Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
Date: 2022-05-06
Institutions: Directorate-General for Financial Stability, Financial Services and Capital Markets Union, European Commission
Subjects: EU restrictive measure, Russia, Ukraine, economic sanctions, international sanctions, legal person, natural person, territorial dispute, territorial law, trade restriction

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   EUROPEAN COMMISSION HIGH REPRESENTATIVE OF THE UNION FOR FOREIGN AFFAIRS AND SECURITY POLICY Brussels, 6.5.2022  JOIN(2022) 14 final/2  DOWNGRADED on 5.7.2022 2022/0156 (NLE)  Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine  
 
 
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EXPLANATORY MEMORANDUM 

Council Regulation (EU) No 269/2014 concerning restrictive measures in respect of 
actions  undermining  or  threatening  the  territorial  integrity,  sovereignty  and 
independence of Ukraine gives effect to restrictive measures provided for in Decision 
2014/145/CFSP. 

On  XXX  2022,  the  Council  adopted  Decision  XXXX  amending  Decision 
2014/145/CFSP that introduces further derogation options from the asset freeze and 
the  prohibition  to  make  funds  and  economic  resources  available  to  designated 
persons and entities. It is also appropriate to clarify and strengthen the provisions on 
national penalties for the breach of the measures in that Regulation. 

Further  action  by  the  Union  is  needed  in  order  to  give  effect  to  these  measures  in 
Union law. 

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

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2022/0156 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) No 269/2014 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 2014/145/CFSP of 17 March 2014 concerning restrictive 
measures in respect of actions undermining or threatening the territorial integrity, sovereignty 
and independence of Ukraine1, 

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) 

Council  Regulation  (EU)  No  269/2014  concerning  restrictive  measures  in  respect  of 
actions  undermining  or 
integrity,  sovereignty  and 
the 
independence of Ukraine gives effect to restrictive measures provided for in Decision 
2014/145/CFSP. 

threatening 

territorial 

On  XX  YY  2022,  the  Council  adopted  Decision  XXXX  amending  Decision 
2014/145/CFSP  that  introduced  further  derogation  options  from  the  asset  freeze  and 
the prohibition to make funds and economic resources available to designated persons 
and entities. It is also appropriate to clarify and strengthen the provisions on national 
penalties for the breach of the measures in that Regulation.  

These amendments fall within the scope of the Treaty and therefore 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 in all Member States. 

(4) 

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

HAS ADOPTED THIS REGULATION: 

Council Regulation (EU) No 269/2014 is amended as follows: 

(1) the following article is inserted : 

Article 1 

1 

OJ L 078, 17.3.2014, p. 16. 

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‘Article 6c 

1. By way of derogation from Article 2, the competent authorities of the Member States may 
authorise the release of certain frozen funds or economic resources, or the making available of 
certain funds or economic resources to a person, entity or body listed in Annex I, under such 
conditions  as  they  deem  appropriate,  after  having  determined  that  such  funds  or  economic 
resources  are  strictly  necessary  for  the  provision  of  electronic  communication  services  by 
subsidiaries established in Russia of EU telecommunication operators and for the provision of 
services  and  equipments  necessary  for  the  operation,  maintenance  and  security  of  such 
communication services. 

2. The Member State concerned shall inform the other Member States and the Commission of 
any authorisation granted under this article within one week of the authorisation.’ 

 (2) in Article 15, paragraph 1 is replaced by the following: 

‘1.  Member  States  shall  lay  down  the  rules  on  penalties,  including  criminal  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.  Member  States  shall  also  provide  for  appropriate  measures  of 
confiscation of the proceeds of such infringements.’ 

This  Regulation  shall  enter  into  force  on  the  day  following  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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