Council Regulation (EU) 2025/395 of 24 February 2025 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) 2025/394 of 24 February 2025 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 from the High Representative of the Union for Foreign Affairs and Security Policy and 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 Council Decision 2014/512/CFSP (3).
(3) On 24 February 2025 the Council adopted Decision (CFSP) 2025/394, which amends Decision 2014/512/CFSP.
(4) Decision (CFSP) 2025/394 extends the suspension of the broadcasting licences in the Union of Russian media outlets under the permanent control of the Russian leadership, and the prohibition on broadcasting their content.
(5) Russia has engaged in a systematic, international campaign of media manipulation and distortion of facts in order to enhance its strategy of destabilisation of its neighbouring countries and of the Union and its Member States. In particular, the propaganda has repeatedly and consistently targeted European political parties, especially during election periods, as well as civil society, minority communities, refugees, and the functioning of democratic institutions in the Union and its Member States.
(6) In order to justify and support its aggression against Ukraine, Russia has engaged in continuous and concerted propaganda actions targeted at civil society in the Union and neighbouring countries, gravely distorting and manipulating facts. Those propaganda actions by Russia have been channelled through a number of media outlets under the permanent direct or indirect control of the Russian leadership. Such actions constitute a significant and direct threat to the Union’s public order and security. Those media outlets are essential and instrumental in bringing forward and supporting the aggression against Ukraine, and for the destabilisation of its neighbouring countries.
(7) In view of the gravity of the situation, and in response to Russia’s actions destabilising the situation in Ukraine, it is necessary, consistent with the fundamental rights and freedoms recognised in the Charter of Fundamental Rights of the European Union, in particular with the right to freedom of expression and information as recognised in Article 11 thereof, to introduce further restrictive measures to suspend the broadcasting activities of certain media outlets in the Union, or directed at the Union. Those measures should be maintained until the war of aggression against Ukraine is put to an end, and until Russia and those media outlets cease to conduct propaganda actions against the Union and its Member States.
(8) Consistent with the fundamental rights and freedoms recognised in the Charter of Fundamental Rights of the European Union, in particular with the right to freedom of expression and information, the freedom to conduct a business and the right to property as recognised in Articles 11, 16 and 17, respectively, thereof, the introduction of further restrictive measures does not prevent those media outlets and their staff from carrying out activities in the Union other than broadcasting, such as research and interviews. In particular, those restrictive measures do not modify the obligation to respect the rights, freedoms and principles referred to in Article 6 of the Treaty on European Union, including in the Charter of Fundamental Rights of the European Union, and in Member States’ constitutions, within their respective fields of application.
(9) In order to ensure consistency with the process for suspending broadcasting licences provided for in Decision 2014/512/CFSP, the Council should exercise implementing powers to decide, following an examination of the respective cases, whether the restrictive measures are to become applicable, on the date specified in this Regulation, in respect of several entities listed in Annex XV to Regulation (EU) No 833/2014.
(10) Decision (CFSP) 2025/394 strengthens the prohibition on the export of dual-use goods and technology listed in Annex I to Regulation (EU) 2021/821 of the European Parliament and of the Council (4), and of goods and technology which might contribute to the technological enhancement of Russia’s defence and security sector, as listed in Annex VII to Regulation (EU) No 833/2014, to entities on the list of natural or legal persons, entities or bodies set out in Annex IV to Decision 2014/512/CFSP.
(11) Decision (CFSP) 2025/394 adds 53 new entities to the list of natural or legal persons, entities and bodies set out in Annex IV to Decision 2014/512/CFSP, namely the list of persons, entities and bodies 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. Decision (CFSP) 2025/394 also includes on that list certain entities in third countries other than Russia that indirectly contribute to Russia’s military and technological enhancement through the circumvention of export restrictions, including on unmanned aerial vehicles (UAVs) or missiles.
(12) Decision (CFSP) 2025/394 expands the list of items which might contribute to Russia’s military and technological enhancement or to the development of its defence and security sector by listing 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 chemical precursors to riot control agents, software related to computer numerical control (CNC) machines, chromium compounds and controllers used to guide UAVs.
(13) Decision (CFSP) 2025/394 imposes further restrictions on exports of goods which might contribute to the enhancement of Russian industrial capacities, such as chemicals, some plastics and rubber. In order to minimise the risk of circumvention of restrictive measures, Decision (CFSP) 2025/394 further extends the list of goods and technology subject to the prohibition on transit via the territory of Russia.
(14) In order to ensure effective implementation of restrictive measures, Decision (CFSP) 2025/394 clarifies that when relevant provisions of Decision 2014/512/CFSP and of Regulation (EU) No 833/2014 empower competent authorities to authorise the sale and export, and related technical assistance, of information security systems, equipment and components, for non-military use and for a non-military end user, after having determined that such goods or technology or the related technical assistance are intended for a civilian non-publicly available electronic communications network, and provided that that network is not the property of an entity that is publicly controlled or with over 50 % public ownership, such authorisations can be granted in particular to providers of specialised financial messaging services.
(15) Additionally, Decision (CFSP) 2025/394 introduces further restrictions on the import of primary aluminium, which generates significant revenues for Russia, thereby enabling the continuation of its war of aggression against Ukraine. The Commission should monitor the aluminium prices relevant for Union producers and consumers linked to the import restriction and should report to the Council if any major developments occur concerning the aluminium prices relevant for Union producers and consumers linked to the import restriction on primary aluminium, as laid down in Article 3i of Regulation (EU) No 833/2014, and, where appropriate, propose mitigating measures.
(16) Decision (CFSP) 2025/394 amends the derogation from the prohibition on purchasing, importing or transferring certain items which generate significant revenues for Russia and which are necessary for the operation, maintenance or repair of Budapest metro line 3 cars. It also introduces a new targeted derogation from the prohibition on importing certain items that are strictly necessary for the operation of the Druzhba Pipeline.
(17) Decision (CFSP) 2025/394 specifically limits the application of an exemption to the flight ban on manned aircraft by introducing the need for an authorisation by the competent authorities to allow the landing in, taking off from and overflying the territory of the Union for certain drone operations. In order to increase the cost on Russia of its continuing war of aggression against Ukraine, and to ensure the effectiveness of Union restrictive measures which target the aviation sector by addressing the risk of their frustration, Decision (CFSP) 2025/394 also extends the flight ban to listed air carriers operating domestic flights within Russia or selling, supplying, transferring or exporting, directly or indirectly, aircraft or other aviation goods and technology to a Russian air carrier or for flights within Russia, as well as to any entity owned or controlled by such air carrier.
(18) Decision (CFSP) 2025/394 imposes further restriction on exports of goods and technology, in particular software related to oil and gas exploration, in order to further restrict Russia’s oil and gas exploration and production capacities.
(19) Decision (CFSP) 2025/394 provides for a derogation for the sale, supply, transfer or export from Slovakia to Hungary or from Hungary to Slovakia of certain petroleum products as listed in Annex XXXI to Regulation (EU) No 833/2014 which are obtained from crude oil imported by pipeline, in order to ensure security of supply to those landlocked countries.
(20) Russia derives significant revenues from the sale and transport of oil. Decision (CFSP) 2025/394 introduces a prohibition on the provision of temporary storage for Russian crude oil and petroleum products within the Union, irrespective of the purchase price of the oil and of the final destination of those products. Such a prohibition will inflict additional costs on the transport of Russian oil thereby reducing Russian revenues. That prohibition does not affect the scope of other import bans under Regulation (EU) No 833/2014 because temporary storage, as defined in Article 5, point 17, of Regulation (EU) No 952/2013 of the European Parliament and of the Council (5), and placement under the free zone procedure, pursuant to Article 245(3) of Regulation (EU) No 952/2013, are not allowed for goods subject to import bans.
(21) The prohibition on reloading services for the purposes of transshipment operations of Russian liquefied natural gas (LNG) should not affect imports into the Union or the security of supply of Member States. For that reason, Decision (CFSP) 2025/394 clarifies that reloading services for the purposes of transshipment operations of Russian LNG are allowed if necessary for its transport between ports of the same Member State, including from the mainland of a Member State to its outermost regions.
(22) In order to minimise the risk of circumvention of restrictive measures, Decision (CFSP) 2025/394 amends the prohibition on the transport of goods by road within the territory of the Union, including in transit, by operators that are owned for 25 % or more by a Russian natural or legal person. Entities established in the Union before 8 April 2022 and already operating as road transport undertakings should be prohibited from making any changes to their capital structure that would increase the percentage share owned by a Russian natural or legal person, entity or body, unless that percentage share remains below 25 % following such a change.
(23) It is prohibited to provide goods, technology and services for the completion of Russian LNG projects. Decision (CFSP) 2025/394 extends that prohibition to the completion of crude oil projects in Russia, such as the Vostok oil project. That should not affect the purchase and import of Russian crude oil in line with temporary exceptions for specific landlocked Member States.
(24) It is prohibited to import Russian LNG through Union LNG terminals that are not connected to the interconnected natural gas system. Decision (CFSP) 2025/394 introduces a derogation from the prohibition that can be granted by a Member State that is not connected to the interconnected natural gas system when the LNG is purchased, imported or transferred from a terminal located in another Member State that is connected to the interconnected natural gas system in order to ensure its energy supply.
