L 159 I/4
EN
Official Journal of the European Union
23.6.2023
(26)
Those propaganda actions have been channelled through a number of media outlets under the permanent direct or indirect control of the leadership of the Russian Federation.
Such actions constitute a significant and direct threat to the Union’s public order and security.
Those media outlets are essential and instrumental in bringing forward and supporting the war of aggression against Ukraine, and for the destabilisation of its neighbouring countries.
(27)
In view of the gravity of the situation, and in response to Russia’s actions destabilising the situation in Ukraine, it is necessary, consistent with the fundamental rights and freedoms recognised in the Charter of Fundamental Rights of the European Union, in particular with the right to freedom of expression and information as recognised in Article 11 thereof, to introduce further restrictive measures to suspend the broadcasting activities of such media outlets in the Union or directed at the Union.
The measures should be maintained until the war of aggression against Ukraine is put to an end, and until Russia, and its associated media outlets, cease to conduct propaganda actions against the Union and its Member States.
(28)
Consistent with the fundamental rights and freedoms recognised in the Charter of Fundamental Rights of the European Union, in particular with the right to freedom of expression and information, the freedom to conduct a business and the right to property as recognised in Articles 11, 16 and 17 thereof, those measures do not prevent the media outlets and their staff from carrying out activities in the Union other than broadcasting, such as research and interviews.
In particular, those measures do not modify the obligation to respect the rights, freedoms and principles referred to in Article 6 of the Treaty on European Union, set out in the Charter of Fundamental Rights of the European Union, and in Member States’ constitutions, within their respective fields of application.
(29)
In order to ensure consistency with the process provided for in Decision 2014/512/CFSP for suspending broadcasting licences, the Council should exercise implementing powers to decide, following an examination of the respective cases, whether the restrictive measures are to become applicable on the date specified in Regulation (EU) No 833/2014 in respect of several entities listed in Annex XV to Regulation (EU) No 833/2014.
(30)
Decision (CFSP) 2023/1217 extends the prohibition on the transport of goods by road in the Union by trailers and semi-trailers registered in Russia, including when hauled by trucks registered outside of Russia.
(31)
Attempts to circumvent Union restrictive measures have resulted in a sharp increase of deceptive practices by vessels transporting Russian crude oil and petroleum products.
Consequently, Decision (CFSP) 2023/1217 prohibits access to ports and locks in the territory of the Union by vessels engaged in ship-to-ship transfers where the competent authorities have reasonable cause to suspect that a vessel is in breach of the ban on importing seaborne Russian crude oil and petroleum products into the Union or is transporting Russian crude oil or petroleum products purchased above the price cap agreed by the Price Cap Coalition.
That prohibition applies to all vessels, irrespective of their flag of registration, and to any ship-to-ship transfers carried out at any point during the voyage to a Member State’s ports or locks.
In any event, vessels will be prohibited from accessing ports and locks in the territory of the Union if they do not notify the competent authority at least 48 hours in advance about a ship-to-ship transfer occurring within specific geographical areas.
In addition, that prohibition will further reinforce the measures adopted by Member States to protect their coasts from potential environmental accidents caused by such ship-toship transfers.
(32)
Decision (CFSP) 2023/1217 also prohibits access to ports and locks in the territory of the Union by vessels which competent authorities have reasonable cause to suspect of illegally interfering with, switching off or otherwise disabling their shipborne automatic identification systems (AIS) when transporting Russian crude oil and petroleum products in breach of SOLAS Regulation V/19, point 2.4.
That prohibition does not apply in circumstances where the shipborne AIS can be legitimately turned off in accordance with international agreements, rules or standards that provide for the protection of navigational information, such as navigation through high-security-risk waters.
That prohibition also applies to all vessels, irrespective of their flag of registration, and for any illegal interference with the navigation system at any point during the voyage to a Member State’s ports or locks.