Joint Proposal for a COUNCIL REGULATION amending Council Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine
Date: 2022-02-27
Institutions: Directorate-General for Financial Stability, Financial Services and Capital Markets Union, European Commission
Subjects: EU restrictive measure, Russia, Ukraine, air transport, central bank, economic sanctions, international sanctions, territorial dispute, territorial law

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   EUROPEAN COMMISSION HIGH REPRESENTATIVE OF THE UNION FOR FOREIGN AFFAIRS AND SECURITY POLICY Brussels, 27.2.2022  JOIN(2022) 30 final/2 -DOWNGRADED on 9.9.2022 2022/0063 (NLE)  Joint Proposal for a COUNCIL REGULATION amending Council Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine  
 
 
2022/0063 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EU) No 833/2014 concerning restrictive measures in view 
of Russia's actions destabilising the situation in 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  Decision  (CFSP)  2022/XXX1  of  XX  February  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: 

(1) 

(2) 

(3) 

(4) 

On  31  July  2014,  the  Council  adopted  Regulation  (EU)  No  833/2014  concerning 
restrictive measures in view of Russia's actions destabilising the situation in Ukraine. 

Regulation  (EU)  No  833/2014  gives  effect  to  certain  measures  provided  for  in 
Council Decision 2014/512/CFSP.  

On  [DATE]  the  Council  adopted  Decision  (CFSP)2022/XXX  amending  Decision 
2014/512/CFSP  and  imposing  further  restrictive  measures  prohibiting  Russian  air 
carriers or any Russian registered aircraft, or non-Russian registered aircraft which is 
owned or chartered, or otherwise controlled by any Russian natural or legal person, 
entity  or  body  from  landing  in,  taking  off  from  or  overflying  the  territory  of  the 
Union. It also prohibits any transactions with the Central Bank of Russia.  

These measures fall within the scope of the Treaty and, therefore, in particular with a 
view to ensuring their uniform application in all Member States, regulatory action at 
the level of the Union is necessary. 

(5) 

Regulation (EU) No 833/2014 should therefore be amended accordingly. 

HAS ADOPTED THIS REGULATION: 

Regulation (EU) 833/2014 is amended as follows:  

(1) 

In Article 1, point (r) is added: 

(r) 

“Russian  air  carrier”  means  an  air  transport  undertaking  holding  a  valid 
operating  licence  or  equivalent  issued  by  the  competent  authorities  of  the 
Russian Federation. 

(2) 

The following Articles are added: 

1 

OJ L , , p. . 

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‘Article 3d 

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1. 

2. 

3. 

4. 

1. 

2. 

(3) 

4. 

5.  

6.  

It shall be prohibited for any aircraft operated by Russia air carriers, including as a 
marketing carrier in code-sharing or blocked-space arrangements, or for any Russian 
registered  aircraft,  or  for  non-Russian  registered  aircraft  which  are  owned  or 
chartered,  or  otherwise  controlled  by  any  Russian  natural  or  legal  person,  entity  or 
body, to land in, take off from or overfly the territory of the Union. 

Paragraph  1  shall  not  apply  in  the  case  of  an  emergency  landing  or  an  emergency 
overflight. 

By way of derogation from paragraph 1, the competent authorities may authorise an 
aircraft  to  land  in,  take  off  from  or  overfly  the  territory  of  the  Union  if  those 
competent  authorities  have  determined  that  such  landing,  take-off  or  overflight  is 
required  for  humanitarian  purposes  or  any  other  purpose  consistent  with  the 
objectives of this Regulation. 

The  Member  State  or  Member  States  concerned  shall  inform  the  other  Member 
States  and  the  Commission  of  any  authorisation  granted  under  paragraph  3  within 
two weeks of the authorisation. 

Article 3e 

The  Network  Manager  appointed  by  the  Commission  pursuant  to  its  Implementing 
Decision  (EU)  2019/709  shall  support  the  Commission  and  its  Member  States  in 
ensuring  the  implementation  of  and  the  compliance  with  Article  3d.  The  Network 
Manager shall in particular: 

(a)  Reject all flight plans filed by aircraft operators indicating an intent to carry out 
activities over the territory of the Member States of the Union that constitute a 
violation of the provisions of this Regulation or with other safety and security 
measures in place, so that the pilot is not permitted to fly; and 

(b)  For all flights over international waters or third country territory by EU carriers 
or  other  aircraft  operators  that  constitute  a  violation  of  the  provisions  of  this 
Regulation  or  with  other  safety  and  security  measures  in  place,  develop  and 
implement  an  alert  or  alarm  process  to  ensure  that  aircraft  operators  are 
informed that the intended flight constitute a violation of this Regulation. 

The Network Manager shall regularly supply to the Commission and Member States, 
based on the analysis of flight plans, reports on the implementation Article 3d. 

Paragraphs 4, 5 and 6 are added to  Article 5a: 

All transactions with the Central Bank of Russia or any legal person, entity or body 
acting on behalf or at the direction of the Central Bank of Russia are prohibited. 

By way of derogation from  paragraph 4, the competent  authorities may  authorise a 
transaction provided that it is strictly necessary to ensure financial stability. 

The Member State concerned shall immediately inform the other Member States and 
the Commission of its intention to grant an authorisation under paragraph 5.’  

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Article 12 

It  shall  be  prohibited  to  participate,  knowingly  and  intentionally,  in  activities  the  object  or 
effect  of  which  is  to  circumvent  prohibitions  in  this  Regulation  including  by  acting  as  a 
substitute for  natural or  legal  persons, entities or bodies referred to  in  Articles 5,  5a, 5b, 5e 
and  5f  or  by  acting  to  their  benefit  by  using  the  exceptions  in  Articles  5(6),  5a(2),  5a(5), 
5b(2), 5e(2) or 5f(2).’ 

Article 2 

This Regulation shall enter into force on the day 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 

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