Council Decision (CFSP) 2022/2478 of 16 December 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

Council Decision (CFSP) 2022/2478 of 16 December 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union and in particular Article 29 thereof, Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy, Whereas: (1) On 31 July 2014, the Council adopted Decision 2014/512/CFSP 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). . (2) The Union remains unwavering in its support for Ukraine’s sovereignty and territorial integrity. (3) In its conclusions of 20 and 21 October 2022, the European Council condemned in the strongest possible terms the indiscriminate Russian missile and drone attacks targeting civilians and civilian objects and infrastructure in Kyiv and across Ukraine. Recalling the statement of 30 September 2022, and in line with the UN General Assembly Resolution of 12 October 2022, the European Council also reiterated its unequivocal condemnation and firm rejection of the illegal annexation by Russia of Ukraine’s Donetsk, Kherson, Luhansk, and Zaporizhzhia regions and, as in the case of Crimea and Sevastopol, the Union will never recognise this illegal annexation. The European Council stated that Russia’s unilateral decisions deliberately violate the UN Charter and blatantly disregard the rules-based international order and the Union stands ready to continue to reinforce its restrictive measures against Russia. (4) In view of the gravity of the situation it is appropriate to introduce further restrictive measures. (5) In particular, it is appropriate to add certain entries to the list of legal persons, entities and bodies set out in Annex IV to Decision 2014/512/CFSP, i.e. the list of entities connected to Russia’s military and industrial complex, on whom tighter export restrictions regarding dual-use goods and technology as well as goods and technology which might contribute to the technological enhancement of Russia’s defence and security sector are imposed. In view of the concrete risk that certain goods or technology are redirected from Crimea or Sevastopol to the Russian Federation, it is also appropriate to include certain Russian-controlled entities based in Crimea or Sevastopol in this list of end-users. This inclusion does not affect the fact that the Union does not recognise and continues to strongly condemn the illegal annexation of Crimea and Sevastopol by the Russian Federation. (6) It is also appropriate to add the Russian Regional Development Bank to the list of Russian State-owned or controlled entities that are subject to the transaction ban. (7) Furthermore, it is appropriate to impose a ban on Union nationals from holding any posts on the governing bodies of all Russian State-owned or controlled legal persons, entities or bodies that are established in Russia. It is also appropriate to provide for the possibility for competent authorities to grant an authorisation to their nationals for holding such posts in existing joint ventures or similar legal arrangements as well as EU subsidiaries established in Russia, and when the holding of such a post is necessary for ensuring critical energy supply, or when the legal person, entity or body is involved in the transit through Russia of oil originating in a third country and the holding of such a post is intended for operations which are not otherwise prohibited.

(8) It is also appropriate to extend the existing prohibition on the provision of certain services to the Russian Federation and to legal persons, entities or bodies established in Russia by banning the provision of advertising, market research and public opinion polling services, as well as product testing and technical inspection services. In line with the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No 77, CPC prov., 1991, Market research and public opinion polling services covers market research services and public opinion polling services. Technical testing and analysis services covers composition and purity testing and analysis services, testing and analysis services of physical properties, testing and analysis services of integrated mechanical and electrical systems, technical inspection services, as well as other technical testing and analysis services. The provision of technical assistance related to goods exported to Russia remains allowed, provided that the sale, supply, transfer or export of such goods is not prohibited under this Decision at the time at which such technical assistance is provided. Advertising services covers the sale or leasing services of advertising space or time and the planning, creating and placement services of advertising, as well as other advertising services. (9) Furthermore, it is appropriate to expand the prohibition targeting new investments in the Russian energy sector by additionally prohibiting new investments in the Russian mining sector, with the exception of mining and quarrying activities involving certain critical raw materials. (10) The Russian Federation has engaged in a systematic, international campaign of media manipulation and distortion of facts in order to enhance its strategy of destabilisation of its neighbouring countries, and of the Union and its Member States. In particular, the propaganda has repeatedly and consistently targeted European political parties, especially during election periods, as well as civil society, asylum seekers, Russian ethnic minorities, gender minorities, and the functioning of democratic institutions in the Union and its Member States. (11) In order to justify and support its aggression against Ukraine, the Russian Federation has engaged in continuous and concerted propaganda actions targeted at civil society in the Union and neighbouring countries, gravely distorting and manipulating facts. (12) 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 aggression against Ukraine, and for the destabilisation of its neighbouring countries. (13) 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, 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 aggression against Ukraine is put to an end, and until the Russian Federation, and its associated media outlets, cease to conduct propaganda actions against the Union and its Member States.

(14) Consistent with the fundamental rights and freedoms recognised in the Charter of Fundamental Rights, 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, including in the Charter of Fundamental Rights, and in Member States’ constitutions, within their respective fields of application. (15) Decision 2014/512/CFSP contains a prohibition to import crude oil from Russia, whether by pipeline or via maritime transport. Decision 2014/512/CFSP also provides for temporary derogations for imports by pipeline, and for seaborne import for Bulgaria. Those derogations were exclusively meant to ensure the security of supply of the Member States, while maintaining a level playing field among them. It is thus appropriate to clarify that, as is the case for the Member States importing Russian crude oil by pipeline, Bulgaria cannot sell petroleum products obtained from Russian crude oil imported on the basis of that derogation to buyers located in other Member States or in third countries. Bunkering or refuelling of a vehicle or aircraft in the Member States which benefit from those derogations does not fall under this prohibition. In a spirit of solidarity with Ukraine, it is appropriate to nevertheless allow Hungary, Slovakia and Bulgaria to export to Ukraine certain refined petroleum products obtained from Russian crude oil imported on the basis of the derogations in question, including, when necessary, by transiting through other Member States. It is also appropriate to allow Bulgaria to export to third countries certain refined petroleum products obtained from Russian crude oil imported on the basis of the derogations in question. This is necessary in order to mitigate environmental and safety risks since such products cannot be stored safely in Bulgaria. Annual exports should not exceed the average annual exports for such products over the past five years. (16) It is appropriate to further clarify and amend the exemptions to the import ban on steel products that either originate in Russia or have been exported from Russia. (17) It is also appropriate to introduce or extend certain exemptions or derogations related to certain measures, as well as to make certain technical corrections in the operative text. (18) Further action by the Union is needed in order to implement certain measures. (19) Decision 2014/512/CFSP should therefore be amended accordingly, HAS ADOPTED THIS DECISION:

