Council Regulation (EU) 2024/1745 of 24 June 2024 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine
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Article 1
‘6f By way of derogation from paragraphs 1, 2 and 4, the competent authorities may authorise, under such conditions as they deem appropriate, the export and transfer of the goods falling under CN code 9026 00 00, as listed in Part B of Annex XI, that are physically located in the Union as of 25 June 2024 for the purposes of maintenance or repairs, or the provision of related technical assistance, brokering services or other services, insurance or reinsurance, or financing or financial assistance, after having determined that it is strictly necessary for the functioning of the Sakhalin-2 (Сахалин-2) Project to ensure Japan’s energy security.’
‘1 It shall be prohibited for any aircraft operated by Russian air carriers, including as a marketing carrier in code-sharing or blocked-space arrangements, or for any Russian registered aircraft, or for any non-Russian-registered aircraft which is owned or chartered, or otherwise controlled by any Russian natural or legal person, entity or body, to land in, take off from or overfly the territory of the Union. The prohibition in this paragraph shall also apply to any other aircraft which is used for a non-scheduled flight and with regard to which a Russian natural or legal person, entity or body is in a position to effectively determine the place or time of its take-off or landing. The prohibition in this paragraph shall not apply to aircraft that have a maximum seating capacity of 4 persons and a maximum take-off mass of no more than 2000 kg when used for private, non-corporate, flights carried out within Union territory and airspace for recreational purposes or for the purpose of training for private pilot licences and related ratings with Union training providers.’
‘1a Without prejudice to paragraph 5, aircraft operators shall provide, for non-scheduled flights, information needed for the purpose of verifying compliance with paragraph 1, including among other information: (a) credible and satisfactory information regarding the actual ultimate beneficial owner of the aircraft and, where applicable, of the natural or legal person, entity or body ultimately chartering the aircraft; and (b) a general declaration, passenger manifest and other official documents displaying the full names, birth dates, birth places and nationalities of all passengers and the crew members, where reasonable grounds to suspect circumvention of the prohibition in paragraph 1 exist, based on factors such as routing and origin of the flight, or information about the relevant operator. The information shall be provided upon request of the competent authorities of the Member State of departure, destination or overflying. The information shall be provided in advance of landing in, taking off from or overflying the territory of the Union, within a deadline set by the competent authorities of the Member State or Member States concerned. Any processing of personal data pursuant to this paragraph shall be carried out in accordance with this Regulation and with Regulation (EU) 2016/679 of the European Parliament and of the Council and Regulation (EU) 2018/1725 of the European Parliament and of the Council and only in so far as necessary for the application of this Regulation.
‘1 It shall be prohibited to provide access, after 16 April 2022, to ports and, after 29 July 2022, to locks in the territory of the Union to any vessel registered under the flag of Russia, and for such vessels to access ports and locks, with the exception of access to locks for the purpose of leaving the territory of the Union.’
‘5c By way of derogation from paragraph 2, the competent authorities may authorise vessels that have changed their Russian flag to the flag of any other State prior to 16 April 2022, to access a port or a lock, under such conditions as they deem appropriate, after having determined that the vessel: (a) was declared abandoned under the law of a Member State prior to 24 February 2022; (b) was subject to a forced sale by the competent national authorities of a Member State prior to 24 February 2022; and (c) was physically located in the territory of a Member State at the time of the forced sale.’
‘6 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.’
‘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, 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.’
‘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, 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.’
‘3ce By way of derogation from paragraphs 1 and 2, the competent authorities may authorise, under such conditions as they deem appropriate, the import or transfer of goods that were physically located in Russia before the relevant prohibition entered into force in respect of those goods, falling under CN codes 8471, 8523, 8536 and 9027, as listed in Annex XXI, or the provision of related technical and financial assistance, after having determined that those goods are components of medical devices and are brought into the Union for the purpose of maintenance, repair or returning of defective components.
3cf With regard to the goods falling under CN codes 28042910 and 284540, the prohibitions in paragraphs 1 and 2 shall not apply to the execution until 26 September 2024 of contracts concluded before 25 June 2024, or of ancillary contracts necessary for the execution of such contracts.’
‘6 The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 3ab, 3c, and 3e within two weeks of the authorisation.’
