Council Decision 2014/659/CFSP of 8 September 2014 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine

COUNCIL DECISION 2014/659/CFSP

of 8 September 2014

amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Whereas:

• (1) On 31 July 2014, the Council adopted Decision 2014/512/CFSP ([^E0001]).

• (2) On 30 August 2014, the European Council condemned the increasing inflows of fighters and weapons from the territory of the Russian Federation into Eastern Ukraine and the aggression of Russian armed forces on Ukrainian soil.

• (3) The European Council called for preparatory work on proposals to be undertaken so that significant further steps could be taken in light of the evolution of the situation on the ground.

• (4) In view of the gravity of the situation, the Council considers it appropriate to take further restrictive measures in response to Russia's actions destabilising the situation in Ukraine.

• (5) In this context, it is appropriate to extend the prohibition in relation to certain financial instruments. Additional restrictions on access to the capital market should be imposed in relation to State-owned Russian financial institutions, certain Russian entities in the defence sector, and certain Russian entities whose main business is the sale or transportation of oil. These prohibitions do not affect the financial services not referred to in Article 1.

• (6) Furthermore, the sale, supply or transfer of dual-use items to certain persons, entities or bodies in Russia should be prohibited.

• (7) In addition, the provision of services necessary for deep water oil exploration and production, arctic oil exploration and production or shale oil projects should be prohibited.

• (8) Further action by the Union is needed in order to implement certain measures,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2014/512/CFSP is hereby amended as follows:

• (1)Article 1 is replaced by the following: ‘Article 1

(a)major credit institutions or finance development institutions established in Russia with over 50 % public ownership or control as of 1 August 2014, as listed in Annex I; (b)any legal person, entity or body established outside the Union owned for more than 50 % by an entity listed in Annex I; or (c)any legal person, entity or body acting on behalf, or at the direction, of an entity within the category referred to in point (b) of this paragraph or listed in Annex I, shall be prohibited.

(a)entities established in Russia predominantly engaged and with major activities in the conception, production, sales or export of military equipment or services, as listed in Annex II, except entities active in the space and nuclear energy sectors; (b)entities established in Russia which are publicly controlled or with over 50 % public ownership which have estimated total assets of over 1 trillion Russian Roubles and whose estimated revenues originate for at least 50 % from the sale or transportation of crude oil or petroleum products as of 12 September 2014, as listed in Annex III; (c)any legal person, entity or body established outside the Union owned for more than 50 % by an entity referred to in points (a) and (b); or (d)any legal person, entity or body acting on behalf, or at the direction, of an entity within the category referred to in point (c) or listed in Annex II or III, shall be prohibited.

• (2)The following Article is inserted: ‘Article 3a

(a)to provide technical assistance, brokering services or other services related to goods and technology set out in paragraph 1 and to the provision, manufacture, maintenance and use of these goods and technology, directly or indirectly to any person, entity or body in Russia, as listed in Annex IV; (b)to provide financing or financial assistance related to goods and technology referred to in paragraph 1, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of these goods and technology, or for the provision of related technical assistance, brokering services or other services, directly or indirectly to any person, entity or body in Russia, as listed in Annex IV.

• (3)The following Article is inserted: ‘Article 4a

• (4)Article 7(1)(a) is replaced by the following: ‘(a)entities referred to in point (b) or (c) of Article 1(1) and in point (c) or (d) of Article 1(2), or listed in Annex I, II, III or IV.’.

• (5)Article 8 is replaced by the following: ‘Article 8 It shall be prohibited to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions set out in Articles 1 to 4a, including by acting as a substitute for the entities referred to in Article 1.’.

Article 2

This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

ANNEX

• 1.The Annex to Decision 2014/512/CFSP is renamed Annex I;

• 2.The following Annexes are added:

‘ANNEX II LIST OF LEGAL PERSONS, ENTITIES OR BODIES REFERRED TO IN ARTICLE 1(2)(a) OPK OBORONPROM UNITED AIRCRAFT CORPORATION URALVAGONZAVOD

ANNEX III LIST OF LEGAL PERSONS, ENTITIES OR BODIES REFERRED TO IN ARTICLE 1(2)(b) ROSNEFT TRANSNEFT GAZPROM NEFT

ANNEX IV LIST OF LEGAL PERSONS, ENTITIES OR BODIES REFERRED TO IN ARTICLE 3a JSC Sirius (optoelectronics for civil and military purposes) OJSC Stankoinstrument (mechanical engineering for civil and military purposes) OAO JSC Chemcomposite (materials for civil and military purposes) JSC Kalashnikov (small arms) JSC Tula Arms Plant (weapons systems) NPK Technologii Maschinostrojenija (ammunition) OAO Wysokototschnye Kompleksi (anti-aircraft and anti-tank systems) OAO Almaz Antey (state-owned enterprise; arms, ammunition, research) OAO NPO Bazalt (state-owned enterprise, production of machinery for the production of arms and ammunition)’.

[^E0001]: 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).