Council Regulation (EU) 2022/576 of 8 April 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

COUNCIL REGULATION (EU) 2022/576

of 8 April 2022

amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

Article 1

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

(1) in Article 1, the following points are added: ‘(v) “public procurement Directives” means Directives 2014/23/EU (¹), 2014/24/EU (2), 2014/25/EU (³) and 2009/81/EC (4) of the European Parliament and of the Council; (w) “road transport undertaking” means any natural or legal person, entity or body engaged with a commercial purpose in the transport of freight by means of motor vehicles or combinations of vehicles;

(2) in Article 2(4), point (e) is replaced by the following: ‘(e) intended for civilian non-publicly available electronic communications networks which are not the property of an entity that is publicly controlled or with over 50 % public ownership;’;

(3) in Article 2(7), points (i) and (ii) are replaced by the following: ‘(i) the end-user might be a military end-user, a natural or legal person, entity or body in Annex IV or that the goods might have a military end-use, unless the sale, supply, transfer or export of goods and technology referred to in paragraph 1 or the provision of related technical or financial assistance is allowed under paragraph 1(a) of Article 2b; (ii) the sale, supply, transfer or export of goods and technology referred to in paragraph 1 or the provision of related technical or financial assistance is intended for aviation or the space industry, unless such sale, supply, transfer or export or the provision of related technical or financial assistance is allowed under paragraph 4(b); or’;

(4) in Article 2a(4), point (e) is replaced by the following: ‘(e) intended for civilian non-publicly available electronic communications networks which are not the property of an entity that is publicly controlled or with over 50 % public ownership’;

(5) in Article 2a(7), points (i) and (ii) are replaced by the following: ‘(i) the end-user might be a military end-user, a natural or legal person, entity or body in Annex IV or that the goods might have a military end-use, unless the sale, supply, transfer or export of goods and technology referred to in paragraph 1 or the provision of related technical or financial assistance is allowed under paragraph 1 of Article 2b; (ii) the sale, supply, transfer or export of goods and technology referred to in paragraph 1 or the provision of related technical or financial assistance is intended for aviation or the space industry, unless such sale, supply, transfer or export or the provision of related technical or financial assistance is allowed under paragraph 4(b); or’;

(6) in Article 3(3), point (a) is replaced by the following: ‘(a) the transport of natural gas and oil, including refined petroleum products, from or through Russia into the Union; or’;

(7) in Article 3a(2), point (a) is replaced by the following: ‘(a) it is necessary for ensuring critical energy supply within the Union, as well as the transport of natural gas and oil, including refined petroleum products, from or through Russia into the Union; or’;

(8) in Article 3b, paragraph 1 is replaced by the following: ‘1. It shall be prohibited to sell, supply, transfer, or export, directly or indirectly, goods and technology suited for use in oil refining and liquefaction of natural gas, as listed in Annex X, whether or not originating in the Union, to any natural or legal person, entity or body in Russia or for use in Russia.’;

(9) in Article 3c, paragraph 1 is replaced by the following: ‘1. It shall be prohibited to sell, supply, transfer or export, directly or indirectly, goods and technology suited for use in aviation or the space industry, as listed in Annex XI, and jet fuel and fuel additives as listed in Annex XX, whether or not originating in the Union, to any natural or legal person, entity or body in Russia or for use in Russia.’;

(10) in Article 3c, the following paragraphs are added: ‘6. By way of derogation from paragraphs 1 and 4, the national competent authorities may authorise, under such conditions as they deem appropriate, the execution of an aircraft financial lease concluded before 26 February 2022 after having determined that: (a) it is strictly necessary to ensure lease re-payments to a legal person, entity or body incorporated or constituted under the law of a Member State which does not fall under any of the restrictive measures provided for in this Regulation; and (b) no economic resources will be made available to the Russian counterpart, with the exception of the transfer of ownership of the aircraft after full reimbursement of the financial lease.

(11) the following Article is inserted: ‘Article 3ea

(a) a ship falling within the scope of the relevant international conventions; (b) a yacht, of 15 metres in length or more, which does not carry cargo and carrying no more than 12 passengers; or (c) recreational craft or personal watercraft as defined in Directive 2013/53/EU of the European Parliament and of the Council (^*5).

