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: 2022-09-28
Institutions: Directorate-General for Financial Stability, Financial Services and Capital Markets Union, European Commission
Subjects: EU restrictive measure, Russia, Ukraine, 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, 28.9.2022  JOIN(2022) 43 final/2   DOWNGRADED on 25.11.2022 2022/0315 (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  
 
 
EXPLANATORY MEMORANDUM 

(1) 

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. 

(2)     On  XX  YY  2022,  the  Council  adopted  Decision  (CFSP)  XXX/XXX  amending 
Decision 2014/145/CFSP, whereby it introduced a further criterion for the listing of 
natural or legal persons, entities or bodies subject to asset freeze and the prohibition 
to make funds and economic resources available to designated persons and entities. 
Decision (CFSP)  XXX/XXX also introduced further derogations to the asset freeze 
and the prohibition to make funds and economic resources available with respect to 
certain  listed  entities  and  included  additional  provisions  on  Member  States’ 
obligations concerning the granting of derogations. 

 (3) 

(4) 

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. 

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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2022/0315 (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) 

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  (CFSP)  XXX/XXX  amending 
Decision  2014/145/CFSP,  whereby  it  introduced  a  further  criterion  for  the  listing  of 
natural or legal persons, entities or bodies subject to asset freeze and the prohibition to 
make  funds  and  economic  resources  available  to  designated  persons  and  entities. 
Decision  XXXX  also  introduced  further  derogations  to  the  asset  freeze  and  the 
prohibition  to  make  funds  and  economic  resources  available  with  respect  to  certain 
listed  entities  and  included  additional  provisions  on  Member  States’  obligations 
concerning the granting of derogations. 

(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 269/2014 should therefore be amended accordingly. 

HAS ADOPTED THIS REGULATION: 

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

Article 1 

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OJ L 078, 17.3.2014, p. 16. 

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(1) 

In Article 3, paragraph 1, the following letter is inserted: 

‘(h)  natural  or  legal  persons,  entities  or  bodies  facilitating  circumvention  or  evasion  of  the 
provisions  of  this  Regulation,  of  Council  Regulation  (EU)  No  833/2014,  of  Council 
Regulation  (EU)  2022/263,  of  Council  Regulation  (EU)  No  692/2014,  of  Council  Decision 
2014/145/CFSP, of Council Decision 2014/512/CFSP, of Council Decision (CFSP) 2022/266 
or of Council Decision 2014/386/CFSP,’ 

(2) 

Article 6a is replaced by the following: 

‘Article 6a 

1.  By  way  of  derogation  from  Article  2(2),  the  competent  authorities  of  the  Member  States 
may authorise payments to the Crimean Sea Ports for services provided at the ports of Kerch 
Fishery  Port,  Yalta  Commercial  Port  and  Evpatoria  Commercial  Port,  and  for  services 
provided by Gosgidrografiya and by Port-Terminal branches of the Crimean Sea Ports. 

2. The Member State concerned shall inform the other Member States and the Commission of 
any authorisation granted under paragraph 1, within 2 weeks of the authorisation.’ 

(3) The following paragraphs are inserted in Article 6b: 

‘4.  By  way  of  derogation  from  Article 2,  the  competent  authorities  of  a  Member State  may 
authorise  the  release  of  certain  frozen  funds  or  economic  resources  belonging  to  the  entity 
listed under entry number 91 in Annex I, or the making available of certain funds or economic 
resources to that entity, under such conditions as the competent authorities deem appropriate 
and  after  having  determined  that  such  funds  or  economic  resources  are  necessary  for  the 
completion, of transactions, including sales, which are strictly necessary for the wind-down, 
by  31 December  2022,  of  a  joint  venture  or  similar  legal  arrangement  concluded  before 
16 March  2022,  involving  a  legal  person,  entity  or  body  referred  to  in  Annex  XIX  of 
Regulation 833/2014. 

5.  By  way  of  derogation  from  Article  2,  the  competent  authorities  of  a  Member  State  may 
authorise  the  release  of  certain  frozen  funds  or  economic  resources  belonging  to  the  entity 
listed  under  entry  number  101  in  Annex  I,  or  the  making  available  of  certain  funds  or 
economic  resources  to  that  entity,  under  such  conditions  as  the  competent  authorities  deem 
appropriate and after having determined that such funds or economic resources are necessary 
for the termination by [OJ: please insert the date 3 months after the entry into force of this 
Regulation],  of  operations,  contracts,  or  other  agreements  concluded  with  or  otherwise 
involving that entity before 3 June 2022. 

6.  The Member State concerned shall inform the other Member States and the Commission of 
any authorisation granted under this Article within 2 weeks of the authorisation.’ 

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

Article 2 

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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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