Rozhodnutí Rady (SZBP) 2025/391 ze dne 24. února 2025, kterým se mění rozhodnutí 2012/642/SZBP o omezujících opatřeních vzhledem k situaci v Bělorusku a k zapojení Běloruska do agrese Ruska vůči Ukrajině

THE COUNCIL OF THE EUROPEAN UNION,

Article 2 Article 2

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,

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 , ELI: http://data.europa.eu/eli/dec/2012/642/oj).

(1) On 15 October 2012 , the Council adopted Decision 2012/642/CFSPCouncil 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 , ELI: http://data.europa.eu/eli/dec/2012/642/oj). .

(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) 2022/356Council 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 , ELI: http://data.europa.eu/eli/dec/2022/356/oj). , 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 19 February 2024 , the Council strongly condemned the continued support provided by the Belarusian regime to Russia’s war of aggression against Ukraine and called on Belarus to refrain from such action and to abide by its international obligations.

(5) In view of the gravity of the situation, the Council considers that the designation criteria for the listing of persons, entities and bodies subject to the freezing of their funds and economic resources and to the prohibition on the making available to them of such funds and economic resources should be amended to allow for the application of targeted restrictive measures against natural or legal persons, entities or bodies forming part of, supporting, materially or financially, or benefiting from, the military and industrial complex of Belarus.

(6) It is also necessary to strengthen the prohibition on the export of dual-use goods and technology and of goods and technology which might contribute to the technological enhancement of Belarus’s defence and security sector, to entities on the list of legal persons, entities or bodies in Annex II to Decision 2012/642/CFSP.

(7) It is also 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 chemical precursors to riot control agents, software related to computer numerical control (CNC) machines, chromium ores and compounds and controllers used to guide unmanned aerial vehicles (UAVs).

(8) It is also appropriate to impose further restrictions on exports of goods which could contribute to the enhancement of Belarusian industrial capacities, such as chemical elements, pyrotechnic articles and combustible materials.

(9) Furthermore, in order to minimise the risk of circumvention of restrictive measures, it is appropriate to extend the list of goods and technology subject to the prohibition on transit via the territory of Belarus of machinery and goods which could contribute, in particular, to the enhancement of Belarusian industrial capacities.

(10) It is appropriate to establish derogations for the provision of certain goods and machinery necessary for civilian non-publicly available electronic communications networks.

(11) Additionally, it is appropriate to introduce further restrictions on the import of primary aluminium, which allows Belarus to diversify its sources of revenue, thereby enabling its involvement in the Russian aggression against Ukraine.

(12) It is also appropriate to impose a restriction on the sale, supply, transfer, export or provision of software related to oil and gas exploration in order to further restrict the oil and gas exploration and production capacities of Belarus and minimise the risk of circumvention of restrictive measures via the territory of Belarus.

(13) In order to prevent Union operators from contributing to the development of Belarus’s infrastructure, it is necessary to introduce a prohibition on the provision of construction services, including civil engineering works.

(14) It is prohibited to sell, supply, transfer, export, or provide, directly or indirectly, software for the management of enterprises and software for industrial design and manufacture to the Republic of Belarus, its Government, its public bodies, corporations or agencies or to any natural or legal person, entity or body acting on their behalf or at their direction. It is appropriate to clarify that the sale, license or transfer in any other way of intellectual property rights or trade secrets related to that software is prohibited.

(15) It is appropriate to introduce a derogation from the prohibition on the provision of construction, architectural and engineering services, legal advisory services and IT consultancy services where those services are strictly necessary for the functioning of a consular or diplomatic representation of Belarus located in a Member State.

(16) It is also appropriate to expand the scope of the prohibition on accepting deposits to include those from legal persons, entites or bodies established in third countries and majority-owned by Belarusian nationals or natural persons residing in Belarus. Addittionally, it is appropriate to subject the acceptance of deposits for non-prohibited cross-border trade to a prior authorisation by the national competent authorities.

(17) Is is also appropriate to prohibit the provision of crypto-asset wallet, account or custody services to Belarusian persons and residents, and in order to limit circumvention of this prohibition, to prohibit Belarusian nationals or natural persons residing in Belarus owning or controlling, or holding any posts on the governing bodies of the legal persons, entities or bodies providing such services.

(18) In order to facilitate the work of civil society and media, it is appropriate to introduce an exemption from the prohibition regarding the use in Belarus of banknotes denominated in any official currency of a Member State, where it is necessary for civil society and media activities that directly promote democracy, human rights or the rule of law in Belarus, under certain conditions.

