COUNCIL REGULATION (EU) 2022/428

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,

Having regard to Council Decision (CFSP) 2022/430 of 15 March 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine ,

Having regard to the joint proposal of the High Representative of the Union for Foreign Affairs and Security Policy and of the European Commission,

Whereas: HAS ADOPTED THIS REGULATION:

Article 1
Regulation (EU) No 833/2014 is amended as follows: {| class="wikitable"
 * (3)
 * in Article 2a(7) the following point is added:

{| class="wikitable"
 * }
 * (5)
 * Article 3 is replaced by the following:

‘Article 3
1.   It shall be prohibited to sell, supply, transfer or export, directly or indirectly, goods or technology, as listed in Annex II, whether or not originating in the Union, 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: 3.   The prohibitions in paragraphs 1 and 2 shall not apply to the sale, supply, transfer or export of goods or technology, or to the provision of technical or financial assistance, necessary for: 4.   The prohibitions in paragraphs 1 and 2 shall not apply to the execution until 17 September 2022 of an obligation arising from a contract concluded before 16 March 2022, or ancillary contracts necessary for the execution of such a contract, provided that the competent authority has been informed at least five working days in advance.

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

6.   By way of derogation from paragraphs 1 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: 7.   The Member State or Member States concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 6 within two weeks of the authorisation.’; {| class="wikitable"
 * }
 * (6)
 * Article 3a is replaced by the following:

‘Article 3a
1.   It shall be prohibited to: 2.   By way of derogation from paragraph 1, the competent authorities may authorise, under such conditions as they deem appropriate, any activity referred to in paragraph 1 after having determined that: 3.   The Member State or Member States concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 2 within two weeks of the authorisation.’; {| class="wikitable"
 * }
 * (8)
 * the following Articles are inserted:

‘Article 3g
1.   It shall be prohibited: 2.   The prohibitions in paragraph 1 shall not apply to the execution until 17 June 2022 of contracts concluded before 16 March 2022, or ancillary contracts necessary for the execution of such contracts.

Article 3h
1.   It shall be prohibited to sell, supply, transfer or export, directly or indirectly, luxury goods as listed in Annex XVIII, to any natural or legal person, entity or body in Russia or for use in Russia.

2.   The prohibition referred to in paragraph 1 shall apply to luxury goods listed in Annex XVIII insofar as their value exceeds EUR 300 per item unless otherwise specified in the Annex.

3.   The prohibition referred to in paragraph 1 shall not apply to goods which are necessary for the official purposes of diplomatic or consular missions of Member States or partner countries in Russia or of international organisations enjoying immunities in accordance with international law, or to the personal effects of their staff.’; {| class="wikitable"
 * }
 * (9)
 * the following Article is inserted:

‘Article 5aa
1.   It shall be prohibited to directly or indirectly engage in any transaction with: 2.   The prohibition in paragraph 1 shall not apply to the execution until 15 May 2022 of contracts concluded before 16 March 2022 or ancillary contracts necessary for the execution of such contracts.

3.   The prohibition in paragraph 1 shall not apply to: {| class="wikitable"
 * }
 * (10)
 * the following Article is inserted:

‘Article 5j
1.   It shall be prohibited as of 15 April 2022 to provide credit rating services to any Russian national or natural person residing in Russia or any legal person, entity or body established in Russia.

2.   It shall be prohibited as of 15 April 2022 to provide access to any subscription services in relation to credit rating activities to any Russian national or natural person residing in Russia or any legal person, entity or body established in Russia.

3.   Paragraphs 1 and 2 shall not apply to nationals of a Member State or natural persons having a temporary or permanent residence permit in a Member State.’; {| class="wikitable"
 * }
 * (12)
 * Article 12 is replaced by the following:

‘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.’;
 * }

Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.


 * This Regulation shall be binding in its entirety and directly applicable in all Member States.


 * Done at Brussels, 15 March 2022.

ANNEX I
In Annex IV to Regulation (EU) No 833/2014, the entries for the following natural persons and entities are inserted:

ANNEX II
The following Annexes are added:

ANNEX XVIII
EXPLANATORY NOTE

The nomenclature codes are taken from the Combined Nomenclature as defined in Article 1(2) of Council Regulation (EEC) No 2658/87 and as set out in Annex I thereto, which are valid at the time of publication of this Regulation and mutatis mutandis as amended by subsequent legislation.

(16)   Electrical/electronic or optical apparatus for recording and reproducing sound and images of a value exceeding EUR 1 000
==== (17)   Vehicles, except ambulances, for the transport of persons on earth, air or sea of a value exceeding EUR 50 000 each, teleferics, chairlifts, ski-draglines, traction mechanisms for funiculars, motorbikes of a value exceeding EUR 5 000 each, as well as their accessories and spare parts ====

(22)   Articles and equipment for billiard, automatic bowling, casino games and games operated by coins or banknotes
ANNEX XIX

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