Latest News on Sanctions imposed under the Ukraine Territorial Integrity Regime

Latest News on Sanctions imposed under the Ukraine Territorial Integrity Regime

​​The information hereunder relates to the restrictive measures adopted by the European Union in response to Russia’s actions against Ukraine. It is advisable that for further details on each Council Regulation/Council Decision the accompanying link is consulted.

It is hereby recommended that all persons in Malta remain informed of any updates made to applicable sanctions. To subscribe to the mailing list of the Sanctions Monitoring Board one may send and email to sanctions.smb@gov.mt

Ukrain​e Regime: Council Regulation (EU) No 269/2014 and Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine. 

§  Council Regulation (EU) 2022/259 of 23 February 2022 amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.

 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2022:042I:TOC

 On 23 February 2022, the Council of the EU decided to amend Council Regulation (EU) No 269/2014 and insert Article 6b concerning the possibility of a derogation from paragraphs 1 and 2 by the competent authorities of a Member State to release of certain frozen funds or economic resources belonging to the entities listed under entry numbers 53, 54 and 55 in Annex I. For further detail please kindly consult the attached document.

§  COUNCIL IMPLEMENTING REGULATION (EU) 2022/260 of 23 February 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2022:042I:TOC 

On 23 February 2022, the Council of the EU decided to amend Annex I to Regulation (EU) No 269/2014 to designate 22 persons and four entities under the list of persons, entities and bodies subject to restrictive measures. For further detail please consult the attached document.

 §  COUNCIL IMPLEMENTING REGULATION (EU) 2022/261 of 23 February 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2022:042I:TOC

On 23 February 2022, the Council of the EU decided to amend Annex I to Regulation (EU) No 269/2014 to designate 336 members of the State Duma due to their vote in favour of a resolution to ask President Vladimir Putin to recognise the separatist-claimed parts of eastern Ukraine as independent states. For further detail please consult the attached document.

§  COUNCIL REGULATION (EU) 2022/262 of 23 February 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2022:042I:TOC

On 23 February 2022, the Council of the EU decided to adopt Decision (CFSP) 2022/264 amending Decision 2014/512/CFSP and imposing further restrictive measures prohibiting the financing of Russia, its government and its Central Bank. For further detail please consult the attached document.

§  COUNCIL REGULATION (EU) 2022/263 of 23 February 2022 concerning restrictive measures in response to the recognition of the non-government controlled areas of the Donetsk and Luhansk oblasts of Ukraine and the ordering of Russian armed forces into those area

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2022:042I:TOC

On 23 February 2022, in response to the signing by the President of the Russian Federation of a decree recognising the ‘independence and sovereignty’ of the non-government controlled areas of the Donetsk and Luhansk oblasts of Ukraine and ordering Russian armed forces into those areas, the Council adopted Decision (CFSP) 2022/266. Decision (CFSP) 2022/266 imposes restrictions on goods originating in the non-government controlled areas of the Donetsk and Luhansk oblasts of Ukraine and on the provision, directly or indirectly, of financing or financial assistance, as well as insurance and reinsurance, related to the import of such goods, with the exception of goods having been granted a certificate of origin by the Government of Ukraine. In addition, Decision (CFSP) 2022/266 restricts trade in goods and technology for use in certain sectors in the nongovernment controlled areas of the Donetsk and Luhansk oblasts of Ukraine, and prohibits services in the sectors of transport, telecommunications, energy or the prospecting, exploration and production of oil, gas and mineral resources, as well as services related to tourism activities in the non-government controlled areas of the Donetsk and Luhansk oblasts of Ukraine. For further detail please consult the attached document.

§  Council Decision (CFSP) 2022/327 of 25 February 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2022.048.01.0001.01.ENG&toc=OJ%3AL%3A2022%3A048%3ATOC

In view of the gravity of the situation, and in response to Russia’s actions destabilising the situation in Ukraine, it is appropriate to introduce further restrictive measures related to the finance, defence, energy, aviation, and space sectors.

Existing financial restrictions, in particular those on access by certain Russian entities to capital markets shall be expanded. The listing and provision of services in relation to shares of Russian state-owned entities on Union trading venues should also be prohibited. It is also necessary to introduce new measures which significantly limit the financial inflows from Russia to the Union by prohibiting the acceptance of deposits exceeding certain values from Russian nationals or residents, the holding of accounts of Russian clients by Union central securities depositories, as well as the selling of euro-denominated securities to Russian clients.

Furthermore, it is appropriate to impose further restrictions on exports of dual-use goods and technology and on the provision of related services, as well as restrictions on exports of certain goods and technology which might contribute to Russia’s technological enhancement of its defence and security sector, together with restrictions on the provision of related services. Limited exemptions to such restrictions are envisioned for legitimate and pre-determined purposes only.

It is also appropriate to impose restrictions on the sale, supply, transfer or export to Russia of specific goods and technologies for use in oil refining, together with restrictions on the provision of related services.

Furthermore, it is appropriate to introduce an export ban covering goods and technology suited for use in aviation and the space industry, as well as to prohibit the provision of insurance and reinsurance and maintenance services in relation to those goods and technology. It should also be prohibited to provide technical assistance and other related services as well as financing and financial assistance in relation to the goods and technology subject to this prohibition.

§  Council Regulation (EU) 2022/328 of 25 February 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32022R0328&from=EN

In view of the gravity of the situation, on 25 February 2022 the Council adopted Decision (CFSP)2022/327, amending Decision 2014/512/CFSP and imposing further restrictive measures in various sectors, particularly defence, energy, aviation and finance.

Decision (CFSP) 2022/327 imposes further restrictions on exports of dual-use goods and technology and on the provision of related services, as well as restrictions on exports of certain goods and technology which might contribute to Russia’s technological enhancement of its defence and security sector. It also introduces restrictions on the provision of related services. Limited exemptions to such restrictions are envisioned for legitimate and pre-determined purposes. Furthermore, that Decision prohibits the provision of public financing or financial assistance for trade with, or investment in, Russia, subject to certain exceptions.

Decision (CFSP) 2022/327 also prohibits the sale, supply, transfer or export to Russia of specific goods and technologies for use in oil refining, together with restrictions on the provision of related services.

Furthermore, Decision (CFSP) 2022/327 introduces an export ban covering goods and technology suited for use in aviation and the space industry and prohibits the provision of insurance and reinsurance and maintenance services in relation to those goods and technology. It also prohibits the provision of technical assistance and other related services as well as financing and financial assistance in relation to the goods and technology subject to this prohibition.

Decision (CFSP) 2022/327 further expands the existing financial restrictions, in particular those on access by certain Russian entities to the capital markets. It also prohibits the listing and provision of services in relation to shares of Russian state-owned entities on Union trading venues. In addition, it introduces new measures which significantly limit the financial inflows from Russia to the Union by prohibiting the acceptance of deposits exceeding certain values from Russian nationals or residents, the holding of accounts of Russian clients by the Union central securities depositories as well as the selling of euro-denominated securities to Russian clients.

These measures fall within the scope of the Treaty and, therefore, in particular with a view to ensuring their uniform application in all Member States, regulatory action at the level of the Union is necessary.

§  Council Decision (CFSP) 2022/329 of 25 February 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2022.050.01.0001.01.ENG&toc=OJ%3AL%3A2022%3A050%3ATOC

On 24 February 2022, the High Representative issued a declaration on behalf of the Union condemning in the strongest possible terms the unprovoked invasion of Ukraine by armed forces of the Russian Federation and the involvement of Belarus in this aggression against Ukraine. The High Representative indicated that the Union’s response will include both sectoral and individual restrictive measures.

In view of the gravity of the situation, the Council considers that the criteria of designation should be amended to include persons and entities supporting and benefitting from the Government of the Russian Federation as well as persons and entities providing a substantial source of revenue to it, and natural or legal persons associated with listed persons or entities.

 

§  Council Regulation (EU) 2022/330 of 25 February 2022 amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2022.051.01.0001.01.ENG&toc=OJ%3AL%3A2022%3A051%3ATOC

On 25 February 2022, the Council adopted Decision (CFSP) 2022/329, which amends Decision 2014/145/CFSP and provides for amended listing criteria. Article 3 of Regulation (EU) No 269/2014, paragraph 1 has been amended accordingly.

§  Council Decision (CFSP) 2022/331 of 25 February 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32022D0331&from=EN

On 24 February 2022, the High Representative issued a declaration on behalf of the Union condemning in the strongest possible terms the unprovoked invasion of Ukraine by armed forces of the Russian Federation and the involvement of Belarus in this aggression against Ukraine. The High Representative indicated that the Union's response will include both sectoral and individual restrictive measures.

In view of the gravity of the situation, the Council considers that the members of the National Security Council who supported Russia's immediate recognition of the two self-proclaimed republics Donetsk and Luhansk should be added to the list of persons, entities and bodies subject to restrictive measures set out in the Annex to Decision 2014/145/CFSP. In addition, that list should include the persons who facilitated the Russian military aggression from Belarus, as well as those members of the State Duma not yet included in that list who ratified the government decisions of the 'Treaty of Friendship, Cooperation and Mutual Assistance between the Russian Federation and the Donetsk People's Republic and between the Russian Federation and the Luhansk People's Republic'.

Accordingly, the persons listed in the Annex to this Decision shall be added to the list set out in the Annex to Decision 2014/145/CFSP.

§  Council Implementing Regulation (EU) 2022/332 of 25 February 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32022R0332&from=EN

On 24 February 2022, the High Representative issued a declaration on behalf of the Union condemning in the strongest possible terms the unprovoked invasion of Ukraine by armed forces of the Russian Federation and the involvement of Belarus in this aggression against Ukraine. The High Representative indicated that the Union's response will include both sectoral and individual restrictive measures.

In view of the gravity of the situation, the Council considers that the members of the National Security Council who supported Russia's immediate recognition of the two self-proclaimed republics Donetsk and Luhansk should be added to the list of persons, entities and bodies subject to restrictive measures set out in Annex I to Regulation (EU) No 269/2014. In addition, that list should include the persons who facilitated the Russian military aggression from Belarus, as well as those members of the State Duma not yet included in that list who ratified the government decisions of the 'Treaty of Friendship, Cooperation and Mutual Assistance between the Russian Federation and the Donetsk People's Republic and between the Russian Federation and the Luhansk People's Republic'.

Accordingly, the persons listed in the Annex to this Regulation shall be added to the list set out in Annex I to Regulation (EU) No 269/2014.

§  Council Regulation (EU) 2022/334 of 28 February 2022 amending Council Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2022.057.01.0001.01.ENG&toc=OJ%3AL%3A2022%3A057%3ATOC

On 28 February 2022 the Council adopted Decision (CFSP) 2022/335 amending Decision 2014/512/CFSP. That Decision imposed further restrictive measures prohibiting Russian air carriers, any Russian-registered aircraft, and any non-Russian-registered aircraft which is owned or chartered, or otherwise controlled by any Russian natural or legal person, entity or body from landing in, taking off from, or overflying, the territory of the Union. It also prohibits any transactions with the Central Bank of Russia.

Accordingly, Regulation (EU) No 833/2014 has been amended.

§  Council Decision (CFSP) 2022/335 of 28 February 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2022.057.01.0004.01.ENG&toc=OJ%3AL%3A2022%3A057%3ATOC

In view of the gravity of the situation, and in response to Russia’s actions destabilising the situation in Ukraine, it is appropriate to introduce further restrictive measures related to finance and aviation. In particular, it is appropriate to prohibit any transactions with the Central Bank of Russia.