‘3ad With regard to the goods falling under CN codes listed in Annex XXIIIC, the prohibitions in paragraphs 1 and 2 shall not apply to the execution until 26 September 2024 of contracts concluded before 25 June 2024, or of ancillary contracts necessary for the execution of such contracts.
3ae With regard to the goods falling under CN code 2602, the prohibitions in paragraphs 1 and 2 shall not apply to the execution until 26 July 2024 of contracts concluded before 25 June 2024, or of ancillary contracts necessary for the execution of such contracts.
3af With regard to the goods falling under CN codes 8481 80 and 8708 99, the prohibitions in paragraphs 1 and 2 shall not apply to the execution until 26 December 2024 of contracts concluded before 25 June 2024, or of ancillary contracts necessary for the execution of such contracts.’
‘4a The prohibitions in paragraphs 1, 1a and 2 shall not apply to the sale, supply, transfer or export of the goods and technology referred to in paragraph 1 or to the related provision of technical and financial assistance, for non-military use and for a non-military end-user, intended for 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.’
‘5d By way of derogation from paragraphs 1 and 2, the competent authorities of the Member States may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export of the goods and technology falling under CN codes 3917, 8421, 8471, 8523, 8536 and 8544, as listed in Annex XXIII, or the provision of related technical or financial assistance, after having determined that those goods or the provision of related technical or financial assistance are necessary for the purposes of maintenance or repair of medical devices.
5e By way of derogation from paragraphs 1 and 2, the competent authorities may authorise, under such conditions as they deem appropriate, the export and transfer of the goods falling under CN codes 8414 90 and 9026, as listed in Annex XXIII, that are physically located in the Union as of 25 June 2024 for the purpose of maintenance or repairs, or the provision of related technical assistance, brokering services or other services, or financing or financial assistance, after having determined that it is strictly necessary for the functioning of the Sakhalin-2 (Сахалин-2) Project to ensure Japan’s energy security.’
‘5a The competent authorities of the Member States may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export of the following goods, or the provision of related technical or financial assistance, after having determined that such goods or the provision of related technical or financial assistance are necessary for personal household use of natural persons in Russia: (a) goods falling under CN code 8417 20; (b) taps, cocks and valves falling under CN code 8481 80 that are designed for plumbing, heating, ventilation or air conditioning systems; (c) copper tubes, pipes and pipe fittings falling under CN codes 7411 or 7412 that have an internal diameter of up to 50 mm.’
‘5aa The competent authorities of the Member States may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export of the goods falling under CN code 3917 10, or the provision of related technical or financial assistance, after having determined that such goods are sold, supplied, transferred or exported strictly for the production of food items for human consumption in Russia.’
‘6 When deciding on requests for the authorisations referred to in paragraphs 5, 5a, 5aa, 5b, 5c and 5d the competent authorities shall not grant an authorisation for exports 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 goods might have a military end-use.’
‘1b It shall be prohibited for any legal person, entity or body established in the Union which is owned for 25 % or more by a Russian natural or legal person, entity or body to be admitted to become a road transport undertaking which transports goods by road within the territory of the Union, including in transit.
1c It shall be prohibited, as of 26 July 2024 for any road transport undertaking established in the Union after 8 April 2022, which is owned for 25 % or more by a Russian natural or legal person, entity or body to transport goods by road within the territory of the Union, including in transit.
1d Road transport undertakings established in the Union shall, upon request of the national competent authority of the Member State where they are established, supply information on their ownership structure to that national competent authority.
2a Paragraphs 1b and 1c shall not apply to road transport undertakings established in the Union which are owned for 25 % or more by Russian nationals who are also nationals of a Member State or who have a temporary or permanent residence permit in a Member State.’
‘4 It shall be prohibited, as of 1 September 2024, to purchase, import, or transfer, directly or indirectly, products listed in Parts A and B 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 0,5 carats or 0,1 grams per diamond. With regard to products listed in Part C of Annex XXXVIIIA, when processed in a third country, 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, the prohibition in this paragraph shall apply as from the date decided by the Council pursuant to a proposal submitted on the basis of Article 215 of the Treaty on the Functioning of the European Union’
‘8 For the purposes of paragraphs 3 and 4, goods falling under CN codes 7102 31 00 and 7102 10 00 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. A submission to that authority shall not be necessary provided that the goods had previously undergone the verification procedure provided for in this paragraph and provided that that is proven by traceability-based evidence, including a corresponding certificate certifying that the diamonds are not mined, processed or produced in Russia, as provided for in paragraph 10.’
‘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 March 2025, the traceability-based evidence for products listed in Part A of Annex XXXVIIIA shall include a corresponding certificate certifying that the diamonds are not mined, processed or produced in Russia.’
‘11 The prohibitions in paragraphs 1, 3 and 4 shall not apply to products listed in Parts A, B and C of Annex XXXVIIIA if those products were physically located in the Union before the date of applicability of the respective prohibition and thereafter exported to a third country other than Russia. At the moment of importation into the Union, importers shall provide evidence that the products were physically located in the Union or a certificate, based on a submitted stock declaration, from the authority specified in Annex XXXVIIIB prior to the export from the Union.
12 The prohibitions in paragraphs 1, 3 and 4 shall not apply to products listed in Parts A, B and C of Annex XXXVIIIA if those products were physically located, polished or manufactured in a third country other than Russia before the date of applicability of the respective prohibition. Importers shall, at the moment of importation into the Union, provide evidence that the products had initially been imported into the third country before the date of applicability of the respective prohibition for products falling under CN codes 7102 10 00, 7102 31 00 and 7104 21 00. For products falling under CN codes 7102 39 00 and 7104 91 00, as well as for products listed in Part C of Annex XXXVIIIA, importers shall, at the moment of importation, provide evidence that the products had been finally processed or manufactured in the third country, or had been physically located in a processed or manufactured state in the third country before the date of applicability of the respective prohibition.
13 The prohibitions in paragraphs 4 and 5 shall not apply to products listed in Part C of Annex XXXVIIIA manufactured before 1 September 2024, and related services if those products were temporarily imported into the Union from any third country or territory other than Russia, or imported after a temporary exportation to any third country or territory other than Russia, provided that those products were placed under the temporary admission, inward processing, outward processing or temporary export customs procedures when entering or exiting the Union.’
Article 3r
1 It shall be prohibited to provide reloading services in the territory of the Union for the purposes of transshipment operations of liquified natural gas falling under CN code 2711 11 00, originating in Russia or exported from Russia.
2 It shall be prohibited to provide, directly or indirectly, technical assistance, brokering services, financing or financial assistance related to the prohibition in paragraph 1.
3 By way of derogation from the prohibitions in paragraphs 1 and 2, the competent authorities may authorise reloading services for the purposes of transshipment operations of liquified natural gas falling under CN code 2711 11 00, originating in Russia or exported from Russia, if such reloading is necessary for its transport to a Member State and such Member State has confirmed that the transshipment is used to ensure the energy supply in that Member State.
4 In order to ensure compliance with the prohibitions in paragraphs 1 and 2, the competent authorities may establish rules and guidance at national level. Such rules and guidance shall include enhanced due diligence requirements in particular for the identification of reloading services provided for the purpose of transhipment operations, taking into account specificities of the national regulatory framework applicable to liquified natural gas facilities, previous business practices of shippers, the time between the unloading and reloading, indications of direct commercial connections between the unloading and reloading, including the purchase of new unloading and reloading services in bundle, and the country of registration of the economic operators involved.
5 The competent authorities shall inform the Commission, at the latest by 26 December 2024, of the rules and guidance established under paragraph 4, or that they do not intend to establish such rules.
6 The prohibitions in paragraphs 1 and 2 shall not apply until 26 March 2025 for the execution of contracts concluded before 25 June 2024.
7 Legal persons performing unloading operations of liquified natural gas falling under CN code 2711 11 00, originating in Russia or exported from Russia, shall inform by 26 July 2024 and every month thereafter the competent authority of the Member State where they are located of all unloading operations and imports into the Union of liquified natural gas, falling under CN code 2711 11 00, originating in Russia or exported from Russia. The reporting shall include information on volumes. The Member State concerned shall provide the Commission with the information received.
8 Paragraph 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 or for 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 The prohibitions in paragraphs 1 and 2 shall not apply to reloading services necessary for the bunkering of liquified natural gas fuelled vessels.
10 The Commission shall monitor liquefied natural gas flows, markets and prices, Union competitiveness, and the share of Russian liquefied natural gas imports in the total energy imports of the Union. It shall report to the Council in the event of any important developments linked to the prohibitions in paragraphs 1 and 2, and at the latest by 26 June 2025. The Council shall take those reports into account for the review of the restrictive measures.
11 In the event of important developments linked to the prohibitions in paragraphs 1 and 2, affecting liquefied natural gas flows, markets, prices, Union competitiveness or the share of Russian liquefied natural gas imports in the total energy imports of the Union, the Commission shall propose mitigating measures to the Council, accompanied by an assessment of their impact.
Article 3s
1 In relation to any vessel listed in Annex XLII, it shall be prohibited to, directly or indirectly: (a) provide access to ports, anchorage zones and locks in the territory of the Union, and for such a vessel to access them; (b) import into the Union, purchase or transfer such a vessel; (c) sell, supply, including charter, or export such a vessel; (d) operate or crew such a vessel; (e) provide flag registration for the benefit of such a vessel; (f) provide financing and financial assistance, including insurance, as well as brokering services, including ship brokering; (g) provide technical assistance and other services including bunkering, ship supply services, crew changes services, cargo loading and discharge services, fendering and tug services to the benefit of such a vessel; and (h) engage in ship-to-ship transfers or any other transfer of cargo with, or procure any services from, such a vessel.
2 Annex XLII shall include vessels that: (a) transport goods and technology used in the defence and security sector, from or to Russia, for use in Russia or for Russia’s warfare in Ukraine; (b) transport crude oil or petroleum products, as listed in Annex XXV, that originate in Russia or are exported from Russia while practicing irregular and high-risk shipping practices as set out in the International Maritime Organisation General Assembly resolution A.1192(33); (c) are operated in such a way as to contribute or support actions or policies for the exploitation, development or expansion of the energy sector in Russia, including energy infrastructure; (d) are operated in such a way as to contribute or support actions or policies which undermine or threaten the economic subsistence or food security of Ukraine, such as the transport of stolen Ukrainian grain, or the preservation of cultural heritage of Ukraine, such as the transport of stolen Ukrainian cultural goods; (e) transport goods originating in or exported from the Union listed in Annexes XI, XX and XXIII of this Regulation, or goods originating in Russia or exported from Russia and imported into the Union listed in Annex XXI of this Regulation and thereby enabling Russia’s actions destabilising the situation in Ukraine; (f) are operated in such a way as to facilitate or engage in the violation or circumvention or otherwise significantly frustrate the provisions of this Regulation or of Regulations (EU) No 269/2014, (EU) No 692/2014 or (EU) 2022/263; or (g) are owned, chartered or operated by natural or legal persons, entities or bodies listed in Annex I to Regulation (EU) No 269/2014, are otherwise used in the name of, on behalf of, in relation with or for the benefit of such persons.
3 Paragraph 1 shall not apply in the case of a vessel, as listed in Annex XLII, 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, or for humanitarian purposes, or for 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, or for the recognition or enforcement of a judgment or an arbitration award rendered in a Member State.
4 By way of derogation from points (a) and (g) of paragraph 1, the competent authorities of an island Member State may authorise a vessel listed in Annex XLII under paragraph 2(e), to access ports and anchorage zones, and receive services under paragraph 1(g) under such conditions as they deem appropriate, after having determined that: (a) the goods are strictly necessary to satisfy basic needs of that Member State; and (b) the import of such goods is not otherwise prohibited under this Regulation.
5 The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 4 within two weeks of the authorisation.
Article 3t
1 It shall be prohibited to sell, supply, transfer, or export, directly or indirectly, goods and technology and to provide, directly or indirectly, services to any natural or legal person, entity or body in Russia when such goods, technology and services are for the completion of liquefied natural gas projects, such as terminals and plants.
2 It shall be prohibited to: (a) provide, directly or indirectly, technical assistance or brokering services related to goods, technology and services in Russia when such goods, technology and services are intended for the completion of such liquefied natural gas projects; (b) provide, directly or indirectly, financing or financial assistance related to goods, technology and services in Russia when such goods, technology and services are intended for the completion of such liquefied natural gas projects.