(19) Furthermore, in order to minimise the risk of circumvention of restrictive measures, it is appropriate to amend the prohibition on the transport of goods by road within the territory of the Union, including in transit, by operators that are owned for 25 % or more by a Belarusian natural or legal person. Entities established in the Union before 8 April 2022 and already operating as road transport undertakings should be prohibited from making any changes to their capital structure that would increase the percentage share owned by a Belarusian natural or legal person, entity or body, unless that percentage share remains below 25 % following such a change.

(20) To help combat the re-exportation of certain goods, Union operators that are selling, supplying, transferring or exporting such goods to third countries, other than countries listed in Annex IVa to Decision 2012/642/CFSP, are required to implement due diligence mechanisms capable of identifying and assessing the risks of such re-exportation to Belarus and mitigating such risks. Moreover, Union operators are required to ensure that legal

(21) It is appropriate to introduce a derogation allowing the release of funds that were frozen due to the involvement of a listed intermediary bank in their transfer, under the conditions that the transfer is between two non-listed natural or legal persons, entities or bodies and is carried out using accounts at non-listed credit institutions, as well as introduce a derogation allowing the release of funds that were frozen due to the involvement of a listed issuing bank in their transfer under the condition that the transfer is between two non-listed natural or legal persons, entities or bodies.

(22) Finally, it is appropriate to introduce certain amendments in respect of the provisions of Decision 2012/642/CFSP, including provisions on exemptions and derogations to the prohibition on the export of dual-use goods and advanced technologies. In addition, it is pertinent to delete references to transition periods which have expired and other references that are not necessary for compliance with certain provisions of that Decision. The deletion of references to transition periods which have already expired is not intended to have any legal effect on past or ongoing contracts or on the applicability of those transition periods.

(23) Decision 2012/642/CFSP should therefore be amended accordingly,

It shall be prohibited to sell, supply, transfer, export or provide, directly or indirectly, software, to any natural or legal person, entity or body in Belarus or for use in Belarus.

It shall be prohibited to:

(a) provide technical assistance, brokering services or other services related to the sale, supply, transfer, export or provision of software referred to in paragraph 1, directly or indirectly to any natural or legal person, entity or body in Belarus, or for use in Belarus;

(b) provide financing or financial assistance related to the sale, supply, transfer, export or provision of software referred to in paragraph 1, or for the provision of related technical assistance, brokering services or other services, directly or indirectly to any natural or legal person, entity or body in Belarus, or for use in Belarus; or

(c) sell, license or transfer in any other way intellectual property rights or trade secrets as well as grant rights to access or re-use any material or information protected by means of intellectual property rights or constituting trade secrets related to the sale, supply, transfer, export or provision of software referred to in paragraph 1, directly or indirectly to any natural or legal person, entity or body in Belarus or for use in Belarus.

The prohibitions in paragraph 1 shall not apply to the sale, supply, transfer, export or provision of software that is necessary for the execution until 26 May 2025 of contracts concluded before 25 February 2025 , or of ancillary contracts necessary for the execution of such contracts.

By way of derogation from paragraphs 1 and 2, the competent authorities may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export and the provision of technical or financial assistance, after having determined that it is necessary for ensuring critical energy supply within the Union.

The Member State or Member States concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 4 within 2 weeks of the authorisation.

The Union shall take the necessary measures in order to determine the relevant items covered by this Article.

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

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 , ELI: http://data.europa.eu/eli/dec/2022/356/oj).

Article 2ed Article 2ed 1.It shall be prohibited to sell, supply, transfer, export or provide, directly or indirectly, software, to any natural or legal person, entity or body in Belarus or for use in Belarus. 2.It shall be prohibited to: (a) provide technical assistance, brokering services or other services related to the sale, supply, transfer, export or provision of software referred to in paragraph 1, directly or indirectly to any natural or legal person, entity or body in Belarus, or for use in Belarus;(b) provide financing or financial assistance related to the sale, supply, transfer, export or provision of software referred to in paragraph 1, or for the provision of related technical assistance, brokering services or other services, directly or indirectly to any natural or legal person, entity or body in Belarus, or for use in Belarus; or(c) sell, license or transfer in any other way intellectual property rights or trade secrets as well as grant rights to access or re-use any material or information protected by means of intellectual property rights or constituting trade secrets related to the sale, supply, transfer, export or provision of software referred to in paragraph 1, directly or indirectly to any natural or legal person, entity or body in Belarus or for use in Belarus. 3.The prohibitions in paragraph 1 shall not apply to the sale, supply, transfer, export or provision of software that is necessary for the execution until 26 May 2025 of contracts concluded before 25 February 2025 , or of ancillary contracts necessary for the execution of such contracts. 4.By way of derogation from paragraphs 1 and 2, the competent authorities may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export and the provision of technical or financial assistance, after having determined that it is necessary for ensuring critical energy supply within the Union. 5.The Member State or Member States concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 4 within 2 weeks of the authorisation. 6.The Union shall take the necessary measures in order to determine the relevant items covered by this Article.

