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

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

1. in Article 1, the following points are added:

   1. “public procurement Directives” means Directives 2014/23/EU^(*), 2014/24/EU^(**), 2014/25/EU^(***) and 2009/81/EC^(****) of the European Parliament and of the Council;

   2. “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;

2. in Article 2(4), point (e) is replaced by the following:

   1. 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:

   1. 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;

   2. 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:

   1. 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:

   1. 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;

   2. 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:

   1. 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:

   1. 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:

    1. 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

    2. 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:

    1.

    It shall be prohibited to provide access after 16 April 2022 to ports in the territory of the Union to any vessel registered under the flag of Russia.

    2.

    Paragraph 1 shall apply to vessels that have changed their Russian flag or their registration, to the flag or register of any other State after 24 February 2022.

    3.

    For the purposes of this Article, a vessel means:

    1. a ship falling within the scope of the relevant international conventions;

    2. a yacht, of 15 metres in length or more, which does not carry cargo and carrying no more than 12 passengers; or

    3. recreational craft or personal watercraft as defined in Directive 2013/53/EU of the European Parliament and of the Council^(*).

    4.

    Paragraph 1 shall not apply in the case of a vessel in need of assistance seeking a place of refuge, of an emergency port call for reasons of maritime safety, or for saving life at sea.

    5.

    By way of derogation from paragraph 1, the competent authorities may authorise a vessel to access a port, under such conditions as they deem appropriate, after having determined that the access is necessary for:

    1. the purchase, import or transport into the Union of natural gas and oil, including refined petroleum products, titanium, aluminium, copper, nickel, palladium and iron ore, as well as certain chemical and iron products as listed in Annex XXIV;

    2. the purchase, import or transport of pharmaceutical, medical, agricultural and food products, including wheat and fertilisers whose import, purchase and transport is allowed under this Regulation;

    3. humanitarian purposes;

    4. transport of nuclear fuel and other goods strictly necessary for the functioning of civil nuclear capabilities; or

    5. the purchase, import or transport into the Union of coal and other solid fossil fuels, as listed in Annex XXII until 10 August 2022.

    6.

    The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 5 within two weeks of the authorisation;

12. in Article 3h, the following paragraphs are added:

    ‘4.

    By way of derogation from paragraph 1, the competent authorities may authorise the transfer or export to Russia of cultural goods which are on loan in the context of formal cultural cooperation with Russia.

    5.

    The Member State concerned shall inform the other Member States and the Commission of any authorisations granted under paragraph 4 within two weeks of the authorisation.’;

13. the following Articles are inserted:

    1.

    It shall be prohibited to purchase, import, or transfer, directly or indirectly, goods which generate significant revenues for Russia thereby enabling its actions destabilising the situation in Ukraine, as listed in Annex XXI into the Union if they originate in Russia or are exported from Russia.

    2.

    It shall be prohibited to:

    1. provide technical assistance, brokering services or other services related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly in relation to the prohibition in paragraph 1.

    2. provide financing or financial assistance related to the goods and technology referred to in paragraph 1 for any purchase, import or transfer of those goods and technology, or for the provision of related technical assistance, brokering services or other services, directly or indirectly in relation to the prohibition in paragraph 1.

    3.

    The prohibitions in paragraphs 1 and 2 shall not apply to the execution until 10 July 2022 of contracts concluded before 9 April 2022, or ancillary contracts necessary for the execution of such contracts.

    4.

    As of 10 July 2022, the prohibitions in paragraphs 1 and 2 shall not apply to the import, purchase or transport, or the related technical or financial assistance, necessary for the import into the Union, of:

    1. 837 570 metric tonnes of potassium chloride of CN 3104 20 between 10 July of a given year and 9 July of the following year;

    2. 1 577 807 metric tonnes combined of the other products listed in Annex XXI under CN 3105 20, 3105 60 and 3105 90 between 10 July of a given year and 9 July of the following year;

    5.

    The import volume quotas set out in paragraph 4 shall be managed by the Commission and the Member States in accordance with the management system for tariff-rate quotas provided for in Articles 49 to 54 of Commission Implementing Regulation (EU) 2015/2447^(*).

    1.

    It shall be prohibited to purchase, import, or transfer, directly or indirectly, coal and other solid fossil fuels, as listed in Annex XXII into the Union if they originate in Russia or are exported from Russia.

    2.

    It shall be prohibited to:

    1. provide technical assistance, brokering services or other services related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly in relation to the prohibition in paragraph 1.

    2. provide financing or financial assistance related to the goods and technology referred to in paragraph 1 for any purchase, import or transfer of those goods and technology, or for the provision of related technical assistance, brokering services or other services, directly or indirectly in relation to the prohibition in paragraph 1.

    3.

    The prohibitions in paragraphs 1 and 2 shall not apply to the execution until 10 August 2022 of contracts concluded before 9 April 2022, or ancillary contracts necessary for the execution of such contracts.

    1.

    It shall be prohibited to sell, supply, transfer or export, directly or indirectly, goods which could contribute in particular to the enhancement of Russian industrial capacities as listed in Annex XXIII, to any natural or legal person, entity or body in Russia or for use in Russia.

    2.

    It shall be prohibited to:

    1. provide technical assistance, brokering services or other services related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Russia or for use in Russia;

    2. provide financing or financial assistance related to the goods and technology referred to in paragraph 1 for any sale, supply, transfer or export of those goods and technology, or for the provision of related technical assistance, brokering services or other services, directly or indirectly to any natural or legal person, entity or body in Russia, or for use in Russia.

    3.

    The prohibitions in paragraph 1 and 2 shall not apply to the execution until 10 July 2022 of contracts concluded before 9 April 2022 or ancillary contracts necessary for the execution of such contracts.

    4.

    The prohibitions referred to in paragraph 1 and 2 shall not apply to goods which are necessary for the official purposes of diplomatic or consular missions of Member States or partner countries in Russia or of international organisations enjoying immunities in accordance with international law, or to the personal effects of their staff.

    5.

    The competent authorities of the Member States may authorise, under the conditions they deem appropriate, the sale, supply, transfer or export of the goods and technology listed in Annex XXIII, or the provision of related technical or financial assistance, after having determined that such goods or technology or the provision of related technical or financial assistance are necessary for humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies, food, or the transfer of humanitarian workers and related assistance or for evacuations.

    1.

    It shall be prohibited for any road transport undertaking established in Russia to transport goods by road within the territory of the Union, including in transit.

    2.

    The prohibition in paragraph 1 shall not apply to road transport undertakings transporting:

    1. mail as a universal service;

    2. goods in transit though the Union between the Kaliningrad Oblast and Russia, provided that the transport of such goods is not otherwise prohibited under this Regulation.

    3.

    The prohibition in paragraph 1 shall not apply until 16 April 2022 to the transport of goods that started before 9 April 2022, provided that the vehicle of the road transport undertaking:

    1. was already in the territory of the Union on 9 April 2022, or

    2. needs to transit through the Union in order to return to Russia.

    4.

    By way of derogation from paragraph 1, the competent authorities of a Member State may authorise the transport of goods by a road transport undertaking established in Russia if the competent authorities have determined that such transport is necessary for:

    1. the purchase, import or transport into the Union of natural gas and oil, including refined petroleum products, as well as titanium, aluminium, copper, nickel, palladium and iron ore;

    2. the purchase, import or transport of pharmaceutical, medical, agricultural and food products, including wheat and fertilisers whose import, purchase and transport is allowed under this Regulation;

    3. humanitarian purposes;

    4. the functioning of diplomatic and consular representations of the Union and of the Member States in Russia, including delegations, embassies and missions, or international organisations in Russia enjoying immunities in accordance with international law; or

    5. the transfer or export to Russia of cultural goods which are on loan in the context of formal cultural cooperation with Russia.

    5.

    The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 4 within two weeks of the authorisation.

14. in Article 4(1), points (c) and (d) are deleted.

15. in Article 4, paragraph 2 is replaced by the following:

    ‘2.

    The prohibitions in paragraph 1 shall be without prejudice to the assistance for:

    1. the import, purchase or transport related to: (i) the provision of spare parts and services necessary for the maintenance and safety of existing capabilities within the Union; or (ii) the execution of contracts concluded before 1 August 2014, or ancillary contracts necessary for the execution of such contracts; or

    2. the sale, supply, transfer or export of spare parts and services necessary for the maintenance, repair and safety of existing capabilities within the Union.’;

16. in Article 5aa (3), point (a) is replaced by the following:

    1. transactions which are strictly necessary for the direct or indirect purchase, import or transport of natural gas and oil, including refined petroleum products, as well as titanium, aluminium, copper, nickel, palladium and iron ore from or through Russia into the Union, a country member of the European Economic Area, Switzerland, or the Western Balkans.’;

17. in Article 5aa(3), the following point is added:

    1. transactions for the purchase, import or transport into the Union of coal and other solid fossil fuels, as listed in Annex XXII until 10 August 2022.’;

18. Article 5b is replaced by the following:

    1.

    It shall be prohibited to accept any deposits from Russian nationals or natural persons residing in Russia, or legal persons, entities or bodies established in Russia, if the total value of deposits of the natural or legal person, entity or body per credit institution exceeds EUR 100 000.

    2.

    It shall be prohibited to provide crypto-asset wallet, account or custody services to Russian nationals or natural persons residing in Russia, or legal persons, entities or bodies established in Russia, if the total value of crypto-assets of the natural or legal person, entity or body per wallet, account or custody provider exceeds EUR 10 000.

    3.

    Paragraphs 1 and 2 shall not apply to nationals of a Member State, of a country member of the European Economic Area or of Switzerland, or to natural persons having a temporary or permanent residence permit in a Member State, in a country member of the European Economic Area or in Switzerland.

    4.

    Paragraphs 1 and 2 shall not apply to deposits which are necessary for non-prohibited cross-border trade in goods and services between the Union and Russia.’;

19. in Article 5c(1), the introductory wording is replaced by the following:

    ‘1.

    By way of derogation from Articles 5b(1) and (2), the competent authorities may authorise the acceptance of such a deposit or provision of wallet, account or custody service, under such conditions as they deem appropriate, after having determined that the acceptance of such a deposit or provision of wallet, account or custody service is:’;

20. in Article 5d(1), the introductory wording is replaced by the following:

    ‘1.

    By way of derogation from Articles 5b(1) and (2), the competent authorities may authorise the acceptance of such a deposit or provision of wallet, account or custody service, under such conditions as they deem appropriate, after having determined that the acceptance of such a deposit or provision of wallet, account or custody service is:’;

21. in Article 5f, paragraph 1 is replaced by the following:

    ‘1.

    It shall be prohibited to sell transferable securities denominated in any official currency of a Member State issued after 12 April 2022 or units in collective investment undertakings providing exposure to such securities, to any Russian national or natural person residing in Russia or any legal person, entity or body established in Russia.’;

22. Article 5i is replaced by the following:

    1.

    It shall be prohibited to sell, supply, transfer or export banknotes denominated in any official currency of a Member State to Russia or to any natural or legal person, entity or body in Russia, including the government and the Central Bank of Russia, or for use in Russia.

    2.

    The prohibition in paragraph 1 shall not apply to the sale, supply, transfer or export of banknotes denominated in any official currency of a Member State provided that such sale, supply, transfer or export is necessary for:

    1. the personal use of natural persons travelling to Russia or members of their immediate families travelling with them; or

    2. the official purposes of diplomatic missions, consular posts or international organisations in Russia enjoying immunities in accordance with international law.’;

23. the following Articles are inserted:

    1.

    It shall be prohibited to award or continue the execution of any public or concession contract falling within the scope of the public procurement Directives, as well as Article 10, paragraphs 1, 3, 6(a) to 6(e), 8, 9 and 10, Articles 11, 12, 13 and 14 of Directive 2014/23/EU, Article 7 and 8, Article 10 (b) to (f) and (h) to (j) of Directive 2014/24/EU, Article 18, Article 21 (b) to (e) and (g) to (i), Articles 29 and 30 of Directive 2014/25/EU and Article 13 (a) to (d), (f) to (h) and (j) of Directive 2009/81/EC, to or with:

    1. a Russian national, or a natural or legal person, entity or body established in Russia;

    2. a legal person, entity or body whose proprietary rights are directly or indirectly owned for more than 50 % by an entity referred to in point (a) of this paragraph; or

    3. a natural or legal person, entity or body acting on behalf or at the direction of an entity referred to in point (a) or (b) of this paragraph,

    including, where they account for more than 10 % of the contract value, subcontractors, suppliers or entities whose capacities are being relied on within the meaning of the public procurement Directives.

    2.

    By way of derogation from paragraph 1, the competent authorities may authorise the award and continued execution of contracts intended for:

    1. the operation, maintenance, decommissioning and radioactive waste management, fuel supply and retreatment and safety of civil nuclear capabilities, and the continuation of design, construction and commissioning required for the completion of civil nuclear facilities, as well as the supply of precursor material for the production of medical radioisotopes and similar medical applications, critical technology for environmental radiation monitoring, as well as civil nuclear cooperation, in particular in the field of research and development;

    2. intergovernmental cooperation in space programmes;

    3. the provision of strictly necessary goods or services which can only be provided, or which can only be provided in sufficient quantities, by the persons referred to in paragraph 1;

    4. the functioning of diplomatic and consular representations of the Union and of the Member States in Russia, including delegations, embassies and missions, or international organisations in Russia enjoying immunities in accordance with international law;

    5. the purchase, import or transport of natural gas and oil, including refined petroleum products, as well as titanium, aluminium, copper, nickel, palladium and iron ore from or through Russia into the Union; or

    6. the purchase, import or transport into the Union of coal and other solid fossil fuels, as listed in Annex XXII until 10 August 2022.

