Council Regulation (EU) 2023/2878 of 18 December 2023 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

‘4 The prohibitions in paragraph 2 shall not apply until 20 June 2024 to the provision of insurance or reinsurance to any legal person, entity or body that is incorporated or constituted under the law of a Member State with regard to its activities outside the energy sector in Russia.

5 By way of derogation from paragraph 2, the competent authorities may authorise, under such conditions as they deem appropriate, the provision of insurance or reinsurance after 20 June 2024 to any legal person, entity or body that is incorporated or constituted under the law of a Member State with regard to its activities outside the energy sector in Russia.’

‘3a By way of derogation from point (b) of paragraph 1 of this Article, the competent authorities may authorise, under such conditions as they deem appropriate, any activity referred to therein after having determined that, in accordance with point (b) of Article 5aa(3), such an activity is necessary to ensure the operation of a deep-water offshore gas project in the Mediterranean Sea in which a legal person, entity or body listed in Annex XIX was a minority shareholder before 31 October 2017 and remains so, provided that the project is solely or jointly controlled or operated by a legal person incorporated or constituted under the law of a Member State.”

‘7 By way of derogation from paragraph 1, the competent authorities may authorise the purchase, import or transfer of the goods listed in Annex XVII, under such conditions as they deem appropriate, after having determined that this is necessary for 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, such as the Paks II project, 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.’

‘1 It shall be prohibited to sell, supply, transfer or export, directly or indirectly, luxury goods, whether or not originating in the Union, as listed in Annex XVIII, to any natural or legal person, entity or body in Russia or for use in Russia.’

‘3aa The competent authorities of a Member State may allow the import of goods which are intended for the strict personal use of natural persons travelling to the Union or of their immediate family members, limited to personal effects owned by those individuals and which are manifestly not intended for sale.

3ab The competent authorities may authorise, under such conditions as they deem appropriate, the entry into the Union of a vehicle falling under CN code 8703 not intended for sale and owned by a citizen of a Member State or an immediate family member who is resident in Russia and is driving the vehicle into the Union for strict personal use.

3ac The prohibition in paragraph 1 shall not apply to the entry into the Union of motor vehicles falling under CN code 8703 provided that they have a diplomatic vehicle registration plate and are necessary for the functioning of diplomatic and consular representations, including delegations, embassies and missions, or of international organisations enjoying immunities in accordance with international law, or for the personal use of their staff and their immediate family members.

3ad The prohibition in paragraph 1 shall not prevent vehicles already in the territory of the Union on 19 December 2023 from being registered in a Member State.

3ca With regard to the goods falling under CN codes 7205, 7408, 7604, 7605, 7607 and 7608, the prohibitions in paragraphs 1 and 2 shall not apply to the execution until 20 March 2024 of contracts concluded before 19 December 2023, or of ancillary contracts necessary for the execution of such contracts.

3cb With regard to the goods falling under CN codes 271112, 271113, 271114, 271119 and 7202, the prohibitions in paragraphs 1 and 2 shall not apply to the execution until 20 December 2024 of contracts concluded before 19 December 2023, or of ancillary contracts necessary for the execution of such contracts.

3cc With regard to the goods falling under CN code 7201, the prohibitions in paragraphs 1 and 2 shall not apply to the import, purchase or transport, or related technical or financial assistance of the following quantities of goods: (a) 1140000 metric tonnes between 19 December 2023 and 31 December 2024; (b) 700000 metric tonnes between 1 January 2025 and 31 December 2025.

3cd With regard to the goods falling under CN code 7203, the prohibitions in paragraphs 1 and 2 shall not apply to the import, purchase or transport, or related technical or financial assistance, of the following quantities of goods: (a) 1140836 metric tonnes between 19 December 2023 and 31 December 2024; (b) 651906 metric tonnes between 1 January 2025 and 31 December 2025.’

‘3c By way of derogation from paragraphs 1 and 2, the competent authorities may authorise the purchase, import or transfer of the goods listed in Annex XXI, or the provision of related technical and financial assistance, under such conditions as they deem appropriate, after having determined that this is necessary for 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, such as the Paks II project, 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.’

‘5 The import volume quotas set out in paragraphs 3cc, 3cd, 3da and 4 of this Article shall be managed by the Commission and the Member States in accordance with the management system for tariff-rate quotas provided for in Articles 49 to 54 of Commission Implementing Regulation (EU) 2015/2447.’

‘6 The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 3c and 3e within two weeks of the authorisation.’

‘1 It shall be prohibited to sell, supply, transfer or export, directly or indirectly, goods which could contribute in particular to the enhancement of Russian industrial capacities, whether or not originating in the Union, as listed in Annex XXIII, to any natural or legal person, entity or body in Russia or for use in Russia.’

‘1a The transit via the territory of Russia of the goods and technology as listed in Annex XXXVII, exported from the Union, shall be prohibited.’

‘3aa With regard to the goods falling under the CN codes listed in Annex XXIIIA, the prohibitions in paragraphs 1 and 2 shall not apply to the execution until 20 March 2024 of contracts concluded before 19 December 2023, or of ancillary contracts necessary for the execution of such contracts.

3ab With regard to the goods falling under the CN codes listed in Annex XXIIIB, the prohibitions in paragraphs 1 and 2 shall not apply to the execution until 20 June 2024 of contracts concluded before 19 December 2023, or of ancillary contracts necessary for the execution of such contracts.’

‘5c By way of derogation from paragraph 1a, the competent authorities may authorise the transit via the territory of Russia of goods and technology which could contribute in particular to the enhancement of Russian industrial capacities as listed in Annex XXXVII, after having determined that such goods or technology are intended for the purposes set out in paragraphs 5 and 5b of this Article.’

‘7 The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 5, 5a, 5b and 5c within two weeks of the authorisation.’

‘6 As of 5 February 2023, and by way of derogation from paragraphs 1 and 2, the competent authorities of Croatia may authorise until 31 December 2024 the purchase, import or transfer of vacuum gas oil falling under CN code 27101971 originating in Russia or exported from Russia, provided that the following conditions are fulfilled:’

‘6a In application of paragraphs 4 and 6, point (a), for Russian crude oil or petroleum products listed in Annex XXV, loaded as of 20 February 2024, service providers with no access to the purchase price per barrel laid down in Annex XXVIII of such products shall collect itemised price information for ancillary costs as provided by operators further up the supply chain of Russian crude oil or petroleum product trade. Such itemised price information shall be provided to counterparties and competent authorities, upon their request, for the purpose of verifying compliance with this Article.’

To facilitate the implementation and enforcement of Articles 3m and 3n, the Commission and Member States shall periodically share information with each other with a view to further identify vessels and entities of concern carrying out one or more deceptive practices while transporting Russian crude oil and petroleum products. Information received in accordance with this Article shall be used only for the purpose for which it was requested.

1 It shall be prohibited, as of 1 January 2024, to purchase, import, or transfer, directly or indirectly, diamonds and products incorporating diamonds, as listed in Parts A, B and C of Annex XXXVIIIA, if they originate in Russia or have been exported from Russia into the Union or to any third country.

2 It shall be prohibited, as of 1 January 2024, to purchase, import, or transfer, directly or indirectly, diamonds and products incorporating diamonds, as listed in Parts A, B and C of Annex XXXVIIIA, of any origin, if they transited via the territory of Russia.

3 It shall be prohibited, as of 1 March 2024, to purchase, import, or transfer, directly or indirectly, products listed in Part A of Annex XXXVIIIA, when processed in a third country, consisting of diamonds originating in Russia or exported from Russia with a weight equal to or above 1.0 carats per diamond.

4 It shall be prohibited, as of 1 September 2024, to purchase, import, or transfer, directly or indirectly, products listed in Parts A, B and C of Annex XXXVIIIA, when processed in a third country, consisting of or incorporating diamonds originating in Russia or exported from Russia with a weight equal to or above 0.5 carats or 0.1 grams per diamond.

5 It shall be prohibited to: (a) provide technical assistance, brokering services or other services related to the goods referred to in paragraphs 1 to 4, and to the provision, manufacture, maintenance and use of those goods, directly or indirectly in relation to the prohibitions in paragraphs 1 to 4; (b) provide financing or financial assistance related to the goods referred to in paragraphs 1 to 4 for any purchase, import or transfer of those goods, or for the provision of related technical assistance, brokering services or other services, directly or indirectly in relation to the prohibitions in paragraphs 1 to 4.

6 The prohibitions in paragraphs 1 to 4 shall not apply to goods listed in Part C of Annex XXXVIIIA for the personal use of natural persons travelling to the Union or of their immediate family members travelling with them, owned by those individuals and not intended for sale.

7 By way of derogation from paragraphs 1 to 4, the competent authorities may authorise the transfer or import of cultural goods which are on loan in the context of formal cultural cooperation with Russia.

8 For the purposes of paragraphs 3 and 4, goods falling under CN codes 71023100 and 71021000 that are imported into the Union shall be submitted for verification without delay, together with documentation certifying their origin, to the authority specified in Annex XXXVIIIB. The Member State where those goods are brought into the customs territory of the Union shall ensure their submission to the authority specified in Annex XXXVIIIB. Customs transit may be granted to that effect. If such customs transit is granted, the verification provided for in this paragraph shall be suspended until the arrival of those goods at the authority specified in Annex XXXVIIIB. The importer shall be responsible for the proper movement of those goods and the costs of such movement.

9 All verifications required under paragraph 8 shall be carried out in accordance with the rules and procedures laid down in Council Regulation (EC) No 2368/2002 , which shall apply mutatis mutandis.

10 For the purposes of paragraphs 3 and 4, at the moment of importation, importers shall provide evidence of the country of origin of the diamonds or products incorporating diamonds used as inputs for the processing of the product in a third country. As of 1 September 2024, the traceability-based evidence shall include a corresponding certificate certifying that the diamonds are not mined, processed or produced in Russia.

1 It shall be prohibited for any national of a Member State, natural person residing in a Member State, and legal person, entity or body which is established in the Union to sell, or otherwise transfer ownership, directly or indirectly, of tankers for the transport of crude oil or petroleum products listed in Annex XXV, falling under HS code ex890120, whether or not originating in the Union, to any natural or legal person, entity or body in Russia or for use in Russia.

2 By way of derogation from paragraph 1, the competent authorities may authorise, under the conditions they deem appropriate, the sale or other transfer of ownership of tankers for the transport of crude oil or petroleum products listed in Annex XXV, falling under HS code ex890120.

3 When deciding on requests for the authorisation referred to in paragraph 2 of this Article, the competent authorities shall not grant an authorisation for a sale or other transfer of ownership to any natural or legal person, entity or body in Russia or for use in Russia, if they have reasonable grounds to believe that the tanker would be used to transport, or be re-exported to transport, crude oil or petroleum products listed in Annex XXV, originating in Russia or exported from Russia for import into the Union in breach of Article 3m or for transport to third countries at a purchase price per barrel exceeding the price laid down in Annex XXVIII.

4 Any sale or other arrangement entailing a transfer of ownership by a national of a Member State, a natural person residing in a Member State, and a legal person, entity or body which is established in the Union to any third country of tankers for the transport of crude oil or petroleum products listed in Annex XXV, falling under HS code ex890120, with the exception of a sale or other transfer of ownership prohibited under paragraph 1, shall be notified immediately to the competent authorities of the Member State where the owner of the tanker is a citizen, a resident or is established. The notification to the competent authority shall contain at least, the following information: the identities of the seller and the purchaser, and where applicable the incorporation documents of the seller and the purchaser including the shareholding and management; the IMO ship identification number of the tanker; and the Call Sign of the tanker.

5 Any sale or other transfer of ownership of tankers as referred to in paragraphs 1 and 4 after 5 December 2022 and prior to 19 December 2023 shall be notified to the competent authorities before 20 February 2024.

6 The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 2, and of any notification under paragraphs 4 and 5, within two weeks of the authorisation or notification.

1 Legal persons, entities and bodies established in the Union whose proprietary rights are directly or indirectly owned for more than 40 % by: (a) a legal person, entity or body established in Russia; (b) a Russian national; or (c) a natural person residing in Russia, shall, as of 1 May 2024, report to the competent authority of the Member State where they are established, within two weeks of the end of each quarter, any transfer of funds exceeding 100000 EUR out of the Union that they made during that quarter, directly or indirectly, in one or several operations.

2 Notwithstanding the applicable rules concerning reporting, confidentiality and professional secrecy, credit and financial institutions shall, as of 1 July 2024, report to the competent authority of the Member State where they are located, within two weeks of the end of each semester, information on all transfers of funds out of the Union of a cumulative amount, over that semester, exceeding 100000 EUR that they initiated, directly or indirectly, for the legal persons, entities and bodies referred to in paragraph 1.

3 Member States shall assess the information received in accordance with paragraphs 1 and 2 to identify transactions, entities and business sectors that indicate a serious risk of breaches or circumvention of, or use of funds for purposes incompatible with, this Regulation or Council Regulations (EU) No 269/2014, (EU) No 692/2014 or (EU) 2022/263 , or Council Decisions 2014/145/CFSP , 2014/386/CFSP , 2014/512/CFSP or (CFSP) 2022/266 , and shall regularly inform each other and the Commission of their findings.

4 Based on the information received from the Member States under paragraph 3, the Commission shall review the functioning of the measures provided for in this Article no later than 20 December 2024.

The prohibitions laid down in this Regulation shall not apply to the provision of pilot services which are necessary for reasons of maritime safety.’

1 When selling, supplying, transferring or exporting to a third country, with the exception of partner countries listed in Annex VIII to this Regulation, goods or technology as listed in Annexes XI, XX and XXXV to this Regulation, common high priority items as listed in Annex XL to this Regulation, or firearms and ammunition as listed in Annex I to Regulation (EU) No 258/2012, exporters shall, as of 20 March 2024, contractually prohibit re-exportation to Russia and re-exportation for use in Russia.

2 Paragraph 1 shall not apply to the execution of contracts concluded before 19 December 2023 until 20 December 2024 or until their expiry date, whichever is earlier.

3 In application of paragraph 1, exporters shall ensure that the agreement with the third-country counterpart contains adequate remedies in the event of a breach of a contractual obligation concluded in accordance with paragraph 1.

4 If the third-country counterpart breaches any of the contractual obligations concluded in accordance with paragraph 1, exporters shall inform the competent authority of the Member State where they are resident or established as soon as they become aware of the breach.

5 Member States shall inform each other and the Commission of detected instances of a breach or circumvention of a contractual obligation concluded in accordance with paragraph 1.’

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