No 1014/2012 and implemented by Council Implementing Regulation (EU) No 1017/2012 concerning restrictive measures against Belarus apply 2012/C 339/07 Notice · Grade B
    The following information is brought to the attention of persons and entities that appear in the Annex to Council Decision 2012/642/CFSP, and in Annex I to Council Regulation (EC) No 765/2006, as amended by Council Regulation (EU) No 1014/2012 and implemented by Council Implementing Regulation (EU) No 1017/2012 concerning restrictive measures against Belarus. The Council of the European Union has decided that the persons and entities that appear in the above-mentioned Annexes should continue to be included in the list of persons and entities subject to the restrictive measures provided for in