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Document 32023R2873
Council Regulation (EU) 2023/2873 of 18 December 2023 amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
Council Regulation (EU) 2023/2873 of 18 December 2023 amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
Council Regulation (EU) 2023/2873 of 18 December 2023 amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
ST/15373/2023/INIT
OJ L, 2023/2873, 18.12.2023, ELI: http://data.europa.eu/eli/reg/2023/2873/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
Relation | Act | Comment | Subdivision concerned | From | To |
---|---|---|---|---|---|
Modifies | 32014R0269 | Addition | article 3 paragraph 1 point (j) | 19/12/2023 | |
Modifies | 32014R0269 | Addition | article 3 paragraph 1a | 19/12/2023 | |
Modifies | 32014R0269 | Addition | article 5a | 19/12/2023 | |
Modifies | 32014R0269 | Addition | article 5b | 19/12/2023 | |
Modifies | 32014R0269 | Replacement | article 6b paragraph 2d | 19/12/2023 | |
Modifies | 32014R0269 | Addition | article 6b paragraph 5e | 19/12/2023 | |
Modifies | 32014R0269 | Addition | article 6b paragraph 5f | 19/12/2023 | |
Modifies | 32014R0269 | Addition | article 6b paragraph 5g | 19/12/2023 | |
Modifies | 32014R0269 | Replacement | article 6e paragraph 1 | 19/12/2023 | |
Modifies | 32014R0269 | Replacement | article 6f | 19/12/2023 | |
Modifies | 32014R0269 | Addition | article 8 paragraph 1 unnumbered paragraph | 19/12/2023 | |
Modifies | 32014R0269 | Addition | article 8 paragraph 1d | 19/12/2023 |
Relation | Act | Comment | Subdivision concerned | From | To |
---|---|---|---|---|---|
Corrected by | 32023R2873R(01) | (BG) |
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Official Journal |
EN Series L |
2023/2873 |
18.12.2023 |
COUNCIL REGULATION (EU) 2023/2873
of 18 December 2023
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 Ukraine (1),
Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,
Whereas:
(1) |
Council Regulation (EU) No 269/2014 (2) gives effect to restrictive measures provided for in Decision 2014/145/CFSP. |
(2) |
On 18 December 2023, the Council adopted Decision (CFSP) 2023/2871 (3) amending Decision 2014/145/CFSP. Decision (CFSP) 2023/2871 extends the listing criteria to cover natural or legal persons, entities or bodies benefitting from the compulsory transfer of ownership of, or control over, entities established in Russia that were previously owned or controlled by Union entities. |
(3) |
Decision (CFSP) 2023/2871 also sets out the conditions on which the Council is able to retain the name of a deceased person on the list of natural or legal persons, entities or bodies subject to the asset freeze and the prohibition on making funds and economic resources available, where it considers there is a likelihood that the assets concerned would otherwise be used to finance Russia’s war of aggression against Ukraine or other actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine. |
(4) |
Decision (CFSP) 2023/2871 also introduces a derogation to allow for the release of frozen funds or economic resources in the event that a Member State has decided to deprive in the public interest a listed natural or legal person, entity or body of funds or economic resources belonging to, owned by or controlled by that person, entity or body, and for making funds and economic resources available to such person, entity or body in order for compensation to be paid, provided that such compensation is frozen. |
(5) |
Decision (CFSP) 2023/2871 also introduces a derogation from the asset freeze and the prohibition on making funds and economic resources available to allow for the sale or use of shares in, or assets of, an entity established in Russia where the ownership or control by a Union legal person of that entity has been compulsorily transferred by the Russian Government. That derogation would enable, inter alia, the payment of agreed adequate compensation to Union legal persons. |
(6) |
Decision (CFSP) 2023/2871 also extends the deadline applicable to the existing derogation allowing the processing of payments by the Jewish Claims Conference through a listed bank and introduces a derogation to allow for certain payments as an indemnity or benefit for the materialisation of a risk involving a newly listed entity. |
(7) |
Decision (CFSP) 2023/2871 also introduces a temporary derogation from the asset freeze and the prohibition on making funds and economic resources available to allow the sale and transfer of proprietary rights directly or indirectly owned by certain listed natural or legal persons, entities or bodies in a legal person, entity or body established in the Union. |
(8) |