Furthermore, Member States should be required to deny permission to land in, take off from, or overfly, their territories to any aircraft operated by Russian air carriers, including as a marketing carrier, to any Russian-registered aircraft, and to non-Russian-registered aircraft which are owned or chartered, or otherwise controlled by a Russian legal or natural person. 

Decision 2014/512/CFSP has therefore been amended accordingly.

§  Council Implementing Regulation (EU) 2022/336 of 28 February 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2022.058.01.0001.01.ENG&toc=OJ%3AL%3A2022%3A058%3ATOC

In view of the gravity of the situation, the Council considers that 26 persons and one entity should be added to the list of persons, entities and bodies subject to restrictive measures set out in Annex I to Regulation (EU) No 269/2014.

Annex I to Regulation (EU) No 269/2014 has therefore been amended accordingly. For further details please kindly consult the above link.

§  Council Decision (CFSP) 2022/337 of 28 February 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2022.059.01.0001.01.ENG&toc=OJ%3AL%3A2022%3A059%3ATOC

In view of the gravity of the situation, the Council considers that 26 persons and one entity should be added to the list of persons, entities and bodies subject to restrictive measures set out in Annex to Decision 2014/145/CFSP.

Annex to Decision 2014/145/CFSP has therefore been amended accordingly. For further details please kindly consult the above link.​ 

· Council Regulation (EU) 2022/345 of 1 March 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32022R0345&from=EN

On 01 March 2022, the Council of the European Union adopted Decision (CFSP) 2022/346, amending Decision 2014/512/CFSP and imposing further restrictive measures with regard to the provision of specialised financial messaging services to certain Russian credit institutions and their Russian subsidiaries, which are relevant for the Russian financial system and which are already the subject of restrictive measures imposed by the Union or by partner countries and, subject to certain exceptions, with regard to engagement with the Russian Direct Investment Fund. It also prohibits, subject to certain exceptions, the supply of euro banknotes to Russia. 

Regulation (EU) No 833/2014 has been amended accordingly.

· Council Decision (CFSP) 2022/346 of 1 March 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32022D0346&from=EN

In view of the gravity of the situation, and in response to Russia’s military aggression against Ukraine, it is appropriate to introduce further restrictive measures with regard to the provision of specialised financial messaging services to certain Russian credit institutions and their Russian subsidiaries, which are relevant for the Russian financial system and which are already the subject of restrictive measures imposed by the Union or by partner countries and, subject to certain exceptions, with regard to engagement with the Russian Direct Investment Fund. It is also appropriate to prohibit, subject to certain exceptions, the supply of euro denominated banknotes to Russia.

Decision 2014/512/CFSP has been amended accordingly.

· Council Regulation (EU) 2022/350 of 1 March 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32022R0350&from=EN

In view of the gravity of the situation, and in response to Russia’s actions destabilising the situation in Ukraine, it is necessary, consistent with the fundamental rights and freedoms recognised in the Charter of Fundamental Rights, in particular with the right to freedom of expression and information as recognised in Article 11 thereof, to introduce further restrictive measures to urgently suspend the broadcasting activities of such media outlets in the Union, or directed at the Union. These measures should be maintained until the aggression against Ukraine is put to an end, and until the Russian Federation, and its associated media outlets, cease to conduct propaganda actions against the Union and its Member States. 

Regulation (EU) No 833/2014 has been amended accordingly.

· Council Decision (CFSP) 2022/351 of 1 March 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32022D0351&from=EN

In view of the gravity of the situation, and in response to Russia’s actions destabilising the situation in Ukraine, it is necessary, consistent with the fundamental rights and freedoms recognised in the Charter of Fundamental Rights, in particular with the right to freedom of expression and information as recognised in Article 11 thereof, to introduce further restrictive measures to urgently suspend the broadcasting activities of such media outlets in the Union, or directed at the Union. These measures should be maintained until the aggression against Ukraine is put to an end, and until the Russian Federation, and its associated media outlets, cease to conduct propaganda actions against the Union and its Member States.

 Decision 2014/512/CFSP has been amended accordingly.

For further information please consult the respective links.

·  Council Implementing Regulation (EU) 2022/353 of 2 March 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

 https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32022R0353&from=EN

In view of the gravity of the situation and of the fact that Belarus is participating in a Russian unprovoked invasion against Ukraine by allowing military aggression from its territory, the Council considers that 22 persons should be added to the list of natural and legal persons, entities and bodies subject to restrictive measures set out in Annex I to Regulation (EU) No 269/2014.

Regulation (EU) No 269/2014 has been amended accordingly.

·        Council Decision (CFSP) 2022/354 of 2 March 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32022D0354&from=EN

In view of the gravity of the situation and of the fact that Belarus is participating in a Russian unprovoked invasion against Ukraine by allowing military aggression from its territory, the Council considers that 22 persons should be added to the list of persons, entities and bodies subject to restrictive measures set out in the Annex to Decision 2014/145/CFSP.

Decision 2014/145/CFSP has been amended accordingly.

For further information please consult the respective links and attached document.

· Corrigendum to Council Decision (CFSP) 2022/337 of 28 February 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (Official Journal of the European Union L 59 of 28 February 2022)

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32022D0337R(01)&from=EN

A new entry has been made (entry 675) on page 6, under the heading ‘Identifying information’.

​​· Corrigendum to Council Implementing Regulation (EU) 2022/336 of 28 February 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (Official Journal of the European Union L 58 of 28 February 2022)

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32022R0336R(01)&from=EN

A new entry (entry 675) has been made on page 7, under the heading ‘Identifying information’.

For further information please consult the respective links.​​​


·        Council Implementing Regulation (EU) 2022/396 of 9 March 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

 

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32022R0396&from=EN

 

In view of the gravity of the situation, the Council considers that 146 members of the Russian Federation Council who ratified the government decisions of the ‘Treaty of Friendship, Cooperation and Mutual Assistance between the Russian Federation and the Donetsk People’s Republic and between the Russian Federation and the Luhansk People’s Republic’ should be added to the list of natural and legal persons, entities and bodies subject to restrictive measures set out in Annex I to Regulation (EU) No 269/2014.

