Commission Implementing Regulation (EU) 2023/251 of 4 February 2023 amending Council Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

Commission Implementing Regulation (EU) 2023/251 of 4 February 2023 amending Council Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) No 833/2014 Council Regulation (EU) No 833/2014 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. 1). concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine, in particular Article 7a, Whereas: (1) On 31 July 2014, the Council adopted Regulation (EU) No 833/2014. (2) Regulation (EU) No 833/2014 gives effect to certain measures provided for in Council 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). . (3) Council Decision (CFSP) 2022/1909 Council Decision (CFSP) 2022/1909 of 6 October 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 259 I, 6.10.2022, p. 122). introduced an exemption from the prohibition to provide maritime transport and the prohibition to provide technical assistance, brokering services or financing or financial assistance, related to the maritime transport to third countries of crude oil or petroleum products which originate in or are exported from Russia, purchased at or below a pre-established price cap agreed by the Price Cap Coalition. That exemption should mitigate adverse consequences on energy supply to third countries and reduce price surges driven by extraordinary market conditions, while limiting Russian oil revenues. (4) Council Decision (CFSP) 2022/2369 Council Decision (CFSP) 2022/2369 of 3 December 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 311 I, 3.12.2022, p. 8). introduced the price cap into its Annex XI, that is the price per barrel at or below which crude oil from Russia is exempt from the prohibition to provide maritime transport and the prohibition to provide technical assistance, brokering services or financing or financial assistance, related to the maritime transport to third countries. (5) On 4 February 2023, Council Decision (CFSP) 2023/252 Council Decision (CFSP) 2023/252 of 4 February 2023 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 32 I, 4.2.2023, p. 11). amended Decision 2014/512/CFSP to introduce two additional price caps on petroleum products into its Annex XI, one for petroleum products traded at a discount to crude oil (discount to crude oil) and a second one for petroleum products traded at a premium to crude (premium to crude oil), that is the price per barrel at or below which petroleum products from Russia are exempt from the prohibition to provide maritime transport and the prohibition to provide technical assistance, brokering services or financing or financial assistance, related to the maritime transport to third countries.

(6) Annex XXVIII to Regulation (EU) No 833/2014 should therefore be amended accordingly, HAS ADOPTED THIS REGULATION:

Article 1

Annex XXVIII to Regulation (EU) No 833/2014 is amended as set out in the Annex to this Regulation.

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, 4 February 2023. For the Commission The President Ursula von der Leyen

Annex

ANNEX Annex XXVIII to Council Regulation (EU) No 833/2014 is amended as follows: (1) the following text is deleted: [table with product CN codes and corresponding prices as agreed by the Price Cap Coalition] (2) the following sub-title is added to the table: Price for crude oil (3) the following sub-title and table are added: Prices for petroleum products CN CodeDescription Premium to crude oil/ Discount to crude oil Price per barrel (USD)Date of applicationPetroleum oils and oils obtained from bituminous minerals (other than crude) and preparations not elsewhere specified or included, containing by weight 70 % or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations, other than those containing biodiesel and other than waste oils271012Light oils and preparations27101211For undergoing a specific processDiscount to crude oil455 February 202327101215For undergoing chemical transformation by a process other than those specified in respect of subheading 27101211Discount to crude oil455 February 2023 For other purposes Special spirits 27101221White spiritDiscount to crude oil455 February 202327101225OtherDiscount to crude oil455 February 2023 Other Motor spirit 27101231Aviation spiritPremium to crude oil1005 February 2023 Other, with a lead content Not exceeding 0,013 g per litre 27101241With an octane number (RON) of less than 95Premium to crude oil1005 February 202327101245With an octane number (RON) of 95 or more but less than 98Premium to crude oil1005 February 202327101249With an octane number (RON) of 98 or morePremium to crude oil1005 February 202327101250Exceeding 0,013 g per litrePremium to crude oil1005 February 202327101270Spirit type jet fuelPremium to crude oil1005 February 202327101290Other light oilsPremium to crude oil1005 February 2023271019OtherMedium oils27101911For undergoing a specific processPremium to crude oil1005 February 202327101915For undergoing chemical transformation by a process other than those specified in respect of subheading 27101911Premium to crude oil1005 February 2023 For other purposes Kerosene 27101921Jet fuelPremium to crude oil1005 February 202327101925OtherPremium to crude oil1005 February 202327101929OtherPremium to crude oil1005 February 2023 Heavy oils Gas oils 27101931For undergoing a specific processPremium to crude oil1005 February 202327101935For undergoing chemical transformation by a process other than those specified in respect of subheading 27101931Premium to crude oil1005 February 2023For other purposes27101943With a sulphur content not exceeding 0,001 % by weightPremium to crude oil1005 February 202327101946With a sulphur content exceeding 0,001 % by weight but not exceeding 0,002 % by weightPremium to crude oil1005 February 202327101947With a sulphur content exceeding 0,002 % by weight but not exceeding 0,1 % by weightPremium to crude oil1005 February 202327101948With a sulphur content exceeding 0,1 % by weightPremium to crude oil1005 February 2023Fuel oils27101951For undergoing a specific processDiscount to crude oil455 February 202327101955For undergoing chemical transformation by a process other than those specified in respect of subheading 27101951Discount to crude oil455 February 2023For other purposes27101962With a sulphur content not exceeding 0,1 % by weightDiscount to crude oil455 February 202327101966With a sulphur content exceeding 0,1 % by weight but not exceeding 0,5 % by weightDiscount to crude oil455 February 202327101967With a sulphur content exceeding 0,5 % by weightDiscount to crude oil455 February 2023Lubricating oils; other oils27101971For undergoing a specific processPremium to crude oil1005 February 2023

27101975For undergoing chemical transformation by a process other than those specified in respect of subheading 27101971Discount to crude oil455 February 2023For other purposes27101981Motor oils, compressor lube oils, turbine lube oilsDiscount to crude oil455 February 202327101983Hydraulic oilsDiscount to crude oil455 February 202327101985White oils, liquid paraffinDiscount to crude oil455 February 202327101987Gear oils and reductor oilsDiscount to crude oil455 February 202327101991Metal-working compounds, mould-release oils, anti-corrosion oilsDiscount to crude oil455 February 202327101993Electrical insulating oilsDiscount to crude oil455 February 202327101999Other lubricating oils and other oilsDiscount to crude oil455 February 2023271020Petroleum oils and oils obtained from bituminous minerals (other than crude) and preparations not elsewhere specified or included, containing by weight 70 % or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations, containing biodiesel, other than waste oilsGas oils27102011With a sulphur content not exceeding 0,001 % by weightPremium to crude oil1005 February 202327102016With a sulphur content exceeding 0,001 % by weight but not exceeding 0,1 % by weightPremium to crude oil1005 February 2023 27102019With a sulphur content exceeding 0,1 % by weightPremium to crude oil1005 February 2023Fuel oils27102032With a sulphur content not exceeding 0,5 % by weightDiscount to crude oil455 February 202327102038With a sulphur content exceeding 0,5 % by weightDiscount to crude oil455 February 202327102090Other oilsDiscount to crude oil455 February 2023Waste oils271091Containing polychlorinated biphenyls (PCBs), polychlorinated terphenyls (PCTs) or polybrominated biphenyls (PBBs)Discount to crude oil455 February 2023271099OtherDiscount to crude oil455 February 2023