Decision 2012/642/CFSP is amended as follows:
(1)
the following article is inserted:
‘Article 1aa
1. It shall be prohibited to purchase, import or transfer, directly or indirectly, arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, 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.’
;
(2)
Article 1b is amended as follows:
(a)
the following paragraphs are inserted:
‘3a. The prohibitions in paragraphs 1 and 3 shall not apply to the sale, supply, transfer or export of goods falling under CN codes 3204 11 , 3204 12 , 3204 13 , 3204 14 , 3204 15 , 3204 16 , 3204 17 , 3204 18 , 3204 19 , 3204 20 , 3506 10 , 3506 91 , 3907 10 , 3907 21 , 3907 30 , 3907 50 , 3907 61 , 3907 69 and 3907 99 , that is necessary for the execution until 21 October 2025 of contracts concluded before 20 July 2025, or of ancillary contracts necessary for the execution of such contracts.
3b. The prohibitions in paragraphs 1 and 3 shall not apply to the sale, supply, transfer or export of goods falling under CN code 9032 89 that is necessary for the execution until 21 January 2026 of contracts concluded before 20 July 2025, or of ancillary contracts necessary for the execution of such contracts.’
;
(b)
paragraph 13 is replaced by the following:
‘13. The competent authorities of the Member States may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export of the following goods, or the provision of related technical or financial assistance, after having determined that such goods or the provision of related technical or financial assistance are necessary for personal household use of natural persons in Belarus:
(a)
goods falling under CN code 8417 20 ;
(b)
copper tubes, pipes and pipe fittings falling under CN codes 7411 or 7412 that have an internal diameter of up to 50 mm;
(c)
goods falling under CN code 8414 60 ;
(d)
goods falling under CN 3916 20 when strictly necessary for the sale of PVC flooring.’
;
(3)
Article 2d is amended as follows:
(a)
the following paragraph is inserted:
‘1aa. Without prejudice to the prohibition on indirect exports in paragraph 1 of this Article and Article 4 of Regulation (EU) 2021/821, an authorisation shall be required for the export of goods and technology which might contribute to Belarus’s military and technological enhancement, or the development of the defence and security sector, to any third country other than Belarus, if the exporter has been informed by the competent authority of the Member State where the exporter is resident or established that the items in question are or may be intended, in their entirety or in part, for any natural or legal person, entity or body in Belarus, or for use in Belarus.’
;
(b)
the following paragraph is inserted:
‘6a. Where an authorisation is required in accordance with paragraph 1aa, the competent authorities shall proceed in accordance with the rules and procedures laid down in Article 4 of Regulation (EU) 2021/821, which shall apply mutatis mutandis .’
;
(4)
Article 2n is replaced by the following:
‘Article 2n
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)
designated natural or legal persons, entities or bodies listed in Annex I;
(b)
any natural or legal person, entity or body referred to in Articles 2h, 2i, 2j or 2y, or listed in Annex II, III or V;
(c)
any other Belarussian person, entity or body, including the Belarusian government;
(d)
any person, entity or body acting through or on behalf of one of the persons, entities or bodies referred to in points (a), (b) or (c) of this paragraph.
2. No injunction, order, relief, judgment of a judicial court other than a court of a Member State or other court, arbitral or administrative decision issued in proceedings other than those in the Member States pursuant to or derived from investor-State dispute settlement proceedings against a Member State which could lead to the satisfaction of any claims in connection with measures imposed under this Decision shall be recognised, given effect or enforced in a Member State if it is invoked by any persons, entities or bodies referred to in paragraph 1, points (a), (b), (c) or (d), or persons, entities or bodies that own or control those persons, entities or bodies.
3. No request for assistance during an investigation or other proceedings, and no punishment or other penalty based on an injunction, order, relief, judgment of a court other than a court of a Member State or other court, arbitral or administrative decision issued in proceedings other than those in the Member States pursuant to or derived from investor-State dispute settlement proceedings against a Member State in connection with measures imposed under this Decision shall be recognised, given effect or enforced in a Member State if it is invoked by any persons, entities or bodies referred to in paragraph 1, points (a), (b), (c) or (d), or persons, entities or bodies that own or control those persons, entities or bodies.
4. In any proceedings for the enforcement of a claim, the onus of proving that satisfying the claim is not prohibited by paragraph 1 shall be on the person seeking the enforcement of that claim.
5. This Article is without prejudice to the right of the persons, entities and bodies referred to in paragraph 1 to judicial review of the legality of the non-performance of contractual obligations in accordance with this Decision.’
;
(5)
the following articles are inserted:
‘Article 2na
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 Decision. The Member State shall, where applicable, be entitled to recover such damages from any persons, entities or bodies referred to in Article 2n(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.
Article 2nb
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 Decision.’
;
(6)
Article 2y is amended as follows:
(a)
paragraph 1 is replaced by the following:
‘1. It shall be prohibited to engage, directly or indirectly, in any transaction with legal persons, entities or bodies listed in Annex V or with any legal person, entity or body established in Belarus whose proprietary rights are directly or indirectly owned for more than 50 % by an entity listed in Annex V.’
;
(b)
the following paragraphs are inserted:
‘1a. The prohibition in paragraph 1 shall not apply to transactions:
(a)
that are necessary for the functioning of diplomatic and consular representations of the Union and of the Member States or of partner countries in Belarus, including delegations, embassies and missions, or international organisations in Belarus enjoying immunities in accordance with international law; or
(b)
made by nationals of a Member State who are residents of Belarus and were so before 24 February 2022.
1b. By way of derogation from paragraph 1, the competent authorities may authorise, under such conditions as they deem appropriate, transactions which are strictly necessary for divestment from Belarus or the wind-down of business activities in Belarus.’
;
(7)
Annex II is amended in accordance with the Annex to this Decision.