Nařízení Rady (EU) 2023/2878 ze dne 18. prosince 2023, kterým se mění nařízení (EU) č. 833/2014 o omezujících opatřeních vzhledem k činnostem Ruska destabilizujícím situaci na Ukrajině
- Identifier:
- 32023R2878
- Status:
- effective
- Text language:
- en
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,
Having regard to Council Decision (CFSP) 2023/2874 of 18 December 2023 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in UkraineOJ L, 2023/2874, 18.12.2023, ELI: http://data.europa.eu/eli/dec/2023/2874/oj. ,
Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,
OJ L, 2023/2874, 18.12.2023, ELI: http://data.europa.eu/eli/dec/2023/2874/oj.
(1) On 31 July 2014 , the Council adopted Regulation (EU) No 833/2014Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 229, 31.7.2014, p. 1 ). , concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine.
(2) Regulation (EU) No 833/2014 gives effect to certain measures provided for in Council Decision 2014/512/CFSPCouncil Decision 2014/512/CFSP of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 229, 31.7.2014, p. 13 ). .
(3) On 18 December 2023 , the Council adopted Decision (CFSP) 2023/2874, amending Decision 2014/512/CFSP.
(4) Decision (CFSP) 2023/2874 adds 29 new entities to the list of legal persons, entities and bodies set out in Annex IV to Decision 2014/512/CFSP, namely the list of persons, entities and bodies directly supporting Russia’s military and industrial complex in its war of aggression against Ukraine, on which 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. In addition, in view of the key enabling role of electronic components for use by Russia’s military and industrial complex in supporting the war of aggression against Ukraine, Decision (CFSP) 2023/2874 also includes on that list certain entities in third countries other than Russia involved in the circumvention of trade restrictions, as well as certain Russian entities involved in the development, production and supply of electronic components for Russia’s military and industrial complex.
(5) Decision (CFSP) 2023/2874 expands the list of items which contribute to Russia’s military and technological enhancement or to the development of its defence and security sector by adding items which have been used by Russia in its war of aggression against Ukraine and items which contribute to the development or production of its military systems, including chemicals, lithium batteries, thermostats, DC motors and servomotors for unmanned aerial vehicles, machine tools and machinery parts.
(6) Decision (CFSP) 2023/2874 introduces a list of partner countries which apply a set of restrictive measures on imports of iron and steel and a set of import control measures that are substantially equivalent to those in Regulation (EU) No 833/2014. It also extends certain wind-down periods for the import of specific steel products.
(7) Decision (CFSP) 2023/2874 imposes further restrictions on exports of goods which could contribute in particular to the enhancement of Russian industrial capacities. Furthermore, in order to minimise the risk of circumvention of the restrictive measures, Decision (CFSP) 2023/2874 prohibits the transit via the territory of Russia of certain goods and technology which could contribute in particular to the enhancement of Russian industrial capacities, exported from the Union.
(8) Additionally, Decision (CFSP) 2023/2874 introduces further restrictions on imports of goods which generate significant revenues for Russia, thereby enabling the continuation of its war of aggression against Ukraine, such as liquefied propane gas, pig iron and spiegeleisen, copper wires, aluminium wires, foil, tubes and pipes. Certain exceptions and transitional periods are provided for.
(9) In addition, Decision (CFSP) 2023/2874 permits Member States to allow the entry into the Union of personal effects which do not pose significant circumvention concerns, such as personal hygiene items, or clothing worn by travellers or contained in their luggage, and which are clearly intended for their or their family members’ strict personal use. It also provides for an exemption for cars that have a diplomatic vehicle registration plate to enter the Union and, in order to facilitate the entry into the Union of Union citizens living in Russia, permits Member States to authorise, under such conditions as they deem appropriate, the entry of cars of Union citizens or their immediate family members who are resident in Russia and are travelling into the Union, provided that the cars are not for sale and are driven for strict personal use. The situation of cars from Russia which are already in the territory of the Union may be regularised by Member States.
(10) Decision (CFSP) 2023/2874 introduces a derogation enabling the granting of loans or credits to entities operating in the Russian energy sector which are subject to the transaction ban provided for in Regulation (EU) No 833/2014, under the conditions provided for therein.
(11) Decision (CFSP) 2023/2874 imposes a prohibition on the direct or indirect import, purchase or transfer of diamonds from Russia. That prohibition applies to diamonds originating in Russia, diamonds exported from Russia, diamonds transiting Russia and Russian diamonds when processed in third countries other than Russia.
(12) The prohibition applies to non-industrial natural and synthetic diamonds, as well as diamond jewellery, as of 1 January 2024 , and includes a progressive phasing-in, from 1 March 2024 until 1 September 2024 , of an indirect import ban on Russian diamonds when processed in third countries other than Russia, including jewellery incorporating diamonds originating in Russia. The phasing-in of indirect import bans takes into consideration the need to deploy an appropriate traceability mechanism that enables effective enforcement measures and minimises disruptions for market players.
(13) The ban on Russian diamonds is part of a G7 effort to develop an internationally coordinated diamond ban that aims at depriving Russia of such an important source of revenue. For the ban to effectively deprive Russia of revenues from diamond mining, action needs to be taken together with simultaneous action in other major markets for diamonds, including restricting imports of Russian diamonds that have been processed in third countries other than Russia.
(14) Decision (CFSP) 2023/2874 prolongs by an additional year specific derogations from the prohibition on imports from Russia of crude oil and petroleum products in order to ensure the security of supply of certain Member States.
(15) The price cap mechanism relies on an attestation process that enables operators in the supply chain of seaborne Russian oil to demonstrate that it has been purchased at or below the price cap agreed by the Price Cap Coalition. In order to further support the implementation of, and compliance with, that mechanism, while increasing barriers to the falsification of attestations, Decision (CFSP) 2023/2874 introduces a requirement that itemised price information for ancillary costs, such as insurance and freight, be shared upon request throughout the supply chain of Russian oil trade. In accordance with the Price Cap Coalition tier system for attestations that modulates actors’ compliance obligations on the basis of their access to the purchase price for Russian crude or petroleum products, the itemised price information is to be shared by those actors with access to that information, such as traders and charterers. Actors down the supply chain, such as shipowners and insurers, should be able to collect as part of their due diligence procedures, and share, the itemised cost information provided by actors closer to the origin of such information. Competent authorities can request that information from any actor, regardless of their place in the supply chain, at any time, in order to verify compliance with the price cap mechanism. An appropriate transitional
(16) Decision (CFSP) 2023/2874 also provides that the implementation and enforcement of the price cap mechanism should be further supported by information sharing between the Commission, with the support of the European Maritime Safety Agency, and Member States to identify vessels and entities carrying out one or more deceptive practices, such as ship-to-ship transfers used to conceal the origin or destination of cargo and manipulations of the automatic identification system, while transporting Russian crude oil or petroleum products. Such information could support enforcement actions by Member States.
(17) In order to introduce transparency into the sale of tankers, in particular second-hand carriers, that could be used to evade the import ban on Russian crude oil or petroleum products and the price cap agreed by the Price Cap Coalition, Decision (CFSP) 2023/2874 provides for a notification obligation for the sale of tankers to any third country and a derogation from the prohibition on the sale of tankers to Russian persons and entities, or for use in Russia. This obligation applies to the owner of a tanker who is a national of a Member State, to a natural person residing in a Member State, and to a legal person, entity or body which is established in the Union. The owner, or anyone acting on his or her behalf, should notify the competent authorities of any such sale concluded since 5 December 2022 and provide all the necessary details.
(18) The price cap mechanism provides that specific projects that are essential for the energy security of certain third countries may be exempted from the price cap agreed by the Price Cap Coalition. Decision (CFSP) 2023/2874 extends the exemption provided for in relation to the Sakhalin-2 (Сахалин-2) Project, located in Russia, until 28 June 2024 to ensure Japan’s energy security needs.
(19) Decision (CFSP) 2023/2874 further seeks to limit circumvention of the prohibition on the provision of crypto-asset wallet, account or custody services to Russian persons and residents by including a ban on Russian nationals or natural persons residing in Russia from owning or controlling, or holding any posts on the governing bodies of, the legal persons, entities or bodies providing such services.
(20) Additionally, Decision (CFSP) 2023/2874 extends the existing prohibition on the provision of services to also include the provision of software for the management of enterprises and software for industrial design and manufacture, subject to appropriate exemptions and derogations.
(21) In view of the importance of the Paks II project for the interests of Hungary in relation to security of energy supply, Decision (CFSP) 2023/2874 also clarifies that the exemptions and derogations in this Regulation concerning civil nuclear projects are fully applicable to all goods and services needed for that project.
(22) Decision (CFSP) 2023/2874 also imposes certain reporting requirements for the transfer of funds out of the Union made by entities established in the Union, including Special Purpose Entities, whose proprietary rights are owned by entities established in Russia, by Russian nationals or by natural persons residing in Russia.
(23) Moreover, Decision (CFSP) 2023/2874 requires that exporters contractually prohibit re-exportation to Russia and re-exportation for use in Russia of sensitive goods and technology as listed in Annexes XI, XX and XXXV to Regulation (EU) No 833/2014, common high priority items, or firearms and ammunition as listed in Annex I to Regulation (EU) No 258/2012.
(24) Finally, Decision (CFSP) 2023/2874 makes certain technical amendments, including by replacing exemptions from certain prohibitions by derogations, by adding exemptions for personal use, by providing for notification obligations, by adding references that are missing in some articles but which were included in analogous articles, and by deleting references to transitional periods which have expired and other references that are not necessary for complying with the purpose of a particular provision. The deletion of references to transition periods which have already expired is not intended to have any legal effects on past or ongoing contracts or on the applicability of those
(25) These measures fall within the scope of the Treaty on the Functioning of the European Union 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.
(26) Regulation (EU) No 833/2014 should therefore be amended accordingly,
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union .
Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 229, 31.7.2014, p. 1 ).
Article 2 Article 2
Article 3na Article 3na
Article 3p Article 3p 1.It shall be prohibited, as of 1 January 2024 , to purchase, import, or transfer, directly or indirectly, diamonds and products incorporating diamonds, as listed in Parts A, B and C of Annex XXXVIIIA, if they originate in Russia or have been exported from Russia into the Union or to any third country. 2.It shall be prohibited, as of 1 January 2024 , to purchase, import, or transfer, directly or indirectly, diamonds and products incorporating diamonds, as listed in Parts A, B and C of Annex XXXVIIIA, of any origin, if they transited via the territory of Russia. 3.It shall be prohibited, as of 1 March 2024 , to purchase, import, or transfer, directly or indirectly, products listed in Part A of Annex XXXVIIIA, when processed in a third country, consisting of diamonds originating in Russia or exported from Russia with a weight equal to or above 1.0 carats per diamond. 4.It shall be prohibited, as of 1 September 2024 , to purchase, import, or transfer, directly or indirectly, products listed in Parts A, B and C of Annex XXXVIIIA, when processed in a third country, consisting of or incorporating diamonds originating in Russia or exported from Russia with a weight equal to or above 0.5 carats or 0.1 grams per diamond. 5.It shall be prohibited to: (a) provide technical assistance, brokering services or other services related to the goods referred to in paragraphs 1 to 4, and to the provision, manufacture, maintenance and use of those goods, directly or indirectly in relation to the prohibitions in paragraphs 1 to 4;(b) provide financing or financial assistance related to the goods referred to in paragraphs 1 to 4 for any purchase, import or transfer of those goods, or for the provision of related technical assistance, brokering services or other services, directly or indirectly in relation to the prohibitions in paragraphs 1 to 4. 6.The prohibitions in paragraphs 1 to 4 shall not apply to goods listed in Part C of Annex XXXVIIIA for the personal use of natural persons travelling to the Union or of their immediate family members travelling with them, owned by those individuals and not intended for sale. 7.By way of derogation from paragraphs 1 to 4, the competent authorities may authorise the transfer or import of cultural goods which are on loan in the context of formal cultural cooperation with Russia. 8.For the purposes of paragraphs 3 and 4, goods falling under CN codes 71023100 and 71021000 that are imported into the Union shall be submitted for verification without delay, together with documentation certifying their origin, to the authority specified in Annex XXXVIIIB. The Member State where those goods are brought into the customs territory of the Union shall ensure their submission to the authority specified in Annex XXXVIIIB. Customs transit may be granted to that effect. If such customs transit is granted, the verification provided for in this paragraph shall be suspended until the arrival of those goods at the authority specified in Annex XXXVIIIB. The importer shall be responsible for the proper movement of those goods and the costs of such movement. 9.All verifications required under paragraph 8 shall be carried out in accordance with the rules and procedures laid down in Council Regulation (EC) No 2368/2002Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds (OJ L 358, 31.12.2002, p. 28 ).; , which shall apply mutatis mutandis . 10.For the purposes of paragraphs 3 and 4, at the moment of importation, importers shall provide evidence of the country of origin of the diamonds or products incorporating diamonds used as inputs for the processing of the product in a third country. As of 1 September 2024 , the traceability-based evidence shall include a corresponding certificate certifying that the diamonds are not mined, processed or produced in Russia.
Article 3q Article 3q 1.It shall be prohibited for any national of a Member State, natural person residing in a Member State, and legal person, entity or body which is established in the Union to sell, or otherwise transfer ownership, directly or indirectly, of tankers for the transport of crude oil or petroleum products listed in Annex XXV, falling under HS code ex890120, whether or not originating in the Union, to any natural or legal person, entity or body in Russia or for use in Russia. 2.By way of derogation from paragraph 1, the competent authorities may authorise, under the conditions they deem appropriate, the sale or other transfer of ownership of tankers for the transport of crude oil or petroleum products listed in Annex XXV, falling under HS code ex890120. 3.When deciding on requests for the authorisation referred to in paragraph 2 of this Article, the competent authorities shall not grant an authorisation for a sale or other transfer of ownership to any natural or legal person, entity or body in Russia or for use in Russia, if they have reasonable grounds to believe that the tanker would be used to transport, or be re-exported to transport, crude oil or petroleum products listed in Annex XXV, originating in Russia or exported from Russia for import into the Union in breach of Article 3m or for transport to third countries at a purchase price per barrel exceeding the price laid down in Annex XXVIII. 4.Any sale or other arrangement entailing a transfer of ownership by a national of a Member State, a natural person residing in a Member State, and a legal person, entity or body which is established in the Union to any third country of tankers for the transport of crude oil or petroleum products listed in Annex XXV, falling under HS code ex890120, with the exception of a sale or other transfer of ownership prohibited under paragraph 1, shall be notified immediately to the competent authorities of the Member State where the owner of the tanker is a citizen, a resident or is established. The notification to the competent authority shall contain at least, the following information: the identities of the seller and the purchaser, and where applicable the incorporation documents of the seller and the purchaser including the shareholding and management; the IMO ship identification number of the tanker; and the Call Sign of the tanker. 5.Any sale or other transfer of ownership of tankers as referred to in paragraphs 1 and 4 after 5 December 2022 and prior to 19 December 2023 shall be notified to the competent authorities before 20 February 2024 . 6.The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 2, and of any notification under paragraphs 4 and 5, within two weeks of the authorisation or notification.
Article 5r Article 5r 1.Legal persons, entities and bodies established in the Union whose proprietary rights are directly or indirectly owned for more than 40 % by: (a) a legal person, entity or body established in Russia;(b) a Russian national; or(c) a natural person residing in Russia,shall, as of 1 May 2024 , report to the competent authority of the Member State where they are established, within two weeks of the end of each quarter, any transfer of funds exceeding 100000 EUR out of the Union that they made during that quarter, directly or indirectly, in one or several operations. 2.Notwithstanding the applicable rules concerning reporting, confidentiality and professional secrecy, credit and financial institutions shall, as of 1 July 2024 , report to the competent authority of the Member State where they are located, within two weeks of the end of each semester, information on all transfers of funds out of the Union of a cumulative amount, over that semester, exceeding 100000 EUR that they initiated, directly or indirectly, for the legal persons, entities and bodies referred to in paragraph 1. 3.Member States shall assess the information received in accordance with paragraphs 1 and 2 to identify transactions, entities and business sectors that indicate a serious risk of breaches or circumvention of, or use of funds for purposes incompatible with, this Regulation or Council Regulations (EU) No 269/2014, (EU) No 692/2014Council Regulation (EU) No 692/2014 of 23 June 2014 concerning restrictive measures in response to the illegal annexation of Crimea and Sevastopol (OJ L 183, 24.6.2014, p. 9 ). or (EU) 2022/263Council Regulation (EU) 2022/263 of 23 February 2022 concerning restrictive measures in response to the illegal recognition, occupation or annexation by the Russian Federation of certain non-government controlled areas of Ukraine (OJ L 42 I, 23.2.2022, p. 77 ). , or Council Decisions 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 ). , 2014/386/CFSPCouncil Decision 2014/386/CFSP of 23 June 2014 concerning restrictive measures in response to the illegal annexation of Crimea and Sevastopol (OJ L 183, 24.6.2014, p. 70 ). , 2014/512/CFSP or (CFSP) 2022/266Council Decision (CFSP) 2022/266 of 23 February 2022 concerning restrictive measures in response to the illegal recognition, occupation or annexation by the Russian Federation of certain non-government controlled areas of Ukraine (OJ L 42 I, 23.2.2022, p. 109 ).; , and shall regularly inform each other and the Commission of their findings. 4.Based on the information received from the Member States under paragraph 3, the Commission shall review the functioning of the measures provided for in this Article no later than 20 December 2024 .
Article 12d Article 12d
Article 12g Article 12g 1.When selling, supplying, transferring or exporting to a third country, with the exception of partner countries listed in Annex VIII to this Regulation, goods or technology as listed in Annexes XI, XX and XXXV to this Regulation, common high priority items as listed in Annex XL to this Regulation, or firearms and ammunition as listed in Annex I to Regulation (EU) No 258/2012, exporters shall, as of 20 March 2024 , contractually prohibit re-exportation to Russia and re-exportation for use in Russia. 2.Paragraph 1 shall not apply to the execution of contracts concluded before 19 December 2023 until 20 December 2024 or until their expiry date, whichever is earlier. 3.In application of paragraph 1, exporters shall ensure that the agreement with the third-country counterpart contains adequate remedies in the event of a breach of a contractual obligation concluded in accordance with paragraph 1. 4.If the third-country counterpart breaches any of the contractual obligations concluded in accordance with paragraph 1, exporters shall inform the competent authority of the Member State where they are resident or established as soon as they become aware of the breach. 5.Member States shall inform each other and the Commission of detected instances of a breach or circumvention of a contractual obligation concluded in accordance with paragraph 1.
To facilitate the implementation and enforcement of Articles 3m and 3n, the Commission and Member States shall periodically share information with each other with a view to further identify vessels and entities of concern carrying out one or more deceptive practices while transporting Russian crude oil and petroleum products.
Information received in accordance with this Article shall be used only for the purpose for which it was requested.
Council Decision 2014/512/CFSP of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 229, 31.7.2014, p. 13 ).
It shall be prohibited, as of 1 January 2024 , to purchase, import, or transfer, directly or indirectly, diamonds and products incorporating diamonds, as listed in Parts A, B and C of Annex XXXVIIIA, if they originate in Russia or have been exported from Russia into the Union or to any third country.
It shall be prohibited, as of 1 January 2024 , to purchase, import, or transfer, directly or indirectly, diamonds and products incorporating diamonds, as listed in Parts A, B and C of Annex XXXVIIIA, of any origin, if they transited via the territory of Russia.
It shall be prohibited, as of 1 March 2024 , to purchase, import, or transfer, directly or indirectly, products listed in Part A of Annex XXXVIIIA, when processed in a third country, consisting of diamonds originating in Russia or exported from Russia with a weight equal to or above 1.0 carats per diamond.
It shall be prohibited, as of 1 September 2024 , to purchase, import, or transfer, directly or indirectly, products listed in Parts A, B and C of Annex XXXVIIIA, when processed in a third country, consisting of or incorporating diamonds originating in Russia or exported from Russia with a weight equal to or above 0.5 carats or 0.1 grams per diamond.
It shall be prohibited to:
(a) provide technical assistance, brokering services or other services related to the goods referred to in paragraphs 1 to 4, and to the provision, manufacture, maintenance and use of those goods, directly or indirectly in relation to the prohibitions in paragraphs 1 to 4;
(b) provide financing or financial assistance related to the goods referred to in paragraphs 1 to 4 for any purchase, import or transfer of those goods, or for the provision of related technical assistance, brokering services or other services, directly or indirectly in relation to the prohibitions in paragraphs 1 to 4.
