Legal provisions of JOIN(2022)11 - Amendment of Council Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine

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dossier JOIN(2022)11 - Amendment of Council Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's actions destabilising ...
document JOIN(2022)11 EN
date May  3, 2022

Contents

Article 1

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

(1) in Article 2f, the following paragraph is added:

‘3. It shall be prohibited to advertise products or services in any content produced or broadcast by the legal persons, entities or bodies listed in Annex XV, including through transmission or distribution by any means as referred to in paragraph 1.’

(2) in Article 3l(4), point (d) is replaced by the following:

‘(d) the functioning of diplomatic and consular representations in Russia, including delegations, embassies and missions, or international organisations in Russia enjoying immunities in accordance with international law; or’

(3) the following Articles are inserted:

‘Article 3m

1. It shall be prohibited to purchase, import or transfer, directly or indirectly, crude oil and petroleum products as listed in Annex XXV, if they originate in Russia or are exported from Russia.

2. It shall be prohibited to provide, directly or indirectly, technical assistance, brokering services, financing or financial assistance or any other services related to the prohibition in paragraph 1.

3. The prohibitions in paragraphs 1 and 2 shall not apply :

(a)until [OJ : please insert date 6 months after entry into force of this Regulation] to one-off transactions for near-term delivery, concluded and executed before this date, and to the execution of contracts for the purchase, import or transfer of goods falling under CN 2709 00 concluded before [OJ: please insert date of entry into force of this Regulation], or ancillary contracts necessary for the execution of such contracts,

(b)until [OJ: please insert date 8 months after entry into force of this Regulation] to one-off transactions for near-term delivery, concluded and executed before this date, and to the execution of contracts for the purchase, import or transfer of goods falling under CN 2710 concluded before [OJ: please insert date of entry into force of this Regulation], or ancillary contracts necessary for the execution of such contracts,

provided that the contracts mentioned in this paragraph have been notified by the relevant Member States to the Commission by [OJ please insert date 10 days after entry into force of this Regulation] and that the one-off transactions for near-term delivery are notified by the relevant Member States to the Commission within days of their completion.

4. As of [OJ: please insert date 6 months after entry into force of this Regulation], and by way of derogation from paragraphs 1 and 2 of this Article, the competent authorities of Hungary and Slovakia may authorise the execution until 31 December 2023 of contracts concluded before [OJ: please insert date of entry into force of this Regulation], or ancillary contracts necessary for the execution of such contracts, for the purchase, import or transfer of goods falling under CN 2709 00 originating in Russia or exported from Russia.

5. The goods referred to in paragraph 4 shall not be sold to buyers located in another Member State or in a third country.

6. The competent authorities of Hungary and Slovakia shall notify the Commission of all the authorisations granted under paragraph 4 within days of granting the derogation. Such notification shall include an explicit reference to the contract and describe the terms, including information on the counterpart, quantities to be transferred and expected dates of delivery.

Article 3n

1. It shall be prohibited to transport, including through ship-to-ship transfers, to third countries crude oil and petroleum products as listed in Annex XXV which originate in Russia or have been exported from Russia, by any vessel registered under the flag of a Member State or owned, chartered, operated or otherwise controlled by a national of a Member State or any legal person, entity or body incorporated or constituted under the law of a Member State.

2. It shall be prohibited to provide, directly or indirectly, technical assistance, brokering services, financing or financial assistance, or any other services, related to the transport, including through ship-to-ship transfers, to third countries of crude oil and petroleum products as listed in Annex XXV which originate in Russia or have been exported from Russia .

3. The prohibitions in paragraphs 1 and 2 shall not apply to the execution until [OJ: please insert date one month after entry into force of this Regulation] of contracts concluded before [OJ: please insert date of entry into force of this Regulation], or ancillary contracts necessary for the execution of such contracts.

Article 3o

1. It shall be prohibited to sell or transfer, directly or indirectly, ownership rights in immovable property located within the territory of the Union or units in collective investment undertakings providing exposure to such immovable property to:

(a)Russian nationals, or natural persons residing in Russia; or

(b)legal persons, entities or bodies established in Russia.

2. Paragraph 1 shall not apply to nationals of a Member State or natural persons having a temporary or permanent residence permit in a Member State.

3. Paragraph 1 shall not apply to the execution until [OJ: please insert date three months after entry into force of this Regulation] of legally binding agreements concluded before [OJ: please insert date of entry into force of this Regulation].’

(4) in Article 5aa, the following point is added:

‘2a. The prohibition in paragraph 1 shall not apply to the reception of payments due by the legal persons, entities or bodies referred to therein pursuant to contracts performed before 15 May 2022.’

(5) in paragraph 3 of Article 5aa, the following point is added:

‘(d) transactions which are strictly necessary to withdraw, by [OJ: please insert date 4 months after the date of entry into force of this Regulation] from joint ventures or similar legal arrangements involving a legal person, entity or body referred to in paragraph 1.’

(6) Article 5c 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:

(a)necessary to satisfy the basic needs of natural or legal persons, entities or bodies referred to in Article 5b(1) and their dependent family members, including payments for food, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

(b)intended exclusively for the payment of reasonable professional fees or the reimbursement of incurred expenses associated with the provision of legal services;

(c)intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources;

(d)necessary for extraordinary expenses, provided that the relevant competent authority has notified the competent authorities of the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted, at least two weeks prior to the authorisation; or

(e)necessary for official purposes of a diplomatic mission or consular post or international organisation.

2. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 1(a), (b), (c) and (e) within two weeks of the authorisation.’

(7) in Article 5f, paragraph 2, is replaced by the following:

‘2.   Paragraphs 1 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.’

(8) in Article 5m, paragraph 5, the following point is added:

‘(c) the operation of trusts whose purpose is the administration of occupational pension schemes, insurance policies or employee share scheme, charities, amateur sports clubs, and funds for minors or vulnerable adults.’

(9) The following Article is inserted:

‘Article 5n

1. It shall be prohibited to provide, directly or indirectly, accounting, auditing, including statutory audit, bookkeeping or tax consulting services, or business and management consulting or public relations services to:

(a)the Government of Russia; or

(b)legal persons, entities or bodies established in Russia.

2. Paragraph 1 shall not apply to the provision of services that are strictly necessary for the termination by [OJ: please insert 1 month after date of entry into force of this Regulation] of contracts which are not compliant with this Article concluded before [OJ: please insert date of entry into force of this Regulation] or ancillary contracts necessary for the execution of such contracts.

3. By way of derogation from paragraph 1, 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:

(a)the termination of operations, contracts, or other agreements concluded by legal persons, entities or bodies established in Russia before [OJ: please insert 1 month after date of entry into force of this Regulation], when such services are exclusively provided for the benefit of a legal person, entity or body incorporated or constituted under the law of a Member State liquidating a subsidiary established in Russia;

(b)the exercise of the right of defence in judicial proceedings and the right to an effective legal remedy;

(c)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

(d)civil society activities that directly promote democracy, human rights or the rule of law in Russia.’

(10) in Article 8, paragraph 1 is replaced by the following:

‘1. Member States shall lay down the rules on penalties, including criminal penalties, applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall also provide for appropriate measures of confiscation of the proceeds of such infringements.’

(11) Annex IV is amended in accordance with Annex I of this Regulation.

(12) Annex VII is amended in accordance with Annex II of this Regulation.

(13) Annex VIII is amended in accordance with Annex II of this Regulation.

(14) Annex XII is amended in accordance with Annex IV of this Regulation.

(15) Annex XIV is amended in accordance with Annex V of this Regulation.

(16) Annex XV is amended in accordance with Annex VI of this Regulation.

(17) Annex XXI is amended in accordance with Annex VII of this Regulation.

(18) Annex XXV is inserted in accordance with Annex VIII of this Regulation.

Article 2

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.