 

In addition, the list should include 14 persons supporting and benefitting from the Government of the Russian Federation or providing a substantial source of revenue to it, or associated with listed persons or entities.

Regulation (EU) No 269/2014 has been amended accordingly.

 

 · Council Decision (CFSP) 2022/397 of 9 March 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32022D0397&from=EN

In view of the gravity of the situation, the Council considers that 146 members of the Russian Federation Council who ratified the government decisions of the ‘Treaty of Friendship, Cooperation and Mutual Assistance between the Russian Federation and the Donetsk People’s Republic and between the Russian Federation and the Luhansk People’s Republic’ should be added to the list of persons, entities and bodies subject to restrictive measures set out in the Annex to Decision 2014/145/CFSP.

In addition, the list should include 14 persons supporting and benefitting from the Government of the Russian Federation or providing a substantial source of revenue to it, or associated with listed persons or entities.

 Decision 2014/145/CFSP has been amended accordingly.

· Council Regulation (EU) 2022/394 of 9 March 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32022R0394&from=EN

In order to ensure correct implementation of the measures set out in Regulation (EU) No 833/2014, the Council deemed it necessary to clarify the exception for the provision of financing for small and medium-sized enterprises, as well as certain provisions in the Annexes relating to prohibited goods and technology.

Regulation (EU) No 833/2014 has therefore be amended accordingly.

· Council Decision (CFSP) 2022/395 of 9 March 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32022D0395&from=EN 

In view of the gravity of the situation, and in response to Russia’s military aggression against Ukraine, it is appropriate to introduce further restrictive measures with regard to the export of maritime navigation goods and technology.

It is also appropriate to expand the list of legal persons, entities and bodies subject to the prohibitions related to investment services, transferable securities, money market instruments, and loans. Moreover, certain clarifications are necessary to ensure the proper application of some of the specific sectoral restrictions introduced by Decision (CFSP) 2022/327.

Decision 2014/512/CFSP has been amended accordingly. 

·      Council Implementing Regulation (EU) 2022/408 of 10 March 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2022.084.01.0002.01.ENG&toc=OJ%3AL%3A2022%3A084%3ATOC  

On 11 March 2022, on the basis of a review by the Council, the information concerning 37 individuals and six entities in Annex I to Regulation (EU) No 269/2014 should be amended. Annex I to Regulation (EU) No 269/2014 should therefore be amended accordingly.

· Council Decision (CFSP) 2022/411 of 10 March 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2022.084.01.0028.01.ENG&toc=OJ%3AL%3A2022%3A084%3ATOC

On 11 March, the Council of the EU decided that in view of the continuing undermining or threatening of the territorial integrity, sovereignty and independence of Ukraine, Decision 2014/145/CFSP should be renewed for a further six months. The Council has reviewed the individual designations set out in the Annex to Decision 2014/145/CFSP. On the basis of that review, the information concerning 37 individuals and six entities should be amended. Decision 2014/145/CFSP should therefore be amended accordingly. 

·        Council Implementing Regulation (EU) 2022/427 of 15 March 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.LI.2022.087.01.0001.01.ENG&toc=OJ%3AL%3A2022%3A087I%3ATOC

On 24 February 2022, the President of the Russian Federation announced a military operation in Ukraine and Russian armed forces began an attack on Ukraine. That attack is a blatant violation of the territorial integrity, sovereignty and independence of Ukraine. In its conclusions of 24 February 2022, the European Council condemned in the strongest possible terms the Russian Federation’s unprovoked and unjustified military aggression against Ukraine. By its illegal military actions, Russia is grossly violating international law and the principles of the United Nations Charter, and undermining European and global security and stability. The European Council agreed on further restrictive measures that will impose massive and severe consequences on Russia for its actions, in close coordination with the Union’s partners and allies. On 25 February 2022, the Council adopted Regulation (EU) 2022/330 (2), which amended the criteria of designation to include persons and entities supporting and benefitting from the Government of the Russian Federation, persons and entities providing a substantial source of revenue to the Government of the Russian Federation, and natural or legal persons associated with listed persons or entities. In view of the gravity of the situation, the Council considers that 15 individuals and 9 entities should be added to the list of persons, entities and bodies subject to restrictive measures as set out in Annex I to Regulation (EU) No 269/2014. Annex I to Regulation (EU) No 269/2014 should therefore be amended accordingly to include 24 new persons and entities to the list of natural and legal persons, entities and bodies set out in Annex I to Regulation (EU) No 269/2014.

·        Council Decision (CFSP) 2022/429 of 15 March 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.LI.2022.087.01.0044.01.ENG&toc=OJ%3AL%3A2022%3A087I%3ATOC

On 24 February 2022, the President of the Russian Federation announced a military operation in Ukraine and Russian armed forces began an attack on Ukraine. That attack is a blatant violation of the territorial integrity, sovereignty and independence of Ukraine. In its conclusions of 24 February 2022, the European Council condemned in the strongest possible terms the Russian Federation’s unprovoked and unjustified military aggression against Ukraine. By its illegal military actions, Russia is grossly violating international law and the principles of the United Nations Charter, and undermining European and global security and stability. The European Council agreed on further restrictive measures that will impose massive and severe consequences on Russia for its actions, in close coordination with the Union’s partners and allies. On 25 February 2022, the Council adopted Decision (CFSP) 2022/329 (2), which amended the criteria of designation to include persons and entities supporting and benefitting from the Government of the Russian Federation, persons and entities providing a substantial source of revenue to the Government of the Russian Federation, and natural or legal persons associated with listed persons or entities. In view of the gravity of the situation, the Council considers that 15 individuals and 9 entities should be added to the list of persons, entities and bodies subject to restrictive measures set out in the Annex to Decision 2014/145/CFSP. Decision 2014/145/CFSP should therefore be amended accordingly.