The prohibitions in paragraphs 1 to 4 shall not apply to goods listed in Part C of Annex XXXVIIIA for the personal use of natural persons travelling to the Union or of their immediate family members travelling with them, owned by those individuals and not intended for sale.
By way of derogation from paragraphs 1 to 4, the competent authorities may authorise the transfer or import of cultural goods which are on loan in the context of formal cultural cooperation with Russia.
For the purposes of paragraphs 3 and 4, goods falling under CN codes 71023100 and 71021000 that are imported into the Union shall be submitted for verification without delay, together with documentation certifying their origin, to the authority specified in Annex XXXVIIIB. The Member State where those goods are brought into the customs territory of the Union shall ensure their submission to the authority specified in Annex XXXVIIIB. Customs transit may be granted to that effect. If such customs transit is granted, the verification provided for in this paragraph shall be suspended until the arrival of those goods at the authority specified in Annex XXXVIIIB. The importer shall be responsible for the proper movement of those goods and the costs of such movement.
All verifications required under paragraph 8 shall be carried out in accordance with the rules and procedures laid down in Council Regulation (EC) No 2368/2002Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds (OJ L 358, 31.12.2002, p. 28 ).; , which shall apply mutatis mutandis .
For the purposes of paragraphs 3 and 4, at the moment of importation, importers shall provide evidence of the country of origin of the diamonds or products incorporating diamonds used as inputs for the processing of the product in a third country.
As of 1 September 2024 , the traceability-based evidence shall include a corresponding certificate certifying that the diamonds are not mined, processed or produced in Russia.
Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds (OJ L 358, 31.12.2002, p. 28 ).;
It shall be prohibited for any national of a Member State, natural person residing in a Member State, and legal person, entity or body which is established in the Union to sell, or otherwise transfer ownership, directly or indirectly, of tankers for the transport of crude oil or petroleum products listed in Annex XXV, falling under HS code ex890120, whether or not originating in the Union, to any natural or legal person, entity or body in Russia or for use in Russia.
By way of derogation from paragraph 1, the competent authorities may authorise, under the conditions they deem appropriate, the sale or other transfer of ownership of tankers for the transport of crude oil or petroleum products listed in Annex XXV, falling under HS code ex890120.
When deciding on requests for the authorisation referred to in paragraph 2 of this Article, the competent authorities shall not grant an authorisation for a sale or other transfer of ownership to any natural or legal person, entity or body in Russia or for use in Russia, if they have reasonable grounds to believe that the tanker would be used to transport, or be re-exported to transport, crude oil or petroleum products listed in Annex XXV, originating in Russia or exported from Russia for import into the Union in breach of Article 3m or for transport to third countries at a purchase price per barrel exceeding the price laid down in Annex XXVIII.
Any sale or other arrangement entailing a transfer of ownership by a national of a Member State, a natural person residing in a Member State, and a legal person, entity or body which is established in the Union to any third country of tankers for the transport of crude oil or petroleum products listed in Annex XXV, falling under HS code ex890120, with the exception of a sale or other transfer of ownership prohibited under paragraph 1, shall be notified immediately to the competent authorities of the Member State where the owner of the tanker is a citizen, a resident or is established.
The notification to the competent authority shall contain at least, the following information: the identities of the seller and the purchaser, and where applicable the incorporation documents of the seller and the purchaser including the shareholding and management; the IMO ship identification number of the tanker; and the Call Sign of the tanker.
Any sale or other transfer of ownership of tankers as referred to in paragraphs 1 and 4 after 5 December 2022 and prior to 19 December 2023 shall be notified to the competent authorities before 20 February 2024 .
The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 2, and of any notification under paragraphs 4 and 5, within two weeks of the authorisation or notification.
Council Regulation (EU) No 692/2014 of 23 June 2014 concerning restrictive measures in response to the illegal annexation of Crimea and Sevastopol (OJ L 183, 24.6.2014, p. 9 ).
