Considerations on 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 - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | JOIN(2022)11 - Amendment of Council Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's actions destabilising ... |
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| document | JOIN(2022)11  |
| date | May 3, 2022 |
(2) Regulation (EU) No 833/2014 gives effect to certain measures provided for in Council Decision 2014/512/CFSP 3 .
(3) On XXX, the Council adopted Decision (CFSP) 2022/XXX, amending Decision 2014/512/CFSP and imposing further restrictive measures in various sectors.
(4) Decision (CFSP) 2022/XXX extends the prohibition on the provision of specialised financial messaging services to three additional Russian credit institutions.
(5) Decision (CFSP) 2022/XXX 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.
(6) 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.
(7) Decision (CFSP) 2022/XXX extends the suspension of the broadcasting licences in the Union of Russian media outlets under the permanent control of the Russian leadership.
(8) The Russian Federation has engaged in a systematic, international campaign of media manipulation and distortion of facts in order to enhance its strategy of destabilisation of its neighbouring countries and of the Union and its Member States. In particular, the propaganda has repeatedly and consistently targeted European political parties, especially during election periods, as well as targeting civil society, asylum seekers, Russian ethnic minorities, gender minorities, and the functioning of democratic institutions in the Union and its Member States.
(9) In order to justify and support its aggression against Ukraine, the Russian Federation has engaged in continuous and concerted propaganda actions targeted at civil society in the Union and neighbouring countries, gravely distorting and manipulating facts.
(10) Those propaganda actions have been channelled through a number of media outlets under the permanent direct or indirect control of the leadership of the Russian Federation. Such actions constitute a significant and direct threat to the Union’s public order and security. Those media outlets are essential and instrumental in bringing forward and supporting the aggression against Ukraine, and for the destabilisation of its neighbouring countries.
(11) 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.
(12) 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, the freedom to conduct a business and the right to property as recognised in Articles 11, 16 and 17 thereof, these measures do not prevent those media outlets and their staff from carrying out other activities in the Union than broadcasting, such as research and interviews. In particular, these 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.
(13) Decision (CFSP) 2022/XXX also imposes a prohibition to advertise 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 licenses.
(14) Decision (CFSP) 2022/XXX also imposes prohibitions on the purchase, import or transfer, directly or indirectly, of crude oil and certain petroleum products into the Union and the transport by Union vessels of such goods to third countries. Appropriate transition periods are provided for.
(15) Due to the specific geographic situation of Hungary and Slovakia, which are landlocked countries, and their substantial dependence from crude oil imported by pipeline from Russia, a derogation to the prohibition may be granted by their national competent authority for a longer period of time under certain conditions.
(16) Decision (CFSP) 2022/XXX also prohibits the sale and transfer of ownership rights in immovable property located within the territory of the Union to Russian nationals and residents in Russia, as well as legal persons, entities or bodies established in Russia.
(17) Furthermore, Decision (CFSP) 2022/XXX imposes prohibitions on the provision of accounting, auditing, bookkeeping and tax consulting services, as well as business and management consulting and public relations services to Russia.
(18) In accordance with Annex II of 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 covers the recording of commercial transactions for businesses and others; examination services of accounting records and financial statements; business tax planning and consulting; and preparation of tax documents. Business and management consulting and public relations services covers advisory, guidance and operational assistance services provided to businesses for business policy and strategy and the overall planning, structuring and control of an organisation. Included are 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.
(19) 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 this Regulation.
(20) 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.
(21) Regulation (EU) No 833/2014 should therefore be amended accordingly.