·        Council Regulation (EU) 2022/428 of 15 March 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.LI.2022.087.01.0013.01.ENG&toc=OJ%3AL%3A2022%3A087I%3ATOC

On 15 March 2022, the Council adopted Decision (CFSP) 2022/430, amending Decision 2014/512/CFSP and introducing further trade restrictions concerning iron and steel, as well as luxury goods. Decision (CFSP) 2022/430 expands the list of persons connected to Russia’s defence and industrial base, on whom tighter export restrictions regarding dual-use goods and technology as well as goods and technology which might contribute to the technological enhancement of Russia’s defence and security sector are imposed. Decision (CFSP) 2022/430 also imposes prohibitions targeting new investments in the Russian energy sector, as well as a comprehensive export restriction on equipment, technology and services for the energy industry in Russia, with the exception of the nuclear industry and the downstream sector of energy transport. Decision (CFSP) 2022/430 prohibits all transactions with certain state-owned companies which are already subject to refinancing restrictions. Decision (CFSP) 2022/430 also prohibits the provision of credit rating services and bans access to any subscription services in relation to credit rating activities to Russian clients. These measures fall within the scope of the Treaty and, therefore, in particular with a view to ensuring their uniform application in all Member States, regulatory action at the level of the Union is necessary. Regulation (EU) No 833/2014 should therefore be amended accordingly.

 

·        Council Decision (CFSP) 2022/430 of 15 March 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.LI.2022.087.01.0056.01.ENG&toc=OJ%3AL%3A2022%3A087I%3ATOC

On 24 February 2022, the President of the Russian Federation announced a military operation in Ukraine and Russian armed forces began an attack on Ukraine. That attack is a blatant violation of the territorial integrity, sovereignty and independence of Ukraine. In its conclusions of 24 February 2022, the European Council condemned in the strongest possible terms the Russian Federation’s unprovoked and unjustified military aggression against Ukraine. By its illegal military actions, Russia is grossly violating international law and the principles of the UN Charter and undermining European and global security and stability. The European Council called for the urgent preparation and adoption of a further individual and economic sanctions package. In view of the gravity of the situation, and in response to Russia’s military aggression against Ukraine, it is appropriate to introduce further restrictive measures. In particular, it is appropriate to prohibit all transactions with certain state-owned companies. It is also appropriate to prohibit the provision of any credit rating services, as well as access to any subscription services in relation to credit rating activities, to any Russian person or entity. Moreover, it is appropriate to tighten the export restrictions regarding dual-use goods and technology as well as goods and technology which might contribute to the technological enhancement of Russia’s defence and security sector, and to expand the list of persons connected to Russia’s defence and industrial base, which are subject to those restrictions. Furthermore, it is appropriate to prohibit new investments in the Russian energy sector, and to introduce a comprehensive export restriction on equipment, technology and services for the energy industry in Russia, with the exception of nuclear industry and the downstream sector of energy transport. Finally, it is appropriate to introduce further trade restrictions concerning iron and steel, as well as luxury goods. Further action by the Union is needed in order to implement certain measures. Decision 2014/512/CFSP should therefore be amended accordingly.

For further information, kindly consult the above links and attachments.


  • Council Regulation (EU) 2022/580 of 8 April 2022 amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine 

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2022.110.01.0001.01.ENG&toc=OJ%3AL%3A2022%3A110%3ATOC

On 8 April 2022, the Council adopted Decision (CFSP) 2022/582 (3) amending Decision 2014/145/CFSP, that introduced further derogation options from the asset freeze and the prohibition to make funds and economic resources available to designated persons and entities. Those amendments fall within the scope of the Treaty on the Functioning of the European Union and regulatory action at the level of the Union is necessary in order to implement them, in particular with a view to ensuring their uniform application in all Member States. Regulation (EU) No 269/2014 should therefore be amended accordingly.

 

On 24 February 2022, the President of the Russian Federation announced a military operation in Ukraine and Russian armed forces began an attack on Ukraine. That attack is a blatant violation of the territorial integrity, sovereignty and independence of Ukraine. In its conclusions of 24 February 2022, the European Council condemned in the strongest possible terms the Russian Federation’s unprovoked and unjustified military aggression against Ukraine. By its illegal military actions, Russia is grossly violating international law and the principles of the United Nations Charter, and undermining European and global security and stability. The European Council agreed on further restrictive measures that will impose massive and severe consequences on Russia for its actions, in close coordination with the Union’s partners and allies. On 25 February 2022, the Council adopted Decision (CFSP) 2022/329 (2), which amended the criteria of designation to include persons and entities supporting and benefitting from the Government of the Russian Federation, persons and entities providing a substantial source of revenue to the Government of the Russian Federation, and natural or legal persons associated with listed persons or entities. In its conclusions of 24 March 2022, the European Council stated that Russia’s war of aggression against Ukraine grossly violates international law and is causing massive loss of life and injury to civilians, and that the Union remains ready to close loopholes and target actual and possible circumvention of the restrictive measures already adopted, as well as to move quickly with further coordinated robust sanctions on Russia and Belarus, to effectively thwart Russian abilities to continue the aggression. In view of the gravity of the situation, the Council considers that it is appropriate to impose restrictive measures on leading businesspersons involved in economic sectors providing a substantial source of revenue to, and on persons supporting or benefitting from, the Government of the Russian Federation and on natural persons associated with those persons, including family members unduly benefitting from them. The Council also considers that the Ministers and members of the ‘People’s Council’ of the so-called ‘Donetsk People’s Republic’ and ‘Luhansk People’s Republic’ should be subject to restrictive measures. Furthermore, the Council considers that companies supporting, materially or financially, or benefitting from the Government of the Russian Federation and materially or financially supporting actions which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine should also be subject to restrictive measures. As a result, 216 individuals and 18 entities should be added to the list of persons, entities and bodies subject to restrictive measures set out in Annex I to Regulation (EU) No 269/2014. Regulation (EU) No 269/2014 should therefore be amended accordingly.

