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. 7. 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. 8. 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. 9. 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). 10. 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. 11. 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 8517 71 00, 8517 79 00 and 9026 00 00 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 7207 11 or 7207 12 10 or 7224 90, this prohibition shall apply as of 1 April 2024 for CN code 7207 11 and as of 1 October 2024 for CN codes 7207 12 10 and 7224 90;’; (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 7207 11, 7207 12 10 and 7224 90, 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 7224 90: (a) 147 007 metric tonnes between 17 December 2022 and 31 December 2023; (b) 110 255 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 ( *1 ) . ( *1 ) 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 2905 11 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 2905 11 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 8417 20, 8419 81 80 and 8438 10 10, 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.