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OJ L, 30.6.2024
14

Decision CFSP 2024/1864 also introduces derogations required for the setting-up, certification or evaluation of a firewall removing the control exercised by a listed person over the assets of a non-listed Union entity which the listed person owns or controls, and ensuring that no benefit accrues to the latter, thus allowing that entity to continue its business operations.

15

In order to ensure alignment with the interpretation of the Court of Justice of the European Union in Case C-72/11, Decision CFSP 2024/1864 amends the provision prohibiting circumvention to clarify that the requirements of knowledge and intent are met not only where a person deliberately seeks the object or effect of circumventing restrictive measures but also where a person participating in an activity having the object or effect of circumventing restrictive measures is aware that such participation may have that object or that effect, and accepts that possibility.

16

With a view to increasing awareness of enforcement action, it is appropriate that Member States report about penalties imposed for violations of the restrictive measures.

17

In line with the Unions common foreign and security policy objectives of preserving peace, reinforcing international security and promoting international cooperation, democracy and the rule of law, and more specifically the objectives pursued by Decision 2012/642/CFSP, it is appropriate to ensure that the documents held by the Council, the Commission and the High Representative of the Union for Foreign Affairs and Security Policy the High Representative concerning the enforcement of the restrictive measures set out in Regulation EC No 765/2006, or concerning the prevention of the violation or circumvention of those measures, are subject to professional secrecy and enjoy the protection afforded by the rules applicable to the Union institutions, since information contained in those documents could be used to obstruct the enforcement of those measures or to compromise their effectiveness, given that the persons and entities concerned could act in such a way as to prevent their enforcement. That protection should also be ensured for joint proposals from the High Representative and the Commission for the amendment of Regulation EC No 765/2006 and any related preparatory documents, as their disclosure might affect the effectiveness of the measures set out in Regulation EC No 765/2006 and the preparation of, and negotiation on the basis of, future proposals. Certain measures which are included in such proposals, and which cannot be adopted by the Council for various reasons, are often included by the High Representative and the Commission in subsequent proposals. It is important to protect that power of initiative from any influence exerted by public or private interests that attempt, outside of organised consultations, to compel the Union institutions and Union services to propose, adopt, amend or agree on an amendment. Their disclosure could render the possible new measures ineffective due to the fact that their intended adoption would have already been revealed. Thus, it should be presumed that disclosure of those documents would harm the security of the Union or that of one or more of its Member States or the conduct of their international relations.

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Furthermore, Decision CFSP 2024/1864 introduces an import ban on goods which allow Belarus to diversify its sources of revenue, thereby enabling its involvement in the Russian aggression against Ukraine. That prohibition includes coal and other products.

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In addition, Decision CFSP 2024/1864 permits Member States to allow the entry into the Union of personal effects which do not pose significant circumvention concerns, such as personal hygiene items, or clothing worn by travellers or contained in their luggage, and which are clearly intended for their or their family members strict personal use. It also provides for exceptions allowing cars to enter the Union under specific circumstances. The situation of cars from Belarus which are already in the territory of the Union may be regularised by Member States.

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Decision CFSP 2024/1864 imposes a prohibition on the direct or indirect import, purchase or transfer of gold.
That prohibition applies to gold of Belarusian origin, exported from Belarus after the entry into force of this Regulation.

21

Decision CFSP 2024/1864 imposes further restrictive measures in various sectors, particularly in the energy and aviation sectors.

22

In order to ensure the correct implementation of the measures set out in Regulation EC No 765/2006, it is appropriate to extend the exemption from the prohibition on the transport of goods by road transport undertakings established in Belarus to all diplomatic and consular representations in Belarus. Decision CFSP 2024/1864 also extends the prohibition on the transport of goods by road in the Union by trailers and semi-trailers registered in Belarus, including when hauled by trucks registered outside of Belarus. In order to minimise the risk of
ELI: http data.europa.eu/eli/reg/2024/1865/oj
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