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Document 02019R1890-20231111
Council Regulation (EU) 2019/1890 of 11 November 2019 concerning restrictive measures in view of Türkiye’s unauthorised drilling activities in the Eastern Mediterranean
Consolidated text: Council Regulation (EU) 2019/1890 of 11 November 2019 concerning restrictive measures in view of Türkiye’s unauthorised drilling activities in the Eastern Mediterranean
Council Regulation (EU) 2019/1890 of 11 November 2019 concerning restrictive measures in view of Türkiye’s unauthorised drilling activities in the Eastern Mediterranean
02019R1890 — EN — 11.11.2023 — 005.001
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COUNCIL REGULATION (EU) 2019/1890 of 11 November 2019 (OJ L 291 12.11.2019, p. 3) |
Amended by:
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Official Journal |
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No |
page |
date |
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COUNCIL IMPLEMENTING REGULATION (EU) 2020/274 of 27 February 2020 |
L 56I |
1 |
27.2.2020 |
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COUNCIL IMPLEMENTING REGULATION (EU) 2020/1655 of 6 November 2020 |
L 372I |
1 |
9.11.2020 |
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COUNCIL IMPLEMENTING REGULATION (EU) 2021/1960 of 11 November 2021 |
L 400 |
11 |
12.11.2021 |
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COMMISSION IMPLEMENTING REGULATION (EU) 2022/595 of 11 April 2022 |
L 114 |
60 |
12.4.2022 |
|
L |
1 |
10.11.2023 |
Corrected by:
COUNCIL REGULATION (EU) 2019/1890
of 11 November 2019
concerning restrictive measures in view of Türkiye’s unauthorised drilling activities in the Eastern Mediterranean
Article 1
For the purposes of this Regulation, the following definitions apply:
‘claim’ means any claim, whether asserted by legal proceedings or not, made before or after the date of entry into force of this Regulation, under or in connection with a contract or transaction, and in particular:
a claim for performance of any obligation arising under or in connection with a contract or transaction;
a claim for extension or payment of a bond, financial guarantee or indemnity of whatever form;
a claim for compensation in respect of a contract or transaction;
a counterclaim;
a claim for the recognition or enforcement, including by the procedure of exequatur, of a judgment, an arbitration award or an equivalent decision, wherever made or given;
‘contract or transaction’ means any transaction of whatever form and whatever the applicable law, whether comprising one or more contracts or similar obligations made between the same or different parties; for that purpose ‘contract’ includes a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, and credit, whether legally independent or not, as well as any related provision arising under, or in connection with, the transaction;
‘competent authorities’ means the competent authorities of the Member States as identified on the websites listed in Annex II;
‘economic resources’ means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds, but may be used to obtain funds, goods or services;
‘freezing of economic resources’ means preventing the use of economic resources to obtain funds, goods or services in any way, including, but not limited to, by selling, hiring or mortgaging them;
‘freezing of funds’ means preventing any move, transfer, alteration, use of, access to, or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character, destination or other change that would enable the funds to be used, including portfolio management;
‘funds’ means financial assets and benefits of every kind, including, but not limited to:
cash, cheques, claims on money, drafts, money orders and other payment instruments;
deposits with financial institutions or other entities, balances on accounts, debts and debt obligations;
publicly and privately-traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts;
interest, dividends or other income on or value accruing from or generated by assets;
credit, right of set-off, guarantees, performance bonds or other financial commitments;
letters of credit, bills of lading, bills of sale;
documents showing evidence of an interest in funds or financial resources;
‘territory of the Union’ means the territories of the Member States to which the Treaty is applicable, under the conditions laid down in the Treaty, including their airspace.
