HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 265/6
EN
Official Journal of the European Union
11.10.2011
II
(Non-legislative acts)
REGULATIONS
COUNCIL REGULATION (EU) No 999/2011
of 10 October 2011
amending Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus
THE COUNCIL OF THE EUROPEAN UNION,
(5) Regulation
(EC)
No
765/2006
should
therefore
be
amended accordingly,
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 215 thereof,
HAS ADOPTED THIS REGULATION:
Having regard to Council Decision 2011/666/CFSP of
10 October 2011 amending Decision 2010/639/CFSP
concerning restrictive measures against Belarus ( 1 ),
Article 1
In Regulation (EC) No 765/2006, the following Article is
Having regard to the joint proposal of the High Representative
inserted:
of the Union for Foreign Affairs and Security Policy and the
European Commission,
‘Article 4a
Whereas:
By way of derogation from Article 2(1), where a payment by
a natural or legal person, entity or body listed in Annex I or
Annex IA is due under a contract or agreement that was
(1) Council
Regulation
(EC)
No
765/2006
of
18
May
concluded by, or an obligation that arose for the natural or
2006 ( 2 ) provides for a freezing of the assets of
legal person, entity or body concerned before the date on
President Lukashenko and certain officials of Belarus.
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
(2)
By Regulation (EU) No 588/2011 of 20 June 2011 ( 3 ),
such conditions as they deem appropriate, the release of
the Council added further names to the list of persons
certain frozen funds or economic resources, provided that:
targeted by the asset freeze. These further names included
entities.
(i) the competent authority concerned has determined that
(3) By
Decision
2011/666/CFSP,
the
Council
has
decided
the payment is not, directly or indirectly, to or for the
that a derogation from the asset freeze should be
benefit of a person, entity or body listed in Annex I or
provided, in order to ensure that EU companies are
Annex IA; and
not prohibited from recovering funds owed to them by
the listed entities under contracts entered into prior to
the listing of those entities.
(ii) the Member State concerned has, at least 2 weeks prior to
the grant of the authorisation, notified the other Member
(4)
This measure falls within the scope of the Treaty and
States and the Commission of that determination and its
regulatory action at the level of the Union is therefore
intention to grant the authorisation.’.
necessary in order to give effect to it, in particular with a
view to ensuring its uniform application by economic
operators in all Member States.
Article 2
( 1 ) See page 17 of this Official Journal.
( 2 ) OJ L 134, 20.5.2006, p. 1.
This Regulation shall enter into force on the day of its
( 3 ) OJ L 161, 21.6.2011, p. 1.
publication in the Official Journal of the European Union.

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EN
11.10.2011 Official
Journal
of
the
European
Union
L
265/7
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 10 October 2011.
For the Council
The President
C. ASHTON

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