Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) 2022/263 concerning restrictive measures in response to the recognition of the non-government controlled areas of Donetsk and Luhansk oblasts of Ukraine and the ordering of Russian armed forces into the area
Date: 2022-09-28
Institutions: Directorate-General for Financial Stability, Financial Services and Capital Markets Union, European Commission
Subjects: EU restrictive measure, Russia, Ukraine, armed forces, economic sanctions, international sanctions, territorial dispute, territorial law

EN 

  EN 

   EUROPEAN COMMISSION HIGH REPRESENTATIVE OF THE UNION FOR FOREIGN AFFAIRS AND SECURITY POLICY Brussels, 28.9.2022  JOIN(2022) 44 final/2          Downgraded on 9.2.2023 2022/0316 (NLE)  Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) 2022/263 concerning restrictive measures in response to the recognition of the non-government controlled areas of Donetsk and Luhansk oblasts of Ukraine and the ordering of Russian armed forces into the area  
 
 
EXPLANATORY MEMORANDUM 

(1) 

(2) 

(3) 

(4) 

(5) 

Regulation  (EU)  2022/263  concerning  restrictive  measures  in  response  to  the 
recognition  of  the  non-government  controlled  areas  of  the  Donetsk  and  Luhansk 
oblasts  of Ukraine  and the ordering of Russian armed forces into those  areas  gives 
effect to restrictive measures provided for in Decision (CFSP) 2022/266. 

On  21  September  2022,  the  Russian  Federation  decided  to  further  escalate  its 
aggression  against  Ukraine  by  supporting  the  organisation  of  illegal  “referenda”  in 
the parts of Donetsk, Kherson, Luhansk, and Zaporizhzhia regions that are currently 
occupied by Russia, which aim at the annexation of these Ukrainian territories by the 
Russian Federation, as well as by announcing a partial mobilisation in Russia and by 
threatening again with the use of weapons of mass destruction. 

On  XX  YY  2022,  the  Council  adopted  Decision  (CFSP)  XXX/XXX  amending  the 
title  of  Decision  (CFSP)  2022/266  and  extending  the  geographical  scope  of  the 
restrictions  contained  therein  to  cover  all  the  non-government  controlled  areas  of 
Ukraine in the oblasts of Donetsk, Luhansk, Zaporizhzhia and Kherson. 

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  2022/263 
accordingly.

EN 

1 

  EN 

 
 
 
2022/0316 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) 2022/263 concerning restrictive measures in response to the 
recognition of the non-government controlled areas of Donetsk and Luhansk oblasts of 
Ukraine and the ordering of Russian armed forces into the area 

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)  2022/266  concerning  restrictive  measures  in  response  to 
the  recognition  of  the  non-government  controlled  areas  of  Donetsk  and  Luhansk  oblasts  of 
Ukraine and the ordering of Russian armed forces into the area1, 

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 2022/263 concerning restrictive measures in response to 
the  recognition  of  the  non-government  controlled  areas  of  the  Donetsk  and  Luhansk 
oblasts  of  Ukraine  and  the  ordering  of  Russian  armed  forces  into  those  areas  gives 
effect to restrictive measures provided for in Decision (CFSP) 2022/266. 

On XX YY 2022, the Council adopted Decision (CFSP) XXX/XXX amending the title 
of Decision (CFSP) 2022/266 and extending the geographical scope of the restrictions 
contained therein  to  cover all the non-government  controlled areas  of Ukraine in  the 
oblasts of Donetsk, Luhansk, Zaporizhzhia and Kherson. The political context and the 
policy  reasons  for  extending  the  scope  of  the  restrictive  measures  are  set  out  in  the 
recitals to Decision (CFSP) XXX/XXX. 

(3) 

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 2022/263 should therefore be amended accordingly, 

 HAS ADOPTED THIS REGULATION: 

Council Regulation (EU) No 2022/263 is amended as follows: 

(1) 

The title is replaced by the following: 

Article 1 

1 

OJ L 42I , 23.2.2022, p. 109–113. 

EN 

2 

  EN 

 
 
                                                 
‘Council Regulation (EU) 2022/263 of 23 February 2022 concerning restrictive measures in 
response  to  the  illegal  recognition,  occupation  or  annexation  by  the  Russian  Federation  of 
certain non-government controlled areas of Ukraine’ 

(2) 

in Article 1, point (d) is replaced by the following: 

‘(d)  ‘specified  territories’  means  the  non-government  controlled  areas  of  Ukraine  in  the 
oblasts of Donetsk, Luhansk, Zaporizhzhia and Kherson’ 

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 

EN 

3 

  EN