 

  • Council Decision (CFSP) 2022/582 of 8 April 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2022.110.01.0055.01.ENG&toc=OJ%3AL%3A2022%3A110%3ATOC

In view of the gravity of the situation, the Council considers that it is appropriate to impose restrictive measures on leading businesspersons involved in economic sectors providing a substantial source of revenue to, and on persons supporting or benefitting from, the Government of the Russian Federation and on natural persons associated with those persons, including family members unduly benefitting from them. The Council also considers that the Ministers and members of the ‘People’s Council’ of the so-called ‘Donetsk People’s Republic’ and ‘Luhansk People’s Republic’ should be subject to restrictive measures. Furthermore, the Council considers that companies supporting, materially or financially, or benefitting from the Government of the Russian Federation and materially or financially supporting actions which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine should also be subject to restrictive measures. As a result, 216 individuals and 18 entities should be added to the list of persons, entities and bodies subject to restrictive measures set out in the Annex to Decision 2014/145/CFSP. The Council considers that a derogation to the assets freeze and the prohibition from making funds and economic resources available to designated persons and entities should be introduced for diplomatic missions. The Council considers that a derogation should be introduced for certain operations applicable to certain entities listed in the Annex to Decision 2014/145/CFSP. Decision 2014/145/CFSP should therefore be amended accordingly.

 

  • Council Regulation (EU) 2022/576 of 8 April 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2022.111.01.0001.01.ENG&toc=OJ%3AL%3A2022%3A111%3ATOC

On 8 April 2022, the Council adopted Decision (CFSP) 2022/578, amending Decision 2014/512/CFSP. It extends the list of controlled items which might contribute to Russia’s military and technological enhancement or the development of its defence and security sector. It introduces additional import restrictions on certain goods from Russia, in particular on coal and other solid fossil fuels. It also introduces further export restrictions to Russia, in particular on jet fuel and other goods. Decision (CFSP) 2022/578 also prohibits the award and continued execution of public contracts and concessions with Russian nationals and entities or bodies established in Russia. Decision (CFSP) 2022/578 imposes a prohibition on the provision of support, including financing and financial assistance or any other benefit, from a Union, Euratom or Member State programme to Russian publicly owned or controlled entities. Decision (CFSP) 2022/578 also extends the prohibitions on the export of euro-denominated banknotes and on the sale of euro-denominated transferrable securities to all official currencies of the Member States. Decision (CFSP) 2022/578 extends the exemption from the prohibition to engage in transactions with certain State-owned entities as regards transactions for the purchase, import or transport of fossil fuels and certain minerals into Switzerland, the European Economic Area and the Western Balkans. It is appropriate to extend the exemptions from the prohibition on transaction with certain Russian State-owned enterprises and their subsidiaries to countries in the European Economic Area and Switzerland as well as to the Western Balkans; the Union expects the swift and full alignment of all countries in the region with EU restrictive measures, including those concerning Russia’s actions destabilising the situation in Ukraine. Decision (CFSP) 2022/578 also introduces a prohibition for road transport undertakings established in Russia to transport goods by road in the Union, and prohibits access to ports to vessels registered under the flag of Russia. It introduces a prohibition on being a beneficiary, acting as a trustee or in similar capacities for Russian persons and entities, as well as a prohibition on providing certain services to trusts. These measures fall within the scope of the Treaty and, therefore, in particular with a view to ensuring their uniform application in all Member States, regulatory action at the level of the Union is necessary. Regulation (EU) No 833/2014 should therefore be amended accordingly.

 

  • Council Regulation (EU) 2022/577 of 8 April 2022 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

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2022.111.01.0067.01.ENG&toc=OJ%3AL%3A2022%3A111%3ATOC

Council Decision (CFSP) 2022/579 (3) imposes further restrictive measures prohibiting the sale to Belarus of transferable securities denominated in any official currency of a Member State, and prohibiting the sale, supply, transfer or export to Belarus of banknotes denominated in any official currency of a Member State. That Decision also imposes further restrictive measures prohibiting road transport undertakings established in Belarus from transporting goods by road within the territory of the European Union. Regulation (EC) No 765/2006 should therefore be amended accordingly.

 

  • Council Decision (CFSP) 2022/578 of 8 April 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2022.111.01.0070.01.ENG&toc=OJ%3AL%3A2022%3A111%3ATOC

In view of the gravity of the situation, and in response to Russia’s military aggression against Ukraine, it is appropriate to introduce further restrictive measures. In particular, it is appropriate to extend the prohibition on deposits to crypto-wallets, as well as to extend the prohibitions on the export of euro-denominated banknotes and on the sale of euro-denominated transferrable securities to all official currencies of the Member States. It is also appropriate to prohibit the award and continued execution of public contracts and concessions with Russian nationals and entities or bodies established in Russia. Furthermore, it is appropriate to prohibit the provision of support, including financing and financial assistance or any other benefit from a Union, Euratom or Member State programme to Russian publicly owned or controlled entities. It is also appropriate to introduce a prohibition on being a beneficiary, acting as trustee or in similar capacities for Russian persons and entities, as well as a prohibition on providing certain services to trusts. Moreover, it is appropriate to prohibit access to ports in the territory of the Union to vessels registered under the flag of Russia. It is also appropriate to restrict exports of jet fuel and other goods to Russia, as well as to introduce additional import restrictions on certain goods exported by or originating from Russia, including coal and other solid fossil fuels. Finally, it should also be prohibited to any road transport undertaking established in Russia to transport goods by road within the territory of the Union, including in transit. It is also appropriate to extend the exemption from the prohibition to engage in transactions with certain State-owned entities to Switzerland, the European Economic Area and the Western Balkans. The Union expects the swift and full alignment of all countries in the region with EU restrictive measures, including those concerning Russia’s actions destabilising the situation in Ukraine. Moreover, it is also appropriate to amend or introduce certain derogations in relation to the restrictions on dual-use goods and technologies, goods and technologies which might contribute to Russia’s military and technological enhancement or the development of its defence and security sector, goods and technology suited for use in aviation or the space industry, jet fuel and fuel additives, and luxury goods. Further action by the Union is needed in order to implement certain measures. Decision 2014/512/CFSP should therefore be amended accordingly.

