Rozhodnutí Rady (SZBP) 2023/432 ze dne 25. února 2023, kterým se mění rozhodnutí 2014/145/SZBP o omezujících opatřeních vzhledem k činnostem narušujícím nebo ohrožujícím územní celistvost, svrchovanost a nezávislost Ukrajiny

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,

Decision 2014/145/CFSP is amended as follows:

By way of derogation from paragraphs 1 and 2, the competent authorities of the Member States may authorise the release of certain frozen funds or economic resources belonging to the entities listed under entry numbers 198, 199 and 200 under the heading Entities in the Annex, or the making available of certain funds or economic resources to those entities, under such conditions as the competent authorities deem appropriate and after having determined that such funds or economic resources are necessary for the termination by 26 August 2023 of operations, contracts, or other agreements, including correspondent banking relations, concluded with those entities before 25 February 2023 , or, with respect to the entity listed under entry number 198 under the heading Entities in the Annex, for transactions for the disbursement of funds by the Jewish Claims Conference to beneficiaries in the Russian Federation by 26 November 2023 , irrespective of when the operations, contracts or other agreements were concluded. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph within two weeks of granting the authorisation.

By way of derogation from paragraphs 1 and 2, the competent authorities of the Member States may, under such conditions as they deem appropriate, authorise the release of certain frozen funds or economic resources held by the entity listed under entry number 101 under the heading Entities in the Annex, or the making available of certain funds or economic resources to that entity, after having determined that:

(a) such funds or economic resources are necessary for the disposal or the transfer of securities by an entity established in the Union, currently or previously controlled by the entity listed under entry number 82 under the heading Entities in the Annex;

(b) such disposal or transfer is completed by 24 July 2023 ; and,

(c) such disposal or transfer is carried out on the basis of operations, contracts or other agreements concluded with, or otherwise involving, the entity listed under entry number 101 under the heading Entities in the Annex before 3 June 2022 .

By way of derogation from paragraphs 1 and 2, the competent authorities of the Member States may, under such conditions as they deem appropriate, authorise the release of certain frozen funds or economic resources held by the entity listed under entry number 190 under the heading Entities in the Annex, or the making available of certain funds or economic resources to that entity, after having determined that such funds or economic resources are necessary for the termination by 26 August 2023 of operations, contracts or other agreements concluded with, or otherwise involving, that entity before 25 February 2023 .

Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 78, 17.3.2014, p. 16 ).

(1) On 17 March 2014 , the Council adopted Decision 2014/145/CFSPCouncil Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 78, 17.3.2014, p. 16 ). .

(2) The Union remains unwavering in its support for Ukraine’s sovereignty and territorial integrity.

(3) In its conclusions of 9 February 2023 , the European Council reiterated its resolute condemnation of Russia’s war of aggression against Ukraine, which constitutes a manifest violation of the United Nations Charter. The European Council also reiterated that the Union stands ready to continue to reinforce its restrictive measures against Russia.

(4) In view of the gravity of the situation, the Council considers that 87 persons and 34 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) It is also appropriate to extend to three newly-listed banks derogations from the asset freeze and from the prohibition on making funds and economic resources available that were applicable to already-listed banks, and to allow the processing of payments by the Jewish Claims Conference through one of them.

(6) It is also appropriate to allow the release or the making available of certain frozen funds or economic resources necessary for the disposal or the transfer of securities by an entity established in the Union currently or previously controlled by a specific listed entity. Finally, it is appropriate to allow the release or the making available of certain frozen funds or economic resources necessary for the termination of operations, contracts or other agreements with a listed entity, and to extend by three months the deadline for the derogation to allow the sale and transfer of proprietary rights in a legal person, entity or body established in the Union owned by a listed natural or legal person, entity or body.

(7) Further action by the Union is needed in order to implement certain measures.

(8) Decision 2014/145/CFSP should therefore be amended accordingly,

(1) in Article 2:(a) in point (a) of paragraph 10 the date 28 February 2023 is replaced by the date 31 May 2023 ;(b) in paragraph 17, the reference to entry numbers 53, 54, 55, 79, 80, 81, 82, 108, 126 and 127 under the heading Entities in the Annex is replaced by a reference to entry numbers 53, 54, 55, 79, 80, 81, 82, 108, 126, 127, 198, 199 and 200 under the heading Entities in the Annex;(c) the following paragraphs are added:21.By way of derogation from paragraphs 1 and 2, the competent authorities of the Member States may authorise the release of certain frozen funds or economic resources belonging to the entities listed under entry numbers 198, 199 and 200 under the heading Entities in the Annex, or the making available of certain funds or economic resources to those entities, under such conditions as the competent authorities deem appropriate and after having determined that such funds or economic resources are necessary for the termination by 26 August 2023 of operations, contracts, or other agreements, including correspondent banking relations, concluded with those entities before 25 February 2023 , or, with respect to the entity listed under entry number 198 under the heading Entities in the Annex, for transactions for the disbursement of funds by the Jewish Claims Conference to beneficiaries in the Russian Federation by 26 November 2023 , irrespective of when the operations, contracts or other agreements were concluded. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph within two weeks of granting the authorisation. 22.By way of derogation from paragraphs 1 and 2, the competent authorities of the Member States may, under such conditions as they deem appropriate, authorise the release of certain frozen funds or economic resources held by the entity listed under entry number 101 under the heading Entities in the Annex, or the making available of certain funds or economic resources to that entity, after having determined that: (a) such funds or economic resources are necessary for the disposal or the transfer of securities by an entity established in the Union, currently or previously controlled by the entity listed under entry number 82 under the heading Entities in the Annex;(b) such disposal or transfer is completed by 24 July 2023 ; and,(c) such disposal or transfer is carried out on the basis of operations, contracts or other agreements concluded with, or otherwise involving, the entity listed under entry number 101 under the heading Entities in the Annex before 3 June 2022 . 23.By way of derogation from paragraphs 1 and 2, the competent authorities of the Member States may, under such conditions as they deem appropriate, authorise the release of certain frozen funds or economic resources held by the entity listed under entry number 190 under the heading Entities in the Annex, or the making available of certain funds or economic resources to that entity, after having determined that such funds or economic resources are necessary for the termination by 26 August 2023 of operations, contracts or other agreements concluded with, or otherwise involving, that entity before 25 February 2023 . ;

(a) in point (a) of paragraph 10 the date 28 February 2023 is replaced by the date 31 May 2023 ;

(b) in paragraph 17, the reference to entry numbers 53, 54, 55, 79, 80, 81, 82, 108, 126 and 127 under the heading Entities in the Annex is replaced by a reference to entry numbers 53, 54, 55, 79, 80, 81, 82, 108, 126, 127, 198, 199 and 200 under the heading Entities in the Annex;

(c) the following paragraphs are added:21.By way of derogation from paragraphs 1 and 2, the competent authorities of the Member States may authorise the release of certain frozen funds or economic resources belonging to the entities listed under entry numbers 198, 199 and 200 under the heading Entities in the Annex, or the making available of certain funds or economic resources to those entities, under such conditions as the competent authorities deem appropriate and after having determined that such funds or economic resources are necessary for the termination by 26 August 2023 of operations, contracts, or other agreements, including correspondent banking relations, concluded with those entities before 25 February 2023 , or, with respect to the entity listed under entry number 198 under the heading Entities in the Annex, for transactions for the disbursement of funds by the Jewish Claims Conference to beneficiaries in the Russian Federation by 26 November 2023 , irrespective of when the operations, contracts or other agreements were concluded. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph within two weeks of granting the authorisation. 22.By way of derogation from paragraphs 1 and 2, the competent authorities of the Member States may, under such conditions as they deem appropriate, authorise the release of certain frozen funds or economic resources held by the entity listed under entry number 101 under the heading Entities in the Annex, or the making available of certain funds or economic resources to that entity, after having determined that: (a) such funds or economic resources are necessary for the disposal or the transfer of securities by an entity established in the Union, currently or previously controlled by the entity listed under entry number 82 under the heading Entities in the Annex;(b) such disposal or transfer is completed by 24 July 2023 ; and,(c) such disposal or transfer is carried out on the basis of operations, contracts or other agreements concluded with, or otherwise involving, the entity listed under entry number 101 under the heading Entities in the Annex before 3 June 2022 . 23.By way of derogation from paragraphs 1 and 2, the competent authorities of the Member States may, under such conditions as they deem appropriate, authorise the release of certain frozen funds or economic resources held by the entity listed under entry number 190 under the heading Entities in the Annex, or the making available of certain funds or economic resources to that entity, after having determined that such funds or economic resources are necessary for the termination by 26 August 2023 of operations, contracts or other agreements concluded with, or otherwise involving, that entity before 25 February 2023 . ;

(a) such funds or economic resources are necessary for the disposal or the transfer of securities by an entity established in the Union, currently or previously controlled by the entity listed under entry number 82 under the heading Entities in the Annex;

(b) such disposal or transfer is completed by 24 July 2023 ; and,

(c) such disposal or transfer is carried out on the basis of operations, contracts or other agreements concluded with, or otherwise involving, the entity listed under entry number 101 under the heading Entities in the Annex before 3 June 2022 .

(2) the Annex to Decision 2014/145/CFSP is amended in accordance with the Annex to this Decision.

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

Article 1 Article 1

Article 2 Article 2

HAS ADOPTED THIS DECISION: