Council Regulation (EU) 2023/1214 of 23 June 2023 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

‘1a The transit via the territory of Russia of goods and technology which might contribute to Russia’s military and technological enhancement or to the development of its defence and security sector, as listed in Annex VII, exported from the Union, shall be prohibited.’

‘3a The prohibition in paragraph 1a shall not apply to the transit via the territory of Russia of goods and technology which might contribute to Russia’s military and technological enhancement or to the development of its defence and security sector, as listed in Annex VII, intended for the purposes set out in points (a) to (e) of paragraph 3.’

‘4a By way of derogation from paragraph 1a, the competent authorities may authorise the transit via the territory of Russia of goods and technology which might contribute to Russia’s military and technological enhancement or to the development of its defence and security sector, as listed in Annex VII, after having determined that such goods or technology are intended for the purposes set out in points (b), (c), (d), and (h) of paragraph 4.’

‘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 and firearms and other arms as listed in Annex XXXV to this Regulation, whether or not originating in the Union, to any natural or legal person, entity or body in Russia or for use in Russia.

‘1 The competent authorities shall exchange information on the application of Articles 2, 2a and 2b with the other Member States and the Commission, including on any authorisation granted or denied and, in the event of suspected forum shopping or other cases as appropriate, on requests for authorisation received. The competent authorities shall exchange information on the enforcement of Articles 2, 2a and 2b with the other Member States and the Commission, including on related infringements and penalties, as well as best practices of national enforcement authorities and the detection and prosecution of unauthorised exports. The exchange of information shall be carried out using the electronic system provided pursuant to Article 23(6) of Regulation (EU) 2021/821.’

‘1a The transit via the territory of Russia of goods and technology suited for use in aviation or the space industry, as listed in Annex XI, and of jet fuel and fuel additives, as listed in Annex XX, exported from the Union, shall be prohibited.’

‘6d By way of derogation from paragraph 1a, the competent authorities may authorise the transit via the territory of Russia of goods and technology suited for use in aviation or the space industry, as listed in Annex XI, and of jet fuels and fuel additives as listed in Annex XX, after having determined that such goods or technology are intended for the purposes set out in paragraphs 6a, 6b and 6c of this Article.

6e By way of derogation from paragraph 1, the competent authorities may authorise the sale, supply, transfer or export of the goods listed in Part B of Annex XI, if the goods are intended for the exclusive use and under the full control of the authorising Member State and in order to fulfil its maintenance obligations in areas which are under a long-term lease agreement between that Member State and the Russian Federation.’

‘5 Aircraft operators of non-scheduled flights between Russia and the Union, operated directly or via a third country, shall notify prior to their operation, and at least 48 hours in advance, all relevant information concerning the flight to the competent authorities of the Members State of departure or destination.’

1 It shall be prohibited, as of 24 July 2023, to provide access to ports and locks in the territory of the Union, by any vessel performing ship-to-ship transfers, at any point of the voyage to a Member State’s ports or locks, if the competent authority has reasonable cause to suspect that the vessel is in breach of the prohibitions set out in Article 3m(1) and (2) and Article 3n(1) and (4).

2 A competent authority shall not grant access if a vessel does not notify the competent authority at least 48 hours in advance about a ship-to-ship transfer occurring within the Exclusive Economic Zone of a Member State or within 12 nautical miles from the baseline of that Member State’s coast.

3 Paragraphs 1 and 2 shall not apply in the case of a vessel in need of assistance seeking a place of refuge, of an emergency port call for reasons of maritime safety, or for saving life at sea.

4 By way of derogation from paragraphs 1 and 2, the competent authorities may authorise a vessel to access a port or lock in the territory of the Union, under such conditions as they deem appropriate, after having determined that such access is necessary for humanitarian purposes.

5 Upon refusal of a port access call in accordance with paragraphs 1 and 2, the competent authorities concerned shall immediately inform the other competent authorities of the Member States. The Member State concerned shall inform the other Member States and the Commission without delay.

6 For the purposes of paragraphs 1 and 2, the competent authorities shall use, in addition to any national system and information, the integrated maritime information available in the Union Maritime Information and Exchange System (SafeSeaNet) established in accordance with Directive 2002/59/EC of the European Parliament and of the Council .

1 It shall be prohibited, as of 24 July 2023, to provide access to ports and locks in the territory of the Union by any vessel which the competent authority has reasonable cause to suspect of illegally interfering with, switching off or otherwise disabling its shipborne automatic identification system at any point of the voyage to a Member State’s ports or locks, in breach of SOLAS Regulation V/19, point 2.4, when transporting crude oil or petroleum products subject to the prohibitions set out in Article 3m(1) and (2) and Article 3n(1) and (4).

2 Paragraph 1 shall not apply in the case of a vessel in need of assistance seeking a place of refuge, of an emergency port call for reasons of maritime safety, or for saving life at sea.

3 By way of derogation from paragraph 1, the competent authorities may authorise a vessel to access a port or lock in the territory of the Union, under such conditions as they deem appropriate, after having determined that such access is necessary for humanitarian purposes.

4 Upon refusal of a port access call in accordance with paragraph 1, the competent authorities concerned shall immediately inform the other competent authorities of the Member States. The Member State concerned shall inform the other Member States and the Commission without delay.

5 For the purposes of paragraph 1, the competent authorities shall use, in addition to any national system and information, the integrated maritime information available in the Union Maritime Information and Exchange System (SafeSeaNet) established in accordance with Directive 2002/59/EC.

1 By way of derogation from Articles 2, 2a, 3f and 3k, the competent authorities may authorise the sale, supply, transfer, export or transit through Russia of the goods and technology referred to in those Articles, or the provision of related technical assistance, brokering services or other services, or financing or financial assistance, for the operation and maintenance of the Caspian Pipeline Consortium (CPC) pipelines and associated infrastructure necessary for the transport of goods falling under CN 270900 originating in Kazakhstan and which are only being loaded in, departing from or transiting through Russia, under such conditions as they deem appropriate, after having determined that: (a) such a sale, supply, transfer, export, transit through Russia or the provision of related technical assistance, brokering services or other services, or financing and financial assistance, is necessary for the operation, essential maintenance, repair or replacement of components of the CPC pipeline and associated infrastructure; (b) the type of goods, technologies and assistance requested does not go beyond the type of goods and technology previously exported from, or the assistance previously provided from, the Union, a country member of the European Economic Area, Switzerland or a partner country as listed in Annex VIII to Russia for the operation, essential maintenance, repair or replacement of components of the CPC pipeline and associated infrastructure, and related assistance; (c) the requested volumes are commensurate with those used for the operation, essential maintenance, repair or replacement of components of the CPC pipeline and associated infrastructure; and (d) such goods and technology will be provided by a natural or legal person subject to Article 13 exclusively for end use in the operation, essential maintenance, repair or replacement of components of the CPC pipeline and associated infrastructure.

2 By way of derogation from Article 5n, the competent authorities may authorise the provision of auditing services, engineering services, legal advisory services, technical testing and analysis services for the operation and maintenance of the CPC pipelines and associated infrastructure necessary for the transport of goods falling under CN 270900 originating in Kazakhstan and which are only being loaded in, departing from or transiting through Russia after having determined that: (a) the provision of those services is necessary for the operation, essential maintenance, repair or replacement of components of the CPC pipeline and associated infrastructure; and (b) such services are provided by a natural or legal person subject to Article 13.

3 The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 1 and 2 within two weeks of the authorisation.

4 When granting an authorisation under paragraphs 1 and 2, the competent authority shall require the presentation of an end-user certificate and detailed regular reports indicating that no such goods, technology or services were diverted from their intended purpose during the relevant works. It may impose additional conditions, in accordance with paragraph 1.’

1 The Member State or Member States concerned shall inform the other Member States and the Commission of any authorisation denied under Articles 3, 3a, 3b, 3c, 3d, 3ea, 3f, 3g, 3h, 3i, 3k, 3m, 3n, 5a, 5c, 5d, 5k, 5m, 5n, 5p and 12b within two weeks of the denial.

2 Before a Member State grants an authorisation in accordance with Articles 3, 3a, 3b, 3c, 3d, 3ea, 3f, 3g, 3h, 3i, 3k, 3m, 3n, 5a, 5c, 5d, 5k, 5m, 5n, 5p and 12b for a transaction which is essentially identical to a transaction which is the subject of a denial that is still valid issued by another Member State or by other Member States, it shall first consult the Member State or Member States which issued the denial. If, following such consultations, the Member State concerned decides to grant an authorisation, it shall inform the other Member States and the Commission thereof, providing all relevant information to explain that decision.

1 Consistent with respect for the confidentiality of communications between lawyers and their clients guaranteed in Article 7 of the Charter of Fundamental Rights of the European Union and, where applicable, without prejudice to rules regarding the confidentiality of information held by judicial authorities, natural and legal persons, entities and bodies shall: (a) supply any information which would facilitate the implementation of this Regulation to the competent authority of the Member State where they are resident or located within two weeks of acquiring this information; and (b) cooperate with the competent authority in any verification of such information.

2 The Member State concerned shall transmit to the Commission any relevant information received pursuant to paragraph 1 within one month of receiving it. The Member State concerned may transmit such information in an anonymised form if an investigating or judicial authority has declared it to be confidential in the context of pending criminal investigations or criminal judicial proceedings.

3 Any additional information received directly by the Commission shall be made available to the Member States.

4 Any information provided to or received by the competent authorities of the Member States in accordance with this Article shall be used by those authorities only for the purposes for which it was provided or received.’

1 It shall be prohibited to sell, supply, transfer or export, directly or indirectly, goods and technology as listed in Annex XXXIII, whether or not originating in the Union, to any natural or legal person, entity or body in the third country specified in that Annex.

2 It shall be prohibited to: (a) provide technical assistance, brokering services or other services related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in the third country specified; (b) provide financing or financial assistance related to the goods and technology referred to in paragraph 1 for any sale, supply, transfer or export of those goods and technology, 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 the third country specified; (c) sell, license or transfer in any other way intellectual property rights or trade secrets as well as grant rights to access or re-use any material or information protected by means of intellectual property rights or constituting trade secrets related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in the third country specified.

3 Annex XXXIII shall only include sensitive dual-use goods and technology, or goods and technology that might contribute to the enhancement of Russia’s military, technological or industrial capacities or to the development of Russia’s defence and security sector, in a way that strengthens its ability to wage war, and whose export to Russia is prohibited under this Regulation and that present a high and continuous risk of being sold, supplied, transferred or exported from third countries to Russia after being sold, supplied, transferred or exported from the Union. Annex XXXIII shall specify, for each item of listed goods or technology, the third countries to which the sale, supply, transfer or export is prohibited. Annex XXXIII shall only include third countries that have been identified by the Council as having systematically and persistently failed to prevent the sale, supply, transfer or export to Russia of goods and technology, as listed in that Annex, exported from the Union, despite the Union’s prior outreach and assistance to the country in question.

4 If the sale, supply, transfer or export of goods or technology listed in Annex XXXIII to a natural or legal person, entity or body in Russia or for use in Russia is not prohibited under certain exemptions provided for in this Regulation, their sale, supply, transfer or export to a natural or legal person, entity or body in the third country specified shall not be prohibited, provided that the same conditions applicable under this Regulation for export to Russia or for use in Russia are fulfilled.

5 If the sale, supply, transfer or export of goods or technology listed in Annex XXXIII to a natural or legal person, entity or body in Russia or for use in Russia can be authorised by the competent authorities in accordance with this Regulation, their sale, supply, transfer or export to a natural or legal person, entity or body in the third country specified may be authorised by the competent authorities under the same conditions applicable to derogations for exports to Russia or for use in Russia.’

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