3 The prohibitions in paragraphs 1 and 2 shall be without prejudice to the execution until 26 September 2024 of contracts concluded before 25 June 2024, or ancillary contracts necessary for the execution of such contracts.
Article 3u
1 It shall be prohibited to purchase, import or transfer, directly or indirectly, liquified natural gas falling under CN code 2711 11 00, originating in Russia or exported from Russia, through liquefied natural gas terminals in the Union that are not connected to the interconnected natural gas system.
2 It shall be prohibited to provide, directly or indirectly, technical assistance, brokering services, financing or financial assistance or any other services related to the prohibition in paragraph 1.
3 The prohibitions in paragraphs 1 and 2 shall not apply until 26 July 2024 to contracts concluded before 25 June 2024 or ancillary contracts necessary for the execution of such contracts.
4 The prohibitions in paragraphs 1 and 2 shall not affect the supply of liquefied natural gas of Russian origin from the mainland of a Member State to its outermost regions.
Article 3v
1 It shall be prohibited to purchase, import, transfer, sell, supply or export, directly or indirectly, Ukrainian cultural property goods and other goods of archaeological, historical, cultural, rare scientific or religious importance, where there are reasonable grounds to suspect that the goods have been removed from Ukraine without the consent of their legitimate owner or have been removed in breach of Ukrainian law or international law, in particular if the goods form an integral part of the public collections listed in the inventories of the conservation collections of Ukrainian museums, archives or libraries, or of the inventories of Ukrainian religious institutions.
2 It shall be prohibited to provide, directly or indirectly, technical assistance, brokering services, financing or financial assistance or any other services related to the prohibition in paragraph 1.
3 The prohibition in paragraphs 1 and 2 shall not apply if it is demonstrated that: (a) the goods were exported from Ukraine prior to 1 March 2014; or (b) the goods are being safely returned to their legitimate owners in Ukraine.’
Article 5ab
1 It shall be prohibited to directly or indirectly engage in any transaction with a legal person, entity or body referred to in point (a), (b) or (c), of Article 11(1) that lodged a claim before a Russian court against a natural or a legal person, entity or body referred to in point (c) or (d) of Article 13 to obtain an injunction, order, relief, judgment or other Court decision pursuant to Article 248 of the Arbitration Procedure Code of the Russian Federation or equivalent Russian legislation, in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by the measures imposed under this Regulation or under Regulation (EU) No 269/2014, as listed in Annex XLIII.
2 Unless otherwise prohibited, the prohibition in paragraph 1 shall not apply to transactions that are: (a) necessary for the purchase, import or transport of pharmaceutical, medical or agricultural and food products, including wheat and fertilisers, whose purchase, import and transport is allowed under this Regulation; (b) strictly necessary to ensure access to judicial, administrative or arbitral proceedings in a Member State, as well as for the recognition or enforcement of a judgment or an arbitration award rendered in a Member State, provided that such transactions are consistent with the objectives of this Regulation and Regulation (EU) No 269/2014; (c) without prejudice to point (b) of this paragraph, strictly necessary to recover damages pursuant to: (i) Article 11a or 11b of this Regulation; or (ii) Article 11a of Regulation (EU) No 269/2014.
Article 5ac
1 It shall be prohibited, as from 25 June 2024 for legal persons, entities or bodies established in the Union and operating outside of Russia to directly connect to the System for Transfer of Financial Messages (SPFS) of the Central Bank of Russia or equivalent specialised financial messaging services set up by the Central Bank of Russia.
2 It shall be prohibited to engage, directly or indirectly, in any transaction with a legal person, entity or body established outside Russia as listed in Annex XLIV. Annex XLIV shall include the legal persons, entities or bodies established outside Russia that use the SPFS of the Central Bank of Russia or equivalent specialised financial messaging services set up by the Central Bank of Russia or the Russian State and that, by such use, (i) increase Russia’s financial resilience and (ii) support the circumvention of the prohibitions in this Regulation and Regulation (EU) No 269/2014.
3 The prohibitions in paragraphs 1 and 2 shall not apply to the execution until 26 September 2024 of contracts concluded with a legal person, entity or body listed in Annex XLIV before 24 March 2024, or of ancillary contracts necessary for the execution of such contracts.
4 The prohibition in paragraphs 1 and 2 shall not apply to the reception of payments due by a legal person, entity or body listed in Annex XLIV pursuant to contracts performed before 24 March 2024.
5 The prohibition in paragraph 1 shall not apply to transactions that are: (a) strictly necessary for the direct or indirect purchase, import or transport of natural gas, titanium, aluminium, copper, nickel, palladium and iron ore from or through Russia into the Union, a country member of the European Economic Area, Switzerland, or the Western Balkans; (b) strictly necessary for the direct or indirect purchase, import or transport of oil, including refined petroleum products, from or through Russia, unless prohibited under Article 3m or 3n; (c) necessary for the purchase as well as import and transport into the Union of pharmaceutical, medical or agricultural and food products, including wheat and fertilisers, whose purchase as well as import and transport into the Union is allowed under this Regulation; (d) necessary for the repayment of a debt due to a national of a Member State or a legal person, entity or body established in the Union; (e) necessary for the payment of a pension scheme to a person established in the Union; or (f) necessary for a payment from or to the Jewish Claims conference.
6 The prohibition in paragraph 2 shall not apply to transactions that are: (a) necessary for the purchase, export, supply, sale, transfer or transport of pharmaceutical, medical or agricultural and food products, including wheat and fertilisers, whose purchase, export, supply, sale, transfer or transport is allowed under this Regulation and is necessary for addressing food security in third countries; (b) strictly necessary to ensure access to judicial, administrative or arbitral proceedings in a Member State, as well as for the recognition or enforcement of a judgment or an arbitration award rendered in a Member State, provided that such transactions are consistent with the objectives of this Regulation and Regulation (EU) No 269/2014; (c) necessary for 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; (d) necessary for the repayment of a debt due to a national of a Member State or a legal person, entity or body established in the Union; (e) dependent on the involvement of a legal person, entity or body listed in Annex XLIV to provide correspondent banking services; or (f) necessary for effecting payment by a national of a Member State or a legal person, entity or body established in the Union under a loan agreement concluded by a Member State.
Article 5ad
1 It shall be prohibited to directly or indirectly engage in any transaction with: (a) a legal person, entity or body established outside of the Union that is a credit or financial institution or an entity providing crypto assets services involved in transactions that facilitate, directly or indirectly, the export, sale, supply, transfer or transport to Russia of dual-use goods and technology, goods or technology as listed in Annexes VII, XI, XX and XXXV to this Regulation, common high priority items as listed in Annex XL to this Regulation, and firearms and ammunition as listed in Annex I to Regulation (EU) No 258/2012, as listed in Annex XLV to this Regulation; or (b) a legal person, entity or body acting on behalf or at the direction of an entity referred to in point (a) of this paragraph.
2 The prohibition in paragraph 1 shall not apply to transactions that are: (a) necessary for the export, sale, supply, transfer or transport of pharmaceutical, medical or agricultural and food products, including wheat and fertilisers, whose export, sale, supply, transfer or transport to Russia is allowed under this Regulation; (b) strictly necessary to ensure access to judicial, administrative or arbitral proceedings in a Member State, as well as for the recognition or enforcement of a judgment or an arbitration award rendered in a Member State, provided that such transactions are consistent with the objectives of this Regulation and Regulation (EU) 269/2014; or (c) necessary for 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.’
Article 5s
1 Intellectual property offices and other competent institutions constituted under the law of a Member State or the Union shall not accept: (a) new applications for registration of trademarks, patents, industrial designs, utility models, protected designations of origin, and geographical indications filed by Russian nationals or natural persons residing in Russia, or by legal persons, entities or bodies established in Russia, including if jointly filed by a Russian national or natural persons residing in Russia, legal persons, entities or bodies established in Russia with one or more non-Russian natural or legal person resident or established outside of Russia; (b) any requests or submission filed by Russian nationals or natural persons residing in Russia, or by legal persons, entities or bodies established in Russia during the registration procedures before such intellectual property offices related to any of the intellectual property rights referred to in point (a).
2 Member States, in their capacity as Contracting States to the Convention on the Grant of European Patents of 5 October 1973, as revised on 17 December 1991 and on 29 November 2000 (the “EPC”) and in fulfilling their international obligations undertaken in the EPC, shall use best efforts to ensure that the European Patent Office refuses requests for unitary effect within the meaning of Regulation (EU) No 1257/2012 of the European Parliament and of the Council that are filed by Russian nationals or natural persons residing in Russia, or by legal persons, entities or bodies established in Russia, including if jointly filed by a Russian national or natural persons residing in Russia, legal persons, entities or bodies established in Russia with one or more non-Russian natural or legal person resident or established outside of Russia.
3 Member States in their capacity as Contracting States to the EPC and in fulfilling their international obligations undertaken in the EPC shall use best efforts to ensure that the European Patent Office does not accept new applications for registration of European patent applications that are filed by Russian nationals or natural persons residing in Russia, or by legal persons, entities or bodies established in Russia, including if jointly filed by a Russian national or natural persons residing in Russia, legal persons, entities or bodies established in Russia with one or more non-Russian natural or legal person resident or established outside of Russia.
4 Member States and, where applicable, the Union, when acting under the Convention Establishing the World Intellectual Property Organisation of 14 July 1967 and as amended on 28 September 1979 (WIPO) shall use best efforts to ensure that WIPO or intellectual property offices constituted under the law of a Member State or the Union, or the European Patent Office, do not accept new applications for such rights by any Russian nationals or natural persons residing in Russia, or by legal persons, entities or bodies established in Russia, including if jointly filed by a Russian national or natural persons residing in Russia, legal persons, entities or bodies established in Russia with one or more non-Russian natural or legal person resident or established outside of Russia.
5 Paragraphs 1 to 4 shall not apply to nationals of a Member State, of a country member of the European Economic Area or of Switzerland, or to natural persons having a temporary or permanent residence permit in a Member State, in a country member of the European Economic Area or in Switzerland.
Article 5t
1 It shall be prohibited to accept donations, economic benefits or support, including financing and financial assistance, directly or indirectly, from: (a) the Government of Russia; (b) a legal person, entity or body established in Russia that is publicly controlled or with over 50 % public ownership; (c) a legal person, entity or body established outside the Union whose proprietary rights are directly or indirectly owned for more than 50 % by an entity referred to in point (a) or (b); or (d) a natural or legal person, entity or body acting on behalf or at the direction of an entity referred to in point (a), (b) or (c).
2 Paragraph 1 shall only apply to: (a) European political parties and European political foundations, as defined in Regulation (EU) No 1141/2014 of the European Parliament and of the Council ; (b) political parties and political alliances, as defined in Regulation (EU) No 1141/2014, without prejudice to fundamental principles of constitutional nature, as applied in the Member States, governing the functioning of such political parties and alliances; (c) non-governmental organisations established or registered in accordance with the law of a Member State; and (d) media service providers, as defined in Regulation (EU) 2024/1083 of the European Parliament and of the Council , established in a Member State, without prejudice to fundamental principles of constitutional nature, as applied in the Member States, related to freedom of the press and freedom of expression.
3 By way of derogation from paragraph 1, the competent authorities may authorise, under such conditions as they deem appropriate, the acceptance of donations, economic benefits or support, including financing and financial assistance, by the entities referred to in points (c) and (d) of paragraph 2, provided that such acceptance would in no way interfere with the democratic processes in the Union or undermine its democratic foundations, including through influence campaigns and the promotion of disinformation, aimed at undermining the territorial integrity, sovereignty and independence of Ukraine and through propaganda actions in support of Russia’s military aggression against Ukraine.
4 The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 3 within two weeks of the authorisation.
Article 8a
Natural and legal persons, entities and bodies shall undertake their best efforts to ensure that any legal person, entity or body established outside the Union that they own or control does not participate in activities that undermine the restrictive measures provided for in this Regulation.’
Article 11a
Any person referred to in point (c) or (d) of Article 13 shall be entitled to recover, in judicial proceedings before the competent courts of the Member State, any damages, including legal costs, incurred by that person as a consequence of claims lodged with courts in third countries by persons, entities and bodies referred to in point (a), (b) or (c) of Article 11(1), in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by the measures imposed under this Regulation, provided that the person concerned does not have effective access to the remedies under the relevant jurisdiction.
Article 11b
1 Any person referred to in point (c) or (d) of Article 13 shall be entitled to recover, in judicial proceedings before the competent courts of the Member State, any damages, including legal costs, caused to that person by any persons, entities and bodies referred to in point (a), (b) or (c) of Article 11(1) that benefited from a decision pursuant to the Decree of the President of the Russian Federation No. 302 of 25 April 2023 as subsequently amended, or Russian legislation related or equivalent to it, provided that such decision is illegal under international customary law or under a bilateral investment treaty entered between a Member State and Russia, and that the person concerned does not have effective access to the remedies under the relevant jurisdiction.
2 Member States shall not be liable for judicial decisions rendered in accordance with paragraph 1 or for the enforcement of such decisions. Member States shall not comply with judgments, arbitral awards, including investor-State arbitral awards, or other judicial decisions which hold them liable contrary to the first sentence of this paragraph.’
Article 12
It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent prohibitions in this Regulation, including by participating in such activities without deliberately seeking that object or effect but being aware that the participation may have that object or effect and accepting that possibility.’
Article 12g
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: (a) the execution of contracts relating to goods falling under CN codes 8457 10, 8458 11, 8458 91, 8459 61, 8466 93, as listed in Annex XL; (b) the execution of contracts concluded before 19 December 2023 and relating to goods other than those referred to in point (a), until 1 January 2025 or until their expiry date, whichever is earlier.
2a Paragraph 1 shall not apply to public contracts concluded with a public authority in a third country or with an international organisation.
2b Exporters shall inform the competent authority of the Member State where they are resident or established of any public contract they concluded that benefited from the exemption under paragraph 2a, within 2 weeks of its conclusion. The Member State concerned shall inform the other Member States and the Commission of any information received under this paragraph within 2 weeks of its receipt.
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.’
Article 12ga
1 When selling, licensing or transferring in any other way intellectual property rights or trade secrets as well as granting rights to access or re-use any material or information protected by intellectual property rights or protected as trade secret related to the common high priority items as listed in Annex XL to this Regulation, natural and legal persons, entities and bodies shall, as of 26 December 2024, contractually prohibit their third-country counterparts, and require them to prohibit possible sublicensees of such intellectual property rights or trade secret, from using such intellectual property rights, trade secrets or other information in connection with common high priority items as listed in Annex XL to this Regulation that are intended for sale, supply, transfer or export, directly or indirectly, to Russia or for use in Russia.
2 Paragraph 1 shall not apply to the execution of contracts concluded before 25 June 2024 until 26 June 2025 or until their expiry date, whichever is earlier.
3 In application of paragraph 1, natural and legal persons, entities and bodies 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, natural and legal persons, entities and bodies 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.
Article 12gb
1 Natural and legal persons, entities and bodies that sell, supply, transfer or export common high priority items as listed in Annex XL to this Regulation shall, as of 26 December 2024. (a) take appropriate steps, proportionately to their nature and size, to identify and assess the risks of exportation to Russia and exportation for use in Russia for such goods or technology, and ensure that those risk assessments are documented and kept up-to-date; (b) implement appropriate policies, controls and procedures, proportionately to their nature and size, to mitigate and manage effectively the risks of exportation to Russia and exportation for use in Russia for such goods or technology, whether those risks were identified at their level or at the level of the Member State or of the Union.
2 Paragraph 1 shall not apply to natural and legal persons, entities and bodies that sell, supply or transfer common high priority items as listed in Annex XL only within the Union or to partner countries listed in Annex VIII to this Regulation.
3 Natural and legal persons, entities and bodies shall, as of 26 December 2024, ensure that any legal person, entity or body established outside the Union that they own or control and that sells, supplies, transfers or exports common high priority items as listed in Annex XL implements the requirements in points (a) and (b) of paragraph 1.
4 Paragraph 3 shall not apply where, due to reasons that it did not cause itself, a natural or legal person, entity or body is not able to exercise control over the legal person, entity or body that it owns.’
Article 12h
With regard to the Paks II project, the prohibitions in this Regulation shall not apply to activities 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, provided that any such activity has been notified by natural and legal persons, entities and bodies within two weeks of its start to the competent authority of the Member State where they are resident, located, established or incorporated. The Member State concerned shall inform the other Member States and the Commission of any information received under this Article within 2 weeks of its receipt.’
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
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