Article 5b Article 5b 1.By way of derogation from Article 4 of this Decision, and provided that the funds concerned were frozen as a result of the involvement of a legal person, entity or body listed in Annex I to this Decision, or of a legal person owned or controlled by a legal person, entity or body listed in that Annex, acting as intermediary bank during a transfer of those funds to the Union from the Republic of Belarus, from a third country or from the Union, the (a) between two natural or legal persons, entities or bodies that are not listed in Annex I to this Decision;(b) carried out using accounts at credit institutions that are not listed in Annex I to this Decision; and(c) not in breach of Article 4(2) or Article 2k of this Decision. This paragraph shall not apply in relation to frozen funds or economic resources held by Central securities depositories within the meaning of Regulation (EU) No 909/2014. 2.By way of derogation from Article 4 of this Decision, and provided that the payment concerned was frozen as a result of a transfer to the Union from the Republic of Belarus, from a third country, or from the Union, initiated through or from a legal person, entity or body listed in Annex I to this Decision, or through or from a legal person owned or controlled by a legal person, entity or body listed in that Annex, the competent authorities of a Member State may, under such conditions as they deem appropriate, authorise the release of that frozen payment, after having determined that the transfer of that payment is: (a) between two natural or legal persons, entities or bodies that are not listed in Annex I to this Decision; and(b) not in breach of Article 4(2) or Article 2k of this Decision. This paragraph shall not apply in relation to frozen funds or economic resources held by Central securities depositories within the meaning of Regulation (EU) No 909/2014. The beneficiaries of a transfer as referred to in the first subparagraph of this paragraph shall only be nationals of a Member State, of a country member of the European Economic Area or of Switzerland, or natural persons having a temporary or permanent residence permit in a Member State, in a country member of the European Economic Area or in Switzerland. One authorisation per applicant may be granted under this paragraph. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph within one week of the authorisation.

Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1 , ELI: http://data.europa.eu/eli/reg/2013/575/oj).

Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73 , ELI: http://data.europa.eu/eli/dir/2015/849/oj).

By way of derogation from Article 4 of this Decision, and provided that the funds concerned were frozen as a result of the involvement of a legal person, entity or body listed in Annex I to this Decision, or of a legal person owned or controlled by a legal person, entity or body listed in that Annex, acting as intermediary bank during a transfer of those funds to the Union from the Republic of Belarus, from a third country or from the Union, the

(a) between two natural or legal persons, entities or bodies that are not listed in Annex I to this Decision;

(b) carried out using accounts at credit institutions that are not listed in Annex I to this Decision; and

(c) not in breach of Article 4(2) or Article 2k of this Decision.

This paragraph shall not apply in relation to frozen funds or economic resources held by Central securities depositories within the meaning of Regulation (EU) No 909/2014.

By way of derogation from Article 4 of this Decision, and provided that the payment concerned was frozen as a result of a transfer to the Union from the Republic of Belarus, from a third country, or from the Union, initiated through or from a legal person, entity or body listed in Annex I to this Decision, or through or from a legal person owned or controlled by a legal person, entity or body listed in that Annex, the competent authorities of a Member State may, under such conditions as they deem appropriate, authorise the release of that frozen payment, after having determined that the transfer of that payment is:

(a) between two natural or legal persons, entities or bodies that are not listed in Annex I to this Decision; and

(b) not in breach of Article 4(2) or Article 2k of this Decision.

This paragraph shall not apply in relation to frozen funds or economic resources held by Central securities depositories within the meaning of Regulation (EU) No 909/2014.

The beneficiaries of a transfer as referred to in the first subparagraph of this paragraph shall only be nationals of a Member State, of a country member of the European Economic Area or of Switzerland, or natural persons having a temporary or permanent residence permit in a Member State, in a country member of the European Economic Area or in Switzerland.

One authorisation per applicant may be granted under this paragraph.

The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph within one week of the authorisation.

Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349 , ELI: http://data.europa.eu/eli/dir/2014/65/oj)..

HAS ADOPTED THIS DECISION: