EU Agrees 5th Package of Sanctions against Russia
Following the atrocities committed by Russian armed forces in Bucha and other places under Russian occupation, the EU has moved to adopt a 5th package of sanctions against Russia. The EU states that the measures are designed to reinforce pressure on the Russian government and economy, and to limit Russia’s ability to raise revenue and access resources for the continuation of its aggression.
Details can be found in the following 2 press releases:
More specific details are set out in the following Regulations and Council Decisions links to which can be found here:
COUNCIL REGULATION (EU) 2022/576 dated 8 April 2022
COUNCIL REGULATION (EU) 2022/577 of 8 April 2022
COUNCIL DECISION (CFSP) 2022/578 of 8 April 2022
COUNCIL DECISION (CFSP) 2022/579 of 8 April 2022
The 5th package includes the following measures under Regulations 2022/576 amending Regulation 833/2014.
Ship entry bans
Under Article 3 ea there is an entry ban (with effect from 16 April 2022) on Russian-flagged vessels to EU ports. The ban applies to vessels that have changed their Russian flag or their registration, to the flag or register of any other State since 24 February 2022. Exemptions apply for medical, food, energy, and humanitarian purposes, amongst others.
By way of derogation Member States may authorise a vessel to access a port, under such conditions as they deem appropriate, after having determined that the access is necessary for:
the purchase, import or transport into the Union of natural gas and oil, including refined petroleum products, titanium, aluminium, copper, nickel, palladium and iron ore, as well as certain chemical and iron products as listed in Annex XXIV of the Regulation;
the purchase, import or transport of pharmaceutical, medical, agricultural and food products, including wheat and fertilisers whose import, purchase and transport is allowed under the Regulation;
humanitarian purposes;
transport of nuclear fuel and other goods strictly necessary for the functioning of civil nuclear capabilities; or
the purchase, import or transport into the Union of coal and other solid fossil fuels, as listed in Annex XXII until 10 August 2022.
Import bans
Under Article 3i it is prohibited to purchase, import, or transfer, directly or indirectly, goods (as listed in Annex XXI) into the Union if they originate in Russia or are exported from Russia. The prohibition also applies provision of technical assistance, brokering services or other services, and financing or financial assistance.
The above prohibitions do not apply to the execution until 10 July 2022 of contracts concluded before 9 April 2022.
Under Article 3j there is a prohibition against the purchase, import or transfer coal and other solid fossil fuels (as listed in Annex XXII) into the EU if they originate in Russia or are exported from Russia. The prohibitions apply also to provision of technical assistance, brokering services or other services, and financing or financial assistance. The prohibitions do not apply to the execution until 10 August 2022 of contracts concluded before 9 April 2022.
Export bans
Under Article 3k there are additional export bans on goods which could contribute to the enhancement of Russian industrial capacities as listed in Annex XXIII. This includes jet fuel, quantum computing, advanced semiconductors, sensitive machinery, transportation and chemicals. It also includes specialist catalysts for use in the refinery industry. The prohibition also applies to the provision of technical assistance, brokering services or other services, and financing or financial assistance.
The above prohibitions do not apply to the execution until 10 July 2022 of contracts concluded before 9 April 2022.
Road Haulage bans*
Under Article 3l there is a ban on Russian freight road operators working in the EU. Certain exemptions apply to essentials, such as agricultural and food products, humanitarian aid as well as energy (including natural gas and oil, including refined petroleum products, titanium, aluminium, copper, nickel, palladium and iron ore).
Banknotes*
Under Article 5i it is prohibited to sell, supply, transfer or export banknotes denominated in any official currency of a Member State to Russia or to any natural or legal person, entity or body in Russia, including the government and the Central Bank of Russia, or for use in Russia. The prohibition does not apply where the banknotes are for the personal use of natural persons travelling to Russia or members of their immediate families travelling with them.
Exclusion of Russia from public contracts and European money
Under Articles 5l and 5m there are prohibitions on the participation of Russian nationals and entities in procurement contracts in the EU. Limited exceptions may be granted by the competent authorities where there is no viable alternative. They include restrictions on financial and non-financial support to Russian publicly owned or controlled entities under EU, Euratom and Member State programmes. The EU will terminate participation in all ongoing grant agreements to Russian public bodies or related entities, and suspend all related payments, under Horizon 2020 and Horizon Europe, Euratom, and Erasmus+. No new contracts or agreements with Russian public bodies or related entities will be concluded under these programmes.
* The restrictions in relation to banknotes and road transport also apply to Belarus.