contents table Logo Lexparency.org lexp
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
Recitals

Recitals

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

THE COUNCIL OF THE EUROPEAN UNION,

  • Having regard to the Treaty on European Union, and in particular Article 29 thereof,
  • Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

  1. On 31 July 2014, the Council adopted Decision 2014/512/CFSP(1).
  2. The Union remains unwavering in its support for Ukraine’s sovereignty and territorial integrity.
  3. On 24 February 2022, the President of the Russian Federation announced a military operation in Ukraine, and Russian armed forces began an attack on Ukraine. That attack is a blatant violation of the territorial integrity, sovereignty and independence of Ukraine.
  4. In its conclusions of 24 February 2022, the European Council condemned in the strongest possible terms the Russian Federation’s unprovoked and unjustified military aggression against Ukraine. By its illegal military actions, Russia is grossly violating international law and the principles of the United Nations Charter, and undermining European and global security and stability. The European Council called for the urgent preparation and adoption of a further individual and economic sanctions package.
  5. In its conclusions of 24 March 2022, the European Council stated that the Union remains ready to close loopholes and target actual and possible circumvention of the restrictive measures already adopted as well as to move quickly with further coordinated robust sanctions on Russia and Belarus to effectively thwart Russian abilities to continue the aggression.
  6. In view of the gravity of the situation, and in response to Russia’s war of aggression against Ukraine, it is appropriate to introduce further restrictive measures.
  7. It is appropriate to prohibit the import, purchase or transfer into Member States of crude oil and certain petroleum products from Russia. Moreover, it is appropriate to prohibit the insurance and reinsurance of maritime transport of such goods to third countries. Appropriate transitional periods should be provided for.
  8. Due to the geographical situation of several Member States, which generates specific dependence on crude oil imported by pipeline from Russia, with no viable alternative supplies in the short term, the import prohibitions on crude oil from Russia should temporarily not apply, until the Council decides otherwise, to imports by pipeline of crude oil from Russia into those Member States. Those Member States should take all necessary measures to obtain alternative supplies as soon as possible. The Commission should monitor and facilitate the progress by the Member States concerned in obtaining alternative supplies. When a Member State has made sufficient progress, the High Representative with the support of the Commission should propose to the Council to end this temporary exception with regard to that Member State.
  9. At its meeting on 30 and 31 May 2022, the European Council agreed that it will revert to the issue of that temporary exception for crude oil delivered by pipeline as soon as possible.
  10. It is necessary to prohibit the onward transfer, transport or re-sale of crude oil from Russia delivered into a Member State by pipeline to other Member States or to third countries, as well as to prohibit, following a transitional period of eight months, the onward transfer, transport or re-sale to other Member States of petroleum products obtained from such crude oil. Due to the specific dependency of Czechia on such petroleum products, an additional ten-month period should be allowed for it to obtain alternative supplies.
  11. Due to the specific geographical exposure of Bulgaria, a special derogation from the prohibition on imports of crude oil via maritime transport ('seaborne crude oil') and of petroleum products should be provided for for a limited period. Due to Croatia’s specific situation linked to the need for its refinery to secure regular supply of vacuum gas oil for its functioning, it should be possible for the national competent authority to authorise the purchase, import or transfer of Russian vacuum gas oil for a specific period of time under certain conditions.
  12. If the supply of crude oil by pipeline from Russia to a landlocked Member State is interrupted for reasons beyond the control of that Member State, the import of seaborne crude oil from Russia into that Member State should be allowed, by way of an exceptional temporary derogation, until the supply by pipeline is resumed or until the Council decides that the prohibition on the import of crude oil delivered by pipeline is to apply with regard to that Member State.
  13. In compliance with the principle of the freedom of transit, the prohibitions on the purchase, import or transfer of seaborne crude oil and of certain petroleum products from Russia should be without prejudice to the purchase, import or transfer of such goods which originate in a third country and are only transiting through Russia. In particular, those prohibitions should not apply in the situation where Russia is identified as the State of export in the customs declarations, if the country of origin for the crude oil and other petroleum products is identified in those declarations as a third State.
  14. It is appropriate to prohibit the provision to Russia of accounting, auditing, including statutory audit, bookkeeping and tax consulting services, or business and management consulting and public relations services. It is also appropriate to amend the prohibitions concerning, respectively, deposits, road transport undertakings established in Russia, and trust services. Finally, it is appropriate to add certain entries to the lists of legal persons, entities and bodies set out in the Annexes to Decision 2014/512/CFSP.
  15. In order to ensure the smooth implementation of Article 1j of Decision 2014/512/CFSP, it is appropriate to extend the deadline for the cessation of activities provided for in paragraphs 2 and 3 of that Article from 10 May 2022 until 5 July 2022.
  16. It is appropriate to clarify that this Decision does not prevent the reception of payments by a legal person, entity or body incorporated or constituted under the law of a Member State from its Russian counterparty pursuant to contracts related to goods and technologies as referred to in Article 4c of Decision 2014/512/CFSP which were concluded before 26 February 2022 and were performed before 27 May 2022.
  17. The Russian Federation 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 targeting civil society, asylum seekers, Russian ethnic minorities, gender minorities, and the functioning of democratic institutions in the Union and its Member States.
  18. In order to justify and support its aggression against Ukraine, the Russian Federation has engaged in continuous and concerted propaganda actions targeted at civil society in the Union and neighbouring countries, gravely distorting and manipulating facts.
  19. Those propaganda actions have been channelled through a number of media outlets under the permanent direct or indirect control of the leadership of the Russian Federation. 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.
  20. 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, 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 such media outlets in the Union, or directed at the Union. The measures should be maintained until the aggression against Ukraine is put to an end, and until the Russian Federation, and its associated media outlets, cease to conduct propaganda actions against the Union and its Member States.
  21. Consistent with the fundamental rights and freedoms recognised in the Charter of Fundamental Rights, 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 thereof, those measures do not prevent the media outlets and their staff from carrying out activities in the Union other than broadcasting, such as research and interviews. In particular, those 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, and in Member States’ constitutions, within their respective fields of application.
  22. Further action by the Union is needed in order to implement certain measures.
  23. Decision 2014/512/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION: