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Council Regulation (EU) 2025/395 of 24 February 2025 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

CELEX
32025R0395
Document type
REG
Sector
Legislation
Date of document
2025-02-24
In force since
2025-02-25
Status
In force

Text

Article-level text, parsed from the formex manifestation.

Article 1

‘3 Without prejudice to the authorisation requirements pursuant to Regulation (EU) 2021/821, the prohibitions in paragraphs 1 and 2 of this Article shall not apply to the sale, supply, transfer or export of dual-use goods and technology or to the related provision of technical and financial assistance, for non-military use and for a non-military end-user, that is intended for: (a) humanitarian purposes, 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; or (b) medical or pharmaceutical purposes, provided that they are not listed in Annex XL to this Regulation. The exporter shall declare in the customs declaration that the items are being exported under the relevant exemption set out in this paragraph and shall notify the competent authority of the Member State where the exporter is resident or established of the first use per recipient in Russia of the relevant exemption.

3a Without prejudice to the authorisation requirements pursuant to Regulation (EU) 2021/821, the prohibition in paragraph 1a of this Article shall not apply to the transit via the territory of Russia of dual-use goods and technology intended for the purposes set out in paragraph 3 of this Article.’

‘3b Member States shall provide for reporting requirements attached to the use of exemptions under paragraph 3 and any additional information on items exported under those exemptions that the Member State where the exporter is resident or established requires.’

‘4 By way of derogation from paragraphs 1 and 2 of this Article, and without prejudice to the authorisation requirements pursuant to Regulation (EU) 2021/821, the competent authorities may authorise the sale, supply, transfer or export of dual-use goods and technology or the provision of related technical or financial assistance, for non-military use and for a non-military end user, after having determined that such goods or technology or the related technical or financial assistance are intended for: (b) intergovernmental cooperation in space programmes; (c) the operation, maintenance, fuel reprocessing and safety of civil nuclear capabilities, as well as civil nuclear cooperation, in particular in the field of research and development; (d) maritime safety; (e) civilian non-publicly available electronic communications networks which are not the property of an entity that is publicly controlled or with over 50 % public ownership; (f) the exclusive use of entities owned, or solely or jointly controlled by a legal person, entity or body which is incorporated or constituted under the law of a Member State or of a partner country; (g) the diplomatic representations of the Union, Member States and partner countries, including delegations, embassies and missions; (h) ensuring cyber-security and information security for natural and legal persons, entities and bodies in Russia except for its government and undertakings directly or indirectly controlled by that government; (i) software updates; (j) use as consumer communication devices; or (k) medical or pharmaceutical purposes, provided that they are listed in Annex XL to this Regulation.

4a By way of derogation from paragraph 1a, and without prejudice to the authorisation requirements pursuant to Regulation (EU) 2021/821, the competent authorities may authorise the transit via the territory of Russia of dual-use goods and technology after having determined that such goods or technology are intended for the purposes set out in points (b), (c), (d) (h), and (k) of paragraph 4 of this Article.’

‘7 When deciding on requests for authorisations referred to in paragraphs 4 and 5, the competent authorities shall not grant an authorisation if they have reasonable grounds to believe that: (i) the end-user might be a military end-user, a natural or legal person, entity or body in Annex IV or that the goods might have a military end-use, unless the sale, supply, transfer or export of goods and technology referred to in paragraph 1 of this Article or the provision of related technical or financial assistance is allowed under point (a) of Article 2b(1b); (ii) the sale, supply, transfer or export of goods and technology referred to in paragraph 1 of this Article or the provision of related technical or financial assistance is intended for aviation or the space industry; or (iii) the sale, supply, transfer or export of goods and technology referred to in paragraph 1 of this Article or the provision of related technical or financial assistance is intended for the energy sector, unless such a sale, supply, transfer or export or the related technical or financial assistance is allowed under the exceptions referred to in paragraphs 3 to 6 of Article 3.’

‘3 The prohibitions in paragraphs 1 and 2 shall not apply to the sale, supply, transfer or export of the goods and technology or to the related provision of technical and financial assistance, for non-military use and for a non-military end-user, that is intended for: (a) humanitarian purposes, 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; or (b) medical or pharmaceutical purposes, provided that they are not listed in Annex XL to this Regulation. The exporter shall declare in the customs declaration that the items are being exported under the relevant exemption set out in this paragraph and shall notify the competent authority of the Member State where the exporter is resident or established of the first use per recipient in Russia of the relevant exemption.

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 paragraph 3.’

‘3b Member States shall provide for reporting requirements attached to the use of exemptions under paragraph 3 and any additional information on items exported under those exemptions that the Member State where the exporter is resident or established requires.’

‘4 By way of derogation from paragraphs 1 and 2 of this Article, the competent authorities may authorise the sale, supply, transfer or export of goods and technology listed in Annex VII or the provision of related technical or financial assistance, for non-military use and for a non-military end user, after having determined that such goods or technology or the related technical or financial assistance are intended for: (b) intergovernmental cooperation in space programmes; (c) the operation, maintenance, fuel reprocessing and safety of civil nuclear capabilities, as well as civil nuclear cooperation, in particular in the field of research and development; (d) maritime safety; (e) civilian non-publicly available electronic communications networks which are not the property of an entity that is publicly controlled or with over 50 % public ownership; (f) the exclusive use of entities owned, or solely or jointly controlled by a legal person, entity or body which is incorporated or constituted under the law of a Member State or of a partner country; (g) the diplomatic representations of the Union, Member States and partner countries, including delegations, embassies and missions; (h) ensuring cyber-security and information security for natural and legal persons, entities and bodies in Russia except for its government and undertakings directly or indirectly controlled by that government; (i) 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; (j) software updates; (k) use as consumer communication devices; or (l) medical or pharmaceutical purposes, provided that they are listed in Annex XL to this Regulation.

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), (h) and (l) of paragraph 4 of this Article.’

‘7 When deciding on requests for authorisations referred to in paragraphs 4 and 5, the competent authorities shall not grant an authorisation if they have reasonable grounds to believe that: (i) the end-user might be a military end-user, a natural or legal person, entity or body in Annex IV or that the goods might have a military end-use, unless the sale, supply, transfer or export of goods and technology referred to in paragraph 1 of this Article or the provision of related technical or financial assistance is allowed under point (a) of Article 2b(1b); (ii) the sale, supply, transfer or export of goods and technology referred to in paragraph 1 of this Article or the provision of related technical or financial assistance is intended for aviation or the space industry; or (iii) the sale, supply, transfer or export of goods and technology referred to in paragraph 1 of this Article or the provision of related technical or financial assistance is intended for the energy sector, unless such a sale, supply, transfer or export or the related technical or financial assistance is allowed under the exceptions referred to in paragraphs 3 to 6 of Article 3.’

‘1 It shall be prohibited to sell, supply, transfer or export, directly or indirectly, dual-use goods and technology, as well as goods and technology listed in Annex VII, whether or not originating in the Union, to any natural or legal person, entity or body listed in Annex IV.’

‘1a 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 listed in Annex IV; (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 listed in Annex IV; (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 listed in Annex IV.

1b By way of derogation from paragraphs 1 and 1a of this Article, and without prejudice to the authorisation requirements pursuant to Regulation (EU) 2021/821, the competent authorities may allow the sale, supply, transfer or export of dual-use goods and technology, as well as goods and technology as listed in Annex VII, or the provision of related technical or financial assistance only after having determined that: (a) such goods or technology or the related technical or financial assistance are necessary 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 (b) such goods or technology or the related technical or financial assistance are due under contracts concluded before 26 February 2022, or ancillary contracts necessary for the execution of such a contract, provided that the authorisation is requested before 1 May 2022.’

‘1 The competent authorities shall, without delay, 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.’

‘2a By way of derogation from paragraph 1, the competent authorities may authorise, under such conditions as they deem appropriate, the provision of public financing or financial assistance up to the total value of EUR 10000000 per project benefiting small and medium-sized enterprises established in the Union.’

‘5 The Member State or Member States concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 2a and 4 within two weeks of the authorisation.’

