Council Decision (CFSP) 2023/434 of 25 February 2023 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

‘3a By way of derogation from paragraph 1, the competent authorities may authorise, under such conditions as they deem appropriate, transactions which are strictly necessary for the divestment and withdrawal by 31 December 2023, by the entities referred to in paragraph 1 or their subsidiaries in the Union from a legal person, entity or body established in the Union.’

1 It shall be prohibited as of 27 March 2023 to allow Russian nationals or natural persons residing in Russia to hold any posts in the governing bodies of the owners or operators of critical infrastructures, European critical infrastructure and critical entities.

2 Paragraph 1 shall not apply to nationals of a Member State, of a country member of the European Economic Area or of Switzerland.

1 It shall be prohibited to provide storage capacity, as defined in Article 2, paragraph 1, point 28, of Regulation (EC) No 715/2009 of the European Parliament and of the Council in a storage facility, as defined in Article 2, point 9, of Directive 2009/73/EC of the European Parliament and of the Council , except for the part of liquefied natural gas facilities used for storage, to: (a) a Russian national, a natural person residing in Russia, or a legal person, entity or body established in Russia; (b) a legal person, entity or body whose proprietary rights are directly or indirectly owned for more than 50 % by a legal person, entity or body referred to in point (a) of this paragraph; or (c) a natural or legal person, entity or body acting on behalf or at the direction of a legal person, entity or body referred to in point (a) or (b) of this paragraph.

2 Paragraph 1 shall not apply to the operations that are strictly necessary for the termination by 27 March 2023 of contracts which are not compliant with this Article concluded before 26 February 2023 or of ancillary contracts necessary for the execution of such contracts.

3 By way of derogation from paragraph 1, the competent authorities may authorise, under such conditions as they deem appropriate, the provision of storage capacity as referred to in paragraph 1 after having determined that it is necessary for ensuring critical energy supply within the Union.

4 The Member State or Member States concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 3 within two weeks of the authorisation.

The prohibitions on providing technical assistance laid down in this Decision shall not apply to the provision of pilot services to vessels in innocent passage as defined by international law which are necessary for reasons of maritime safety.

1 For the purposes of the prohibitions on importing goods provided for in this Decision, goods physically in the Union may be released as provided for in Article 5, point (26), of the Union Customs Code by the customs authorities provided that they have been presented to customs in accordance with Article 134 of the Union Customs Code before the entry into force or applicability date of the respective import prohibition, whichever is the latest.

2 All procedural steps necessary for the release referred to in paragraphs 1 and 5 of the relevant goods pursuant to the Union Customs Code shall be allowed.

3 The customs authorities shall not allow the release of the goods if they have reasonable grounds to suspect circumvention and shall not authorise the re-export of the goods to Russia.

4 Payments in relation to such goods shall be consistent with the provisions and objectives of this Decision, in particular the prohibition on purchasing, and Decision 2014/145/CFSP.

5 Goods physically in the Union and presented to customs prior to 26 February 2023 which were stopped in application of this Decision may be released by the customs authorities under the conditions provided for in paragraphs 1, 2, 3 and 4.

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