On 23 June 2023, the Council adopted Decision (CFSP) 2023/1217, amending Decision 2014/512/CFSP.
In order to minimise the risk of circumvention of the restrictive measures, Decision (CFSP) 2023/1217 prohibits the transit via the territory of Russia of goods and technology which might contribute to Russia’s military and technological enhancement or to the development of its defence and security sector, goods and technology suited for use in aviation or space industry and jet fuel and fuel additives, exported from the Union.
The Union should adopt the appropriate individual measures addressing the involvement of third-country operators in facilitating circumvention. Such measures may include individual designations under Council Regulation (EU) No 269/2014 (4) or other measures under Regulation (EU) No 833/2014, such as adding entities to Annex IV to Regulation (EU) No 833/2014, including on the basis of information and suggestions received from Member States. Where, following the adoption of individual measures and further engagement with the third country, it is manifest, given the volume, type or systemic nature of the ongoing circumvention, that those steps are insufficient or inadequate to prevent such circumvention in or via the third country concerned, the Union should be able to take further measures. To that effect, Decision (CSFP) 2023/1217 has introduced the possibility to take exceptional, last-resort measures restricting the sale, supply, transfer or export of sensitive dual-use goods and technology, or goods and technology that might contribute to the enhancement of Russia’s military, technological or industrial capacities or to the development of Russia’s defence and security sector, in a way that strengthens its ability to wage war, and whose export to Russia is prohibited under Regulation (EU) No 833/2014 to third countries whose jurisdiction is demonstrated to be at a continuing and particularly high risk of being used for circumvention.
Decision (CFSP) 2023/1217 adds 87 new entities to the list of legal persons, entities and bodies set out in Annex IV to Decision 2014/512/CFSP, namely the list of entities directly supporting Russia’s military and industrial complex in its war of aggression against Ukraine, on which 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.
Decision (CFSP) 2023/1217 expands the list of items which contribute to Russia’s military and technological enhancement or to the development of its defence and security sector by adding items which have been used by Russia for its war of aggression against Ukraine and items which contribute to the development or production of its military systems, including electronic components, semiconductor materials, manufacturing and testing equipment for electronic integrated circuits and printed circuit boards, precursors to energetic materials and precursors to chemical weapons, optical components, navigational instruments, metals used in the defence sector and marine equipment. Decision (CFSP) 2023/1217 also extends the list of restricted firearms, their parts, essential components and ammunition, and adds other types of arms. Decision (CFSP) 2023/1217 imposes further restrictions on exports of goods which could contribute to the enhancement of Russian industrial capacities.
Decision (CFSP) 2023/1217 prohibits the sale, license or transfer in any other way of intellectual property rights or trade secrets, as well as the granting of rights to access or re-use any material or information protected by means of intellectual property rights or constituting trade secrets, related to the goods and technology whose sale, supply, transfer or export, to a person, entity or body in Russia or for use in Russia is prohibited.
Decision (CFSP) 2023/1217 also extends the suspension of the broadcasting licences in the Union of five Russian media outlets under the permanent control of the Russian leadership, and the prohibition against broadcasting their content.
Decision (CFSP) 2023/1217 extends the prohibition on the transport of goods by road in the Union by trailers and semi-trailers registered in Russia, including when hauled by trucks registered outside of Russia.
Decision (CFSP) 2023/1217 prohibits access to ports and locks in the territory of the Union by vessels engaged in ship-to-ship transfers where the competent authorities have reasonable cause to suspect that a vessel is in breach of the ban on importing seaborne Russian crude oil and petroleum products into the Union or is transporting Russian crude oil or petroleum products purchased above the price cap agreed by the Price Cap Coalition. That prohibition applies to all vessels, irrespective of their flag of registration, and to any ship-to-ship transfers carried out at any point during the voyage to a Member State’s ports or locks. In any event, vessels will be prohibited from accessing ports and locks in the territory of the Union if they do not notify the competent authority at least 48 hours in advance about a ship-to-ship transfer occurring within specific geographical areas.
Decision (CFSP) 2023/1217 also prohibits access to ports and locks in the territory of the Union by vessels which competent authorities have reasonable cause to suspect of illegally interfering with, switching off or otherwise disabling their shipborne automatic identification systems (AIS) when transporting Russian crude oil and petroleum products in breach of SOLAS Regulation V/19, point 2.4.
Prohibitions relating to port access apply to any vessel, whether it is moored at a port or at anchorage within the jurisdiction of a port of a Member State. In the case of the Gulf of Finland, those prohibitions relate to any vessel, whether it is moored at a port or at anchorage that is located in the territorial waters or internal waters of a Member State.
To avoid circumvention of the prohibition on providing transferable securities to persons in Russia, Decision (CFSP) 2023/1217 extended that prohibition to financial instruments denominated in any currency.
Decision (CFSP) 2023/1217 also introduced a derogation from the prohibition to provide certain services to Russian entities required for the setting-up, certification or evaluation of a firewall removing the control exercised by a listed person over the assets of a non-listed Union entity which the listed person owns or controls, and ensuring that no benefit accrues to the latter, thus allowing that entity to continue its business operations.