(a) the purchase, import or transport into the Union of natural gas and oil, including refined petroleum products, titanium, aluminium, copper, nickel, palladium and iron ore, as well as certain chemical and iron products as listed in Annex XXIV; (b) the purchase, import or transport of pharmaceutical, medical, agricultural and food products, including wheat and fertilisers whose import, purchase and transport is allowed under this Regulation; (c) humanitarian purposes; (d) transport of nuclear fuel and other goods strictly necessary for the functioning of civil nuclear capabilities; or (e) the purchase, import or transport into the Union of coal and other solid fossil fuels, as listed in Annex XXII until 10 August 2022.

(12) in Article 3h, the following paragraphs are added: ‘4. By way of derogation from paragraph 1, the competent authorities may authorise the transfer or export to Russia of cultural goods which are on loan in the context of formal cultural cooperation with Russia.

(13) the following Articles are inserted: ‘Article 3i

(a) provide technical assistance, brokering services or other services related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly in relation to the prohibition in paragraph 1. (b) provide financing or financial assistance related to the goods and technology referred to in paragraph 1 for any purchase, import or transfer of those goods and technology, or for the provision of related technical assistance, brokering services or other services, directly or indirectly in relation to the prohibition in paragraph 1.

(a) 837 570 metric tonnes of potassium chloride of CN 3104 20 between 10 July of a given year and 9 July of the following year; (b) 1 577 807 metric tonnes combined of the other products listed in Annex XXI under CN 3105 20 , 3105 60 and 3105 90 between 10 July of a given year and 9 July of the following year;

Article 3j

(a) provide technical assistance, brokering services or other services related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly in relation to the prohibition in paragraph 1. (b) provide financing or financial assistance related to the goods and technology referred to in paragraph 1 for any purchase, import or transfer of those goods and technology, or for the provision of related technical assistance, brokering services or other services, directly or indirectly in relation to the prohibition in paragraph 1.

Article 3k

(a) provide technical assistance, brokering services or other services related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Russia or for use in Russia; (b) provide financing or financial assistance related to the goods and technology referred to in paragraph 1 for any sale, supply, transfer or export of those goods and technology, or for the provision of related technical assistance, brokering services or other services, directly or indirectly to any natural or legal person, entity or body in Russia, or for use in Russia.

Article 3l

(a) mail as a universal service; (b) goods in transit though the Union between the Kaliningrad Oblast and Russia, provided that the transport of such goods is not otherwise prohibited under this Regulation.

(a) was already in the territory of the Union on 9 April 2022, or (b) needs to transit through the Union in order to return to Russia.

(a) the purchase, import or transport into the Union of natural gas and oil, including refined petroleum products, as well as titanium, aluminium, copper, nickel, palladium and iron ore; (b) the purchase, import or transport of pharmaceutical, medical, agricultural and food products, including wheat and fertilisers whose import, purchase and transport is allowed under this Regulation; (c) humanitarian purposes; (d) the functioning of diplomatic and consular representations of the Union and of the Member States in Russia, including delegations, embassies and missions, or international organisations in Russia enjoying immunities in accordance with international law; or (e) the transfer or export to Russia of cultural goods which are on loan in the context of formal cultural cooperation with Russia.

(14) in Article 4(1), points (c) and (d) are deleted.

(15) in Article 4, paragraph 2 is replaced by the following: ‘2. The prohibitions in paragraph 1 shall be without prejudice to the assistance for: (a) the import, purchase or transport related to: (i) the provision of spare parts and services necessary for the maintenance and safety of existing capabilities within the Union; or (ii) the execution of contracts concluded before 1 August 2014, or ancillary contracts necessary for the execution of such contracts; or (b) the sale, supply, transfer or export of spare parts and services necessary for the maintenance, repair and safety of existing capabilities within the Union.’;

(16) in Article 5aa (3), point (a) is replaced by the following: ‘(a) transactions which are strictly necessary for the direct or indirect purchase, import or transport of natural gas and oil, including refined petroleum products, as well as titanium, aluminium, copper, nickel, palladium and iron ore from or through Russia into the Union, a country member of the European Economic Area, Switzerland, or the Western Balkans.’;

(17) in Article 5aa(3), the following point is added: ‘(c) transactions for the purchase, import or transport into the Union of coal and other solid fossil fuels, as listed in Annex XXII until 10 August 2022.’;

(18) Article 5b is replaced by the following: ‘Article 5b