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Council Decision (CFSP) 2025/1495 of 18 July 2025 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

CELEX
32025D1495
Document type
DEC
Sector
Legislation
Date of document
2025-07-18
In force since
2025-07-20
End of validity
2027-07-31
Status
In force

Text

Article-level text, parsed from the formex manifestation.

Article 1

‘2f The prohibition in paragraph 1 shall not apply with regard to entities established in the Union and acting on behalf of or at the direction of entities referred to in paragraph 1, point (a) or (b), provided that: (a) competent authorities have imposed a public trusteeship or similar public firewall measure on such an entity; or (b) a similar firewall measure is authorised by competent authorities in order to ensure their continued functioning and compliance with restrictive measures.’

‘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 XVIII. Annex XVIII 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.’

Article 1ae

1 It shall be prohibited to directly or indirectly engage in any transaction with a legal person, entity or body established outside of the Union that: (a) is a credit or financial institution or an entity providing crypto assets services that is significantly frustrating the purpose of the prohibitions in this Decision and Decision 2014/145/CFSP, and in Regulations (EU) No 833/2014 and (EU) No 269/2014, as listed in Part A of Annex XIX to this Decision; (b) is a credit or financial institution or an entity providing crypto assets services that supports Russia’s war of aggression against Ukraine, including by processing transactions or providing export financing for trade operations that frustrate the purpose of this Decision, as listed in Part B of Annex XIX to this Decision; (c) is not a credit or financial institution or an entity providing crypto assets services and is significantly frustrating the purpose of the prohibitions set out in Articles 4o, 4p and 4x of this Decision, as listed in Part C of Annex XIX to this Decision.

2 The prohibition in paragraph 1 shall apply to a legal person, entity or body acting on behalf or at the direction of an entity referred to in points (a), (b) and (c) of paragraph 1.

3 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 Decision; (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 Decision and Decision 2014/145/CFSP, and of Regulations (EU) No 833/2014 and (EU) No 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 1ag

1 It shall be prohibited to engage, directly or indirectly, in any transaction in connection with the natural gas pipelines Nord Stream and Nord Stream 2, with regard to the completion, operation, maintenance, or use of the pipelines. In addition, it shall be prohibited to engage, directly or indirectly, in any transaction in connection with the financing concerning the completion, operation or use of the pipelines.

2 The prohibitions in paragraph 1 shall not apply to transactions that are strictly necessary for the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety, maritime shipping or the environment or as a response to natural disasters.

3 By way of derogation from paragraph 1, the competent authorities may authorise transactions that are strictly necessary: (a) for the wind-down or restructuring of a legal person, entity or body in connection with the natural gas pipelines Nord Stream and Nord Stream 2 where this is necessary to ensure that the natural gas pipelines Nord Stream and Nord Stream 2 will not be used; (b) to claim compensation, recoveries or any other means, from any natural or legal person, entity or body in connection with the natural gas pipelines Nord Stream and Nord Stream 2; (c) to effect and receive payments or recoveries that are due or become due under or in connection with court orders, financings, insurance, warrants or any other contracts or agreements in connection with the natural gas pipelines Nord Stream and Nord Stream 2 that were entered into before 20 July 2025; (d) for a settlement, or judicial or arbitration proceedings in connection with the natural gas pipelines Nord Stream and Nord Stream 2; (e) for regular maintenance services which are strictly necessary to prevent environmental and safety risks or a negative impact on the fisheries sector. Before issuing such an authorisation, the competent authorities shall provide the Commission with a draft thereof. Within 30 days of receipt of that draft, the Commission may issue an opinion to the competent authorities stating that the envisaged transaction would be prejudicial to the Union’s interests. The Commission shall inform the Council of such an opinion.

4 Operators shall inform the competent authority of the Member State where they are incorporated or under whose law they are constituted of any transaction concluded pursuant to paragraph 2 within two weeks of its conclusion. The Member State concerned shall inform the other Member States and the Commission of any information received pursuant to this paragraph within two weeks of its receipt.