Article 1

Decision 2014/512/CFSP is amended as follows: (1) in Article 1, paragraph 5 is replaced by the following: 5. It shall be prohibited to list and provide services for, as of 12 April 2022, and to admit to trading as of 29 January 2023, on trading venues registered or recognised in the Union, the transferable securities of any legal person, entity or body established in Russia and with over 50 % public ownership.;

(2) Article 1aa is amended as follows: (a) the following paragraphs are inserted: 1b. It shall be prohibited as from 16 January 2023 to hold any posts in the governing bodies of: (a) a legal person, entity or body established in Russia, which is publicly controlled or with over 50 % public ownership, or in which Russia, its Government or Central Bank has the right to participate in profits or with which Russia, its Government or Central Bank has other substantial economic relationship; (b) a legal person, entity or body established in Russia whose proprietary rights are directly or indirectly owned for more than 50 % by an entity referred to in point (a) of this paragraph; or (c) a legal person, entity or body established in Russia and acting on behalf or at the direction of an entity referred to in point (a) or (b) of this paragraph. This prohibition shall not apply to any legal person, entity or body referred to in paragraph 1, for which paragraph 1a applies. 1c. By way of derogation from paragraph 1b, the competent authorities may authorise the holding of a post in the governing body of a legal person, entity or body referred to in paragraph 1b, after having determined that the legal person, entity or body is: (a) a joint venture or similar legal arrangement involving a legal person, entity or body referred to in paragraph 1b and concluded by a legal person, entity or body which is incorporated or constituted under the law of a Member State before 17 December 2022, or (b) a legal person, entity or body referred to in paragraph 1b which was established in Russia before 17 December 2022 and which is owned by, or solely or jointly controlled by, a legal person, entity or body which is incorporated or constituted under the law of a Member State. 1d. By way of derogation from paragraph 1b, the competent authorities may authorise the holding of a post in the governing body of a legal person, entity or body referred to in paragraph 1b, after having determined that the holding of such a post is necessary for ensuring critical energy supply. 1e. By way of derogation from paragraph 1b, the competent authorities may authorise the holding of a post in the governing body of a legal person, entity or body referred to in paragraph 1b, after having determined that the legal person, entity or body is involved in the transit through Russia of oil originating in a third country and that the holding of such a post is intended for operations which are not prohibited under Article 4o and 4p.; (b) the following paragraphs are inserted: 2d. The prohibition in paragraph 1 shall not apply to the execution until 18 March 2023 of contracts concluded with a legal person, entity or body referred to in Part C of Annex X before 17 December 2022, or of ancillary contracts necessary for the execution of such contracts. 2e. The prohibition in paragraph 1 shall not apply to the reception of payments due by the legal persons, entities or bodies referred to in Part C of Annex X pursuant to contracts performed before 18 March 2023.;

(c) paragraph 3, point (d) is replaced by the following: (d) transactions, including sales, which are strictly necessary for the wind-down, by 30 June 2023, of a joint venture or similar legal arrangement concluded before 16 March 2022, involving a legal person, entity or body referred to in paragraph 1;; (d) the following paragraph is inserted: 3a. By way of derogation from paragraph 1, the competent authorities may authorise, under such conditions as they deem appropriate, transactions which are strictly necessary for the divestment and withdrawal by 30 June 2023, of the entities mentioned in paragraph 1 or their subsidiaries in the Union from a legal person, entity or body established in the Union.; (e) the following paragraph is added: 5. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 1c, 1d, 1e and 3a within two weeks of the authorisation.; (3) Article 1k is replaced by the following:

Article 1k

1. It shall be prohibited to provide, directly or indirectly, accounting, auditing, including statutory audit, bookkeeping or tax consulting services, or business and management consulting or public relations services to: (a) the Government of Russia; or (b) legal persons, entities or bodies established in Russia.
2. It shall be prohibited to provide, directly or indirectly, architectural and engineering services, legal advisory services and IT consultancy services to: (a) the Government of Russia; or (b) legal persons, entities or bodies established in Russia. 2a. It shall be prohibited to provide market research and public opinion polling services, technical testing and analysis services and advertising services to: (a) the Government of Russia; or (b) legal persons, entities or bodies established in Russia.
3. Paragraph 1 shall not apply to the provision of services that are strictly necessary for the termination by 5 July 2022 of contracts which are not compliant with this Article concluded before 4 June 2022, or of ancillary contracts necessary for the execution of such contracts.
4. Paragraph 2 shall not apply to the provision of services that are strictly necessary for the termination by 8 January 2023 of contracts which are not compliant with this Article concluded before 7 October 2022, or of ancillary contracts necessary for the execution of such contracts. 4a. Paragraph 2a shall not apply to the provision of services that are strictly necessary for the termination by 16 January 2023 of contracts which are not compliant with this Article concluded before 17 December 2022, or of ancillary contracts necessary for the execution of such contracts.
5. Paragraphs 1 and 2 shall not apply to the provision of services that are strictly necessary for the exercise of the right of defence in judicial proceedings and the right to an effective legal remedy.
6. Paragraphs 1 and 2 shall not apply to the provision of services which are strictly necessary to ensure access to judicial, administrative or arbitral proceedings in a Member State, or for the recognition or enforcement of a judgment or an arbitration award rendered in a Member State, provided that such provision of services is consistent with the objectives of this Decision and of Decision 2014/145/CFSP.

