Council Regulation (EU) 2022/879

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) 2022/884 of 3 June 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"
 * (7)
 * the following articles are inserted:

‘Article 3m
1.   It shall be prohibited to purchase, import or transfer, directly or indirectly, crude oil or petroleum products, as listed in Annex XXV, if they originate in Russia or are exported from Russia.

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: 4   If the supply of crude oil by pipeline from Russia to a landlocked Member State is interrupted for reasons outside the control of that Member State, seaborne crude oil from Russia falling under CN 2709 00 may be imported into that Member State, by way of an exceptional temporary derogation from paragraphs 1 and 2, until the supply is resumed or until the Council decision referred to in paragraph 3(d) applies with regard to that Member State, whichever is the earliest.

5.   As of 5 December 2022, and by way of derogation from paragraphs 1 and 2, the competent authorities of Bulgaria may authorise the execution until 31 December 2024 of contracts concluded before 4 June 2022, or of ancillary contracts necessary for the execution of such contracts, for the purchase, import or transfer of seaborne crude oil and of petroleum products listed in Annex XXV originating in Russia or exported from Russia.

6.   As of 5 February 2023, and by way of derogation from paragraphs 1 and 2, the competent authorities of Croatia may authorise until 31 December 2023 the purchase, import or transfer of vacuum gas oil falling under CN 2710 19 71 originating in Russia or exported from Russia, provided that the following conditions are fulfilled: 7.   The goods imported following a derogation granted by a competent authority under paragraph 5 or 6 shall not be sold on to buyers located in another Member State or in a third country.

8.   The transfer or transport of crude oil delivered by pipeline into Member States as referred to in paragraph 3(d) to other Member States or to third countries, or its sale to purchasers in other Member States or in third countries, shall be prohibited.

All consignments and containers of such crude oil shall be clearly marked as 'REBCO: export prohibited'.

As from 5 February 2023, where crude oil has been delivered by pipeline into a Member State as referred to in paragraph 3(d), it shall be prohibited to transfer or transport petroleum products falling under CN 2710 which are obtained from such crude oil to other Member States or to third countries, or to sell such petroleum products to purchasers in other Member States or in third countries.

By way of temporary derogation, the prohibitions referred to in the third subparagraph shall apply as from 5 December 2023 to the import and transfer into Czechia, and to the sale to purchasers in Czechia, of petroleum products obtained from crude oil which has been delivered by pipeline into another Member State as referred to in paragraph 3(d). If alternative supplies for such petroleum products are made available to Czechia before that date, the Council shall terminate that temporary derogation. During the period until 5 December 2023, the volumes of such petroleum products imported into Czechia from other Member States shall not exceed the average volumes imported into Czechia from those other Member States over the same period during the previous five years.

9.   The prohibitions in paragraph 1 shall not apply to purchases in Russia of goods listed in Annex XXV which are required in order to meet the essential needs of the purchaser in Russia or of humanitarian projects in Russia.

10.   Member States shall report to the Commission by no later than 8 June 2022 and every three months thereafter on the amounts of crude oil falling under CN 2709 00 imported by pipeline, as referred to in paragraph 3(d). Such import figures shall be broken down per pipeline. In the event that the exceptional temporary derogation referred to in paragraph 4 applies with regard to a landlocked Member State, that Member State shall report to the Commission every three months on the amounts of seaborne crude oil falling under CN 2709 00 which it imports from Russia, for as long as that derogation applies.

During the period until 5 December 2023 referred to in the fourth subparagraph of paragraph 8, Member States shall report to the Commission every three months on the amounts which they export to Czechia of petroleum products falling under CN 2710 obtained from crude oil which has been delivered by pipeline as referred to in paragraph 3(d).

Article 3n
1.   It shall be prohibited to provide, directly or indirectly, technical assistance, brokering services or financing or financial assistance, related to the transport, including through ship-to-ship transfers, to third countries of crude oil or petroleum products as listed in Annex XXV which originate in Russia or which have been exported from Russia.

2.   The prohibition in paragraph 1 shall not apply to: {| class="wikitable"
 * }
 * (9)
 * Article 5c is replaced by the following:

‘Article 5c
1.   By way of derogation from Articles 5b(1) and (2), the competent authorities may authorise the acceptance of such a deposit or the provision of wallet, account or custody service, under such conditions as they deem appropriate, after having determined that the acceptance of such a deposit or the provision of wallet, account or custody service is: 2.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1, points (a), (b), (c) or (e), within two weeks of the authorisation.’; {| class="wikitable"
 * }
 * (11)
 * Article 5h is replaced by the following:

‘Article 5h
1.   It shall be prohibited to provide specialised financial messaging services, which are used to exchange financial data, to the legal persons, entities or bodies listed in Annex XIV or to any legal person, entity or body established in Russia whose proprietary rights are directly or indirectly owned for more than 50 % by an entity listed in Annex XIV.

2.   For each legal person, entity or body listed in Annex XIV, the prohibition set out in paragraph 1 shall apply as of the date mentioned for it in that Annex. The prohibition shall apply as of the same date to any legal person, entity or body established in Russia whose proprietary rights are directly or indirectly owned for more than 50 % by an entity listed in Annex XIV.’; {| class="wikitable"
 * }
 * (13)
 * Article 5m is replaced by the following:

‘Article 5m
1.   It shall be prohibited to register, provide a registered office, business or administrative address as well as management services to, a trust or any similar legal arrangement having as a trustor or a beneficiary: 2.   It shall be prohibited as of 5 July 2022 to act as, or arrange for another person to act as, a trustee, nominee shareholder, director, secretary or a similar position, for a trust or similar legal arrangement as referred to in paragraph 1.

3.   Paragraphs 1 and 2 shall not apply to the operations that are strictly necessary for the termination by 5 July 2022 of contracts which are not compliant with this Article concluded before 9 April 2022 or of ancillary contracts necessary for the execution of such contracts.

4.   Paragraphs 1 and 2 shall not apply when the trustor or beneficiary is a national of a Member State or a natural person having a temporary or permanent residence permit in a Member State.

5.   By way of derogation from paragraph 2, the competent authorities may authorise, under such conditions as they deem appropriate, the services referred to in paragraph 2 to continue beyond 5 July 2022, for: 6.   By way of derogation from paragraphs 1 and 2, the competent authorities may authorise the services referred to in those paragraphs, under such conditions as they deem appropriate, after having determined that this is necessary for: 7.   The Member State concerned shall inform the Commission of any authorisation granted under paragraph 5 or 6 within two weeks of such authorisation.’; {| class="wikitable"
 * }
 * (14)
 * the following article is inserted:

‘Article 5n
1.   It shall be prohibited to provide, directly or indirectly, accounting, auditing, including statutory audit, bookkeeping or tax consulting services, or business and management consulting or public relations services to: 2.   Paragraph 1 shall not apply to the provision of services that are strictly necessary for the termination by 5 July 2022 of contracts which are not compliant with this Article concluded before 4 June 2022, or of ancillary contracts necessary for the execution of such contracts.

3.   Paragraph 1 shall not apply to the provision of services that are strictly necessary for the exercise of the right of defence in judicial proceedings and the right to an effective legal remedy.

4.   Paragraph 1 shall not apply to the provision of services intended for the exclusive use of legal persons, entities or bodies established in Russia that are owned by, or solely or jointly controlled by, a legal person, entity or body which is incorporated or constituted under the law of a Member State.

5.   By way of derogation from paragraph 1, the competent authorities may authorise the services referred to therein, under such conditions as they deem appropriate, after having determined that this is necessary for:
 * }

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, 3 June 2022.

ANNEX I
In Annex IV to Regulation (EU) No 833/2014, the following natural or legal persons, entities or bodies are added:

“46th TSNII Central Scientific Research Institute

Alagir Resistor Factory

All-Russian Research Institute of Optical and Physical Measurements

All-Russian Scientific-Research Institute Etalon JSC

Almaz JSC

Arzam Scientific Production Enterprise Temp Avia

Automated Procurement System for State Defense Orders, LLC

Dolgoprudniy Design Bureau of Automatics (DDBA JSC)

Electronic Computing Technology Scientific-Research Center JSC

Electrosignal JSC

Energiya JSC

Engineering Center Moselectronproekt

Etalon Scientific and Production Association

Evgeny Krayushin

Foreign Trade Association Mashpriborintorg

Ineko LLC

Informakustika JSC

Institute of High Energy Physics

Institute of Theoretical and Experimental Physics

Inteltech PJSC

ISE SO RAN Institute of High-Current Electronics

Kaluga Scientific-Research Institute of Telemechanical Devices JSC

Kulon Scientific-Research Institute JSC

Lutch Design Office JSC

Meteor Plant JSC

Moscow Communications Research Institute JSC

Moscow Order of the Red Banner of Labor Research Radio Engineering Institute JSC

NPO Elektromechaniki JSC

Omsk Production Union Irtysh JSC

Omsk Scientific-Research Institute of Instrument Engineering JSC

Optron, JSC

Pella Shipyard OJSC

Polyot Chelyabinsk Radio Plant JSC

Pskov Distance Communications Equipment Plant

Radiozavod JSC

Razryad JSC

Research Production Association Mars

Ryazan Radio-Plant

Scientific Production Center Vigstar JSC

Scientific Production Enterprise ‘Radiosviaz’

Scientific Research Institute Ferrite-Domen

Scientific Research Institute of Communication Management Systems

Scientific-Production Association and Scientific-Research Institute of Radio-Components

Scientific-Production Enterprise ‘Kant’

Scientific-Production Enterprise ‘Svyaz’

Scientific-Production Enterprise Almaz JSC

Scientific-Production Enterprise Salyut JSC

Scientific-Production Enterprise Volna

Scientific-Production Enterprise Vostok JSC

Scientific-Research Institute ‘Argon’

Scientific-Research Institute and Factory Platan

Scientific-Research Institute of Automated Systems and Communications Complexes Neptune JSC

Special Design and Technical Bureau for Relay Technology

Special Design Bureau Salute JSC

Tactical Missile Company, Joint Stock Company ‘Salute’

Tactical Missile Company, Joint Stock Company ‘State Machine Building Design Bureau ‘Vympel’ By Name I.I.Toropov’

Tactical Missile Company, Joint Stock Company ‘URALELEMENT’

Tactical Missile Company, Joint Stock Company ‘Plant Dagdiesel’

Tactical Missile Company, Joint Stock Company ‘Scientific Research Institute of Marine Heat Engineering’

Tactical Missile Company, Joint Stock Company PA Strela

Tactical Missile Company, Joint Stock Company Plant Kulakov

Tactical Missile Company, Joint Stock Company Ravenstvo

Tactical Missile Company, Joint Stock Company Ravenstvo-service

Tactical Missile Company, Joint Stock Company Saratov Radio Instrument Plant

Tactical Missile Company, Joint Stock Company Severny Press

Tactical Missile Company, Joint-Stock Company ‘Research Center for Automated Design’

Tactical Missile Company, KB Mashinostroeniya

Tactical Missile Company, NPO Electromechanics

Tactical Missile Company, NPO Lightning

Tactical Missile Company, Petrovsky Electromechanical Plant ‘Molot’

Tactical Missile Company, PJSC ‘MBDB ‘ISKRA’’

Tactical Missile Company, PJSC ANPP Temp Avia

Tactical Missile Company, Raduga Design Bureau

Tactical Missile Corporation, ‘Central Design Bureau of Automation’

Tactical Missile Corporation, 711 Aircraft Repair Plant

Tactical Missile Corporation, AO GNPP ‘Region’

Tactical Missile Corporation, AO TMKB ‘Soyuz’

Tactical Missile Corporation, Azov Optical and Mechanical Plant

Tactical Missile Corporation, Concern ‘MPO – Gidropribor’

Tactical Missile Corporation, Joint Stock Company ‘KRASNY GIDROPRESS’

Tactical Missile Corporation, Joint Stock Company Avangard

Tactical Missile Corporation, Joint Stock Company Concern Granit-Electron

Tactical Missile Corporation, Joint Stock Company Elektrotyaga

Tactical Missile Corporation, Joint Stock Company GosNIIMash

Tactical Missile Corporation, RKB Globus

Tactical Missile Corporation, Smolensk Aviation Plant

Tactical Missile Corporation, TRV Engineering

Tactical Missile Corporation, Ural Design Bureau ‘Detal’

Tactical Missile Corporation, Zvezda-Strela Limited Liability Company

Tambov Plant (TZ) ‘October’

United Shipbuilding Corporation ‘Production Association Northern Machine Building Enterprise’

United Shipbuilding Corporation ‘5th Shipyard’”.

ANNEX II
Annex VII to Regulation (EU) No 833/2014 is amended as follows:

ANNEX III
In Annex VIII to Regulation (EU) No 833/2014, the following partner countries are added:

‘UNITED KINGDOM

SOUTH KOREA’.

ANNEX IV
In Annex XII to Regulation (EU) No 833/2014, the title is replaced by the following:

‘List of legal persons, entities and bodies referred to in Article 5(2)’.

ANNEX V
Annex XIV to Regulation (EU) No 833/2014 is replaced by the following:

’

ANNEX VI
In Annex XV to Regulation (EU) No 833/2014, the following entities are added:

‘Rossiya RTR / RTR Planeta

Rossiya 24 / Russia 24

TV Centre International’.

ANNEX VII
Annex XXI to Regulation (EU) No 833/2014 is replaced by the following: ’

ANNEX VIII
The following annex is added: ’