Legal persons, entities and bodies established in the Union whose proprietary rights are directly or indirectly owned for more than 40 % by:
(a) a legal person, entity or body established in Russia;
(b) a Russian national; or
(c) a natural person residing in Russia,shall, as of 1 May 2024 , report to the competent authority of the Member State where they are established, within two weeks of the end of each quarter, any transfer of funds exceeding 100000 EUR out of the Union that they made during that quarter, directly or indirectly, in one or several operations.
Notwithstanding the applicable rules concerning reporting, confidentiality and professional secrecy, credit and financial institutions shall, as of 1 July 2024 , report to the competent authority of the Member State where they are located, within two weeks of the end of each semester, information on all transfers of funds out of the Union of a cumulative amount, over that semester, exceeding 100000 EUR that they initiated, directly or indirectly, for the legal persons, entities and bodies referred to in paragraph 1.
Member States shall assess the information received in accordance with paragraphs 1 and 2 to identify transactions, entities and business sectors that indicate a serious risk of breaches or circumvention of, or use of funds for purposes incompatible with, this Regulation or Council Regulations (EU) No 269/2014, (EU) No 692/2014Council Regulation (EU) No 692/2014 of 23 June 2014 concerning restrictive measures in response to the illegal annexation of Crimea and Sevastopol (OJ L 183, 24.6.2014, p. 9 ). or (EU) 2022/263Council Regulation (EU) 2022/263 of 23 February 2022 concerning restrictive measures in response to the illegal recognition, occupation or annexation by the Russian Federation of certain non-government controlled areas of Ukraine (OJ L 42 I, 23.2.2022, p. 77 ). , or Council Decisions 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 ). , 2014/386/CFSPCouncil Decision 2014/386/CFSP of 23 June 2014 concerning restrictive measures in response to the illegal annexation of Crimea and Sevastopol (OJ L 183, 24.6.2014, p. 70 ). , 2014/512/CFSP or (CFSP) 2022/266Council Decision (CFSP) 2022/266 of 23 February 2022 concerning restrictive measures in response to the illegal recognition, occupation or annexation by the Russian Federation of certain non-government controlled areas of Ukraine (OJ L 42 I, 23.2.2022, p. 109 ).; , and shall regularly inform each other and the Commission of their findings.
Based on the information received from the Member States under paragraph 3, the Commission shall review the functioning of the measures provided for in this Article no later than 20 December 2024 .
Council Regulation (EU) 2022/263 of 23 February 2022 concerning restrictive measures in response to the illegal recognition, occupation or annexation by the Russian Federation of certain non-government controlled areas of Ukraine (OJ L 42 I, 23.2.2022, p. 77 ).
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 ).
Council Decision 2014/386/CFSP of 23 June 2014 concerning restrictive measures in response to the illegal annexation of Crimea and Sevastopol (OJ L 183, 24.6.2014, p. 70 ).
Council Decision (CFSP) 2022/266 of 23 February 2022 concerning restrictive measures in response to the illegal recognition, occupation or annexation by the Russian Federation of certain non-government controlled areas of Ukraine (OJ L 42 I, 23.2.2022, p. 109 ).;
The prohibitions laid down in this Regulation shall not apply to the provision of pilot services which are necessary for reasons of maritime safety.
When selling, supplying, transferring or exporting to a third country, with the exception of partner countries listed in Annex VIII to this Regulation, goods or technology as listed in Annexes XI, XX and XXXV to this Regulation, common high priority items as listed in Annex XL to this Regulation, or firearms and ammunition as listed in Annex I to Regulation (EU) No 258/2012, exporters shall, as of 20 March 2024 , contractually prohibit re-exportation to Russia and re-exportation for use in Russia.
Paragraph 1 shall not apply to the execution of contracts concluded before 19 December 2023 until 20 December 2024 or until their expiry date, whichever is earlier.
In application of paragraph 1, exporters shall ensure that the agreement with the third-country counterpart contains adequate remedies in the event of a breach of a contractual obligation concluded in accordance with paragraph 1.
If the third-country counterpart breaches any of the contractual obligations concluded in accordance with paragraph 1, exporters shall inform the competent authority of the Member State where they are resident or established as soon as they become aware of the breach.
Member States shall inform each other and the Commission of detected instances of a breach or circumvention of a contractual obligation concluded in accordance with paragraph 1.
HAS ADOPTED THIS REGULATION: