Date: 2022-02-25Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Regulation (EU) 2022/330 of 25 February 2022 amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
Executive Summary:
Council Regulation (EU) 2022/330 amends Regulation (EU) No 269/2014 concerning restrictive measures against actions undermining Ukraine's territorial integrity. This regulation, effective upon publication on February 25, 2022, updates the listing criteria for individuals and entities subject to these measures to ensure uniform application across Member States.
Key Points / Main Content:
* **Amendment of Article 3 of Regulation (EU) No 269/2014:**
* Paragraph 1 is replaced with updated criteria for including natural and legal persons, entities, and bodies in Annex I.
* **Listing Criteria (Annex I):**
* Persons responsible for actions undermining Ukraine's integrity, sovereignty, or independence.
* Entities supporting actions undermining Ukraine's integrity, sovereignty, or independence.
* Entities in Crimea or Sevastopol with ownership transferred against Ukrainian law or benefiting from such transfers.
* Persons/entities supporting or benefiting from Russian decision-makers responsible for the annexation of Crimea or the destabilization of Ukraine.
* Persons/entities conducting transactions with separatist groups in the Donbas region.
* Persons/entities supporting or benefiting from the Russian Federation government responsible for the annexation of Crimea and destabilization of Ukraine.
* Leading businesspersons/entities involved in economic sectors providing substantial revenue to the Russian Federation government responsible for the annexation of Crimea and destabilization of Ukraine, and associated persons/entities.
* **Entry into Force:**
* The Regulation entered into force on February 25, 2022, upon publication in the Official Journal of the European Union.
* The Regulation is binding and directly applicable in all Member States.
Impact Analysis:
* Member States:
* Impact: Required to uniformly apply the updated restrictive measures and ensure compliance within their jurisdiction.
* Action Required: Implement the amended listing criteria and enforce the restrictive measures as outlined in the Regulation.
* Natural and Legal Persons, Entities, and Bodies Meeting the Listing Criteria:
* Impact: Subject to restrictive measures, including potential asset freezes and travel restrictions.
* Action Required: Comply with the imposed restrictions and seek legal counsel if contesting the measures.
* European Union Institutions:
* Impact: Responsible for overseeing the implementation and enforcement of the Regulation.
* Action Required: Monitor the effectiveness of the measures and propose amendments as necessary.
Key Entities Referenced
European Union: An international organization consisting of European countries.
Council Regulation (EU) 2022/330: A regulation amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.
Regulation (EU) No 269/2014: A Council Regulation concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.
Treaty on the Functioning of the European Union: The Treaty that forms the constitutional basis of the European Union.
Council Decision 2014/145/CFSP: A Council Decision concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.
High Representative of the Union for Foreign Affairs and Security Policy: The chief representative of the European Union for foreign policy.
Ukraine: A country in Eastern Europe.
Crimea: A peninsula located on the northern coast of the Black Sea within Ukraine.
25.2.2022 EN Official Journal of the European Union L 51/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL REGULATION (EU) 2022/330
of 25 February 2022
amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions
undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,
Having regard to Council Decision 2014/145/CFSP of 17 March 2014concerning restrictive measures in respect of actions
undermining or threatening the territorial integrity, sovereignty and independence of Ukraine(1),
Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and
the European Commission,
Whereas:
(1) Council Regulation (EU) No 269/2014(2) gives effect to restrictive measures provided for in Decision
2014/145/CFSP.
(2) On 25 February 2022, the Council adopted Decision (CFSP) 2022/329(3), which amends Decision 2014/145/CFSP
and provides for amended listing criteria.
(3) Those amendments fall within the scope of the Treaty and therefore regulatory action at the level of the Union is
necessary in order to implement them, in particular with a view to ensuring their uniform application in all
Member States.
(4) Regulation (EU) No 269/2014 should therefore be amended accordingly.
(5) In order to ensure that the measures provided for in this Regulation are effective, it should enter into force
immediately,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 3 of Regulation (EU) No 269/2014, paragraph 1 is replaced by the following:
‘1. Annex I shall include:
(a) natural persons responsible for, supporting or implementing actions or policies which undermine or threaten the
territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine, or which obstruct the
work of international organisations in Ukraine;
(1) OJ L 78, 17.3.2014, p. 16.
(2) Council Regulation (EU) No 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or
threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 78, 17.3.2014, p. 6).
(3) Council Decision (CFSP) 2022/329 of 25 February 2022 amending Decision 2014/145/CFSP concerning restrictive measures in
respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 50, 25.2.2022,
p. 1).L 51/2 EN Official Journal of the European Union 25.2.2022
(b) legal persons, entities or bodies supporting, materially or financially, actions which undermine or threaten the
territorial integrity, sovereignty and independence of Ukraine;
(c) legal persons, entities or bodies in Crimea or Sevastopol whose ownership has been transferred contrary to Ukrainian
law, or legal persons, entities or bodies which have benefited from such a transfer;
(d) natural or legal persons, entities or bodies supporting, materially or financially, or benefiting from Russian decision-
makers responsible for the annexation of Crimea or the destabilisation of Ukraine;
(e) natural or legal persons, entities or bodies conducting transactions with the separatist groups in the Donbas region of
Ukraine;
(f) natural or legal persons, entities or bodies supporting, materially or financially, or benefitting from the Government of
the Russian Federation, which is responsible for the annexation of Crimea and the destabilisation of Ukraine; or
(g) leading businesspersons or legal persons, entities or bodies involved in economic sectors providing a substantial source
of revenue to the Government of the Russian Federation, which is responsible for the annexation of Crimea and the
destabilisation of Ukraine,
and natural or legal persons, entities or bodies associated with them.’.
Article 2
This Regulation shall enter into force on the date 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, 25 February 2022.
For the Council
The President
J. BORRELL FONTELLES