‘1a It shall be prohibited to sell, supply, transfer, export or provide, directly or indirectly, software as listed in Annex II to any natural or legal person, entity or body in Russia, including its Exclusive Economic Zone and Continental Shelf, or for use in Russia, including its Exclusive Economic Zone and Continental Shelf.’

‘2 It shall be prohibited to: (a) provide technical assistance, brokering services or other services related to the goods and technology referred to in paragraphs 1 and 1a 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 Russia, or for use in Russia; (b) provide financing or financial assistance related to the goods and technology referred to in paragraphs 1 and 1a 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 Russia, or for use in Russia; (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 paragraphs 1 and 1a 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 Russia or for use in Russia.’

‘3a The prohibitions in paragraph 1a shall not apply to the sale, supply, transfer, export or provision of software that is necessary for the execution until 26 May 2025 of contracts concluded before 25 February 2025, or of ancillary contracts necessary for the execution of such contracts.’

‘6 By way of derogation from paragraphs 1, 1a and 2, the competent authorities may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export and the provision of technical or financial assistance, after having determined that:’

‘3b By way of derogation from paragraph 2, the competent authorities may authorise mining and quarrying activities that yield their highest value from, or have as their primary objective, the production of any of the materials listed in Annex XXX.’

‘4 The Member State or Member States concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 3, 3a and 3b within two weeks of the authorisation.’

‘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. Without prejudice to the rules laid down in Commission Implementing Regulation (EU) No 923/2012 with regard to the submission of a flight plan for flights across borders, the prohibition in this paragraph shall not apply to manned 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-commercial, 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.

‘1b It shall be prohibited for air carriers operating domestic flights within Russia or selling, supplying, transferring or exporting, directly or indirectly, aircraft, or any of the goods or technology referred to in Article 3c(1) to a Russian air carrier or for flights within Russia, as listed in Annex XLVI, as well as for any entity owned or controlled by such air carrier, to land in, take off from or overfly the territory of the Union.’

‘2 Paragraphs 1 and 1b shall not apply in the case of an emergency landing or an emergency overflight.’

‘3 By way of derogation from paragraphs 1 and 1b, the competent authorities may authorise an aircraft to land in, take off from or overfly the territory of the Union if the competent authorities have determined that such landing, take-off or overflight is required for humanitarian purposes or for any other purpose consistent with the objectives of this Regulation.’

‘3a By way of derogation from paragraph 1 of this Article, unmanned aircraft operated in the “open” category, as defined in Article 4 of Commission Implementing Regulation (EU) 2019/947 , and used for private, non-commercial, non-corporate flights carried out within Union territory and airspace for recreational purposes, may be authorised by the competent authorities, under such conditions as they deem appropriate, to land in, take off from or overfly the territory of the Union.

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

‘3cg With regard to the goods falling under the CN code 7601, the prohibitions in paragraphs 1 and 2 shall not apply to the import, purchase or transport, or related technical or financial assistance, necessary for the import into the Union of 275000 metric tonnes of such goods between 25 February 2025 and 26 February 2026.

3ch With regard to the goods falling under CN code 7601, the prohibitions in paragraphs 1 and 2 shall not apply to the execution from 26 February 2026 until 31 December 2026 of contracts concluded before 25 February 2025, or of ancillary contracts necessary for the execution of such contracts, for a total volume of imports into the Union during that period not exceeding 50000 metric tonnes of such goods.’

‘3e By way of derogation from paragraphs 1 and 2 of this Article, the competent authorities may authorise the purchase, import or transfer of goods falling under CN codes 7007, 7019, 8415, 8479, 8481, 8483, 8487, 8504, 8517, 8518, 8525, 8531, 8536, 8537, 8538, 8539, 8542, 8543, 8603, as 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 operation, maintenance or repair of Budapest metro line 3 cars delivered in 2018, in execution of the service life guarantee provided by Metrowagonmash prior to 24 June 2023.’

‘3f By way of derogation from paragraphs 1 and 2, the competent authorities may authorise, under such conditions as they deem appropriate, the import of goods, falling under CN codes 9026, 9027 and 9031, as listed in Annex XXI, including the provision of related technical and financial assistance on those imported goods, for the purposes of maintenance, repair or the periodic certification of primary and secondary crude oil measuring points on the Druzhba pipeline into the Union, and after having determined that the goods are strictly necessary for the provision of services to ensure uninterrupted supplies of crude oil by the Druzhba pipeline from Russia, as referred to in Article 3m(3), point (d), and that they will be exported pursuant to Article 3k(5f) for a period of time that is strictly necessary for the purposes of maintenance, repair or the periodic certification of the Druzhba pipeline.’

‘5 The import volume quotas set out in paragraphs 3cc, 3cd, 3cg, 3ch 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.’

‘3ag With regard to the goods falling under the CN codes listed in Annex XXIIID, the prohibitions in paragraphs 1 and 2 shall not apply to the execution until 26 May 2025 of contracts concluded before 25 February 2025, or of ancillary contracts necessary for the execution of such contracts.’

‘5aa The competent authorities of the Members States may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export of the goods falling under CN codes 2920 90, 3917 10 and 3920 62, 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.’

‘5f By way of derogation from paragraphs 1 and 2, the competent authorities may authorise, under such conditions as they deem appropriate, the export of goods falling under CN codes 9026, 9027 and 9031, as listed in Annex XXIII, the importation of which had previously been authorised pursuant to Article 3i(3f).

5g 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 8517 62 and 8523 52, as listed in Annex XXIII, provided that they are intended for civilian non-publicly available electronic communications networks which are not the property of an entity that is publicly controlled or with over 50 % public ownership.’

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

‘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. It shall be prohibited for any legal person, entity or body established in the Union before 8 April 2022 and that is already a road transport undertaking which transports goods by road within the territory of the Union, including in transit, to make any changes to its capital structure that would increase the percentage share owned by a Russian natural or legal person, entity or body, unless that percentage share remains below 25 % following such a change.’

Article 3nb

1 The temporary storage, as defined in Article 5, point 17, of Regulation (EU) No 952/2013 of the European Parliament and of the Council , and the placement under the free zone procedure pursuant to Article 245(3) of Regulation (EU) No 952/2013, of crude oil or petroleum products as listed in Annex XXV to this Regulation in Union territory is prohibited, if the goods originate in Russia or are exported from Russia.

2 The prohibition in paragraph 1 shall not apply to goods already in the Union on 25 February 2025 until 26 May 2025.

3 The prohibition in paragraph 1 of this Article shall not apply to Member States that benefit from the exemptions in Article 3m(3), point (d), and in Article 3m(4).

4 The prohibition in paragraph 1 shall not apply to seaborne crude oil and petroleum products listed in Annex XXV where those goods originate in a third country and are only being loaded in, departing from or transiting through Russia, provided that both the origin and the owner of those goods are non-Russian.

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 or for the completion of crude oil projects in Russia, such as exploration and production projects.

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 liquefied natural gas projects or crude oil projects as referred to in paragraph 1; (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 liquefied natural gas projects or crude oil projects as referred to in paragraph 1.

3 The prohibitions in paragraphs 1 and 2 relating to crude oil projects shall be without prejudice to the execution until 26 May 2025 of contracts concluded before 25 February 2025, or of ancillary contracts necessary for the execution of such contracts.

4 The prohibition in paragraphs 1 and 2 shall not apply to oil production projects where regular commercial production was established prior to 25 February 2025.’

Article 5ad

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 is a credit or financial institution or an entity providing crypto assets services that: (a) are 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 Part A of Annex XLV to this Regulation; (b) are involved in frustrating the prohibition set out in Article 3s through transactions in relation to any vessel listed in Annex XLII, as listed in Part B of Annex XLV to this Regulation; or (c) circumvent the prohibition set out in Article 3n, as listed in Part C of Annex XLV to this Regulation.

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 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; 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 5ae

1 It shall be prohibited to engage in any transaction, directly or indirectly, with ports and locks listed in Part A of Annex XLVII. Part A of Annex XLVII shall include ports and locks in Russia that are used: (a) for the transfer of unmanned aerial vehicles (UAVs) or missiles, related technologies or components thereof in support of Russia’s war of aggression against Ukraine; (b) for the transport of 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; (c) for the maritime transport of crude oil or petroleum products, as listed in Annex XXV, that originate in Russia or are exported from Russia by vessels practicing irregular and high-risk shipping practices as set out in the International Maritime Organisation General Assembly resolution A.1192(33); (d) for the transport of goods originating in or exported from the Union, as listed in Annexes XI, XX and XXIII to this Regulation, or goods originating in Russia or exported from Russia and imported into the Union, as listed in Annex XXI to this Regulation, and thereby enabling Russia’s actions destabilising the situation in Ukraine; (e) 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.

2 It shall be prohibited to engage in any transaction, directly or indirectly, with airports listed in Part B of Annex XLVII. Part B of Annex XLVII shall include airports in Russia that are used: (a) for the transfer of UAVs or missiles, related technologies or components thereof in support of Russia’s war of aggression against Ukraine; (b) for the transport of 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; (c) for the transport of goods originating in or exported from the Union listed in Annexes XI, XX and XXIII to this Regulation, or goods originating in Russia or exported from Russia and imported into the Union, as listed in Annex XXI to this Regulation, and thereby enabling Russia’s actions destabilising the situation in Ukraine; (d) 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.

3 Paragraph 1 shall not apply: (a) 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 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; (b) to transactions which are 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; (c) unless prohibited under Article 3m or 3n, to transactions which are strictly necessary for the direct or indirect purchase, import or transport of oil, including refined petroleum products, from or through Russia; (d) to transactions which are necessary for the purchase, import or transport of pharmaceutical, medical, agricultural and food products, including wheat and fertilisers whose import, purchase and transport is allowed under this Regulation; (e) to transactions for the purchase, import or transfer of seaborne crude oil and of petroleum products listed in Annex XXV where those goods originate in a third country and are only being loaded in, departing from or transiting through Russia, provided that both the origin and the owner of those goods are non-Russian. (f) to transactions 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.

4 Paragraph 2 shall not apply to transactions which are strictly necessary for: (a) humanitarian purposes, the evacuation or repatriation of persons, or initiatives providing support to victims of natural, nuclear or chemical disasters; (b) the operation of flights required for attending meetings with the objective of seeking a solution to Russia’s war of aggression against Ukraine or of promoting the policy objectives of the restrictive measures; (c) an emergency landing, take-off or overflight; (d) travel for official purposes of members of diplomatic or consular missions of Member States or partner countries in Russia or of international organisations enjoying immunities in accordance with international law; (e) travel, for personal reasons, of natural persons to and from Russia or of members of their immediate families travelling with them; (f) the purchase, import or transport of pharmaceutical, medical, agricultural and food products whose import, purchase and transport is allowed under this Regulation.

5 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 3 or 4 within 2 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 2 weeks of its receipt.’

Article 11a

Any person referred to in Article 13, point (c) or (d), shall 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 person or by a legal person, entity or body that the person referred to in Article 13, point (d), owns or controls, as a consequence of claims lodged with courts in third countries by persons, entities and bodies referred to in Article 11(1), point (a), (b) or (c), 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. Such damages may be recovered from the persons, entities or bodies referred to in Article 11(1), point (a), (b) or (c), that lodged the claims with the courts in the third country, or from persons, entities or bodies that own or control those entities or bodies.’

Article 11d

Where no court of a Member State has jurisdiction pursuant to other provisions of Union law or of the law of a Member State, a court of a Member State may, on an exceptional basis, hear a claim for damages brought pursuant to Article 11a or 11b, provided that the case has a sufficient connection with the Member State of the court seised.’

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 or goods as listed in Annex XLVIII shall: (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.

1a Paragraph 1 shall apply as of 26 December 2024 with regard to Annex XL and as of 26 May 2025 with regard to Annex XLVIII.

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 or goods as listed in Annex XLVIII only within the Union or to partner countries listed in Annex VIII.

3 Natural and legal persons, entities and bodies shall 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 or goods as listed in Annex XLVIII implements the requirements in points (a) and (b) of paragraph 1.

3a Paragraph 3 shall apply as of 26 December 2024 with regard to Annex XL and as of 26 May 2025 with regard to Annex XLVIII.

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 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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