    3.

    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.

    4.

    The prohibitions in paragraph 1 shall not apply to the execution until 10 October 2022 of contracts concluded before 9 April 2022.

    1.

    It shall be prohibited to provide direct or indirect support, including financing and financial assistance or any other benefit under a Union, Euratom or Member State national programme and contracts within the meaning of Regulation (EU, Euratom) 2018/1046^(*), to any legal person, entity or body established in Russia with over 50 % public ownership or public control.

    2.

    The prohibition in paragraph 1 shall not apply to:

    1. humanitarian purposes, public health emergencies, the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or the environment, or as a response to natural disasters;

    2. phytosanitary and veterinary programmes;

    3. intergovernmental cooperation in space programmes and under the International Thermonuclear Experimental Reactor Agreement;

    4. the operation, maintenance, decommissioning and radioactive waste management, fuel supply and retreatment and safety of civil nuclear capabilities, as well as supply of precursor material for the production of medical radioisotopes and similar medical applications, critical technology for environmental radiation monitoring, as well as civil nuclear cooperation, in particular in the field of research and development;

    5. mobility exchanges for individuals and people-to-people contacts;

    6. climate and environmental programmes, with the exception of support in the context of research and innovation;

    7. the functioning of diplomatic and consular representations of the Union and of the Member States in Russia, including delegations, embassies and missions, or international organisations in Russia enjoying immunities in accordance with international law.

    1.

    It shall be prohibited to register, provide a registered office, business or administrative address as well as management services to, a trust or any similar legal arrangement having as a trustor or a beneficiary:

    1. Russian nationals or natural persons residing in Russia;

    2. legal persons, entities or bodies established in Russia;

    3. legal persons, entities or bodies whose proprietary rights are directly or indirectly owned for more than 50 % by a natural or legal person, entity or body referred to in points (a) or (b);

    4. legal persons, entities or bodies controlled by a natural or legal person, entity or body referrred to in points (a), (b) or (c);

    5. a natural or legal person, entity or body acting on behalf or at the direction of a natural or legal person, entity or body referred to in points (a), (b), (c) or (d).

    2.

    It shall be prohibited as of 10 May 2022 to act as, or arrange for another person to act as, a trustee, nominee shareholder, director, secretary or a similar position, for a trust or similar legal arrangement as referred to in paragraph 1.

    3.

    Paragraphs 1 and 2 shall not apply to the operations that are strictly necessary for the termination by 10 May 2022 of contracts which are not compliant with this Article concluded before 9 April 2022 or ancillary contracts necessary for the execution of such contracts.

    4.

    Paragraphs 1 and 2 shall not apply when the trustor or beneficiary is a national of a Member State or a natural person having a temporary or permanent residence permit in a Member State.

    5.

    By way of derogation from paragraphs 1 and 2, the competent authorities may authorise the services referred to therein, under such conditions as they deem appropriate, after having determined that this is necessary for:

    1. humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies, food, or the transfer of humanitarian workers and related assistance or for evacuations; or

    2. civil society activities that directly promote democracy, human rights or the rule of law in Russia.

24. in Article 6(1), the following point is added:

    1. detected instances of breach, circumvention and attempts at breach or circumvention of the prohibitions set out in this Regulation through the use of crypto-assets.’;

25. in Article 11(1), point (a) is replaced by the following:

    1. legal persons, entities or bodies listed in the Annexes to this Regulation or legal persons, entities or bodies established outside the Union whose proprietary rights are directly or indirectly owned for more than 50 % by them;’;

26. Annex VII is amended in accordance with Annex I to this Regulation;

27. Annex VIII is amended in accordance with Annex II to this Regulation;

28. Annex X is amended in accordance with Annex III to this Regulation;

29. Annex XVII is amended in accordance with Annex IV to this Regulation;

30. Annex XVIII is amended in accordance with Annex V to this Regulation;

31. Annexes XX, XXI, XXII, XXIII and XXIV are added in accordance with Annex VI to this Regulation.

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.