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Council Decision (CFSP) 2022/884 of 3 June 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine
Article 1

Article 1

Decision 2014/512/CFSP is amended as follows:

  1. Article 1aa is amended as follows:
    1. the following paragraph is inserted:

      1. The prohibition in paragraph 1 shall not apply to the reception of payments due by the legal persons, entities or bodies referred to therein pursuant to contracts performed before 15 May 2022.;
    2. in paragraph 3, point (a) is replaced by the following:

      1. unless prohibited under Article 4o or 4p, 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;;
    3. in paragraph 3, the following points are added:

      1. transactions, including sales, which are strictly necessary for the wind-down, by 5 September 2022, of a joint venture or similar legal arrangement concluded before 16 March 2022, involving a legal person, entity or body referred to in paragraph 1;
      2. transactions related to the provision of electronic communication services, data center services and the provision of services and equipment necessary for their operation, maintenance, security, including the provision of firewalls, and call center services, to a legal person, entity or body listed in Annex X.;
  2. in Article 1b, paragraph 5 is replaced by the following:

    1. By way of derogation from paragraphs 1 and 2, the competent authorities may authorise the acceptance of such a deposit or the provision of wallet, account or custody services, under such conditions as they deem appropriate, after having determined that the acceptance of such a deposit or the provision of wallet, account or custody service is:
      1. necessary to satisfy the basic needs of natural or legal persons, entities or bodies referred to in paragraph 1 and their dependent family members, including payments for food, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;
      2. intended exclusively for the payment of reasonable professional fees or the reimbursement of incurred expenses associated with the provision of legal services;
      3. intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources;
      4. necessary for extraordinary expenses, provided that the relevant competent authority has notified the competent authorities of the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted, at least two weeks prior to the authorisation; or
      5. necessary for official purposes of a diplomatic mission or consular post or international organisation.

      The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under points (a), (b), (c) or (e) of this paragraph within two weeks of the authorisation.;

  3. in Article 1d, paragraph 2 is replaced by the following:

    1. 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.;
  4. Article 1e is replaced by the following:

    Article 1e

    1. It shall be prohibited to provide specialised financial messaging services, which are used to exchange financial data, to the legal persons, entities or bodies listed in Annex VIII or to any legal person, entity or body established in Russia whose proprietary rights are directly or indirectly owned for more than 50 % by an entity listed in Annex VIII.
    2. For each legal person, entity or body listed in Annex VIII, the prohibition set out in paragraph 1 shall apply as of the date mentioned for it in that Annex. The prohibition shall apply as of the same date to any legal person, entity or body established in Russia whose proprietary rights are directly or indirectly owned for more than 50 % by an entity listed in Annex VIII.;
  5. in Article 1h(2), point (e) is replaced by the following:

    1. unless prohibited under Article 4o or 4p, the 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; or;
  6. Article 1j is replaced by the following:

    Article 1j

    1. It shall be prohibited to register, provide a registered office, business or administrative address as well as management services to, a trust or any similar legal arrangement having as a trustor or a beneficiary:
      1. Russian nationals or natural persons residing in Russia;
      2. legal persons, entities or bodies established in Russia;
      3. legal persons, entities or bodies whose proprietary rights are directly or indirectly owned for more than 50 % by a natural or legal person, entity or body referred to in points (a) or (b);
      4. legal persons, entities or bodies controlled by a natural or legal person, entity or body referred to in points (a), (b) or (c);
      5. a natural or legal person, entity or body acting on behalf or at the direction of a natural or legal person, entity or body referred to in points (a), (b), (c) or (d).
    2. It shall be prohibited as of 5 July 2022 to act as, or arrange for another person to act as, a trustee, nominee shareholder, director, secretary or a similar position, for a trust or similar legal arrangement as referred to in paragraph 1.
    3. Paragraphs 1 and 2 shall not apply to the operations that are strictly necessary for the termination by 5 July 2022 of contracts which are not compliant with this Article concluded before 9 April 2022 or of ancillary contracts necessary for the execution of such contracts.
    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.
    5. By way of derogation from paragraph 2, the competent authorities may authorise, under such conditions as they deem appropriate, the services referred to in paragraph 2 to continue beyond 5 July 2022, for:
      1. the completion by 5 September 2022 of operations strictly necessary for the termination of contracts referred to in paragraph 3, provided that such operations were initiated before 11 May 2022; or
      2. other reasons, provided that the service providers do not accept from, or make available to, the persons referred to in paragraph 1 any funds or economic resources, directly or indirectly, or otherwise provide such persons with any benefit from assets placed in a trust.
    6. By way of derogation from paragraphs 1 and 2, the competent authorities may authorise the services referred to in those paragraphs, under such conditions as they deem appropriate, after having determined that this is necessary for:
      1. humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies, food, or the transfer of humanitarian workers and related assistance or for evacuations;
      2. civil society activities that directly promote democracy, human rights or the rule of law in Russia; or
      3. the operation of trusts whose purpose is the administration of occupational pension schemes, insurance policies or employee share scheme, charities, amateur sports clubs, and funds for minors or vulnerable adults.
    7. The Member State concerned shall inform the Commission of any authorisation granted under paragraph 5 or 6 within two weeks of such authorisation.;
  7. the following article is inserted:

    Article 1k

    1. It shall be prohibited to provide, directly or indirectly, accounting, auditing, including statutory audit, bookkeeping or tax consulting services, or business and management consulting or public relations services to:
      1. the Government of Russia; or
      2. legal persons, entities or bodies established in Russia.
    2. Paragraph 1 shall not apply to the provision of services that are strictly necessary for the termination by 5 July 2022 of contracts which are not compliant with this Article concluded before 4 June 2022, or of ancillary contracts necessary for the execution of such contracts.
    3. Paragraph 1 shall not apply to the provision of services that are strictly necessary for the exercise of the right of defence in judicial proceedings and the right to an effective legal remedy.
    4. Paragraph 1 shall not apply to the provision of services intended for the exclusive use of legal persons, entities or bodies established in Russia that are owned by, or solely or jointly controlled by, a legal person, entity or body which is incorporated or constituted under the law of a Member State.
    5. By way of derogation from paragraph 1, the competent authorities may authorise the services referred to therein, under such conditions as they deem appropriate, after having determined that this is necessary for:
      1. humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies, food, or the transfer of humanitarian workers and related assistance or for evacuations; or
      2. civil society activities that directly promote democracy, human rights or the rule of law in Russia.;
  8. in Article 4(3), point (a) is replaced by the following:
    1. the transport of natural gas and oil, including refined petroleum products, unless prohibited under Article 4o or 4p, from or through Russia into the Union; or;
  9. in Article 4a(2), point (a) is replaced by the following:

    1. 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, unless prohibited under Article 4o or 4p, from or through Russia into the Union; or;
  10. in Article 4g, the following paragraph is added:

    1. It shall be prohibited to advertise products or services in any content produced or broadcast by the legal persons, entities or bodies listed in Annex IX, including through transmission or distribution by any of the means referred to in paragraph 1.;
  11. in Article 4ha(5), point (a) is replaced by the following:

    1. unless prohibited under Article 4o or 4p, 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;;
  12. Article 4n(4) is amended as follows:
    1. point (a) is replaced by the following:

      1. unless prohibited under Article 4o or 4p, 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;;
    2. point (d) is replaced by the following:

      1. the functioning of diplomatic and consular representations in Russia, including delegations, embassies and missions, or international organisations in Russia enjoying immunities in accordance with international law; or;
  13. the following articles are inserted:

    Article 4o

    1. It shall be prohibited to purchase, import or transfer, directly or indirectly, crude oil or petroleum products, if they originate in Russia or are exported from Russia.
    2. It shall be prohibited to provide, directly or indirectly, technical assistance, brokering services, financing or financial assistance or any other services related to the prohibition in paragraph 1.
    3. The prohibitions in paragraphs 1 and 2 shall not apply:
      1. until 5 December 2022, to one-off transactions for near-term delivery, concluded and executed before that date, or to the execution of contracts for the purchase, import or transfer of crude oil, concluded before 4 June 2022, or of ancillary contracts necessary for the execution of such contracts, provided that those contracts have been notified by the relevant Member States to the Commission by 24 June 2022 and that the one-off transactions for near-term delivery be notified by the relevant Member States to the Commission within 10 days of their completion;
      2. until 5 February 2023, to one-off transactions for near-term delivery, concluded and executed before that date, or to the execution of contracts for the purchase, import or transfer of petroleum products concluded before 4 June 2022, or of ancillary contracts necessary for the execution of such contracts, provided that those contracts have been notified by the relevant Member States to the Commission by 24 June 2022 and that the one-off transactions for near-term delivery be notified by the relevant Member States to the Commission within 10 days of their completion;
      3. to the purchase, import or transfer of seaborne crude oil and of petroleum products where those goods originate in a third country and are only being loaded in, departing from, or transiting through Russia, provided that both the origin and the owner of those goods are non-Russian;
      4. to crude oil which is delivered by pipeline from Russia into Member States, until the Council, acting by unanimity, on a proposal by the High Representative with the support of the Commission, decides that the prohibitions in paragraphs 1 and 2 shall apply.
    4. If the supply of crude oil by pipeline from Russia to a landlocked Member State is interrupted for reasons outside the control of that Member State, seaborne crude oil from Russia may be imported into that Member State, by way of an exceptional temporary derogation from paragraphs 1 and 2 , until the supply is resumed or until the Council decision referred to in paragraph 3(d) applies with regard to that Member State, whichever is the earliest.
    5. As of 5 December 2022, and by way of derogation from paragraphs 1 and 2, the competent authorities of Bulgaria may authorise the execution until 31 December 2024 of contracts concluded before 4 June 2022, or of ancillary contracts necessary for the execution of such contracts, for the purchase, import or transfer of seaborne crude oil and of petroleum products originating in Russia or exported from Russia.
    6. As of 5 Feburary 2023, and by way of derogation from paragraphs 1 and 2, the competent authorities of Croatia may authorise until 31 December 2023 the purchase, import or transfer of vacuum gas oil originating in Russia or exported from Russia, provided that the following conditions are fulfilled:
      1. no alternative supply of vacuum gas oil is available; and
      2. Croatia has notified the Commission, at least two weeks prior to the authorisation, of the grounds on which it considers that a specific authorisation should be granted and the Commission has not objected within that time frame.
    7. The goods imported following a derogation granted by a competent authority under paragraph 5 or 6 shall not be sold on to buyers located in another Member State or in a third country.
    8. The transfer or transport of crude oil delivered by pipeline into Member States as referred to in paragraph 3(d) to other Member States or to third countries, or its sale to purchasers in other Member States or in third countries, shall be prohibited.

      All consignments and containers of such crude oil shall be clearly marked as REBCO: export prohibited.

      As from 5 Feburary 2023, where crude oil has been delivered by pipeline into a Member State as referred to in paragraph 3(d), it shall be prohibited to transfer or transport petroleum products which are obtained from such crude oil to other Member States or to third countries, or to sell such petroleum products to purchasers in other Member States or in third countries.

      By way of temporary derogation, the prohibitions referred to in the third subparagraph shall apply as from 5 December 2023 to the import and transfer into Czechia, and to the sale to purchasers in Czechia, of petroleum products obtained from crude oil which has been delivered by pipeline into another Member State as referred to in paragraph 3(d). If alternative supplies for such petroleum products are made available to Czechia before that date, the Council, acting by unanimity, shall adopt a decision terminating that temporary derogation. During the period until 5 December 2023, the volumes of such petroleum products imported into Czechia from other Member States shall not exceed the average volumes imported into Czechia from those other Member States over the same period during the previous five years.

    9. The prohibitions in paragraph 1 shall not apply to purchases in Russia of crude oil or petroleum products which are required in order to meet the essential needs of the purchaser in Russia or of humanitarian projects in Russia.
    10. The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.

    Article 4p

    1. It shall be prohibited to provide, directly or indirectly, technical assistance, brokering services or financing or financial assistance, related to the transport, including through ship-to-ship transfers, to third countries of crude oil or petroleum products which originate in Russia or which have been exported from Russia.
    2. The prohibition in paragraph 1 shall not apply to:
      1. the execution until 5 December 2022 of contracts concluded before 4 June 2022, or of ancillary contracts necessary for the execution of such contracts; or
      2. the transport of crude oil or petroleum products where those goods originate in a third country and are only being loaded in, departing from or transiting through Russia, provided that both the origin and the owner of those goods are non-Russian.;
  14. the Annexes are amended as set out in the Annex to this Decision.

    This point shall apply in respect of one or several of the entities referred to in point (4) of the Annex to this Decision as from 25 June 2022 and provided that the Council, having examined the respective cases, so decides by unanimity.