# Council Regulation (EU) No 692/2014Show full title

Council Regulation (EU) No 692/2014 of 23 June 2014 concerning restrictive measures in response to the illegal annexation            of Crimea and Sevastopol         

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# [F1Council Regulation (EU) No 692/2014

# of 23 June 2014

# concerning restrictive measures in response to the illegal annexation of Crimea and Sevastopol]

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 2014/386/CFSP(1) concerning restrictions on goods originating in Crimea or Sevastopol, in response to the illegal annexation of Crimea and                           Sevastopol,                        

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)At its meeting of 20-21 March 2014, the European Council strongly condemned the annexation of the Autonomous Republic of Crimea                              (‘Crimea’) and the city of Sevastopol (‘Sevastopol’) to the Russian Federation and emphasised that it will not recognise the                              annexation. The European Council asked the Commission to evaluate the legal consequences of that annexation and to propose                              economic, trade and financial restrictions regarding Crimea for rapid implementation.

(2)In its Resolution of 27 March 2014, the United Nations General Assembly affirmed its commitment to the sovereignty, political                              independence, unity and territorial integrity of Ukraine within its internationally recognized borders, underscoring the invalidity                              of the referendum held in Crimea on 16 March, and called upon all States not to recognise any alterations in the status of                              Crimea and of Sevastopol.

(3)On 23 June 2014, the Council adopted Decision 2014/386/CFSP concerning restrictions on goods originating in Crimea or Sevastopol                              and on the provision, directly or indirectly, of financing or financial assistance, as well as insurance and reinsurance,                              related to the import of such goods, in response to the illegal annexation of Crimea and Sevastopol. In order to minimise                              the effect of such restrictive measures on economic operators, exceptions and transitional periods should be provided for                              in respect of trade in goods and related services for which transactions are required by a trade contract or ancillary contract,                              subject to a notification procedure.

(4)These measures fall within the scope of the Treaty on the Functioning of the European Union and, therefore, notably with a                              view to ensuring their uniform application in all Member States, regulatory action at the level of the Union is necessary                              in order to implement them.

(5)In order to ensure that the measures provided for in this Regulation are effective, it should enter into force on the day                              following that of its publication,

HAS ADOPTED THIS REGULATION:

Textual Amendments

F1Substituted by Council Regulation (EU) No 825/2014 of 30 July 2014 amending Regulation (EU) No 692/2014 concerning restrictions on the import                                 into the Union of goods originating in Crimea or Sevastopol, in response to the illegal annexation of Crimea and Sevastopol.

# Article 1U.K.

For the purposes of this Regulation, the following definitions apply:

‘claim’ means any claim, whether asserted by legal proceedings or not, made before or after 25 June 2014, under or in connection                              with a contract or transaction, and includes in particular:                           

a claim for performance of any obligation arising under or in connection with a contract or transaction;

a claim for extension or payment of a bond, financial guarantee or indemnity of whatever form;

a claim for compensation in respect of a contract or transaction;

a counterclaim;

a claim for the recognition or enforcement, including by the procedure of *exequatur*, of a judgment, an arbitration award or an equivalent decision, wherever made or given;                                    

‘contract or transaction’ means any transaction of whatever form, whatever the applicable law, and whether comprising one                              or more contracts or similar obligations made between the same or different parties; for this purpose ‘contract’ includes                              a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, and credit, whether legally independent                              or not, as well as any related provision arising under, or in connection with, the transaction;                           

‘goods originating in Crimea or Sevastopol’ means goods which are wholly obtained in Crimea or in Sevastopol or which have                              undergone their last substantial transformation there, in accordance, mutatis mutandis, with Articles 23 and 24 of Regulation                              (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(2);                           

‘territory of the Union’ means the territories of the Member States to which the Treaty is applicable, under the conditions                              laid down in the Treaty, including their airspace.                           

‘competent authorities’ means the competent authorities of the Member States as identified on the websites listed in the Annex[F1;]                            

[F2‘brokering services’ means:                            

the negotiation or arrangement of transactions for the purchase, sale or supply of goods and technology or of financial and                                          technical services, including from a third country to any other third country; or                                     

the selling or buying of goods and technology or of financial and technical services, including where they are located in                                          third countries for their transfer to another third country;                                     

‘technical assistance’ means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical                                 service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting                                 services; technical assistance includes verbal forms of assistance.]                            

Textual Amendments

F1Substituted by Council Regulation (EU) No 825/2014 of 30 July 2014 amending Regulation (EU) No 692/2014 concerning restrictions on the import                                 into the Union of goods originating in Crimea or Sevastopol, in response to the illegal annexation of Crimea and Sevastopol.

F2Inserted by Council Regulation (EU) No 825/2014 of 30 July 2014 amending Regulation (EU) No 692/2014 concerning restrictions on the import                                 into the Union of goods originating in Crimea or Sevastopol, in response to the illegal annexation of Crimea and Sevastopol.

# Article 2U.K.

It shall be prohibited:

to import into the European Union goods originating in Crimea or Sevastopol;

to provide, directly or indirectly, financing or financial assistance as well as insurance and reinsurance related to the                              import of the goods referred to in point (a).                           

# [F2Article 2aU.K.

1.The following shall be prohibited:                  

(a)the granting of any financial loan or credit specifically relating to the creation, acquisition or development of infrastructure                           in the areas of transport, telecommunications or energy in Crimea or Sevastopol;                  

(b)the acquisition or extension of a participation, including the acquisition in full and the acquisition of shares and securities                           of a participating nature, in enterprises established in Crimea or Sevastopol that are engaged in the creation, acquisition                           or development of infrastructure in the areas of transport, telecommunications or energy in Crimea or Sevastopol;                  

(c)the creation of any joint venture relating to the creation, acquisition or development of infrastructure in the areas of transport,                           telecommunications or energy in Crimea or Sevastopol.                  

2.The following shall be prohibited:                  

(a)the granting of any financial loan or credit specifically relating to the exploitation of oil, gas or mineral resources in                           Crimea or Sevastopol;                  

(b)the acquisition or extension of a participation, including the acquisition in full of such enterprises and the acquisition                           of shares and securities of a participating nature, in entreprises established in Crimea or Sevastopol that are engaged in                           the exploitation of oil, gas or mineral resources in Crimea or Sevastopol;                  

(c)the creation of any joint venture relating to the exploitation of oil, gas or mineral resources in Crimea or Sevastopol.                  

3.For the purposes of this Article and Article 2b, the following definitions shall apply:                  

(a)‘mineral resources’ are those listed in Annex II;                  

(b)‘exploitation’ means exploration, prospection, extraction, refining and management of oil, gas and mineral resources and provision of related                           geological services but does not include maintenance to ensure safety of existing infrastructure;                  

(c)‘refining’ means the processing, conditioning and preparation for sale.                  

Textual Amendments

F2Inserted by Council Regulation (EU) No 825/2014 of 30 July 2014 amending Regulation (EU) No 692/2014 concerning restrictions on the import                                 into the Union of goods originating in Crimea or Sevastopol, in response to the illegal annexation of Crimea and Sevastopol.

# Article 2bU.K.

It shall be prohibited to provide, directly or indirectly, technical assistance, brokering services related to the investment                        activities referred to in Article 2a.                   

Textual Amendments

F2Inserted by Council Regulation (EU) No 825/2014 of 30 July 2014 amending Regulation (EU) No 692/2014 concerning restrictions on the import                                 into the Union of goods originating in Crimea or Sevastopol, in response to the illegal annexation of Crimea and Sevastopol.

# Article 2cU.K.

1.It shall be prohibited to sell, supply, transfer, export, directly or indirectly, key equipment and technology as listed in                           Annex III to any natural or legal person, entity or body in Crimea or Sevastopol or for use in Crimea or Sevastopol.                  

2.Annex III shall include key equipment and technology related to the creation, acquisition or development of infrastructure                           in the following sectors:                  

(a)transport;                  

(b)telecommunications;                  

(c)energy;                  

(d)the exploitation of oil, gas and mineral reserves in Crimea and Sevastopol.                  

3.It shall be prohibited to:                  

(a)provide, directly or indirectly, technical assistance or brokering services related to the key equipment and technology listed                           in Annex III, or related to the provision, manufacture, maintenance and use of items listed in Annex III to any natural or                           legal person, entity or body in Crimea or Sevastopol or for use in Crimea or Sevastopol; and                  

(b)provide, directly or indirectly, financing or financial asssistance related to the key equipment and technology listed in                           Annex III to any natural or legal person, entity or body in Crimea or Sevastopol or for use in Crimea or Sevastopol.                  

4.It shall be prohibited to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent                           the prohibitions referred to in paragraphs 1 and 3.                  

5.The prohibitions in paragraphs 1 and 3 shall not apply to the execution, until 28 October 2014 of transactions required by a trade contract concluded before30 July 2014 concerning key equipment or technology as listed in Annex III or by ancillary contracts necessary for the execution of such                           contracts provided that the natural or legal person, entity or body seeking to engage in such transactions, or to provide                           assistance to such transactions, has notified, at least 10 working days in advance, the transaction or assistance to the competent                           authority of the Member State in which it is established.                  

Textual Amendments

F2Inserted by Council Regulation (EU) No 825/2014 of 30 July 2014 amending Regulation (EU) No 692/2014 concerning restrictions on the import                                 into the Union of goods originating in Crimea or Sevastopol, in response to the illegal annexation of Crimea and Sevastopol.

# Article 2dU.K.

Articles 2a and 2b shall not apply to the granting of a financial loan or credit, to the extension of a participation or the                        creation of any joint venture, if the following conditions are met:                   

the transaction is required by an agreement or contract conluded before 30 July 2014; and                            

the competent authority has been informed at least 10 working days in advance.]                            

Textual Amendments

F2Inserted by Council Regulation (EU) No 825/2014 of 30 July 2014 amending Regulation (EU) No 692/2014 concerning restrictions on the import                                 into the Union of goods originating in Crimea or Sevastopol, in response to the illegal annexation of Crimea and Sevastopol.

# Article 3U.K.

The prohibitions in Article 2 shall not apply in respect of:

the execution until 26 September 2014, of trade contracts concluded before 25 June 2014, or of ancillary contracts necessary                              for the execution of such contracts, provided that the natural or legal persons, entity or body seeking to perform the contract                              have notified, at least 10 working days in advance, the activity or transaction to the competent authority of the Member State                              in which they are established.                           

[X1goods originating in Crimea or Sevastopol which have been made available to the Ukrainian authorities for examination, for                                 which compliance with the conditions conferring entitlement to preferential origin has been verified and for which a certificate                                 of origin has been issued in accordance with Regulation (EU) No 978/2012 and Regulation (EU) No 374/2014 (3)  or in accordance with the EU-Ukraine Association Agreement.]                            

Editorial Information

X1Substituted by Corrigendum to Council Regulation (EU) No 692/2014 of 23 June 2014 concerning restrictions on the import into the Union of                                 goods originating in Crimea or Sevastopol, in response to the illegal annexation of Crimea and Sevastopol (Official Journal                                 of the European Union L 183 of 24 June 2014).

# Article 4U.K.

It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent                     the prohibitions laid down in Article 2.                  

# Article 5U.K.

Actions by natural or legal persons, entities or bodies shall not give rise to any liability of any kind on their part if                     they did not know, and had no reasonable cause to suspect, that their actions would infringe the measures set out in this                     Regulation.                  

# Article 6U.K.

1.No claims 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, including claims for indemnity or any other claim of this                        type, such as a claim for compensation or a claim under a guarantee, particularly a claim for extension or payment of a bond,                        guarantee or indemnity, particularly a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if                        they are made by:                  

(a)designated natural or legal persons, entities or bodies listed in Annex I to Council Regulation (EU) No 269/2014;                  

(b)any natural or legal person, entity or body acting through or on behalf of one of the persons, entities or bodies referred                        to in point (a);                  

(c)any natural or legal person, entity or body which has been found by an arbitral, judicial or administrative decision to have                        infringed the prohibitions set out in this Regulation;                  

(d)any natural or legal person, entity or body, if the claim relates to goods the import of which is prohibited under Article                        2.                  

2.In any proceedings for the enforcement of a claim, the onus of proving that satisfying the claim is not prohibited by paragraph                        1 shall be on the natural or legal person, entity or body seeking the enforcement of that claim.                  

3.This Article is without prejudice to the right of natural or legal persons, entities or bodies referred to in paragraph 1                        to judicial review of the legality of the non-performance of contractual obligations in accordance with this Regulation.                  

# Article 7U.K.

1.The Commission and the Member States shall inform each other of the measures taken under this Regulation and share any other                        relevant information at their disposal in connection with this Regulation, in particular information in respect of violation                        and enforcement problems and judgments handed down by national courts.                  

2.The Member States shall immediately inform each other and the Commission of any other relevant information at their disposal                        which might affect the effective implementation of this Regulation.                  

# Article 8U.K.

1.Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall                        take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate                        and dissuasive.                  

2.Member States shall notify the rules referred to in paragraph 1 to the Commission without delay after the entry into force                        of this Regulation and shall notify it of any subsequent amendment.                  

# Article 9U.K.

1.Member States shall designate the competent authorities referred to in this Regulation and identify them on the websites listed                        in the Annex. Member States shall notify the Commission of any changes in the addresses of their websites listed in the Annex.                  

2.Member States shall notify the Commission of their competent authorities, including the contact details of those competent                        authorities, without delay after the entry into force of this Regulation, and shall notify it of any subsequent amendment.                  

3.Where this Regulation sets out a requirement to notify, inform or otherwise communicate with the Commission, the address and                        other contact details to be used for such communication shall be those indicated in the Annex.                  

# Article 10U.K.

This Regulation shall apply:

within the territory of the Union, including its airspace;

on board any aircraft or any vessel under the jurisdiction of a Member State;

to any person inside or outside the territory of the Union who is a national of a Member State;

to any legal person, entity or body, inside or outside the territory of the Union, which is incorporated or constituted under                              the law of a Member State;                           

to any legal person, entity or body in respect of any business done in whole or in part within the Union.

# Article 11U.K.

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.

## [F1ANNEX I]U.K.Websites for information on the competent authorities and address for notification to the European Commission

          -  BELGIUM  http://www.diplomatie.be/eusanctions 
          -  BULGARIA  http://www.mfa.bg/en/pages/135/index.html 
          -  CZECH REPUBLIC  http://www.mfcr.cz/mezinarodnisankce 
          -  DENMARK  http://um.dk/da/politik-og-diplomati/retsorden/sanktioner/ 
          -  GERMANY  http://www.bmwi.de/DE/Themen/Aussenwirtschaft/aussenwirtschaftsrecht,did=404888.html 
          -  ESTONIA  http://www.vm.ee/est/kat_622/ 
          -  IRELAND  http://www.dfa.ie/home/index.aspx?id=28519 
          -  GREECE  http://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html 
          -  SPAIN  http://www.exteriores.gob.es/Portal/es/PoliticaExteriorCooperacion/GlobalizacionOportunidadesRiesgos/Documents/ORGANISMOS%20COMPETENTES%20SANCIONES%20INTERNACIONALES.pdf 
          -  FRANCE  http://www.diplomatie.gouv.fr/autorites-sanctions/ 
          -  CROATIA  http://www.mvep.hr/sankcije 
          -  ITALY  http://www.esteri.it/MAE/IT/Politica_Europea/Deroghe.htm 
          -  CYPRUS  http://www.mfa.gov.cy/sanctions 
          -  LATVIA  http://www.mfa.gov.lv/en/security/4539 
          -  LITHUANIA  http://www.urm.lt/sanctions 
          -  LUXEMBOURG  http://www.mae.lu/sanctions 
          -  HUNGARY  http://www.kulugyminiszterium.hu/kum/hu/bal/Kulpolitikank/nemzetkozi_szankciok/ 
          -  MALTA  http://www.doi.gov.mt/EN/bodies/boards/sanctions_monitoring.asp 
          -  NETHERLANDS  www.rijksoverheid.nl/onderwerpen/internationale-vrede-en-veiligheid/sancties 
          -  AUSTRIA  http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version= 
          -  POLAND  http://www.msz.gov.pl 
          -  PORTUGAL  http://www.portugal.gov.pt/pt/os-ministerios/ministerio-dos-negocios-estrangeiros/quero-saber-mais/sobre-o-ministerio/medidas-restritivas/medidas-restritivas.aspx 
          -  ROMANIA  http://www.mae.ro/node/1548 
          -  SLOVENIA  http://www.mzz.gov.si/si/zunanja_politika_in_mednarodno_pravo/zunanja_politika/mednarodna_varnost/omejevalni_ukrepi/ 
          -  SLOVAKIA  http://www.mzv.sk/sk/europske_zalezitosti/europske_politiky-sankcie_eu 
          -  FINLAND  http://formin.finland.fi/kvyhteistyo/pakotteet 
          -  SWEDEN  http://www.ud.se/sanktioner 
          -  UNITED KINGDOM  https://www.gov.uk/sanctions-embargoes-and-restrictions 

Address for notifications to the European Commission:

European Commission

Service for Foreign Policy Instruments (FPI)

EEAS 02/309

B-1049 Brussels

Belgium

E-mail: relex-sanctions@ec.europa.eu

## [F2ANNEX IIU.K.

Mineral Resources referred to in Article 2a:                   

## ANNEX IIIU.K.

Key equipment and technology related to the creation, acquisition or development of infrastructure in Crimea and Sevastopol                        referred to in Article 2c:                   

1

Council Decision 2014/386/CFSP of 23 June 2014 concerning restrictions on goods originating in Crimea or Sevastopol, in response                              to the illegal annexation of Crimea and Sevastopol (see page 70 of this Official Journal).                           

2

OJ L 302, 19.10.1992, p. 1.                           

3

[X1OJ L 118, 22.4.2014, p. 1.]                            

Editorial Information

X1Substituted by Corrigendum to Council Regulation (EU) No 692/2014 of 23 June 2014 concerning restrictions on the import into the Union of                                    goods originating in Crimea or Sevastopol, in response to the illegal annexation of Crimea and Sevastopol (Official Journal                                    of the European Union L 183 of 24 June 2014).