# IMMC.JOIN%282022%2925%20final%2F3.ENG.xhtml.1_EN_ACT_part1_v4.docx

european flagEUROPEAN COMMISSION Brussels, 11.4.2022 JOIN(2022) 25 final/3 DOWNGRADED ON 7.2.2023 2022/0121(NLE) Joint Proposal for a COUNCIL REGULATION amending Council Regulation (EU) No 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
EXPLANATORY MEMORANDUM (1) Council Regulation (EU) No 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine 1 , gives effect to the measures provided for by Council Decision 2014/145/CFSP of 17 March 2014 2 , including the freezing of funds and economic resources of certain natural or legal persons, entities and bodies , or natural or legal persons, entities or bodies associated with them . (2) In view of the humanitarian crisis resulting from the unprovoked invasion of Ukraine by armed forces of the Russian Federation, , on XX XX 2022 the Council adopted Decision (CFSP) 2022/XXX 3 , to include in Council Decision 2014/145/CFSP a derogation to the freezing of assets and prohibition to make funds or economic resources available to those persons, entities and bodies. (3) The measures prov ided for in Decision (CFSP) 2022 /XXX fall within the scope of the Treaty and regulatory action at the level of the Union is necessary in order to implement them, in particular with a view to ensuring their uniform application by economic operators in all Member States . (4) The High Representative for Foreign Affairs and Security Policy and the Commission should therefore propose to amend Council Regulation (EU) No 269/2014 accordingly. 2022/0121 (NLE) Joint Proposal for a COUNCIL REGULATION amending Council Regulation (EU) No 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine 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) 202 2 / XXX of XX XX 202 2 amending Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine 4 , 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: (1) Council Regulation (EU) No 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine 5 gives effect to certain measures provided for by Council Decision 2014/145/CFSP 6 , including the freezing of funds and economic resources of certain natural or legal persons, entities and bodies , or natural or legal persons, entities or bodies associated with them . (2) In view of the humanitarian crisis resulting from the unprovoked invasion of Ukraine by armed forces of the Russian Federation , on XX XX 2022 the Council adopted Decision (CFSP) 2022/XXX 7 to includ e in Council Decision 2014/145/CFSP a derogation to the freezing of assets and prohibition to make funds or economic resources available to those persons, entities and bodies. (3) Council Regulation (EU) No 269/2014 should therefore be amend ed accordingly ,
HAS ADOPTED THIS REGULATION: Article 1 In Council Regulation (EU) No 269/2014, the following Article is inserted: ‘Article 2a 1. By way of derogation from Article 2, the competent authorities may authorise, under such general or specific conditions as they deem appropriate, the release of certain frozen funds or economic resources or the making available of certain funds or economic resources, provided that the provision of such funds or economic resources is necessary for exclusively humanitarian purposes in Ukraine. 2. In the absence of a negative decision or a request for information from the competent authority within 5 working days from the day of receipt of a request for authorisation, the authorisation shall be considered granted. 3. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under Paragraphs 1 and 2 within two weeks of the authorisation.’ 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, For the Council The President
(1) OJ L 078 17.3.2014, p. 6 .
(2) OJ L 078 17.3.2014, p. 16 .
(3) [ Please insert full reference. ]
(4) OJ L , , p. .
(5) Council Regulation (EU) No 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine ( OJ L 078 17.3.2014, p. 6 . ).
(6) Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine ( OJ L 078 17.3.2014, p. 16 . ) .
(7) [ Please insert full reference. ]