For further information, kindly consult the above links and attachment.​

Corrigendum to Council Implementing Regulation (EU) 2022/396 of 9 March 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (Official Journal of the European Union L 80 of 9 March 2022)

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOL_2022_117_R_0012&from=EN

The ‘Name’ column of entry 776 in the table of the Annex on page 17 has been amended as follows:

for:

‘Sergey Borisovich IVANOV

(Сергей Борисович ИВАНОВ)’

read:

‘Sergey Pavlovich IVANOV

(Сергей Павлович ИВАНОВ)’

Corrigendum to Council Decision (CFSP) 2022/397 of 9 March 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (Official Journal of the European Union L 80 of 9 March 2022)

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOL_2022_117_R_0013&from=EN

The ‘Name’ column of entry 776 in the table of the Annex on page 47 has been amended as follows:

for:

‘Sergey Borisovich IVANOV

(Сергей Борисович ИВАНОВ)’

read:

‘Sergey Pavlovich IVANOV

(Сергей Павлович ИВАНОВ)’

For further information kindly consult the above links.​


Ukraine Regime

Corrigendum to Council Regulation (EU) 2022/625 of 13 April 2022 amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (Official Journal of the European Union L 116 of 13 April 2022 

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32022R0625R(01)&from=EN

Page 2, Article 1, in the new Article 2a, paragraph 1 has been amended as follows:

for:

‘1.   Article 2(2) shall not apply to funds or economic resources made available by organisations and agencies which are pillar-assed by the Union and …’,

read:

‘1.   Article 2(2) shall not apply to funds or economic resources made available by organisations and agencies which are pillar-assessed by the Union and …’.

For further information kindly consult the above link.​

Ukraine Regime 03 June 2022 

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L:2022:153:FULL&from=EN

§  COUNCIL IMPLEMENTING REGULATION (EU) 2022/878 of 3 June 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine and COUNCIL DECISION (CFSP) 2022/883 of 3 June 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

Ø  On 03 June 2022, the EU has included sixty-five individuals and eighteen entities under the list of natural and legal persons, entities and bodies subject to restrictive measures set out in Annex I to Regulation (EU) No 269/2014 and Annex to Decision 2014/145/ CFSP 

§  COUNCIL REGULATION (EU) 2022/879 of 3 June 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine and COUNCIL DECISION (CFSP) 2022/884 of 3 June 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

Ø  On 3 June 2022, the Council adopted Decision (CFSP) 2022/884, amending Decision 2014/512/CFSP and imposing further restrictive measures in various sectors.

§  Decision (CFSP) 2022/884 extends the prohibition on the provision of specialised financial messaging services to three additional Russian credit institutions.

§  Decision (CFSP) 2022/884 also expands the list of persons connected to Russia’s defence and industrial base, on whom tighter export restrictions regarding dual-use goods and technology, as well as goods and technology which might contribute to the technological enhancement of Russia’s defence and security sector, are imposed.

§  It is also considered appropriate to extend the list of controlled items which might contribute to Russia’s military and technological enhancement or the development of its defence and security sector.

§  Decision (CFSP) 2022/884 extends the suspension of the broadcasting licences in the Union of Russian media outlets under the permanent control of the Russian leadership and to introduce further restrictive measures to suspend the broadcasting activities of such media outlets in the Union, or directed at the Union. The measures should be maintained until the aggression against Ukraine is put to an end, and until the Russian Federation, and its associated media outlets, cease to conduct propaganda actions against the Union and its Member States. Such measures do not prevent the media outlets and their staff from carrying out activities in the Union other than broadcasting, such as research and interviews. In particular, those measures do not modify the obligation to respect the rights, freedoms and principles referred to in Article 6 of the Treaty on European Union, including in the Charter of Fundamental Rights, and in Member States’ constitutions, within their respective fields of application.

§  Decision (CFSP) 2022/884 also imposes a prohibition on advertising products or services in any content produced or broadcast by the Russian media outlets under the permanent control of the Russian leadership subject to the suspension of broadcasting licences.

§  Decision (CFSP) 2022/884 also imposes prohibitions on the purchase, import or transfer into Member States, directly or indirectly, of crude oil and certain petroleum products, which originate in Russia or are exported from Russia, and on the insurance and reinsurance of maritime transport of such goods to third countries. Appropriate transitional periods are provided for.

§  Due to the geographical situation of several Member States, which generates specific dependence on crude oil imported by pipeline from Russia, the import prohibitions on crude oil from Russia should temporarily not apply, until the Council decides otherwise, to imports by pipeline of crude oil from Russia into those Member States.

§  It is necessary to prohibit the onward transfer, transport or re-sale of crude oil from Russia delivered into a Member State by pipeline to other Member States or to third countries, as well as to prohibit, following a transitional period of eight months, the onward transfer, transport or re-sale to other Member States of petroleum products obtained from such crude oil.

§  Due to the specific geographical exposure of Bulgaria, a special derogation from the prohibition on imports of crude oil via maritime transport ('seaborne crude oil') and of petroleum products should be provided for a limited period. Due to Croatia's specific situation linked to the need for its refinery to secure regular supply of vacuum gas oil for its functioning, it should be possible for the national competent authority to authorise the purchase, import or transfer of Russian vacuum gas oil for a specific period of time under certain conditions.

