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
Date: 2022-04-11
Institutions: Directorate-General for Financial Stability, Financial Services and Capital Markets Union, European Commission
Subjects: EU restrictive measure, Russia, Ukraine, economic sanctions, humanitarian aid, international sanctions, territorial dispute, territorial law

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   EUROPEAN COMMISSION HIGH REPRESENTATIVE OF THE UNION FOR FOREIGN AFFAIRS AND SECURITY POLICY 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  
 
 
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(2) 

(3) 

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EXPLANATORY MEMORANDUM 

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 Ukraine1, gives effect to the measures provided for 
by  Council  Decision  2014/145/CFSP  of  17 March  20142,  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.  

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/XXX3,  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.    

The  measures  provided  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.  

The  High  Representative  for  Foreign  Affairs  and  Security  Policy  and  the 
Commission  should  therefore  propose  to  amend  Council  Regulation  (EU)  No 
269/2014 accordingly. 

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OJ L 078 17.3.2014, p. 6. 
OJ L 078 17.3.2014, p. 16. 
[Please insert full reference.] 

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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)  2022/XXX  of  XX  XX  2022  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 1, 

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) 

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  Ukraine2  gives  effect  to  certain  measures  provided 
for  by  Council  Decision  2014/145/CFSP3,  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. 

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/XXX4  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) 

Council Regulation (EU) No 269/2014 should therefore be amended accordingly, 

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OJ L , , p. . 
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.). 
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.). 
[Please insert full reference.] 

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HAS ADOPTED THIS REGULATION: 

In Council Regulation (EU) No 269/2014, the following Article is inserted: 

Article 1 

‘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.’ 

This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

Article 2 

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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