Commission Implementing Regulation (EU) 2023/251 of 4 February 2023 amending Council Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 833/2014 ¹ concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine, in particular Article 7a,

Whereas:

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

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

• (3) Council Decision (CFSP) 2022/1909 ³ introduced an exemption from the prohibition to provide maritime transport and the prohibition to provide technical assistance, brokering services or financing or financial assistance, related to the maritime transport to third countries of crude oil or petroleum products which originate in or are exported from Russia, purchased at or below a pre-established price cap agreed by the Price Cap Coalition. That exemption should mitigate adverse consequences on energy supply to third countries and reduce price surges driven by extraordinary market conditions, while limiting Russian oil revenues.

• (4) Council Decision (CFSP) 2022/2369 ⁴ introduced the price cap into its Annex XI, that is the price per barrel at or below which crude oil from Russia is exempt from the prohibition to provide maritime transport and the prohibition to provide technical assistance, brokering services or financing or financial assistance, related to the maritime transport to third countries.

• (5) On 4 February 2023, Council Decision (CFSP) 2023/252 ⁵ amended Decision 2014/512/CFSP to introduce two additional price caps on petroleum products into its Annex XI, one for petroleum products traded at a discount to crude oil (‘discount to crude oil’) and a second one for petroleum products traded at a premium to crude (‘premium to crude oil’), that is the price per barrel at or below which petroleum products from Russia are exempt from the prohibition to provide maritime transport and the prohibition to provide technical assistance, brokering services or financing or financial assistance, related to the maritime transport to third countries.

• (6) Annex XXVIII to Regulation (EU) No 833/2014 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex XXVIII to Regulation (EU) No 833/2014 is amended as set out in the Annex to 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, 4 February 2023.

For the Commission

The President

Ursula VON DER LEYEN

ANNEX

Annex XXVIII to Council Regulation (EU) No 833/2014 is amended as follows:

• (1) the following text is deleted:

‘[table with product CN codes and corresponding prices as agreed by the Price Cap Coalition]’

• (2) the following sub-title is added to the table:

‘ Price for crude oil ’

• (3) the following sub-title and table are added:

‘ Prices for petroleum products

CN Code	Description	Premium to crude oil/ Discount to crude oil	Price per barrel (USD)	Date of application
	Petroleum oils and oils obtained from bituminous minerals (other than crude) and preparations not elsewhere specified or included, containing by weight 70  % or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations, other than those containing biodiesel and other than waste oils
2710 12	Light oils and preparations
2710 12 11	For undergoing a specific process	Discount to crude oil	45	5 February 2023
2710 12 15	For undergoing chemical transformation by a process other than those specified in respect of subheading 2710 12 11	Discount to crude oil	45	5 February 2023
	For other purposes Special spirits
2710 12 21	White spirit	Discount to crude oil	45	5 February 2023
2710 12 25	Other	Discount to crude oil	45	5 February 2023
	Other Motor spirit
2710 12 31	Aviation spirit	Premium to crude oil	100	5 February 2023
	Other, with a lead content Not exceeding 0,013  g per litre
2710 12 41	With an octane number (RON) of less than 95	Premium to crude oil	100	5 February 2023
2710 12 45	With an octane number (RON) of 95  or more but less than 98	Premium to crude oil	100	5 February 2023
2710 12 49	With an octane number (RON) of 98  or more	Premium to crude oil	100	5 February 2023
2710 12 50	Exceeding 0,013  g per litre	Premium to crude oil	100	5 February 2023
2710 12 70	Spirit type jet fuel	Premium to crude oil	100	5 February 2023
2710 12 90	Other light oils	Premium to crude oil	100	5 February 2023
2710 19	Other
	Medium oils
2710 19 11	For undergoing a specific process	Premium to crude oil	100	5 February 2023
2710 19 15	For undergoing chemical transformation by a process other than those specified in respect of subheading 2710 19 11	Premium to crude oil	100	5 February 2023
	For other purposes Kerosene
2710 19 21	Jet fuel	Premium to crude oil	100	5 February 2023
2710 19 25	Other	Premium to crude oil	100	5 February 2023
2710 19 29	Other	Premium to crude oil	100	5 February 2023
	Heavy oils Gas oils
2710 19 31	For undergoing a specific process	Premium to crude oil	100	5 February 2023
2710 19 35	For undergoing chemical transformation by a process other than those specified in respect of subheading 2710 19 31	Premium to crude oil	100	5 February 2023
	For other purposes
2710 19 43	With a sulphur content not exceeding 0,001  % by weight	Premium to crude oil	100	5 February 2023
2710 19 46	With a sulphur content exceeding 0,001  % by weight but not exceeding 0,002  % by weight	Premium to crude oil	100	5 February 2023
2710 19 47	With a sulphur content exceeding 0,002  % by weight but not exceeding 0,1  % by weight	Premium to crude oil	100	5 February 2023
2710 19 48	With a sulphur content exceeding 0,1  % by weight	Premium to crude oil	100	5 February 2023
	Fuel oils
2710 19 51	For undergoing a specific process	Discount to crude oil	45	5 February 2023
2710 19 55	For undergoing chemical transformation by a process other than those specified in respect of subheading 2710 19 51	Discount to crude oil	45	5 February 2023
	For other purposes
2710 19 62	With a sulphur content not exceeding 0,1  % by weight	Discount to crude oil	45	5 February 2023
2710 19 66	With a sulphur content exceeding 0,1  % by weight but not exceeding 0,5  % by weight	Discount to crude oil	45	5 February 2023
2710 19 67	With a sulphur content exceeding 0,5  % by weight	Discount to crude oil	45	5 February 2023
	Lubricating oils; other oils
2710 19 71	For undergoing a specific process	Premium to crude oil	100	5 February 2023
2710 19 75	For undergoing chemical transformation by a process other than those specified in respect of subheading 2710 19 71	Discount to crude oil	45	5 February 2023
	For other purposes
2710 19 81	Motor oils, compressor lube oils, turbine lube oils	Discount to crude oil	45	5 February 2023
2710 19 83	Hydraulic oils	Discount to crude oil	45	5 February 2023
2710 19 85	White oils, liquid paraffin	Discount to crude oil	45	5 February 2023
2710 19 87	Gear oils and reductor oils	Discount to crude oil	45	5 February 2023
2710 19 91	Metal-working compounds, mould-release oils, anti-corrosion oils	Discount to crude oil	45	5 February 2023
2710 19 93	Electrical insulating oils	Discount to crude oil	45	5 February 2023
2710 19 99	Other lubricating oils and other oils	Discount to crude oil	45	5 February 2023
2710 20	Petroleum oils and oils obtained from bituminous minerals (other than crude) and preparations not elsewhere specified or included, containing by weight 70  % or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations, containing biodiesel, other than waste oils
	Gas oils
2710 20 11	With a sulphur content not exceeding 0,001  % by weight	Premium to crude oil	100	5 February 2023
2710 20 16	With a sulphur content exceeding 0,001  % by weight but not exceeding 0,1  % by weight	Premium to crude oil	100	5 February 2023
2710 20 19	With a sulphur content exceeding 0,1  % by weight	Premium to crude oil	100	5 February 2023
	Fuel oils
2710 20 32	With a sulphur content not exceeding 0,5  % by weight	Discount to crude oil	45	5 February 2023
2710 20 38	With a sulphur content exceeding 0,5  % by weight	Discount to crude oil	45	5 February 2023
2710 20 90	Other oils	Discount to crude oil	45	5 February 2023
	Waste oils
2710 91	Containing polychlorinated biphenyls (PCBs), polychlorinated terphenyls (PCTs) or polybrominated biphenyls (PBBs)	Discount to crude oil	45	5 February 2023
2710 99	Other	Discount to crude oil	45	5 February 2023’