Council Regulation (EU) 2025/1472 of 18 July 2025 amending Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine

1 It shall be prohibited to purchase, import or transfer, directly or indirectly, the goods and technology listed in the Common Military List of the European Union (“Common Military List”) into the Union if they originate in Belarus or are exported from Belarus.

2 The prohibitions in paragraph 1 shall be without prejudice to the import, purchase or transfer related to: (a) the provision of spare parts and services necessary for the maintenance and safety of existing capabilities within the Union; or (b) the execution of contracts concluded before 20 July 2025, or ancillary contracts necessary for the execution of such contracts.

1 It shall be prohibited to sell, supply, transfer or export, directly or indirectly, the goods and technology listed in the Common Military List, whether or not originating in the Union, to any natural or legal person, entity or body in Belarus or for use in Belarus.

2 By way of derogation from paragraph 1, the prohibitions referred to therein shall not apply to: (a) non-lethal military equipment intended solely for humanitarian purposes or protective use or for institution building programmes of the UN and the Union, or for EU or UN crisis management operations; or (b) non-combat vehicles fitted with materials to provide ballistic protection, intended solely for the protective use of personnel of the Union and its Member States in Belarus, provided that the provision thereof has first been approved by the competent authority of a Member State, as identified on the websites listed in Annex II.

3 Paragraph 1 shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to Belarus by UN personnel, personnel of the Union or its Member States, representatives of the media or humanitarian and development workers and associated persons exclusively for their personal use.

Where no court of a Member State has jurisdiction pursuant to other provisions of Union or Member State law, a court of a Member State may, on an exceptional basis, hear a claim for damages brought pursuant to Article 8h or Article 8l, provided that the case has a sufficient connection with the Member State of the court seised.’

Any Member State shall, where applicable, take any appropriate measures to recover or be entitled to recover, in judicial proceedings before the competent courts of a Member State, any direct or indirect damages, including legal costs, incurred by that Member State as a consequence of investor-State dispute settlement proceedings brought against a Member State in connection with measures imposed under this Regulation. The Member State shall, where applicable, be entitled to recover such damages from any persons, entities or bodies referred to in Article 8d(1), points (a), (b), (c) or (d), which initiated, intervened or participated in the investor-State dispute settlement or which seek to enforce any award, decision or judgment related to the investor-State dispute settlement and persons, entities or bodies that own or control any of those persons, entities or bodies. Where applicable, the Union shall be entitled to recover any damages incurred by it under the same conditions.

Member States shall raise any available objection to the recognition and enforcement of arbitral awards that were rendered against them in investor-State dispute settlement proceedings in connection with measures imposed under this Regulation.’

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