Rozhodnutí Rady (SZBP) 2024/1738 ze dne 24. června 2024, 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,

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) In its conclusions of 21 and 22 March 2024 , the European Council reaffirmed the Union’s steadfast support for Ukraine’s independence, sovereignty and territorial integrity within its internationally recognised borders and recognised Ukraine’s inherent right of self-defence against the Russian aggression. The European Council also called for further steps to weaken Russia’s ability to continue waging its war of aggression, including by strengthening the 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 69 persons and 47 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 appropriate to introduce a derogation allowing the release of funds that were frozen due to the involvement of a listed intermediary bank in their transfer, under the conditions that the transfer is between two non-listed natural or legal persons, entities or bodies and is carried out using accounts at non-listed credit institutions. Additionally, it is appropriate to introduce a derogation allowing the release of funds that were frozen due to the involvement of a listed issuing bank in their transfer, under the condition that the transfer is between two non-listed natural or legal persons, entities or bodies.

(6) In line with the Union’s common foreign and security policy objectives of preserving peace, reinforcing international security and promoting international cooperation, democracy and the rule of law, and more specifically the objectives pursued by Decision 2014/145/CFSP, it is appropriate to ensure that the documents held by the Council, the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy (the High Representative) concerning the enforcement of the restrictive measures set out in that Decision or in Council Regulation (EU) No 269/2014Council Regulation (EU) No 269/2014 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. 6 ). , or concerning the prevention of the violation or circumvention of those measures, are subject to professional secrecy and enjoy the protection afforded by the rules applicable to the Union institutions, since information contained in those documents could be used to obstruct the enforcement of those measures or to compromise their effectiveness, given that the persons and entities concerned could act in such a way as to prevent their enforcement. That protection should also be ensured for proposals from the High Representative for the amendment of Decision 2014/145/CFSP and any related preparatory documents, as their disclosure might affect the effectiveness of the measures set out in that Decision or in Regulation (EU) No 269/2014 and the preparation of, and negotiation on the basis of, future proposals. Certain measures which are included in such proposals, and which cannot be adopted by the Council for various reasons, are often included by the High Representative and the Commission in subsequent proposals. It is important to protect that power of initiative from any influence exerted by public or private interests that attempt, outside of organised consultations, to compel the Union institutions and Union services to propose, adopt, amend or agree on an amendment. Their disclosure could render the possible new asset freeze measures ineffective due to the fact that their intended adoption would have already been revealed. Thus, it should be presumed that disclosure of those documents would harm the security of the Union or that of one or more of its Member States or the conduct of their international relations.

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

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

Council Regulation (EU) No 269/2014 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. 6 ).

Article 2 Article 2

Article 4a Article 4a 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 apply to the proposals from the High Representative for the amendment of this Decision and to any preparatory documents related to them. 2.It shall be presumed that the disclosure of any documents or proposals referred to in paragraph 1 would harm the security of the Union or that of one or more of its Member States or the conduct of their international relations.

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 apply to the proposals from the High Representative for the amendment of this Decision and to any preparatory documents related to them.

It shall be presumed that the disclosure of any documents or proposals referred to in paragraph 1 would harm the security of the Union or that of one or more of its Member States or the conduct of their international relations.

HAS ADOPTED THIS DECISION: