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Council Decision (CFSP) 2025/388 of 24 February 2025 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

Council Decision (CFSP) 2025/388 of 24 February 2025 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

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

Whereas:

  1. On 17 March 2014, the Council adopted Decision 2014/145/CFSP(1).

  2. In its conclusions of 19 December 2024, the European Council reiterated its resolute condemnation of Russia’s war of aggression against Ukraine, which constitutes a manifest violation of the Charter of the United Nations, and reaffirmed its continued support for Ukraine’s independence, sovereignty and territorial integrity within its internationally recognised borders. The European Council stated that efforts to further limit Russia’s ability to wage war must continue. It also expressed the Union’s readiness to step up pressure on Russia, including by adopting further sanctions.

  3. In view of the gravity of the situation, it is appropriate to adopt further restrictive measures.

  4. In particular, the Council considers that 48 persons and 35 entities responsible for actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine 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.

  5. In view of the gravity of the situation, the Council considers it necessary to introduce two further criteria for the listing of natural or legal persons, entities or bodies subject to restrictive measures. The first criterion applies to persons, entities or bodies owning, controlling, managing or operating vessels involved in certain activities or that otherwise provide material, technical or financial support to the operations of such vessels. The second criterion applies to persons, entities or bodies forming part of, supporting, materially or financially, or benefitting from Russia’s military and industrial complex.

  6. Russian seaborne oil exports revenue accounts for a significant part of Russia’s budget and therefore fuels its illegal war of aggression against Ukraine. For the purposes of those oil exports, Russia is increasingly reliant on a fleet of vessels involved in substandard and high-risk shipping practices such as operating with inadequate or inexistent insurance (‘shadow fleet’). Those vessels pose significant maritime safety and environmental risks for the Union, its coastal Member States and third-country coastal states. Those risks have in particular been flagged by the International Maritime Organisation in its General Assembly resolution A.1192(33), adopted on 6 December 2023, which called on its Member States and other relevant stakeholders to develop capabilities and due diligence practices for the prevention, detection and reporting of the operation of shadow fleets and illegal activities facilitated by such vessels. Discouraging persons and entities from undertaking and facilitating high-risk shipping practices when transporting Russian-origin oil and disrupting shadow fleet operations therefore contribute to undermining revenue generation for the Russian war efforts while at the same time supporting international measures to preserve and improve the quality of the environment. Such efforts to address shadow fleet activities should be implemented in a targeted manner, taking into account the level of responsibility of the relevant operators in decision-making and operations. Furthermore, piloting services necessary for reasons of maritime safety should not be impeded.

  7. It is also appropriate to extend an existing divestment derogation to three additional listed individuals, include a specific derogation for the supply of specific goods and services necessary for the Budapest metro system and extend the scope of two existing derogations regarding certain transfers of funds and payments.

  8. It is appropriate to include a technical amendment in order to ensure the clarity of the provision in Decision 2014/145/CFSP concerning documents held by the Union institutions and the processing of personal data.

  9. Decision 2014/145/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2014/145/CFSP is amended as follows:

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

    1. natural persons that own, control, manage or operate vessels that transport crude oil or petroleum products, originating in Russia or exported from Russia, while practicing irregular and high-risk shipping practices as set out in the International Maritime Organisation General Assembly resolution A.1192(33), or that otherwise provide material, technical or financial support to the operations of such vessels; or

    2. natural persons forming part of, supporting, materially or financially, or benefitting from Russia’s military and industrial complex, including by being involved in the development, production or supply of military technology and equipment,’

    ;

  2. Article 2 is amended as follows:

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

      1. natural or legal persons, entities or bodies that own, control, manage or operate vessels that transport crude oil or petroleum products, originating in Russia or exported from Russia, while practicing irregular and high-risk shipping practices as set out in the International Maritime Organisation General Assembly resolution A.1192(33), or that otherwise provide material, technical or financial support to the operations of such vessels; or

      2. natural or legal persons, entities or bodies forming part of, supporting, materially or financially, or benefitting from Russia’s military and industrial complex, including by being involved in the development, production or supply of military technology and equipment,’

      ;

    2. paragraph 29 is replaced by the following:

      ‘29.

      By way of derogation from paragraphs 1 and 2 of this Article, the competent authorities of a Member State may, under such conditions as they deem appropriate, authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources to the individuals listed under entry numbers 92, 694, 719, 721, 881 and 920 under the heading “Persons” in the Annex, after having determined that:

      1. the funds or economic resources are necessary for the sale and transfer by 30 June 2025 of proprietary rights directly or indirectly owned by one of those individuals in a legal person, entity or body established in the Union; and

      2. the proceeds of such sale and transfer are frozen.’

      ;

    3. the introductory wording of paragraph 31 is replaced by the following:

      ‘31.

      By way of derogation from paragraphs 1 and 2 of this Article, and provided that the funds concerned were frozen as a result of the involvement of a legal person, entity or body listed in the Annex to this Decision, or of a legal person owned or controlled by a legal person, entity or body listed in that Annex, acting as intermediary bank during a transfer of those funds to the Union from the Russian Federation, from a third country or from the Union, the competent authorities of a Member State may, under such conditions as they deem appropriate, authorise the release of certain frozen funds, after having determined that the transfer of such funds is:’

      ;

    4. the introductory wording of paragraph 32 is replaced by the following:

      ‘32.

      By way of derogation from paragraphs 1 and 2 of this Article, and provided that the payment concerned was frozen as a result of a transfer to the Union from the Russian Federation, from a third country or from the Union, initiated through or from a legal person, entity or body listed in the Annex to this Decision, or through or from a legal person owned or controlled by a legal person, entity or body listed in that Annex, the competent authorities of a Member State may, under such conditions as they deem appropriate, authorise the release of that frozen payment, after having determined that the transfer of that payment is:’

      ;

    5. the following paragraph is added:

      ‘34.

      By way of derogation from paragraph 2, the competent authorities of a Member State may authorise, under such conditions as they deem appropriate, payments to the entity listed under entry number 265 under heading “B. Entities” in the Annex, for goods and services that can only be provided by that entity and that are necessary for the operation, maintenance or repair of Budapest metro line 3 cars delivered by Metrowagonmash in 2018. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph, within two weeks of the authorisation.’

      ;

  3. in Article 4a, paragraph 1 is replaced by the following:

    ‘1.

    Any document held by the Council, the Commission or the High Representative of the Union for Foreign Affairs and Security Policy (the “High Representative”) for the purpose of ensuring the enforcement of the measures set out in this Decision, or of preventing the violation or circumvention thereof, shall be subject to professional secrecy and shall enjoy the protection afforded by the rules applicable to the Union institutions. That protection shall also apply to the proposals from the High Representative for the amendment of this Decision and to any preparatory documents related to them.’

    ;

  4. the following article is inserted:

    1.

    No claims in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by the measures imposed under this Decision, including claims for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, particularly a claim for extension or payment of a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by:

    1. designated natural or legal persons, entities or bodies listed in the Annex;

    2. any natural or legal person, entity or body acting through or on behalf of one of the persons, entities or bodies referred to in point (a).

    2.

    In any proceedings for the enforcement of a claim, the onus of proving that satisfying the claim is not prohibited by paragraph 1 shall be on the natural or legal person, entity or body seeking the enforcement of that claim.

    3.

    This Article is without prejudice to the right of natural or legal persons, entities or bodies referred to in paragraph 1 to judicial review of the legality of the non-performance of contractual obligations in accordance with this Decision.’.

Article 2

The Annex to Decision 2014/145/CFSP is amended in accordance with the Annex to this Decision.

Article 3

This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

Done at Brussels, 24 February 2025.

For the Council

The President

K. Kallas

ANNEX