1.COUNCIL DECISION (PESC) 2022/1907 OF 6 OCTOBER 2022 AMENDING DECISION 2014/145/CFSP CONCERNING RESTRICTIVE MEASURES IN RESPECT OF ACTIONS UNDERMINING OR THREATENING THE TERRITORIAL INTEGRITY, SOVEREIGNTY AND INDEPENDENCE OF UKRAINE.
- The Council of the European Union considers add thirty persons and seven entities responsible for actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine should be added to the list of persons, entities and bodies subject to restrictive measures set out in the Annex to Decision 2014/145/CFSP.
- Furthermore, by this Decision, the Council introduces a new listing criterion specifically targeting those natural persons or entities that facilitate the violation of the prohibition against circumvention of certain Union restrictive measures by considering that they could contribute to destabilising Ukraine or undermining its territorial integrity, sovereignty and independence.
- Finally, the Decision introduces an exception to the freezing of assets and a prohibition on making funds and economic resources available to two [1] listed entities.
2.COUNCIL DECISION (CFSP) 2022/1908 OF 6 OCTOBER 2022 AMENDING DECISION (CFSP) 2022/266 CONCERNING RESTRICTIVE MEASURES IN RESPONSE TO THE RECOGNITION OF THE AREAS OF THE NON-GOVERNMENT-CONTROLLED PROVINCES OF DONETSK AND LUHANSK IN UKRAINE AND THE ORDER FOR THE ENTRY OF RUSSIAN ARMED FORCES INTO THOSE AREAS.
- This Decision amends the title of Decision (CFSP) 2022/266 to read as follows:
«Council Decision (CFSP) 2022/266 of 23 February 2022 concerning restrictive measures in response to the illegal recognition, occupation or annexation by the Russian Federation of certain non-government-controlled areas of Ukraine».
- The geographical scope of the restrictions contained in this Decision is also extended to cover all non-government-controlled areas of Ukraine in Donetsk, Kherson, Luhansk and Zaporiyia oblasts.
3.COUNCIL DECISION (PESC) 2022/1909 OF 6 OCTOBER 2022 AMENDING DECISION 2014/512/CFSP CONCERNING RESTRICTIVE MEASURES MOTIVATED BY ACTIONS OF RUSSIA DESTABILISING THE SITUATION IN UKRAINE.
- Firstly, this Decision extends the prohibition on any transactions with certain legal persons, entities or bodies owned or controlled by the Russian State to include a prohibition on Union nationals holding positions in the governing bodies of such entities.
- The Russian Naval Register is added to the list of entities owned or controlled by the Russian State which are subject to this prohibition on transactions. As a result of this Decision, it is prohibited to provide any financial benefit of any kind to the Russian Register of Shipping.
In the same vein, it requires the withdrawal of authorisations granted by Member States to the Russian Register of Shipping as well as the withdrawal of the Union’s recognition of the Russian Register of Shipping and extends the prohibition of access to ports and locks on the territory of the Union to vessels certified by the Russian Register of Shipping.
- In relation to crypto-assets, the threshold for the application of the existing prohibition on the provision of crypto-asset holding, account or custody services to Russian persons and residents is removed, thus prohibiting the provision of such services irrespective of the total value of such crypto-assets.
- The current prohibition on the supply of certain services to the Russian Federation is extended by prohibiting the supply of architectural and engineering services, as well as computer consultancy and legal services.
Legal advisory services include the provision of legal advice to clients in non-contentious matters but do not include representation, advice, preparation or verification of documents in the context of legal representation services, namely in matters or proceedings before administrative bodies, courts or other duly constituted official tribunals or in arbitration or mediation proceedings.
- Furthermore, it is specified that the prohibition on the import, purchase or transport of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and their spare parts, from the Russian Federation applies to both direct and indirect imports.
- The list of restricted goods that could contribute to the military and technological improvement of the Russian Federation or to the development of its defence and security sector is extended to include certain chemical substances, nerve agents and goods that have no practical use other than for the purpose of capital punishment, torture or other cruel, inhuman or degrading treatment or punishment, or that could be used for such purposes.
- The sale, supply, transfer or export of firearms, their parts and essential components and ammunition to any natural or legal person, entity or body in the Russian Federation, or for the use of the Russian Federation, is prohibited.
- Import bans on the import of steel products originating in or exported from the Russian Federation are extended, as well as restrictions on the import of additional items, which generate significant revenue for the Russian Federation, including items such as wood pulp and paper, certain items used in the jewellery sector, such as precious stones and metals, certain machines and chemicals, cigarettes, plastics and finished chemicals, such as cosmetics.
- It also extends the export ban by adding new items to the list of products that could contribute to the improvement of Russian industrial capacities, as well as imposing restrictions on the sale, supply, transfer or export of additional products used in the aviation sector.
- In addition to the existing prohibitions on the provision of maritime transport services of crude oil and certain petroleum products to third countries, the maritime transport of these goods to third countries is prohibited. This ban should be conditional on the Council introducing a pre-established price ceiling agreed by the Price Cap Coalition.
- As regards the EU ban on the provision of transport and technical assistance, brokering or financing services or financial assistance in connection with the maritime transport by third countries of oil or petroleum products originating in Russia, purchased at or below the agreed price, an exemption will apply, with the aim of mitigating the consequences for energy supplies in these countries, as well as reducing the increase in prices but also Russian revenues.
This exemption is limited in time, but may be renewed if necessary. The limitation will operate through a process certifying that the above products have been obtained at that price below or equal to the maximum price, guidelines for which will be issued by the Commission for uniform application to ensure competitiveness in the EU and globally.
[1] National Settlement Depository (NSD) y PJSC KAMAZ alias KAMAZ PTC.
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