COMMISSION DELEGATED REGULATION (EU) 2022/699

of 3 May 2022

amending Regulation (EU) 2021/821 of the European Parliament and of the Council by removing Russia as a destination from the scope of Union general export authorisations

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (1), and in particular Article 17(2) thereof,

Whereas:

(1) In light of Russia’s illegal attack on Ukraine’s territorial integrity, sovereignty, and independence and the respective threats to the Union’s essential security interests, the Union decided to impose further restrictions on exports of dual-use goods and technology and on the provision of related services. Council Regulation (EU) 2022/328 (2) imposes, amongst others, restrictions on exports of dual-use goods and technology and on the provision of related services. Council Regulation (EU) 2022/394 (3) further imposes export restrictions on navigation goods and technologies. Council Regulation (EU) 2022/428 (4) imposes export restrictions on equipment, technology and services for Russia’s energy industry (excluding nuclear industry and the downstream sector of energy transport). Council Regulation (EU) 2022/576 (5) imposes additional export restrictions on a range of advanced technologies.

(2) Regulation (EU) 2021/821 introduces eight Union general export authorisations for exports of certain items to certain destinations under specific conditions and requirements. Currently, three Union general export authorisations can be used for exports to Russia: EU003 (re-export of items after repair or replacement in the EU), EU004 (export of items for fairs or exhibitions), EU005 (exports of telecommunications equipment).

(3) In view of the Union’s actions against Russia, it is appropriate to remove Russia from the destination lists of Union general export authorisations Nos EU003, EU004 and EU005 in order to prevent Russia from gaining access to critical technologies and dual-use items.

(4) Regulation (EU) 2021/821 should therefore be amended accordingly.

(5) In view of the direct threat to European peace and security posed by the conflict, there exist imperative grounds of urgency for removing Russia from the scope of Union general export authorisations Nos EU003, EU004, and EU005. For that reason, the urgency procedure provided for in Article 19(1) of Regulation (EU) 2021/821 should apply and this delegated act should enter into force on the day following that of its publication in the Official Journal of the European Union,

HAS ADOPTED THIS REGULATION:

Article 1 Annex II to Regulation (EU) 2021/821 is amended in accordance with the Annex to 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, 3 May 2022. For the Commission The President Ursula VON DER LEYEN

(1) OJ L 206, 11.6.2021, p. 1.

(2) Council Regulation (EU) 2022/328 of 25 February 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 49, 25.2.2022, p. 1).

(3) Council Regulation (EU) 2022/394 of 9 March 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 81, 9.3.2022, p. 1).

(4) Council Regulation (EU) 2022/428 of 15 March 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 87 I, 15.3.2022, p. 13).

(5) Council Regulation (EU) 2022/576 of 8 April 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 111, 8.4.2022, p. 1).