Council Regulation (EU) 2022/1269 of 21 July 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

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) 2022/1271 of 21 July 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (1),

Having regard to the joint proposal of the High Representative of the Union for Foreign Affairs and Security Policy and of the European Commission,

Whereas:

(1) On 31 July 2014, the Council adopted Regulation (EU) No 833/2014 (2).

(2) Regulation (EU) No 833/2014 gives effect to certain measures provided for in Decision 2014/512/CFSP.

(3) On 21 July 2022, the Council adopted Decision (CFSP) 2022/1271, amending Decision 2014/512/CFSP.

(4) Decision (CFSP) 2022/1271 extends the list of controlled items which might contribute to Russia’s military and technological enhancement or the development of its defence and security sector. It also imposes a prohibition on the direct or indirect import, purchase or transfer of gold, which constitutes Russia’s most significant export after energy. This prohibition applies to Russian-origin gold, exported from Russia after the entry into force of the Regulation.

(5) Decision (CFSP) 2022/1271 extends the port access ban to locks in order to ensure full implementation of the measure and avoid circumvention.

(6) In order to safeguard the technical industrial standard setting process of the International Civil Aviation Organization (ICAO), Decision (CFSP) 2022/1271 allows, the sharing of technical assistance with Russia in relation to aviation goods and technology in this specific framework.

(7) In order to ensure access to justice, Decision (CFSP) 2022/1271 also allows an exemption from the prohibition to enter into any transactions with Russian public entities necessary to ensure access to judicial, administrative or arbitral proceedings.

(8) In order to ensure the correct implementation of the measures set out in Regulation (EU) No 833/2014, it is necessary to clarify the scope of the prohibition on public procurement. Further, it is necessary to harmonise the notification requirements for national competent authorities granting authorisations pursuant to derogations provided for in that Regulation.

(9) Decision CFSP 2022/1271 expands the scope of the prohibition on accepting deposits to include those from legal persons, entities or bodies established in third countries and majority-owned by Russian nationals or natural persons residing in Russia. Additionally, it subjects the acceptance of deposits for non-prohibited cross-border trade to a prior authorisation by the national competent authorities.

(10) Finally, Decision CFSP 2022/1271 makes certain technical corrections in the operative text and certain annexes.

(11) In view of the Union’s determined stance to combat food and energy insecurity around the world, and in order to avoid any potential negative consequences therefor, Decision (CFSP) 2022/1271 extends the exemption from the prohibition to engage in transactions with certain State-owned entities as regards transactions for agricultural products and the supply of oil and petroleum products to third countries.

(12) In more general terms, the Union is committed to avoiding all measures which might lead to food insecurity around the globe. Consequently, none of the measures in this Regulation or any of those adopted earlier in view of Russia’s actions destabilising the situation in Ukraine target in any way the trade in agricultural and food products, including wheat and fertilisers, between third countries and Russia.

(13) Similarly, the Union measures do not prevent third countries and their nationals operating outside of the Union from purchasing pharmaceutical or medical products from Russia.

(14) 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.

(15) Regulation (EU) No 833/2014 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

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

(3) in Article 3b, the following paragraph is added: ‘5.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 4 within two weeks of the authorisation.’;

(4) in Article 3c, the following paragraph is added: ‘9.   The prohibition in paragraph 4 point (a) shall not apply to the exchange of information aimed at establishing technical standards in the framework of the International Civil Aviation Organization in relation to goods and technology referred to in paragraph 1.’;

(6) in Article 3f, the following paragraph is added: ‘5.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 4 within two weeks of the authorisation.’;

(7) in Article 3h, the following paragraph is added: ‘3a.   The prohibition in paragraph 1 shall not apply to goods falling under CN 7113 00 00 and CN 7114 00 00 as listed in Annex XVIII for personal use of natural persons travelling from the European Union or members of their immediate families travelling with them, owned by those individuals and not intended for sale.’;

(13) in Article 5e, paragraph 2 is replaced by the following: ‘2.   Paragraph 1 shall not apply to nationals of a Member State, of a country member of the European Economic Area or of Switzerland, or to natural persons having a temporary or permanent residence permit in a Member State, in a country member of the European Economic Area or in Switzerland.’;

(14) in Article 5j, paragraph 1 is replaced by the following: ‘1.   It shall be prohibited to provide credit rating services to or on any Russian national or natural person residing in Russia or any legal person, entity or body established in Russia.’;

(16) in Article 5m, paragraph 4 is replaced by the following: ‘4.   Paragraphs 1 and 2 shall not apply when the trustor or beneficiary is a national of a Member State or a natural person having a temporary or permanent residence permit in a Member State, in a country member of the European Economic Area, or in Switzerland.’;

(18) in Article 12a, the following paragraphs are added: ‘3.   The competent authorities of the Member States, including enforcement authorities and administrators of official registers where natural persons, legal persons, entities and bodies as well as immovable or movable property are registered, shall process and exchange information including personal data, with other competent authorities of the Member States and the European Commission.

(1)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1)." (2)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).’;"

(19) Annex IV is amended in accordance with Annex I of this Regulation;

(20) Annex VII is amended in accordance with Annex II of this Regulation;

(21) Annex IX is amended in accordance with Annex III of this Regulation;

(22) Annex X is amended in accordance with Annex IV of this Regulation;

(23) Annex XXII is amended in accordance with Annex V of this Regulation;

(24) Annex XXIII is amended in accordance with Annex VI of this Regulation;

(25) Annex XXIV is amended in accordance with Annex VII of this Regulation;

(26) Annex XXVI is added in accordance with Annex VIII of this Regulation;

(27) Annex XXVII is added in accordance with Annex IX of this Regulation.

Article 2

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 July 2022.

For the Council The President M. BEK

(1) OJ L 193, 21.7.2022.

(2) 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).