§  If the supply of crude oil by pipeline from Russia to a landlocked Member State is interrupted for reasons beyond the control of that Member State, the import of seaborne crude oil from Russia into that Member State should be allowed, by way of an exceptional temporary derogation, until the supply by pipeline is resumed or until the Council decides that the prohibition on the import of crude oil delivered by pipeline is to apply with regard to that Member State.

§  In the event of a sudden disruption of oil supplies, whether by pipeline or seaborne, Member States should act in a spirit of solidarity and regional cooperation, involving both public authorities and energy undertakings, in close coordination within the Oil Coordination Group, with a view to possible releases of oil stocks, including emergency oil stocks, and other measures, including the supply of the appropriate blend, as foreseen in their national contingency plans or agreed in accordance with Directive 2009/119/EC. This commitment of solidarity and cooperation is of particular relevance in view of Russia’s aggression on Ukraine and a possible disruption of supplies of Russian crude oil or refined petroleum products in the region, in particular regarding pipelines or Black Sea ports. The Commission will monitor markets and the security of supply, and will report to the Council on a regular basis and, if necessary, make proposals to strengthen the security of supply.

§  In compliance with the principle of the freedom of transit, the prohibitions on the purchase, import or transfer of seaborne crude oil and of certain petroleum products from Russia should be without prejudice to the purchase, import or transfer of such goods which originate in a third country and are only transiting through Russia. In particular, those prohibitions should not apply in the situation where Russia is identified as the State of export in the customs declarations, if the country of origin for the crude oil and other petroleum products is identified in those declarations as a third State.

§  National authorities should conduct the necessary checks to ensure that the transit of third country goods does not lead to the circumvention of the prohibitions. If there is sufficient evidence that the imports of third-country goods leads to the circumvention of the prohibition, such imports should be prohibited.

§  Furthermore, Decision (CFSP) 2022/884 imposes prohibitions on the provision to Russia of accounting, auditing, bookkeeping and tax consulting services, as well as on business and management consulting and public relations services.

§  In order to ensure the smooth implementation of Article 5m of Regulation (EU) No 833/2014, it is appropriate to extend the deadline for the cessation of activities provided for in paragraphs 2 and 3 of that Article from 10 May 2022 until 5 July 2022.

§  It is appropriate to clarify that this Regulation does not prevent the reception of payments by a legal person, entity or body incorporated or constituted under the law of a Member State from its Russian counterparty pursuant to contracts related to goods and technologies as listed in Annex X to Regulation (EU) No 833/2014 which were concluded before 26 February 2022 and performed by that legal person, entity or body before 27 May 2022.

§  Having regard to Annex II to Regulation (EC) No 184/2005 of the European Parliament and of the Council of 12 January 2005 on Community statistics concerning balance of payments, international trade in services and foreign direct investment, accounting, auditing, bookkeeping and tax consultancy services cover the recording of commercial transactions for businesses and others; examination services of accounting records and financial statements; business tax planning and consulting; and the preparation of tax documents. Business and management consulting and public relations services cover advisory, guidance and operational assistance services provided to businesses for business policy and strategy and the overall planning, structuring and control of an organisation. Management fees, management auditing; market management, human resources, production management and project management consulting; and advisory, guidance and operational services related to improving the image of the clients and their relations with the general public and other institutions are all included.

§  In order to ensure correct implementation of the measures set out in Regulation (EU) No 833/2014, it is appropriate to extend the exemption from the prohibition on the transport of goods by road transport undertakings established in Russia to all diplomatic and consular representations in Russia. It is also appropriate to extend certain exemptions from the prohibitions on accepting deposits and on trusts, and to clarify and strengthen the provisions on national penalties for the breach of the measures in that Regulation.

§  Regulation (EU) No 833/2014 and Decision 2014/512/CFSP have been amended accordingly.

§  COUNCIL REGULATION (EU) 2022/880  of 3 June 2022 amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine and COUNCIL DECISION (CFSP) 2022/885 of 3 June 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

Ø  On 3 June 2022, the Council adopted Decision (CFSP) 2022/885 amending Decision 2014/145/CFSP, which introduced further derogation options from the asset freeze and the prohibition to make funds and economic resources available to designated persons and entities. It is also appropriate to clarify and strengthen the provisions on national penalties for the breach of the measures in that Regulation. Regulation (EU) No 269/2014 and Decision 2014/145/CFSP have therefore been amended accordingly.

 

Belarus Regime 03 June 2022 

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L:2022:153:FULL&from=EN

 ​§  COUNCIL IMPLEMENTING REGULATION (EU) 2022/876 of 3 June 2022 implementing Article 8a(1) of 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 and COUNCIL IMPLEMENTING DECISION (CFSP) 2022/881 of 3 June 2022 implementing Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine

Ø  On 03 June 2022, the EU has included twelve individuals and eight entities under the list of natural and legal persons, entities and bodies subject to restrictive measures set out in Annex I to Regulation (EC) No 765/2006 and Annex I to Decision 2012/642/CFSP.

 

§  COUNCIL REGULATION (EU) 2022/877 of 3 June 2022 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 and COUNCIL DECISION (CFSP) 2022/882 of 3 June 2022 amending Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine

Ø  Council Decision (CFSP) 2022/882 (3) expands the scope of the sanctions to further implement the conclusions of the European Council of 24 March 2022 following the involvement of Belarus in the unacceptable and illegal Russian military aggression against Ukraine, which under international law qualifies as an act of aggression. In view of the gravity of the situation, it is necessary to take additional measures. Consequently, Decision (CFSP) 2022/882 expanded the list of entities subject to restrictions with regard to authorisations for the sale, supply, transfer or export of dual-use goods and technology, and goods and technology which might contribute to Belarus’s military and technological enhancement, or to the development of its defence and security sector. Decision (CFSP) 2022/882 also expands the list of Belarusian credit institutions and their Belarusian subsidiaries subject to restrictive measures with regard to the provision of specialised financial messaging services. Regulation (EC) No 765/2006 and Decision 2012/642/CFSP should therefore be amended accordingly.​ 

Address
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