Commission Implementing Regulation (EU) 2023/251 of 4 February 2023 amending Council Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine
Date: 2023-02-04
Institutions: Directorate-General for Financial Stability, Financial Services and Capital Markets Union, European Commission
Subjects: EU restrictive measure, Russia, Ukraine, economic sanctions, international sanctions, maximum price, petroleum product, territorial dispute, territorial law, trade restriction








LI2023032EN.01000401.xml










4.2.2023   


EN


Official Journal of the European Union


LI 32/4








            COMMISSION IMPLEMENTING REGULATION (EU) 2023/251
of 4 February 2023
         
amending Council Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EU) No 833/2014 (1) concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine, in particular Article 7a,

Whereas:







(1)


On 31 July 2014, the Council adopted Regulation (EU) No 833/2014.












(2)


Regulation (EU) No 833/2014 gives effect to certain measures provided for in Council Decision 2014/512/CFSP (2).












(3)


Council Decision (CFSP) 2022/1909 (3) introduced an exemption from the prohibition to provide maritime transport and the prohibition to provide technical assistance, brokering services or financing or financial assistance, related to the maritime transport to third countries of crude oil or petroleum products which originate in or are exported from Russia, purchased at or below a pre-established price cap agreed by the Price Cap Coalition. That exemption should mitigate adverse consequences on energy supply to third countries and reduce price surges driven by extraordinary market conditions, while limiting Russian oil revenues.












(4)


Council Decision (CFSP) 2022/2369 (4) introduced the price cap into its Annex XI, that is the price per barrel at or below which crude oil from Russia is exempt from the prohibition to provide maritime transport and the prohibition to provide technical assistance, brokering services or financing or financial assistance, related to the maritime transport to third countries.












(5)


On 4 February 2023, Council Decision (CFSP) 2023/252 (5) amended Decision 2014/512/CFSP to introduce two additional price caps on petroleum products into its Annex XI, one for petroleum products traded at a discount to crude oil (‘discount to crude oil’) and a second one for petroleum products traded at a premium to crude (‘premium to crude oil’), that is the price per barrel at or below which petroleum products from Russia are exempt from the prohibition to provide maritime transport and the prohibition to provide technical assistance, brokering services or financing or financial assistance, related to the maritime transport to third countries.












(6)


Annex XXVIII to Regulation (EU) No 833/2014 should therefore be amended accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Annex XXVIII to Regulation (EU) No 833/2014 is amended as set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the day following that 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, 4 February 2023.


For the Commission


The President

Ursula VON DER LEYEN
            





(1)  Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 229, 31.7.2014, p. 1).

(2)  Council Decision 2014/512/CFSP of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 229, 31.7.2014, p. 13).

(3)  Council Decision (CFSP) 2022/1909 of 6 October 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 259 I, 6.10.2022, p. 122).

(4)  Council Decision (CFSP) 2022/2369 of 3 December 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 311 I, 3.12.2022, p. 8).

(5)  Council Decision (CFSP) 2023/252 of 4 February 2023 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 32 I, 4.2.2023, p. 11).




ANNEX
Annex XXVIII to Council Regulation (EU) No 833/2014 is amended as follows:






(1)


the following text is deleted:

                        ‘[table with product CN codes and corresponding prices as agreed by the Price Cap Coalition]’
                     










(2)


the following sub-title is added to the table:

                        ‘
                        Price for crude oil
                        ’
                     










(3)


the following sub-title and table are added:

                                 ‘
                                 Prices for petroleum products










CN Code


Description


Premium to crude oil/
Discount to crude oil


Price per barrel (USD)


Date of application




 


Petroleum oils and oils obtained from bituminous minerals (other than crude) and preparations not elsewhere specified or included, containing by weight 70  % or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations, other than those containing biodiesel and other than waste oils


 




2710 12 


Light oils and preparations




2710 12 11 


For undergoing a specific process


Discount to crude oil


45 


5 February 2023




2710 12 15 


For undergoing chemical transformation by a process other than those specified in respect of subheading 2710 12 11 


Discount to crude oil


45 


5 February 2023




 


For other purposes
Special spirits


 




2710 12 21 


White spirit


Discount to crude oil


45 


5 February 2023




2710 12 25 


Other


Discount to crude oil


45 


5 February 2023




 


Other
Motor spirit


 




2710 12 31 


Aviation spirit


Premium to crude oil


100 


5 February 2023




 


Other, with a lead content
Not exceeding 0,013  g per litre


 