5 The Member State concerned shall inform the other Member States and the Commission of any authorisation granted pursuant to paragraph 3 within two weeks of the authorisation.

Article 1ah

1 It shall be prohibited to directly or indirectly engage in any transaction with: (a) the Russian Direct Investment Fund; (b) a legal person, entity, or body owned or controlled by the Russian Direct Investment Fund; (c) a legal person, entity or body established outside of the Union in which an entity referred to in point (a) or (b) has made, directly or indirectly, a significant investment, as listed in Annex XXII to this Decision; (d) a legal person, entity or body established outside of the Union providing investment services or other financial services to an entity referred to in point (a), (b) or (c), as listed in Annex XXIII to this Decision; (e) a legal person, entity or body acting on behalf or at the direction of an entity referred to in point (a), (b), (c) or (d).

2 By way of derogation from paragraph 1, the competent authorities may authorise transactions that are strictly necessary for the purchase, import or transport of pharmaceutical and medical products, the import, purchase and transport of which is allowed under this Decision.

3 By way of derogation from paragraph 1, the competent authorities may authorise until 31 December 2026, under such conditions as they deem appropriate, transactions which are strictly necessary for the divestment and withdrawal from Russia or the wind-down of business activities in Russia.

4 The Member State concerned shall inform the other Member States and the Commission of any authorisation granted pursuant to paragraph 2 or 3 within two weeks of the authorisation.’

Article 4oa

1 It shall be prohibited, as of 21 January 2026, to purchase, import or transfer, directly or indirectly into the Union, petroleum products falling under CN code 2710 obtained in a third country from crude oil falling under CN code 270900 originating in Russia. For the purposes of the application of this paragraph, at the moment of importation, importers shall provide evidence of the country of origin of the crude oil used for the refining of the product in a third country unless the product is imported from a partner country listed in Annex XXIV. Petroleum products imported from third countries which were net exporters of crude oil in the previous calendar year shall be considered to have been obtained from domestic crude oil and not from crude oil originating in Russia, unless a competent authority has reasonable grounds to believe that they have been obtained from Russian crude oil.

2 It shall be prohibited to provide, directly or indirectly, technical assistance, brokering services, financing or financial assistance, as well as insurance and re-insurance, related to the prohibition in paragraph 1.’

Article 7b

Any Member State shall, where applicable, take any appropriate measures to recover or be entitled to recover, in judicial proceedings before the competent courts of a Member State, any direct or indirect damages, including legal costs, incurred by that Member State as a consequence of investor-State dispute settlement proceedings brought against a Member State in connection with measures imposed under this Decision and Decision 2014/145/CFSP, and Regulations (EU) No 833/2014 and (EU) No 269/2014. The Member State shall, where applicable, be entitled to recover such damages from any persons, entities or bodies referred to in Article 7(1), point (a), (b) or (c), of this Decision, which initiated, intervened or participated in the investor-State dispute settlement or which seek to enforce any award, decision or judgment related to the investor-State dispute settlement and persons, entities or bodies that own or control any of those persons, entities or bodies. Where applicable, the Union shall be entitled to recover any damages incurred by it under the same conditions.

Article 7c

Member States shall raise any available objection to the recognition and enforcement of arbitral awards that were rendered against them in investor-State dispute settlement proceedings in connection with measures imposed under this Decision or Decision 2014/145/CFSP, or Regulations (EU) No 833/2014 and (EU) No 269/2014.’

Article 8c

The Council, acting by unanimity on the basis of Articles 29 and 30 of the Treaty on European Union, shall amend Annexes I, II, III, IV, V, VI, VIII, IX, X, XI, XIV, XVI, XVII, XVIII, XIX, XX, XXI, XXII, XXIII and XXIV.’

Article 2

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

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