Decision (CFSP) 2023/2871 also introduces a derogation from the asset freeze and the prohibition on making funds and economic resources available to allow for the termination of contracts concluded with a newly listed entity. |
(9) |
Decision (CFSP) 2023/2871 also extends to a newly listed insurance company the existing derogation currently applicable to certain listed banks, allowing for the purchase, import or transport of agricultural and food products. |
(10) |
Decision (CFSP) 2023/2871 also makes technical amendments in the operative text, defines the scope of certain reporting obligations and introduces an obligation for national competent authorities of Member States to designate in accordance with national legislation the national authorities competent to identify and trace, where appropriate, funds and economic resources belonging to, or owned, held or controlled by, listed natural or legal persons, entities or bodies, with a view to preventing or detecting instances of a breach or circumvention, or attempts at a breach or circumvention, of Regulation (EU) No 269/2014. That obligation to designate does not necessarily require Member States to create a new authority. |
(11) |
The amendments made to Decision 2014/145/CFSP by Decision (CFSP) 2023/2871 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. |
(12) |
Regulation (EU) No 269/2014 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 269/2014 is amended as follows:
(1) |
Article 3 is amended as follows:
|
(2) |
the following Articles are inserted: ‘Article 5a 1. 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, or the making available of certain funds or economic resources, after having determined that a judicial or administrative authority of a Member State has adopted a decision, under the conditions provided by law, to deprive in the public interest a natural or legal person, entity or body listed in Annex I of funds or economic resources belonging to, owned by or controlled by such person, entity or body, provided that compensation paid for such deprivation of funds or economic resources is frozen. 2. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1. Article 5b 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 belonging to the natural or legal persons, entities or bodies listed in Annex I pursuant to Article 3(1), point (j), or the making available of certain funds or economic resources to those natural or legal persons, entities or bodies, under such conditions as they deem appropriate, after having determined that those funds or economic resources are necessary for the sale or use of shares in, or assets of, legal persons, entities or bodies established in Russia listed in Annex I pursuant to Article 3(1), point (j), in order to enable the payment of the consideration agreed by the parties or for the compensation decided by a judicial or administrative authority or established by law in the context of the compulsory transfer of ownership or control by the Government of the Russian Federation. This paragraph shall not apply in relation to frozen funds or economic resources held by Central securities depositories within the meaning of Regulation (EU) No 909/2014 of the European Parliament and of the Council (*1). 2. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1. (*1) Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation (EU) No 236/2012 (OJ L 257, 28.8.2014, p. 1).’;" |
(3) |
Article 6b is amended as follows:
|
(4) |
in Article 6e, paragraph 1 is replaced by the following: ‘1. 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 entities listed under entry numbers 53, 54, 55, 79, 80, 81, 82, 108, 126, 127, 198, 199, 200, 214, 215 and 270 under the heading ‘Entities’ in Annex I, or the making available of certain funds or economic resources to those entities, under such conditions as the competent authorities deem appropriate and after having determined that such funds or economic resources are necessary for the purchase, import or transport of agricultural and food products, including wheat and fertilisers.’ |
(5) |
Article 6f is replaced by the following: ‘Article 6f Article 2 shall not apply to funds or economic resources that are needed for the provision of pilot services which are necessary for reasons of maritime safety.’ |
(6) |
Article 8 is amended as follows:
|
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, 18 December 2023.
For the Council
The President
P. NAVARRO RÍOS
(1) OJ L 78, 17.3.2014, p. 16.
(2) Council Regulation (EU) No 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 78, 17.3.2014, p. 6).
(3) Council Decision (CFSP) 2023/2871 of 18 December 2023 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L, 2023/2871, 18.12.2023, ELI: http://data.europa.eu/eli/dec/2023/2871/oj).
ELI: http://data.europa.eu/eli/reg/2023/2873/oj
ISSN 1977-0677 (electronic edition)