2710 12 41 


With an octane number (RON) of less than 95 


Premium to crude oil


100 


5 February 2023




2710 12 45 


With an octane number (RON) of 95  or more but less than 98 


Premium to crude oil


100 


5 February 2023




2710 12 49 


With an octane number (RON) of 98  or more


Premium to crude oil


100 


5 February 2023




2710 12 50 


Exceeding 0,013  g per litre


Premium to crude oil


100 


5 February 2023




2710 12 70 


Spirit type jet fuel


Premium to crude oil


100 


5 February 2023




2710 12 90 


Other light oils


Premium to crude oil


100 


5 February 2023




2710 19 


Other


 




 


Medium oils




2710 19 11 


For undergoing a specific process


Premium to crude oil


100 


5 February 2023




2710 19 15 


For undergoing chemical transformation by a process other than those specified in respect of subheading 2710 19 11 


Premium to crude oil


100 


5 February 2023




 


For other purposes
Kerosene


 




2710 19 21 


Jet fuel


Premium to crude oil


100 


5 February 2023




2710 19 25 


Other


Premium to crude oil


100 


5 February 2023




2710 19 29 


Other


Premium to crude oil


100 


5 February 2023




 


Heavy oils
Gas oils


 




2710 19 31 


For undergoing a specific process


Premium to crude oil


100 


5 February 2023




2710 19 35 


For undergoing chemical transformation by a process other than those specified in respect of subheading 2710 19 31 


Premium to crude oil


100 


5 February 2023




 


For other purposes


 




2710 19 43 


With a sulphur content not exceeding 0,001  % by weight


Premium to crude oil


100 


5 February 2023




2710 19 46 


With a sulphur content exceeding 0,001  % by weight but not exceeding 0,002  % by weight


Premium to crude oil


100 


5 February 2023




2710 19 47 


With a sulphur content exceeding 0,002  % by weight but not exceeding 0,1  % by weight


Premium to crude oil


100 


5 February 2023




2710 19 48 


With a sulphur content exceeding 0,1  % by weight


Premium to crude oil


100 


5 February 2023




 


Fuel oils


 




2710 19 51 


For undergoing a specific process


Discount to crude oil


45 


5 February 2023




2710 19 55 


For undergoing chemical transformation by a process other than those specified in respect of subheading 2710 19 51 


Discount to crude oil


45 


5 February 2023




 


For other purposes


 




2710 19 62 


With a sulphur content not exceeding 0,1  % by weight


Discount to crude oil


45 


5 February 2023




2710 19 66 


With a sulphur content exceeding 0,1  % by weight but not exceeding 0,5  % by weight


Discount to crude oil


45 


5 February 2023




2710 19 67 


With a sulphur content exceeding 0,5  % by weight


Discount to crude oil


45 


5 February 2023




 


Lubricating oils; other oils


 




2710 19 71 


For undergoing a specific process


Premium to crude oil


100 


5 February 2023




2710 19 75 


For undergoing chemical transformation by a process other than those specified in respect of subheading 2710 19 71 


Discount to crude oil


45 


5 February 2023




 


For other purposes


 




2710 19 81 


Motor oils, compressor lube oils, turbine lube oils


Discount to crude oil


45 


5 February 2023




2710 19 83 


Hydraulic oils


Discount to crude oil


45 


5 February 2023




2710 19 85 


White oils, liquid paraffin


Discount to crude oil


45 


5 February 2023




2710 19 87 


Gear oils and reductor oils


Discount to crude oil


45 


5 February 2023




2710 19 91 


Metal-working compounds, mould-release oils, anti-corrosion oils


Discount to crude oil


45 


5 February 2023




2710 19 93 


Electrical insulating oils


Discount to crude oil


45 


5 February 2023




2710 19 99 


Other lubricating oils and other oils


Discount to crude oil


45 


5 February 2023




2710 20 


Petroleum oils and oils obtained from bituminous minerals (other than crude) and preparations not elsewhere specified or included, containing by weight 70  % or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations, containing biodiesel, other than waste oils


 




 


Gas oils




2710 20 11 


With a sulphur content not exceeding 0,001  % by weight


Premium to crude oil


100 


5 February 2023




2710 20 16 


With a sulphur content exceeding 0,001  % by weight but not exceeding 0,1  % by weight


Premium to crude oil


100 


5 February 2023




2710 20 19 


With a sulphur content exceeding 0,1  % by weight


Premium to crude oil


100 


5 February 2023




 


Fuel oils


 




2710 20 32 


With a sulphur content not exceeding 0,5  % by weight


Discount to crude oil


45 


5 February 2023




2710 20 38 


With a sulphur content exceeding 0,5  % by weight


Discount to crude oil


45 


5 February 2023




2710 20 90 


Other oils


Discount to crude oil


45 


5 February 2023




 


Waste oils


 




2710 91 


Containing polychlorinated biphenyls (PCBs), polychlorinated terphenyls (PCTs) or polybrominated biphenyls (PBBs)


Discount to crude oil


45 


5 February 2023




2710 99 


Other


Discount to crude oil


45 


5 February 2023’