(1)

On 23 June 2014, the Council adopted Decision 2014/386/CFSP (1).

(2)

In its conclusions of 19 December 2024, the European Council reiterated its resolute condemnation of Russia’s war of aggression against Ukraine, which constitutes a manifest violation of the Charter of the United Nations, and reaffirmed the Union’s unwavering commitment to providing continued political, financial, economic, humanitarian, military and diplomatic support to Ukraine and its people.

(3)

The Union does not recognise, and continues to condemn as a violation of international law, the illegal annexation of Crimea and Sevastopol by the Russian Federation. The Union remains dedicated to fully implementing its non-recognition policy.

(4)

In view of the gravity of the situation and the continued illegal actions by the Russian Federation violating fundamental rules of international law, including, in particular, the prohibition on the use of force enshrined in Article 2(4) of the Charter of the United Nations, and violating fundamental rules of international humanitarian law, it is appropriate to adopt further restrictive measures.

(5)

The Union remains committed to using all diplomatic, economic, and legal instruments at its disposal to prevent the consolidation of Russia’s illegal occupation of Crimea and Sevastopol and to support Ukraine’s full restoration of sovereignty over its entire internationally-recognised territory. In order to inhibit the economic, financial, and legal integration of Crimea and Sevastopol into the Russian Federation, as well as to prevent the circumvention, by the Russian Federation through Crimea and Sevastopol, of Union restrictive measures set out in Council Decision 2014/512/CFSP (2), it is appropriate to expand the restrictive measures set out in Decision 2014/386/CFSP.

(6)

In particular, it is appropriate to impose restrictions on services that facilitate Russia’s illegal occupation of Crimea and Sevastopol and enable economic actors to integrate into Russia’s legal and financial system, primarily on the provision to Crimea and Sevastopol of accounting, auditing, bookkeeping, tax consulting, business and management consulting, public relations, construction, architectural, engineering, legal advisory, IT consultancy, market research and public opinion polling, technical testing and analysis and advertising services.

(7)

With the aim of inhibiting circumvention practices, it is appropriate to prohibit the provision to Crimea and Sevastopol of certain software for the management of enterprises and software for industrial design and manufacture, and of related intellectual property rights or trade secrets.

(8)

It is also appropriate to prohibit the supply to Crimea and Sevastopol of banknotes denominated in any official currency of a Member State.

(9)

In order to minimise the risk of circumvention, it is appropriate to restrict the export to Crimea and Sevastopol of certain goods and technology that are also restricted by Decision 2014/512/CFSP.

(10)

In order to ensure alignment with the interpretation of the Court of Justice of the European Union in Case C-72/11 (3), it is appropriate to amend the provision prohibiting circumvention to clarify that the requirements of knowledge and intent are met not only where a person deliberately seeks the object or effect of circumventing restrictive measures but also where a person participating in an activity having the object or effect of circumventing restrictive measures is aware that such participation may have that object or that effect, and accepts that possibility.

(11)

Decision 2014/386/CFSP should therefore be amended accordingly,

(1)

Articles 3 and 4 are deleted;

(2)

in Article 4a, paragraph 3 is deleted;

(3)

Article 4b is amended as follows:

(4)

Article 4c is amended as follows:

(5)

in Article 4d(1), point (a) is replaced by the following:

;

(6)

in Article 4e, paragraphs 4 and 5 are deleted;

(7)

the following Articles are inserted:

(8)

an annex is added in accordance with the Annex to this Decision.