Council Decision (CFSP) 2022/1909 of 6 October 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

‘1a It shall be prohibited as from 22 October 2022 to hold any posts in the governing bodies of any legal person, entity or body referred to in paragraph 1.’;

‘2 The prohibition in paragraph 1 shall not apply to the execution until 15 May 2022 of contracts concluded with a legal person, entity or body referred to in Part A of Annex X before 16 March 2022, or of ancillary contracts necessary for the execution of such contracts.’;

‘2a The prohibition in paragraph 1 shall not apply to the reception of payments due by the legal persons, entities or bodies referred to in Part A of Annex X pursuant to contracts performed before 15 May 2022.’;

‘2b The prohibition in paragraph 1 shall not apply to the execution until 8 January 2023 of contracts concluded with a legal person, entity or body referred to in Part B of Annex X before 7 October 2022, or of ancillary contracts necessary for the execution of such contracts.

2c The prohibition in paragraph 1 shall not apply to the reception of payments due by the legal persons, entities or bodies referred to in Part B of Annex X pursuant to contracts performed before 8 January 2023.’;

1 Member States that have authorised the Russian Maritime Register of Shipping to undertake fully or in part inspections and surveys related to statutory certificates and, where appropriate, to issue or renew the related certificates in accordance with Article 3(2) and Article 5 of Directive 2009/15/EC of the European Parliament and of the Council shall withdraw those authorisations in accordance with Article 8 of that Directive before 5 January 2023. During the period until such authorisations have been withdrawn, Member States shall not allow, or grant a delegation to, the Russian Maritime Register of Shipping to perform any of the tasks which, in accordance with Union rules on maritime safety, are reserved to organisations recognised by the Union, including to undertake inspections and surveys related to statutory certificates as well as to issue, endorse or renew the related certificates.

2 Any statutory certificates issued on behalf of a Member State by the Russian Maritime Register of Shipping before 7 October 2022 shall be withdrawn and terminated by the relevant Member State, acting as a flag State, before 8 April 2023.

3 By way of derogation from the procedure laid down in Article 7(3) of Regulation (EC) No 391/2009 of the European Parliament and of the Council and in Article 21(3) of Directive (EU) 2016/1629 of the European Parliament and of the Council , the Union’s recognition of the Russian Maritime Register of Shipping under Regulation (EC) No 391/2009 and Directive (EU) 2016/1629 is withdrawn.

4 Member States that have delegated any inspection-related duties to the Russian Maritime Register of Shipping, as defined in Article 20(3) of Directive (EU) 2016/1629, in particular to carry out technical inspections to check whether the craft complies with the technical requirements referred to in Directive (EU) 2016/1629, in particular in its Annexes II and V, shall withdraw those authorisations before 6 November 2022.

5 Member States that have delegated any security-related duties to the Russian Maritime Register of Shipping in accordance with point 4.3 of Annex II to Regulation (EC) No 725/2004 of the European Parliament and of the Council or with Article 11 of Directive 2005/65/EC of the European Parliament and of the Council , in particular relating to the issuance or renewal of International Ship Security Certificates and to any related verifications in accordance with points 19.1.2 and 19.2.2 of Annex II to Regulation (EC) No 725/2004, shall withdraw those authorisations before 5 January 2023.

6 Any International Ship Security Certificate issued on behalf of a Member State by the Russian Maritime Register of Shipping before 7 October 2022 shall be withdrawn and terminated by the relevant Member State, acting as a Contracting Government, before 8 April 2023.

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: (a) the Government of Russia; or (b) legal persons, entities or bodies established in Russia.

2 It shall be prohibited, directly or indirectly, to provide architectural and engineering services, legal advisory services and IT consultancy services to: (a) the Government of Russia; or (b) legal persons, entities or bodies established in Russia.

3 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.

4 Paragraph 2 shall not apply to the provision of services that are strictly necessary for the termination by 8 January 2023 of contracts which are not compliant with this Article concluded before 7 October 2022, or of ancillary contracts necessary for the execution of such contracts.

5 Paragraphs 1 and 2 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.

6 Paragraphs 1 and 2 shall not apply to the provision of services which are strictly necessary to ensure access to judicial, administrative or arbitral proceedings in a Member State, or for the recognition or enforcement of a judgment or an arbitration award rendered in a Member State, provided that such provision of services is consistent with the objectives of this Decision and of Decision 2014/145/CFSP.

7 Paragraphs 1 and 2 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, a country member of the European Economic Area, Switzerland or a partner country as listed in Annex VII.

8 Paragraph 2 shall not apply to the provision of services necessary for public health emergencies, the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or the environment, or as a response to natural disasters.

9 Paragraph 2 shall not apply to the provision of services necessary for software updates for non-military use and for a non-military end user, permitted by Articles 3(3)(d) and 3a(3)(d).

10 By way of derogation from paragraphs 1 and 2, 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: (a) 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; (b) civil society activities that directly promote democracy, human rights or the rule of law in Russia; or (c) the functioning of diplomatic and consular representations of the Union and of the Member States or partner countries in Russia, including delegations, embassies and missions, or international organisations in Russia enjoying immunities in accordance with international law.

11 By way of derogation from paragraphs 1 and 2, 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: (a) ensuring critical energy supply within the Union and the purchase, import or transport into the Union of titanium, aluminium, copper, nickel, palladium and iron ore; (b) ensuring the continuous operation of infrastructures, hardware and software which are critical for human health and safety, or the safety of the environment; (c) the establishment, operation, maintenance, fuel supply and retreatment and safety of civil nuclear capabilities, and the continuation of design, construction and commissioning required for the completion of civil nuclear facilities, the supply of precursor material for the production of medical radioisotopes and similar medical applications, or critical technology for environmental radiation monitoring, as well as for civil nuclear cooperation, in particular in the field of research and development; or (d) the provision of electronic communication services by Union telecommunication operators necessary for the operation, maintenance and security, including cybersecurity, of electronic communication services, in Russia, in Ukraine, in the Union, between Russia and the Union, and between Ukraine and the Union, and for data centre services in the Union.

12 The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 10 and 11 within two weeks of the authorisation.’;

1 It shall be prohibited to sell, supply, transfer or export, directly or indirectly, firearms, their parts and essential components and ammunition as listed in Annex I to Regulation (EU) No 258/2012 of the European Parliament and of the Council , whether or not originating in the Union, to any natural or legal person, entity or body in Russia or for use in Russia.

2 It shall be prohibited to: (a) provide technical assistance, brokering services or other services related to the goods referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods, directly or indirectly, to any natural or legal person, entity or body in Russia or for use in Russia; (b) provide financing or financial assistance related to the goods referred to in paragraph 1 for any sale, supply, transfer or export of those goods, or for the provision of related technical assistance, brokering services or other services, directly or indirectly to any natural or legal person, entity or body in Russia, or for use in Russia.

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