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EN

OJ L, 30.6.2024
circumvention, Decision CFSP 2024/1864 amends the prohibition in Decision 2012/642/CFSP on the transport of goods by road within the territory of the Union, including in transit. Union operators which are owned for 25 % or more by a Belarusian natural or legal person should be prohibited from becoming a road transport undertaking or from transporting goods by road in the Union, including in transit. The prohibition does not apply to road transport undertakings owned by dual nationals or Belarusian nationals having a temporary or permanent residence permit in a Member State. Road transport undertakings should disclose their ownership structure to the national competent authorities, upon their request.

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Decision CFSP 2024/1864 introduces a further criterion for the listing of natural or legal persons, entities or bodies subject to asset freeze and the prohibition to make funds and economic resources available to designated persons and entities.

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Member States and the Commission should inform each other of the measures taken pursuant to this Regulation and of any other relevant information at their disposal in connection with this Regulation.

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In order to facilitate divestment from the Belarusian market by Union operators, Decision CFSP 2024/1864
introduces temporary derogations from the prohibitions on the import and export of goods and on certain services set out in Regulation EC No 765/2006. To facilitate an expeditious exit from the Belarusian market, those derogations are temporary and limited in scope. The divestment derogation from those import and export prohibitions should enable the sale, supply or transfer of certain goods, or their import into the Union, until 2 January 2025 and should apply only to those goods that were already physically located in Belarus at the time when the relevant prohibitions entered into force. The divestment derogation on providing certain services should enable until 2 January 2025 the continuation of the provision of services to and for the exclusive benefit of the legal persons, entities or bodies resulting from divestment. Additionally, national competent authorities should ensure that prohibited goods remaining in Belarus as a result of divestment do not benefit military end-users or have a military-end use and that services are not provided to the Government of Belarus or for the benefit of military end-users and do not have a military-end use.

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In order to ensure legal certainty concerning the treatment of imports, Decision CFSP 2024/1864 provides for rules on the release by the customs authorities of the Member States of goods which are physically located in the Union and which had already been presented to such customs authorities when they became subject to restrictive measures. The possibility of release of goods applies regardless of the procedures under which the goods were placed after presentation to customs authorities by way of, inter alia, transit, inward processing, or release for free circulation, or of the procedural steps and formalities pursuant to the Union Customs Code necessary for such release. Decision CFSP 2024/1864 also authorises Member States to release goods already brought into the Union.
That authorisation is necessary for the benefit of the Union operators that brought those goods into the Union in good faith at a time when they were not yet subject to any import-related restrictive measures, including when their import was still allowed during a winding down period. The competent authorities of the Member States should ensure that the release of those goods and any payment related to them comply with the provisions and objectives of the Unions restrictive measures. Similarly, any decision not to release such goods should comply with the objectives of those measures and ensure, inter alia, that those goods are not returned to Belarus.

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Decision CFSP 2024/1864 also requires that exporters contractually prohibit the re-exportation to Belarus or re-exportation for use in Belarus of sensitive goods and technology as listed in Annexes XVI, XVII, XXVIII and XXX
to Regulation EC No 765/2006, common high priority items, or firearms and ammunition as listed in Annex I to Regulation EU No 258/2012 of the European Parliament and of the Council 5 no-Belarus clause.

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Regulation EU No 258/2012 of the European Parliament and of the Council of 14 March 2012 implementing Article 10 of the United Nations Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime UN Firearms Protocol, and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition OJ
L 94, 30.3.2012, p. 1.

ELI: http data.europa.eu/eli/reg/2024/1865/oj