Council Decision (CFSP) 2022/218 of 17 February 2022 amending Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus

‘4 The prohibitions in paragraphs 1 and 2 shall not apply to exports, sale, supplies or transfers of dual-use goods and technology, or the related provision of technical or financial assistance, for the maintenance and safety of existing civil nuclear capabilities.’;

‘1 The purchase, import or transfer, directly or indirectly, from Belarus of petroleum and gaseous hydrocarbon products shall be prohibited.’;

‘4 The prohibitions in paragraph 1 shall not apply to purchases in Belarus of petroleum and gaseous hydrocarbon products which are required in order to meet the essential needs of the purchaser in Belarus or of humanitarian projects in Belarus.’;

‘6 The prohibitions in paragraph 1 and 2 shall be without prejudice to the freedom of transit through Belarus of petroleum and gaseous hydrocarbon products which originate in a third country.’;

‘1 It shall be prohibited to provide insurance or re-insurance to: (a) the Republic of Belarus, its Government, its public bodies, corporations or agencies; (b) any natural or legal person, entity or body acting on behalf or at the direction of a legal person, entity or body referred to in point (a).’;

1 No claims in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by the measures imposed under this Decision, including claims for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, notably a claim for extension or payment of a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by: (a) any natural or legal person, entity or body referred to in Articles 2h, 2i, 2j or listed in Annex II; (b) any other Belarussian person, entity or body; (c) any natural or legal person, entity or body acting through or on behalf of one of the natural or legal persons, entities or bodies referred to in point (a) or (b).’;

1 The Council and the High Representative of the Union for Foreign Affairs and Security Policy (the “High Representative”) may process personal data in order to carry out their tasks under this Decision, in particular: (a) as regards the Council, for preparing and making amendments to Annex I; (b) as regards the High Representative, for preparing amendments to Annex I.

2 The Council and the High Representative may process, where applicable, relevant data relating to criminal offences committed by listed natural persons, to criminal convictions or to security measures concerning such persons, only to the extent that such processing is necessary for the preparation of Annex I.

3 For the purposes of this Decision, the Council and the High Representative are designated as “controllers” within the meaning of point (8) of Article 3 of Regulation (EU) 2018/1725 of the European Parliament and of the Council , in order to ensure that the natural persons concerned can exercise their rights under Regulation (EU) 2018/1725.

Actions by natural or legal persons, entities or bodies shall not give rise to liability of any kind on their part, if they did not know, and had no reasonable cause to suspect, that their actions would infringe the measures set out in this Decision.

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