1. Paragraphs 1, 2 and 2a shall not apply to the provision of services intended for the exclusive use of legal persons, entities or bodies established in Russia that are owned by, or solely or jointly controlled by, a legal person, entity or body which is incorporated or constituted under the law of a Member State, a country member of the European Economic Area, Switzerland or a partner country as listed in Annex VII.
2. Paragraphs 2 and 2a shall not apply to the provision of services necessary for public health emergencies, the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or the environment, or as a response to natural disasters.
3. Paragraph 2 shall not apply to the provision of services necessary for software updates for non-military use and for a non-military end user, permitted by Articles 3(3)(d) and 3a(3)(d).
4. By way of derogation from paragraphs 1, 2 and 2a, the competent authorities may authorise the services referred to therein, under such conditions as they deem appropriate, after having determined that this is necessary for: (a) humanitarian purposes such as delivering or facilitating the delivery of assistance, including medical supplies, food, or the transfer of humanitarian workers and related assistance, or for evacuations; (b) civil society activities that directly promote democracy, human rights or the rule of law in Russia; (c) the functioning of diplomatic and consular representations of the Union and of the Member States or partner countries in Russia, including delegations, embassies and missions, or international organisations in Russia enjoying immunities in accordance with international law; (d) ensuring critical energy supply within the Union and the purchase, import or transport into the Union of titanium, aluminium, copper, nickel, palladium and iron ore; (e) ensuring the continuous operation of infrastructures, hardware and software which are critical for human health and safety, or the safety of the environment; (f) the establishment, operation, maintenance, fuel supply and retreatment and safety of civil nuclear capabilities, and the continuation of design, construction and commissioning required for the completion of civil nuclear facilities, the supply of precursor material for the production of medical radioisotopes and similar medical applications, or critical technology for environmental radiation monitoring, as well as for civil nuclear cooperation, in particular in the field of research and development; or (g) the provision of electronic communication services by Union telecommunication operators necessary for the operation, maintenance and security, including cybersecurity, of electronic communication services, in Russia, in Ukraine, in the Union, between Russia and the Union, and between Ukraine and the Union, and for data centre services in the Union.
5. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 10 within two weeks of the authorisation.;

(4) Article 4a is replaced by the following:

Article 4a

1. It shall be prohibited to: (a) acquire any new or extend any existing participation in any legal person, entity or body incorporated or constituted under the law of Russia or any other third country and operating in the energy sector in Russia; (b) grant or be part of any arrangement to grant any new loan or credit or otherwise provide financing, including equity capital, to any legal person, entity or body incorporated or constituted under the law of Russia or any other third country and operating in the energy sector in Russia, or for the documented purpose of financing such a legal person, entity or body; (c) create any new joint venture with any legal person, entity or body incorporated or constituted under the law of Russia or any other third country and operating in the energy sector in Russia; (d) provide investment services directly related to the activities referred to in points (a), (b) and (c).
2. It shall be prohibited to: (a) acquire any new or extend any existing participation in any legal person, entity or body incorporated or constituted under the law of Russia or any other third country and operating in the mining and quarrying sector in Russia; (b) grant or be part of any arrangement to grant any new loan or credit or otherwise provide financing, including equity capital, to any legal person, entity or body incorporated or constituted under the law of Russia or any other third country and operating in the mining and quarrying sector in Russia, or for the documented purpose of financing such a legal person, entity or body; (c) create any new joint venture with any legal person, entity or body incorporated or constituted under the law of Russia or any other third country and operating in the mining and quarrying sector in Russia; (d) provide investment services directly related to the activities referred to in points (a), (b) and (c).
3. By way of derogation from paragraph 1, the competent authorities may authorise, under such conditions as they deem appropriate, any activity referred to in paragraph 1 after having determined that: (a) it is necessary to ensure critical energy supply within the Union, as well as the transport of natural gas and oil, including refined petroleum products, unless prohibited under Article 4o or 4p, from or through Russia into the Union; or (b) it exclusively concerns a legal person, entity or body operating in the energy sector in Russia owned by a legal person, entity or body which is incorporated or constituted under the law of a Member State.
4. The Member State or Member States concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 3 within two weeks of the authorisation.
5. The prohibition in paragraph 2 shall not apply to mining and quarrying activities that yield their highest value from, or have as their primary objective, the production of certain materials. The Union shall take the necessary measures in order to determine the relevant items to be covered by this paragraph.;

(5) Article 4d is amended as follows: (a) the following paragraph is inserted: 5b. With regard to the goods listed in Part C of Annex XI to Regulation (EU) No 833/2014, the prohibitions in paragraphs 1 and 4 shall not apply to the execution until 16 January 2023 of contracts concluded before 17 December 2022, or of ancillary contracts necessary for the execution of such contracts.; (b) the following paragraphs are inserted: 6b. By way of derogation from paragraph 4, the competent authorities may authorise, under such conditions as they deem appropriate, the provision of technical assistance, related to the use of the goods and technology referred to in paragraph 1, after having determined that the provision of such technical assistance is necessary for avoiding collision between satellites, or their unintended re-entry into the atmosphere. 6c. By way of derogation from paragraphs 1 and 4, the competent authorities may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export of the goods falling under CN codes 85177100, 85177900 and 90260000 listed in Part B of Annex XI to Regulation (EU) No 833/2014, or related technical assistance, brokering services, financing or financial assistance, after having determined that it is necessary for medical or pharmaceutical purposes, or for humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies, food, or the transfer of humanitarian workers and related assistance or for evacuations. When deciding on requests for authorisations for medical, pharmaceutical or humanitarian purposes in accordance with this paragraph, the national competent authorities shall not grant an authorisation for exports to any natural or legal person, entity or body in Russia or for use in Russia, if they have reasonable grounds to believe that the goods might have a military end-use.; (6) in Article 4ha, paragraph 6 is replaced by the following: 6. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 5, 5a and 5b within two weeks of the authorisation.; (7) Article 4i is amended as follows: (a) paragraph 1, point (d), is replaced by the following: (d) to import or purchase, as from 30 September 2023, directly or indirectly, iron and steel products as listed in Annex XVII to Regulation (EU) No 833/2014 when processed in a third country incorporating iron and steel products originating in Russia as listed in Annex XVII to Regulation (EU) No 833/2014; with regard to products listed in Annex XVII to Regulation (EU) No 833/2014 processed in a third country incorporating steel products originating in Russia of CN code 720711 or 72071210 or 722490, this prohibition shall apply as of 1 April 2024 for CN code 720711 and as of 1 October 2024 for CN codes 72071210 and 722490;; (b) paragraph 3 is replaced by the following: 3. With regard to the goods listed in Part B of Annex XVII to Regulation (EU) No 833/2014 that are not listed in Part A of that Annex, and without prejudice to paragraph 4, the prohibitions in paragraph 1 shall not apply to the execution until 8 January 2023 of contracts concluded before 7 October 2022, or of ancillary contracts necessary for the execution of such contracts. This provision does not apply to goods falling under CN codes 720711, 72071210 and 722490, for which the paragraphs 4, 5 and 5a apply.;

(c) the following paragraph is inserted: 5a. The prohibitions in paragraph 1 shall not apply to the import, purchase or transport, or related technical or financial assistance, of the following quantities of the goods falling under CN code 722490: (a) 147007 metric tonnes between 17 December 2022 and 31 December 2023; (b) 110255 metric tonnes between 1 January 2024 and 30 September 2024.; (d) paragraph 6 is replaced by the following: 6. The import volume quotas set out in paragraphs 4, 5 and 5a shall be managed by the Commission and the Member States in accordance with the management system for tariff-rate quotas provided for in Articles 49 to 54 of Commission Implementing Regulation (EU) 2015/2447 Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343 29.12.2015, p. 558).; . (8) Article 4k is amended as follows: (a) paragraph 3b is replaced by the following: 3b. With regard to the goods listed in Part B of Annex XXI to Regulation (EU) No 833/2014, the prohibitions in paragraphs 1 and 2 shall not apply to the execution until 8 January 2023 of contracts concluded before 7 October 2022, or of ancillary contracts necessary for the execution of such contracts. This provision does not apply to goods falling under CN code 290511 as listed in Part B of Annex XXI to Regulation (EU) No 833/2014, for which paragraph 3ba applies.; (b) the following paragraph is inserted: 3ba. With regard to goods falling under CN code 290511 as listed in Part B of Annex XXI to Regulation (EU) No 833/2014, the prohibitions in paragraphs 1 and 2 shall not apply to the execution until 18 June 2023 of contracts concluded before 7 October 2022 or of ancillary contracts necessary for the execution of such contracts.; (9) Article 4m is amended as follows: (a) paragraph 3 is replaced by the following: 3. With regard to the goods listed in Part A of Annex XXIII to Regulation (EU) No 833/2014, the prohibitions in paragraphs 1 and 2 shall not apply to the execution until 10 July 2022 of contracts concluded before 9 April 2022, or of ancillary contracts necessary for the execution of such contracts.; (b) paragraph 3a is replaced by the following: 3a. With regard to the goods falling under CN codes 2701, 2702, 2703 and 2704 as listed in Part A of Annex XXIII to Regulation (EU) No 833/2014, the prohibitions in paragraphs 1 and 2 shall not apply to the execution until 8 January 2023 of contracts concluded before 7 October 2022, or of ancillary contracts necessary for the execution of such contracts.; (c) the following paragraph is inserted: 3b. With regard to the goods listed in Part B of Annex XXIII to Regulation (EU) No 833/2014, the prohibitions in paragraphs 1 and 2 shall not apply to the execution until 16 January 2023 of contracts concluded before 17 December 2022, or of ancillary contracts necessary for the execution of such contracts.;

(d) the following paragraph is inserted: 4a. The competent authorities of the Member States may authorise, under the conditions they deem appropriate, the sale, supply, transfer or export of the goods falling under CN codes 841720, 84198180 and 84381010, or the provision of related technical or financial assistance, after having determined that such goods or the provision of related technical or financial assistance are necessary for personal household use of natural persons.; (e) paragraph 5a is replaced by the following: 5a. When deciding on requests for authorisations referred to in paragraphs 4a and 5, the competent authorities shall not grant an authorisation for exports to any natural or legal person, entity or body in Russia or for use in Russia, if they have reasonable grounds to believe that the goods might have a military end-use.; (10) Article 4o is amended as follows: (a) in paragraph 7, the following subparagraphs are added: As from 5 February 2023, it shall be prohibited to transfer or transport petroleum products falling under CN 2710 which are obtained from crude oil imported on the basis of a derogation granted by the Bulgarian competent authority under paragraph 5, to other Member States or to third countries, or to sell such petroleum products to purchasers in other Member States or in third countries. By way of derogation from the prohibition set out in the second subparagraph, the competent authorities of Bulgaria may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export to Ukraine of certain petroleum products, which are obtained from crude oil imported under paragraph 5, after having determined that: (a) the products are intended for exclusive use in Ukraine; (b) such sale, supply, transfer or export is not meant to circumvent the prohibitions in the second subparagraph. By way of derogation from the prohibition set out in the second subparagraph, the competent authorities of Bulgaria may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export to any third country of certain petroleum products, which are obtained from crude oil imported under paragraph 5, within the export volume quotas mentioned in Annex XXXII to Regulation (EU) No 833/2014, after having determined that: (a) the products cannot be stored in Bulgaria due to environmental and safety risks; (b) such sale, supply, transfer or export is not meant to circumvent the prohibitions in the second subparagraph. Bulgaria shall inform the other Member States and the Commission of any authorisations granted under the third and fourth subparagraphs within two weeks of the authorisation. The Union shall take the necessary measures in order to determine the relevant items to be covered by the derogations set out in the third and fourth subparagraphs.; (b) in paragraph 8, the following subparagraphs are added: As from 5 February 2023, by way of derogation from the prohibitions referred to in the third subparagraph, the competent authorities of Hungary and Slovakia may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export to Ukraine of certain petroleum products which are obtained from crude oil imported under paragraph 3(d) after having determined that:

(a) the products are intended for exclusive use in Ukraine; (b) such sale, supply, transfer or export is not meant to circumvent the prohibitions in the third subparagraph. The Member State concerned shall inform the other Member States and the Commission of any authorisations granted under this paragraph within two weeks of the authorisation. The Union shall take the necessary measures in order to determine the relevant items to be covered by the derogation set out in the fifth subparagraph.; (11) the following Article is inserted:

Article 4r

1. By way of derogation from Articles 3, 3a, 4, 4c, 4d, 4g, 4j and 4m, the competent authorities may authorise the sale, supply or transfer of goods and technologies listed in Annexes II, VII, X, XI, XVI, XVIII, XX and XXIII to Regulation (EU) No 833/2014, as well as in Annex I to Regulation (EU) 2021/821 until 30 September 2023, where such sale, supply or transfer is strictly necessary for the divestment from Russia or the wind-down of business activities in Russia, provided that the following conditions are fulfilled: (a) the goods and technologies are owned by a national of a Member State or by a legal person, entity or body which is incorporated or constituted under the law of a Member State or by legal persons, entities or bodies established in Russia that are owned by, or solely or jointly controlled by, a legal person, entity or body which is incorporated or constituted under the law of a Member State; and (b) the competent authorities deciding on requests for authorisations have no reasonable grounds to believe that the goods might be for a military end-user or have a military end-use in Russia; and (c) the concerned goods and technologies were physically located in Russia before the relevant prohibitions in Articles 3, 3a, 4, 4c, 4d, 4g, 4j or 4m entered into force in respect of those goods and technologies.
2. By way of derogation from Articles 4i and 4k, the competent authorities may authorise the import or transfer of goods listed in Annexes XVII and XXI to Regulation (EU) No 833/2014 until 30 September 2023, where such import or transfer is strictly necessary for the divestment from Russia or the wind-down of business activities in Russia, provided that the following conditions are fulfilled: (a) the goods are owned by a national of a Member State or by a legal person, entity or body which is incorporated or constituted under the law of a Member State or by legal persons, entities or bodies established in Russia that are owned by, or solely or jointly controlled by, a legal person, entity or body which is incorporated or constituted under the law of a Member State; and (b) the concerned goods were physically located in Russia before the relevant prohibitions in Articles 4i and 4k entered into force in respect of those goods.
3. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 1 and 2 within two weeks of the authorisation.;

(12) the Annexes are amended as set out in the Annex to this Decision. Point 12 shall apply in respect of one or several of the entities referred to in point (2) of the Annex to this Decision as from 1 February 2023 and provided that the Council, having examined the respective cases, so decides by unanimity.

Article 2

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union. Done at Brussels, 16 December 2022. For the Council The President M. Bek

Annex

ANNEX (1) Annex IV to Decision 2014/512/CFSP is replaced by the following: (2) in Annex IX to Decision 2014/512/CFSP, the following entries are added: NTV/NTV Mir Rossiya 1 REN TV Pervyi Kanal; (3) Annex X to Decision 2014/512/CFSP is replaced by the following:

Annex

ANNEX IV List of legal Persons, Entities and Bodies referred to in Articles 3(7), 3a(7), and 3b(1) JSC Sirius OJSC Stankoinstrument OAO JSC Chemcomposite JSC Kalashnikov JSC Tula Arms Plant NPK Technologii Maschinostrojenija OAO Wysokototschnye Kompleksi OAO Almaz Antey OAO NPO Bazalt Admiralty Shipyard JSC Aleksandrov Scientific Research Technological Institute NITI Argut OOO Communication Center of the Ministry of Defense Federal Research Center Boreskov Institute of Catalysis Federal State Budgetary Enterprise of the Administration of the President of Russia Federal State Budgetary Enterprise Special Flight Unit Rossiya of the Administration of the President of Russia Federal State Unitary Enterprise Dukhov Automatics Research Institute (VNIIA) Foreign Intelligence Service (SVR) Forensic Center of Nizhniy Novgorod Region Main Directorate of the Ministry of Interior Affairs International Center for Quantum Optics and Quantum Technologies (the Russian Quantum Center) Irkut Corporation Irkut Research and Production Corporation Public Joint Stock Company Joint Stock Company Scientific Research Institute of Computing Machinery JSC Central Research Institute of Machine Building (JSC TsNIIMash) JSC Kazan Helicopter Plant Repair Service JSC Shipyard Zaliv (Zaliv Shipbuilding Yard) JSC Rocket and Space Centre – Progress Kamensk-Uralsky Metallurgical Works J.S. Co. Kazan Helicopter Plant PJSC Komsomolsk-na-Amur Aviation Production Organization (KNAAPO) Ministry of Defence RF Moscow Institute of Physics and Technology NPO High Precision Systems JSC NPO Splav JSC OPK Oboronprom PJSC Beriev Aircraft Company PJSC Irkut Corporation PJSC Kazan Helicopters POLYUS Research Institute of M.F. Stelmakh Joint Stock Company Promtech-Dubna, JSC Public Joint Stock Company United Aircraft Corporation Radiotechnical and Information Systems (RTI) Concern Rapart Services LLC Rosoboronexport OJSC (ROE) Rostec (Russian Technologies State Corporation) Rostekh – Azimuth Russian Aircraft Corporation MiG Russian Helicopters JSC SP KVANT (Sovmestnoe Predpriyatie Kvantovye Tekhnologii) Sukhoi Aviation JSC Sukhoi Civil Aircraft Tactical Missiles Corporation JSC Tupolev JSC UEC-Saturn United Aircraft Corporation

JSC AeroKompozit United Engine Corporation UEC-Aviadvigatel JSC United Instrument Manufacturing Corporation United Shipbuilding Corporation JSC PO Sevmash Krasnoye Sormovo Shipyard Severnaya Shipyard Shipyard Yantar UralVagonZavod Baikal Electronics Center for Technological Competencies in Radiophtonics Central Research and Development Institute Tsiklon Crocus Nano Electronics Dalzavod Ship-Repair Center Elara Electronic Computing and Information Systems ELPROM Engineering Center Ltd. Forss Technology Ltd. Integral SPB JSC Element JSC Pella-Mash JSC Shipyard Vympel Kranark LLC Lev Anatolyevich Yershov (Ershov) LLC Center MCST Lebedev Miass Machine-Building Factory Microelectronic Research and Development Center Novosibirsk MPI VOLNA N.A. Dollezhal Order of Lenin Research and Design Institute of Power Engineering Nerpa Shipyard NM-Tekh Novorossiysk Shipyard JSC NPO Electronic Systems NPP Istok NTC Metrotek OAO GosNIIkhimanalit OAO Svetlovskoye Predpriyatiye Era OJSC TSRY OOO Elkomtekh (Elkomtex) OOO Planar OOO Sertal Photon Pro LLC PJSC Zvezda Amur Shipbuilding Factory PJSC AO Center of Shipbuilding and Ship Repairing JSC AO Kronshtadt Avant Space LLC Production Association Strela Radioavtomatika Research Center Module Robin Trade Limited R.Ye. Alekseyev Central Design Bureau for Hydrofoil Ships Rubin Sever Design Bureau Russian Space Systems Rybinsk Shipyard Engineering Scientific Research Institute of Applied Chemistry Scientific-Research Institute of Electronics Scientific Research Institute of Hypersonic Systems Scientific Research Institute NII Submikron Sergey IONOV Serniya Engineering Severnaya Verf Shipbuilding Factory Ship Maintenance Center Zvezdochka State Governmental Scientific Testing Area of Aircraft Systems (GkNIPAS) State Machine Building Design Bureau Raduga Bereznya State Scientific Center AO GNTs RF—FEI A.I. Leypunskiy Physico-Energy Institute State Scientific Research Institute of Machine Building Bakhirev (GosNIImash) Tomsk Microwave and Photonic Integrated Circuits and Modules Collective Design Center UAB Pella-Fjord United Shipbuilding Corporation JSC 35th Shipyard United Shipbuilding Corporation JSC Astrakhan Shipyard United Shipbuilding Corporation JSC Aysberg Central Design Bureau United Shipbuilding Corporation JSC Baltic Shipbuilding Factory United Shipbuilding Corporation JSC Krasnoye Sormovo Plant OJSC United Shipbuilding Corporation JSC SC Zvyozdochka United Shipbuilding Corporation Pribaltic Shipbuilding Factory Yantar United Shipbuilding Corporation Scientific Research Design Technological Bureau Onega United Shipbuilding Corporation Sredne-Nevsky Shipyard Ural Scientific Research Institute for Composite Materials Urals Project Design Bureau Detal Vega Pilot Plant Vertikal LLC Vladislav Vladimirovich Fedorenko VTK Ltd Yaroslavl Shipbuilding Factory ZAO Elmiks-VS ZAO Sparta ZAO Svyaz Inzhiniring 46th TSNII Central Scientific Research Institute Alagir Resistor Factory All-Russian Research Institute of Optical and Physical Measurements

All-Russian Scientific-Research Institute Etalon JSC Almaz JSC Arzam Scientific Production Enterprise Temp Avia Automated Procurement System for State Defense Orders, LLC Dolgoprudniy Design Bureau of Automatics (DDBA JSC) Electronic Computing Technology Scientific-Research Center JSC Electrosignal JSC Energiya JSC Engineering Center Moselectronproekt Etalon Scientific and Production Association Evgeny Krayushin Foreign Trade Association Mashpriborintorg Ineko LLC Informakustika JSC Institute of High Energy Physics Institute of Theoretical and Experimental Physics Inteltech PJSC ISE SO RAN Institute of High-Current Electronics Kaluga Scientific-Research Institute of Telemechanical Devices JSC Kulon Scientific-Research Institute JSC Lutch Design Office JSC Meteor Plant JSC Moscow Communications Research Institute JSC Moscow Order of the Red Banner of Labor Research Radio Engineering Institute JSC NPO Elektromechaniki JSC Omsk Production Union Irtysh JSC Omsk Scientific-Research Institute of Instrument Engineering JSC Optron, JSC Pella Shipyard OJSC Polyot Chelyabinsk Radio Plant JSC Pskov Distance Communications Equipment Plant Radiozavod JSC Razryad JSC Research Production Association Mars Ryazan Radio-Plant Scientific Production Center Vigstar JSC Scientific Production Enterprise Radiosviaz Scientific Research Institute Ferrite-Domen Scientific Research Institute of Communication Management Systems Scientific-Production Association and Scientific-Research Institute of Radio- Components Scientific-Production Enterprise Kant Scientific-Production Enterprise Svyaz Scientific-Production Enterprise Almaz JSC Scientific-Production Enterprise Salyut JSC Scientific-Production Enterprise Volna Scientific-Production Enterprise Vostok JSC Scientific-Research Institute Argon Scientific-Research Institute and Factory Platan Scientific-Research Institute of Automated Systems and Communications Complexes Neptune JSC Special Design and Technical Bureau for Relay Technology Special Design Bureau Salute JSC Tactical Missile Company, Joint Stock Company Salute Tactical Missile Company, Joint Stock Company State Machine Building Design Bureau Vympel By Name I.I.Toropov Tactical Missile Company, Joint Stock Company URALELEMENT Tactical Missile Company, Joint Stock Company Plant Dagdiesel Tactical Missile Company, Joint Stock Company Scientific Research Institute of Marine Heat Engineering Tactical Missile Company, Joint Stock Company PA Strela Tactical Missile Company, Joint Stock Company Plant Kulakov Tactical Missile Company, Joint Stock Company Ravenstvo Tactical Missile Company, Joint Stock Company Ravenstvo-service Tactical Missile Company, Joint Stock Company Saratov Radio Instrument Plant Tactical Missile Company, Joint Stock Company Severny Press Tactical Missile Company, Joint-Stock Company Research Center for Automated Design Tactical Missile Company, KB Mashinostroeniya Tactical Missile Company, NPO Electromechanics Tactical Missile Company, NPO Lightning Tactical Missile Company, Petrovsky Electromechanical Plant Molot

Tactical Missile Company, PJSC MBDB ISKRA Tactical Missile Company, PJSC ANPP Temp Avia Tactical Missile Company, Raduga Design Bureau Tactical Missile Corporation, Central Design Bureau of Automation Tactical Missile Corporation, 711 Aircraft Repair Plant Tactical Missile Corporation, AO GNPP Region Tactical Missile Corporation, AO TMKB Soyuz Tactical Missile Corporation, Azov Optical and Mechanical Plant Tactical Missile Corporation, Concern MPO – Gidropribor Tactical Missile Corporation, Joint Stock Company KRASNY GIDROPRESS Tactical Missile Corporation, Joint Stock Company Avangard Tactical Missile Corporation, Joint Stock Company Concern Granit-Electron Tactical Missile Corporation, Joint Stock Company Elektrotyaga Tactical Missile Corporation, Joint Stock Company GosNIIMash Tactical Missile Corporation, RKB Globus Tactical Missile Corporation, Smolensk Aviation Plant Tactical Missile Corporation, TRV Engineering Tactical Missile Corporation, Ural Design Bureau Detal Tactical Missile Corporation, Zvezda-Strela Limited Liability Company Tambov Plant (TZ) October United Shipbuilding Corporation Production Association Northern Machine Building Enterprise United Shipbuilding Corporation 5th Shipyard Federal Center for Dual-Use Technology (FTsDT) Soyuz Turayev Machine Building Design Bureau Soyuz Zhukovskiy Central Aerohydrodynamics Institute (TsAGI) Rosatomflot Lyulki Experimental-Design Bureau Lyulki Science and Technology Center AO Aviaagregat Central Aerohydrodynamic Institute (TsAGI) Closed Joint Stock Company Turborus (Turborus) Federal Autonomous Institution Central Institute of Engine-Building N.A. P.I. Baranov; Central Institute of Aviation Motors (CIAM) Federal State Budgetary Institution National Research Center Institute N.A. N.E. Zhukovsky (Zhukovsky National Research Institute) Federal State Unitary Enterprise State Scientific-Research Institute for Aviation Systems (GosNIIAS) Joint Stock Company 123 Aviation Repair Plant (123 ARZ) Joint Stock Company 218 Aviation Repair Plant (218 ARZ) Joint Stock Company 360 Aviation Repair Plant (360 ARZ) Joint Stock Company 514 Aviation Repair Plant (514 ARZ) Joint Stock Company 766 UPTK Joint Stock Company Aramil Aviation Repair Plant (AARZ) Joint Stock Company Aviaremont (Aviaremont) Joint Stock Company Flight Research Institute N.A. M.M. Gromov (FRI Gromov) Joint Stock Company Metallist Samara (Metallist Samara) Joint Stock Company Moscow Machine-Building Enterprise named after V. V. Chernyshev (MMP V.V. Chernyshev) JSC NII Steel Joint Stock Company Remdizel Joint Stock Company Special Industrial and Technical Base Zvezdochka (SPTB Zvezdochka) Joint Stock Company STAR Joint Stock Company Votkinsk Machine Building Plant Joint Stock Company Yaroslav Radio Factory Joint Stock Company Zlatoustovsky Machine Building Plant (JSC Zlatmash) Limited Liability Company Center for Specialized Production OSK Propulsion (OSK Propulsion) Lytkarino Machine-Building Plant Moscow Aviation Institute Moscow Institute of Thermal Technology

Omsk Motor-Manufacturing Design Bureau Open Joint Stock Company 170 Flight Support Equipment Repair Plant (170 RZ SOP) Open Joint Stock Company 20 Aviation Repair Plant (20 ARZ) Open Joint Stock Company 275 Aviation Repair Plant (275 ARZ) Open Joint Stock Company 308 Aviation Repair Plant (308 ARZ) Open Joint Stock Company 32 Repair Plant of Flight Support Equipment (32 RZ SOP) Open Joint Stock Company 322 Aviation Repair Plant (322 ARZ) Open Joint Stock Company 325 Aviation Repair Plant (325 ARZ) Open Joint Stock Company 680 Aircraft Repair Plant (680 ARZ) Open Joint Stock Company 720 Special Flight Support Equipment Repair Plant (720 RZ SOP) Open Joint Stock Company Volgograd Radio-Technical Equipment Plant (VZ RTO) Public Joint Stock Company Agregat (PJSC Agregat) Salute Gas Turbine Research and Production Center Scientific-Production Association Vint of Zvezdochka Shipyard (SPU Vint) Scientific Research Institute of Applied Acoustics (NIIPA) Siberian Scientific-Research Institute of Aviation N.A. S.A. Chaplygin (SibNIA) Software Research Institute Subsidiary Sevastopol Naval Plant of Zvezdochka Shipyard (Sevastopol Naval Plant) Tula Arms Plant Russian Institute of Radio Navigation and Time Federal Technical Regulation and Metrology Agency (Rosstandart) Federal State Budgetary Institution of Science P.I. K.A. Valiev RAS of the Ministry of Science and Higher Education of Russia (FTIAN) Federal State Unitary Enterprise All-Russian Research Institute of Physical, Technical and Radio Engineering Measurements (VNIIFTRI) Institute of Physics Named After P.N. Lebedev of the Russian Academy of Sciences (LPI) The Institute of Solid-State Physics of the Russian Academy of Sciences (ISSP) Rzhanov Institute of Semiconductor Physics, Siberian Branch of Russian Academy of Sciences (IPP SB RAS) UEC-Perm Engines, JSC Ural Works of Civil Aviation, JSC Central Design Bureau for Marine Engineering Rubin, JSC Aeropribor-Voskhod, JSC Aerospace Equipment Corporation, JSC Central Research Institute of Automation and Hydraulics (CNIIAG), JSC Aerospace Systems Design Bureau, JSC Afanasyev Technomac, JSC Ak Bars Shipbuilding Corporation, CJSC AGAT, Gavrilov-Yaminskiy Machine-Building Plant, JSC Almaz Central Marine Design Bureau, JSC Joint Stock Company Eleron AO Rubin Branch of AO Company Sukhoi Yuri Gagarin Komsomolsk-on-Amur Aircraft Plant Branch of PAO II – Aviastar Branch of RSK MiG Nizhny Novgorod Aircraft-Construction Plant Sokol Chkalov Novosibirsk Aviation Plant Joint Stock Company All-Russian Scientific-Research Institute Gradient Joint Stock Company Almatyevsk Radiopribor Plant (JSC AZRP) Joint Stock Company Experimental-Design Bureau Elektroavtomatika in the name of P.A. Efimov Joint Stock Company Industrial Controls Design Bureau Joint Stock Company Kazan Instrument-Engineering and Design Bureau Joint Stok Company Microtechnology Phasotron Scientific-Research Institute of Radio-Engineering Joint Stock Company Radiopribor Joint Stock Company Ramensk Instrument-Engineering Bureau

Joint Stock Company Research and Production Center SAPSAN Joint Stock Company Rychag Joint Stock Company Scientific Production Enterprise Izmeritel Joint Stock Company Scientific-Production Union for Radioelectronics named after V.I. Shimko Joint Stock Company Taganrog Communications Scientific-Research Institute Joint Stock Company Urals Instrument-Engineering Plant Joint Stock Company Vzlet Engineering Testing Support Joint Stock Company Zhiguli Radio Plant Joint Stock Company Bryansk Electromechanical Plant Public Joint Stock Company Moscow Institute of Electro-Mechanics and Automation Public Joint Stock Company Stavropol Radio Plant Signal Public Joint Stock Company Techpribor Joint Stock Company Ramensky Instrument-Engineering Plant V.V. Tarasov Avia Avtomatika Design Bureau of Chemical Machine Building KBKhM Far Eastern Shipbuilding and Ship Repair Center Ilyushin Aviation Complex Branch: Myasishcheva Experimental Mechanical Engineering Plant Institute of Marine Technology Problems Far East Branch Russian Academy of Sciences Irkutsk Aviation Plant Joint Stock Company Aerocomposit Ulyanovsk Plant Joint Stock Company Experimental Design Bureau named after A.S. Yakovlev Joint Stock Company Federal Research and Production Center Altai Joint Stock Company Head Special Design Bureau Prozhektor Joint Stock Company Ilyushin Aviation Complex Joint Stock Company Lazurit Central Design Bureau Joint Stock Company Research and Development Enterprise Protek Joint Stock Company SPMDB Malachite Joint Stock Company Votkinsky Zavod Kalyazinsky Machine Building Factory – Branch of RSK MiG Main Directorate of Deep-Sea Research of the Ministry of Defense of the Russian Federation NPP Start OAO Radiofizika P.A. Voronin Lukhovitsk Aviation Plant, branch of RSK MiG Public Joint Stock Company Bryansk Special Design Bureau Public Joint Stock Company Voronezh Joint Stock Aircraft Company Radio Technical Institute named after A. L. Mints Russian Federal Nuclear Center – All-Russian Research Institute of Experimental Physics Shvabe JSC Special Technological Center LLC St. Petersburg Marine Bureau of Machine Building Malakhit St. Petersburg Naval Design Bureau Almaz St. Petersburg Shipbuilding Institution Krylov 45 Strategic Control Posts Corporation V.A. Trapeznikov Institute of Control Sciences of Russian Academy of Sciences Vladimir Design Bureau for Radio Communications OJSC Voentelecom JSC A.A. Kharkevich Institute for Information Transmission Problems (IITP), Russian Academy of Sciences (RAS) Ak Bars Holding Special Research Bureau for Automation of Marine Researches Far East Branch Russian Academy of Sciences Systems of Biological Synthesis LLC Borisfen, JSC Barnaul cartridge plant, JSC Concern Avrora Scientific and Production Association, JSC Bryansk Automobile Plant, JSC Burevestnik Central Research Institute, JSC Research Institute of Space Instrumentation, JSC Arsenal Machine-building plant, OJSC Central Design Bureau of Automatics, JSC Zelenodolsk Design Bureau, JSC

Zavod Elecon, JSC VMP Avitec, JSC JSC V. Tikhomirov Scientific Research Institute of Instrument Design Tulatochmash, JSC PJSC I.S. Brook INEUM SPE Krasnoznamenets, JSC SPA Pribor named after S.S. Golembiovsky, SC SPA Impuls, JSC RusBITech ROTOR 43 Rostov optical and mechanical plant, PJSC RATEP, JSC PLAZ OKB Technika Ocean Chips Nudelman Precision Engineering Design Bureau Angstrem JSC NPCAP Novosibirsk Plant of Artificial Fibre Novosibirsk Cartridge Plant, JSC (alias: SIBFIRE), Новосибирский Патронный Завод Novator DB NIMI named after V.V. BAHIREV, JSC NII Stali JSC Nevskoe Design Bureau, JSC Neva Electronica JSC ENICS The JSC Makeyev Design Bureau KURGANPRIBOR, JSC;

Annex

ANNEX X List of Legal Persons, Entities and Bodies referred to in Article 1AA PART A OPK OBORONPROM UNITED AIRCRAFT CORPORATION URALVAGONZAVOD ROSNEFT TRANSNEFT GAZPROM NEFT ALMAZ-ANTEY KAMAZ ROSTEC (RUSSIAN TECHNOLOGIES STATE CORPORATION) JSC PO SEVMASH SOVCOMFLOT UNITED SHIPBUILDING CORPORATION PART B RUSSIAN MARITIME REGISTER of SHIPPING (RMRS) PART C RUSSIAN REGIONAL DEVELOPMENT BANK.