Article 2
Annex I shall include natural and legal persons, entities and bodies which, in accordance with Articles 1(1) and 2(1) of Decision (CFSP) 2019/1894, have been identified by the Council as:
being responsible for or involved in, including by planning, preparing, participating in, directing, or assisting, drilling activities in relation to hydrocarbon exploration and production, or hydrocarbon extraction resulting from such activities, which have not been authorised by the Republic of Cyprus, within its territorial sea or in its exclusive economic zone or on its continental shelf, including in cases where the exclusive economic zone or continental shelf has not been delimited in accordance with international law with a State having an opposite coast, activities which may jeopardise or hamper the reaching of a delimitation agreement;
providing financial, technical or material support for drilling activities in relation to hydrocarbon exploration and production, or hydrocarbon extraction resulting from such activities, referred to in point (a);
being associated with the natural or legal persons, entities or bodies referred to in points (a) and (b).
Article 3
By way of derogation from Article 2, the competent authorities may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the funds or economic resources concerned are:
necessary to satisfy the basic needs of natural or legal persons listed in Annex I and dependent family members of such natural persons, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;
intended exclusively for payment of reasonable professional fees or reimbursement of incurred expenses associated with the provision of legal services;
intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources;
necessary for extraordinary expenses, provided that the relevant competent authority has notified the competent authorities of the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted, at least two weeks prior to authorisation; or
to be paid into or from an account of a diplomatic or consular mission or an international organisation enjoying immunities in accordance with international law, insofar as such payments are intended to be used for official purposes of the diplomatic or consular mission or international organisation.
Article 4
By way of derogation from Article 2(1), the competent authorities of the Member States may authorise the release of certain frozen funds or economic resources, if the following conditions are met:
the funds or economic resources are subject to an arbitral decision rendered prior to the date on which the natural or legal person, entity or body referred to in Article 2 was listed in Annex I, or of a judicial or administrative decision rendered in the Union, or a judicial decision enforceable in the Member State concerned, prior to or after that date;
the funds or economic resources will be used exclusively to satisfy claims secured by such a decision or recognised as valid in such a decision, within the limits set by applicable laws and regulations governing the rights of persons having such claims;
the decision is not for the benefit of a natural or legal person, entity or body listed in Annex I; and
recognition of the decision is not contrary to public policy in the Member State concerned.
Article 5
By way of derogation from Article 2(1) and provided that a payment by a natural or legal person, entity or body listed in Annex I is due under a contract or agreement that was concluded by, or an obligation that arose for, the natural or legal person, entity or body concerned before the date on which that natural or legal person, entity or body was included in Annex I, the competent authorities may authorise, under such conditions as they deem appropriate, the release of certain frozen funds or economic resources, provided that the competent authority concerned has determined that:
the funds or economic resources will be used for a payment by a natural or legal person, entity or body listed in Annex I; and
the payment is not in breach of Article 2(2).
Article 6
Article 2(2) shall not apply to the addition to frozen accounts of:
interest or other earnings on those accounts;
payments due under contracts, agreements or obligations that were concluded or arose before the date on which the natural or legal person, entity or body referred to in Article 2 was included in Annex I; or
payments due under judicial, administrative or arbitral decisions rendered in a Member State or enforceable in the Member State concerned,
provided that any such interest, other earnings and payments remain subject to the measures provided for in Article 2(1).
Article 7
Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy, natural and legal persons, entities and bodies shall:
supply immediately any information which would facilitate compliance with this Regulation, such as information on accounts and amounts frozen in accordance with Article 2, to the competent authority of the Member State where they are resident or located, and they shall transmit such information, directly or through the Member State, to the Commission; and
cooperate with the competent authority in any verification of this information.
Article 8
It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the measures referred to in Article 2.
Article 9
Article 10
No claims in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by the measures imposed under this Regulation, including claims for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, notably a claim for extension or payment of a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by:
designated natural or legal persons, entities or bodies listed in Annex I;
any natural or legal person, entity or body acting through or on behalf of one of the persons, entities or bodies referred to in point (a).
Article 11
The Commission and Member States shall inform each other of the measures taken under this Regulation and share any other relevant information at their disposal in connection with this Regulation, in particular information:
in respect of funds frozen under Article 2 and authorisations granted under Articles 3 to 5;
in respect of violation and enforcement problems and judgments handed down by national courts.
Article 12
Article 13
Article 14
Article 15
The Council, the Commission and the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) may process personal data in order to carry out their tasks under this Regulation. These tasks include:
as regards the Council, preparing and making amendments to Annex I;
as regards the High Representative, preparing amendments to Annex I;
as regards the Commission:
adding the contents of Annex I to the electronic, consolidated list of persons, groups and entities subject to Union financial restrictive measures and in the interactive sanctions map, both publicly available;
processing information on the impact of the measures of this Regulation, such as the value of frozen funds and information on authorisations granted by the competent authorities.
Article 16
Article 17
This Regulation shall apply:
within the territory of the Union, including its airspace;
on board of any aircraft or any vessel under the jurisdiction of a Member State;
to any natural person inside or outside the territory of the Union who is a national of a Member State;
to any legal person, entity or body, inside or outside the territory of the Union, which is incorporated or constituted under the law of a Member State;
to any legal person, entity or body in respect of any business done in whole or in part within the Union.
Article 18
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.
ANNEX I
LIST OF NATURAL AND LEGAL PERSONS, ENTITIES AND BODIES REFERRED TO IN ARTICLE 2
|
Name |
Identifying information |
Reasons |
Date of listing |
1. |
Mehmet Ferruh AKALIN |
Date of birth: 9.12.1960 Passport No or ID: 13571379758 Nationality: Turkish Gender: male |
Mehmet Ferruh Akalın is Vice-President (Assistant General Manager) and member of the Board of Directors of the Turkish Petroleum Corporation (TPAO). He is the head of TPAO’s Exploration Department. In his capacity as TPAO Vice-President and head of its Exploration Department, Mehmet Ferruh Akalın is responsible for planning, directing and implementing TPAO’s offshore hydrocarbon exploration activities. Those include TPAO’s drilling activities, which have not been authorised by the Republic of Cyprus, as set out below. Those unauthorised drilling activities were carried out by: (a) the TPAO drilling vessel Yavuz in the territorial sea of the Republic of Cyprus between July and September 2019; (b) the TPAO drilling vessel Yavuz in an area of the exclusive economic zone of the Republic of Cyprus notified by it to the United Nations and delimited in an agreement with Egypt, between October 2019 and January 2020; (c) the TPAO drilling vessel Yavuz in an area of the exclusive economic zone of the Republic of Cyprus notified by it to the United Nations and delimited in an agreement with Egypt, as well as an agreement with Israel, between January and April 2020; (d) the TPAO drilling vessel Yavuz in an area of the exclusive economic zone of the Republic of Cyprus notified by it to the United Nations and delimited in an agreement with Egypt, between April and October 2020; (e) the TPAO drilling vessel Fatih in an area of the exclusive economic zone of the Republic of Cyprus notified by it to the United Nations, in close proximity to its territorial sea, between November 2019 and January 2020; (f) the TPAO drilling vessel Fatih in a western area of the exclusive economic zone of the Republic of Cyprus notified by it to the United Nations, between May and November 2019. |
27.2.2020 |
2. |
Ali Coscun NAMOGLU |
Date of birth: 27.11.1956 Passport No or ID: 11096919534 Nationality: Turkish Gender: male |
Ali Coscun Namoglu is the Deputy Director of the Exploration Department of the Turkish Petroleum Corporation (TPAO). In that capacity, Ali Coscun Namoglu is involved in planning, directing and implementing TPAO’s offshore hydrocarbon exploration activities. Those include TPAO’s drilling activities, which have not been authorised by Republic of Cyprus as set out below. Those unauthorised drilling activities were carried out by: (a) the TPAO drilling vessel Yavuz in the territorial sea of the Republic of Cyprus between July and September 2019; (b) the TPAO drilling vessel Yavuz in an area of the exclusive economic zone of the Republic of Cyprus notified by it to the United Nations and delimited in an agreement with Egypt, between October 2019 and January 2020; (c) the TPAO drilling vessel Yavuz in an area of the exclusive economic zone of the Republic of Cyprus notified by it to the United Nations and delimited in an agreement with Egypt, as well as an agreement with Israel, between January 2020 and April 2020; (d) the TPAO drilling vessel Yavuz in an area of the exclusive economic zone of the Republic of Cyprus notified by it to the United Nations and delimited in an agreement with Egypt, between April and October 2020; (e) the TPAO drilling vessel Fatih in an area of the exclusive economic zone of the Republic of Cyprus notified by it to the United Nations, in close proximity to its territorial sea, between November 2019 and January 2020; (f) the TPAO drilling vessel Fatih in a western area of the exclusive economic zone of the Republic of Cyprus notified by it to the United Nations, between May and November 2019. |
27.2.2020 |
ANNEX II
WEBSITES FOR INFORMATION ON THE COMPETENT AUTHORITIES AND ADDRESS FOR NOTIFICATIONS TO THE COMMISSION
BELGIUM
https://diplomatie.belgium.be/en/policy/policy_areas/peace_and_security/sanctions
BULGARIA
https://www.mfa.bg/en/EU-sanctions
CZECHIA
www.financnianalytickyurad.cz/mezinarodni-sankce.html
DENMARK
http://um.dk/da/Udenrigspolitik/folkeretten/sanktioner/
GERMANY
https://www.bmwi.de/Redaktion/DE/Artikel/Aussenwirtschaft/embargos-aussenwirtschaftsrecht.html
ESTONIA
https://vm.ee/et/rahvusvahelised-sanktsioonid
IRELAND
https://www.dfa.ie/our-role-policies/ireland-in-the-eu/eu-restrictive-measures/
GREECE
http://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html
SPAIN
https://www.exteriores.gob.es/es/PoliticaExterior/Paginas/SancionesInternacionales.aspx
FRANCE
http://www.diplomatie.gouv.fr/fr/autorites-sanctions/
CROATIA
https://mvep.gov.hr/vanjska-politika/medjunarodne-mjere-ogranicavanja/22955
ITALY
https://www.esteri.it/it/politica-estera-e-cooperazione-allo-sviluppo/politica_europea/misure_deroghe/
CYPRUS
https://mfa.gov.cy/themes/
LATVIA
http://www.mfa.gov.lv/en/security/4539
LITHUANIA
http://www.urm.lt/sanctions
LUXEMBOURG
https://maee.gouvernement.lu/fr/directions-du-ministere/affaires-europeennes/organisations-economiques-int/mesures-restrictives.html
HUNGARY
https://kormany.hu/kulgazdasagi-es-kulugyminiszterium/ensz-eu-szankcios-tajekoztato
MALTA
https://foreignandeu.gov.mt/en/Government/SMB/Pages/SMB-Home.aspx
NETHERLANDS
https://www.rijksoverheid.nl/onderwerpen/internationale-sancties
AUSTRIA
https://www.bmeia.gv.at/themen/aussenpolitik/europa/eu-sanktionen-nationale-behoerden/
POLAND
https://www.gov.pl/web/dyplomacja/sankcje-miedzynarodowe
https://www.gov.pl/web/diplomacy/international-sanctions
PORTUGAL
https://www.portaldiplomatico.mne.gov.pt/politica-externa/medidas-restritivas
ROMANIA
http://www.mae.ro/node/1548
SLOVENIA
http://www.mzz.gov.si/si/omejevalni_ukrepi
SLOVAKIA
https://www.mzv.sk/europske_zalezitosti/europske_politiky-sankcie_eu
FINLAND
https://um.fi/pakotteet
SWEDEN
https://www.regeringen.se/sanktioner
Address for notifications to the European Commission:
European Commission
Directorate-General for Financial Stability, Financial Services and Capital Markets Union (DG FISMA)
Rue de Spa 2
B-1049 Brussels, Belgium
E-mail: relex-sanctions@ec.europa.eu