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

• Published date: 08 April 2022
• Subject Matter: Common foreign and security policy
• Official Gazette Publication: Official Journal of the European Union, L 111, 8 April 2022

8.4.2022 EN Official Journal of the European Union L 111/1

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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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,

Having regard to 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 (1),

Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,

Whereas:

(1) On 31 July 2014, the Council adopted Regulation (EU) No 833/2014 (2).

(2) Regulation (EU) No 833/2014 gives effect to certain measures provided for in Council Decision 2014/512/CFSP (3).

(3) 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.

(4) 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.

(5) 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.

(6) 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.

(7) 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.

(8) 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.

(9) 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.

(10) 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.

(11) Regulation (EU) No 833/2014 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) No 833/2014 is amended as follows:

(1) in Article 1, the following points are added: ‘(v) “public procurement Directives” means Directives 2014/23/EU (*1), 2014/24/EU (*2), 2014/25/EU (*3) and 2009/81/EC (*4) of the European Parliament and of the Council; (w) “road transport undertaking” means any natural or legal person, entity or body engaged with a commercial purpose in the transport of freight by means of motor vehicles or combinations of vehicles; (*1) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1)." (*2) Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65)." (*3) Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243)." (*4) Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (OJ L 216, 20.8.2009, p. 76).’;"

(2) in Article 2(4), point (e) is replaced by the following: ‘(e) intended for civilian non-publicly available electronic communications networks which are not the property of an entity that is publicly controlled or with over 50 % public ownership;’;

(3) in Article 2(7), points (i) and (ii) are replaced by the following: ‘(i) the end-user might be a military end-user, a natural or legal person, entity or body in Annex IV or that the goods might have a military end-use, unless the sale, supply, transfer or export of goods and technology referred to in paragraph 1 or the provision of related technical or financial assistance is allowed under paragraph 1(a) of Article 2b; (ii) the sale, supply, transfer or export of goods and technology referred to in paragraph 1 or the provision of related technical or financial assistance is intended for aviation or the space industry, unless such sale, supply, transfer or export or the provision of related technical or financial assistance is allowed under paragraph 4(b); or’;

(4) in Article 2a(4), point (e) is replaced by the following: ‘(e) intended for civilian non-publicly available electronic communications networks which are not the property of an entity that is publicly controlled or with over 50 % public ownership’;

(5) in Article 2a(7), points (i) and (ii) are replaced by the following: ‘(i) the end-user might be a military end-user, a natural or legal person, entity or body in Annex IV or that the goods might have a military end-use, unless the sale, supply, transfer or export of goods and technology referred to in paragraph 1 or the provision of related technical or financial assistance is allowed under paragraph 1 of Article 2b; (ii) the sale, supply, transfer or export of goods and technology referred to in paragraph 1 or the provision of related technical or financial assistance is intended for aviation or the space industry, unless such sale, supply, transfer or export or the provision of related technical or financial assistance is allowed under paragraph 4(b); or’;

(6) in Article 3(3), point (a) is replaced by the following: ‘(a) the transport of natural gas and oil, including refined petroleum products, from or through Russia into the Union; or’;

(7) in Article 3a(2), point (a) is replaced by the following: ‘(a) it is necessary for ensuring critical energy supply within the Union, as well as the transport of natural gas and oil, including refined petroleum products, from or through Russia into the Union; or’;

(8) in Article 3b, paragraph 1 is replaced by the following: ‘1. It shall be prohibited to sell, supply, transfer, or export, directly or indirectly, goods and technology suited for use in oil refining and liquefaction of natural gas, as listed in Annex X, whether or not originating in the Union, to any natural or legal person, entity or body in Russia or for use in Russia.’;

(9) in Article 3c, paragraph 1 is replaced by the following: ‘1. It shall be prohibited to sell, supply, transfer or export, directly or indirectly, goods and technology suited for use in aviation or the space industry, as listed in Annex XI, and jet fuel and fuel additives as listed in Annex XX, whether or not originating in the Union, to any natural or legal person, entity or body in Russia or for use in Russia.’;

(10) in Article 3c, the following paragraphs are added: ‘6. By way of derogation from paragraphs 1 and 4, the national competent authorities may authorise, under such conditions as they deem appropriate, the execution of an aircraft financial lease concluded before 26 February 2022 after having determined that: (a) it is strictly necessary to ensure lease re-payments to a legal person, entity or body incorporated or constituted under the law of a Member State which does not fall under any of the restrictive measures provided for in this Regulation; and (b) no economic resources will be made available to the Russian counterpart, with the exception of the transfer of ownership of the aircraft after full reimbursement of the financial lease. 7. The Member State concerned shall inform the other Member States and the Commission of any authorisations granted under this Article within two weeks of the authorisation. 8. The prohibition in paragraph 1 shall be without prejudice to Articles 2(4)(b) and 2a(4)(b).’;

(11) the following Article is inserted: ‘Article 3ea 1. It shall be prohibited to provide access after...