(25) Decision (CFSP) 2025/394 requires imports of rough diamonds to be accompanied by a certificate pursuant to Council Regulation (EC) No 2368/2002 (6) in which the country of mining origin or the countries of mining origin are clearly stated. Decision (CFSP) 2025/394 also postpones the date of entry into force of the requirement to provide traceability-based evidence for imports of polished diamonds. Furthermore, addressing governance issues associated with the traceability system will require ongoing cooperation with the G7 and third countries. In order to further the facilitation of the implementation of those measures and continued engagement with the G7 and third countries, continued monitoring of the level playing field among G7 partners with regard to diamond-related measures should be conducted.
(26) In order to prevent Union operators from contributing to the development of Russia’s infrastructure, Decision (CFSP) 2025/394 introduces a prohibition on the provision of construction services, including civil engineering works.
(27) It is prohibited to sell, supply, transfer, export, or provide, directly or indirectly, software for the management of enterprises and software for industrial design and manufacture to the Government of Russia or to legal persons, entities or bodies established in Russia. Decision (CFSP) 2025/394 clarifies that the sale, license or transfer in any other way of intellectual property rights or trade secrets related to that software is prohibited.
(28) Decision (CFSP) 2025/394 introduces a derogation from the prohibition on the provision of construction, architectural and engineering services, legal advisory services and IT consultancy services where those services are strictly necessary for the functioning of a consular or diplomatic representation of Russia located in a Member State.
(29) In addition, Decision (CFSP) 2025/394 introduces a prohibition on any transaction with ports and locks and airports in Russia that are used for the transfer of UAVs or missiles or related technology or components thereof to Russia, or for the circumvention of the Oil Price Cap by vessels practicing irregular and high-risk shipping practices or of other restrictive measures. That includes access to facilities of the listed ports and locks and airports and the provision of any services to vessels or aircrafts. Appropriate exemptions are provided for to prevent a negative impact on legitimate trade or people-to-people contacts. In addition, the prohibition on such transactions is limited to infrastructure in Russia.
(30) Decision (CFSP) 2025/394 imposes restrictions on legal persons, entities or bodies established outside Russia that use the System for Transfer of Financial Messages of the Central Bank of Russia and that, by such use, (i) increase Russia’s financial resilience and (ii) support the circumvention of the prohibitions in Regulation (EU) No 833/2014 and in Council Regulation (EU) No 269/2014 (7). In addition, Decision (CFSP) 2025/394 introduces a derogation allowing the execution of transactions with a specific entity included in Annex XLIV to Regulation (EU) No 833/2014 that are necessary for the repayment of guarantees granted by a Member State, divestment from Russia or the wind-down of business activities in Russia, or execution of certain contracts.
(31) Decision (CFSP) 2025/394 further extends the transaction ban on credit institutions, financial institutions and entities providing crypto assets services that support transactions in relation to any listed vessel, thus frustrating the prohibition set out in Article 3s of Regulation (EU) No 833/2014, which aims to limit Russia’s ability to wage war against Ukraine. In addition, it imposes restrictions on legal persons, entities and bodies, as listed in Annex XLV to Regulation (EU) No 833/2014, established outside of the Union that are credit or financial institutions or entities providing crypto assets services involved in transactions that facilitate, directly or indirectly, the circumvention of the prohibitions set out in Article 3n of Regulation (EU) No 833/2014.
(32) Decision (CFSP) 2025/394 extends the restrictive measures with regard to the provision of specialised financial messaging services to certain Russian credit institutions or entities subscribing to financial messaging services or Russian subsidiaries of third-country credit institutions, which are relevant for the Russian financial and banking system, and are either large and important regional banks, which consequently facilitate regional and federal finances and business, or banks which facilitate significant cross-border payments, thereby bolstering the Russian economy and its industry, banks which undermine Ukraine territorial integrity by operating in the occupied territories, or banks which are already the subject of restrictive measures imposed by the Union or by partner countries.
(33) Decision (CFSP) 2025/394 adds a derogation for the acceptance of deposits otherwise restricted for operations necessary for the restructuring or liquidation of a legal person associated with an entity listed in Annex I to Regulation (EU) No 269/2014.
(34) In order to facilitate the work of civil society and media, Decision (CFSP) 2025/394 introduces an exemption from the prohibition on the sale, supply, transfer or export to Russia of banknotes denominated in any official currency of a Member State, where it is necessary for use in civil society and media activities that directly promote democracy, human rights or the rule of law in Russia under certain conditions.
(35) Where necessary to combat the circumvention of the prohibitions set out in Regulation (EU) No 833/2014, the Commission should be able to exchange information concerning third-country trade, transactions and operators with the competent authorities of partner countries that apply similar restrictive measures.
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