Article 3m · Council Regulation (EU) No 833/2014

Contents

Article 3m #

1.It shall be prohibited to purchase, import or transfer, directly or indirectly, crude oil or petroleum products, as listed in Annex XXV, if they originate in Russia or are exported from Russia.

10.Member States shall report to the Commission by no later than 8 June 2022 and every three months thereafter on the amounts of crude oil falling under CN 270900 imported by pipeline, as referred to in paragraph 3(d). Such import figures shall be broken down per pipeline. In the event that the exceptional temporary derogation referred to in paragraph 4 applies with regard to a landlocked Member State, that Member State shall report to the Commission every three months on the amounts of seaborne crude oil falling under CN 270900 which it imports from Russia, for as long as that derogation applies.During the period until 5 December 2023 referred to in the fourth subparagraph of paragraph 8, Member States shall report to the Commission every three months on the amounts which they export to Czechia of petroleum products falling under CN 2710 obtained from crude oil which has been delivered by pipeline as referred to in paragraph 3(d).

11.By way of derogation from paragraphs 1 and 2, the competent authorities of the Member States may authorise, under such conditions as they deem appropriate, the purchase, import or transfer of crude oil or petroleum products listed in Annex XXV that originate in or are exported from Russia, as well as the provision of technical assistance, brokering services, financing or financial assistance, or any other related services, after having established that:

(a)the goods concerned have been seized or confiscated by an authority of a Member State in the course of national administrative or judicial proceedings;

(b)the goods concerned remain under the effective control of the authorities of a Member State or of an entity acting on behalf of those authorities during the period of custody, management and storage of the goods, until their possible sale;

(c)the operations referred to in point (b) do not result, directly or indirectly, in any payment or making available of funds or economic resources for the benefit of Russian natural or legal persons, entities or bodies, or those established in Russia.

11.Natural and legal persons, entities and bodies shall inform within two weeks the competent authority of the Member State where they are resident, located, established or incorporated, of all transactions for the purchase, import or transfer into the Union of natural gas condensates of subheading CN 27090010 from liquefied natural gas production plants, originating in or exported from Russia. The reporting shall include information on volumes.The Member State concerned shall provide the other Member States and the Commission with the information received under the previous subparagraph.

12.Based on the information received under paragraph 11, the Commission shall review the functioning of the measures concerning natural gas condensates of subheading CN 27090010 from liquefied natural gas production plants, originating in or exported from Russia, no later than 18 June 2023.

2.It shall be prohibited to provide, directly or indirectly, technical assistance, brokering services, financing or financial assistance or any other services related to the prohibition in paragraph 1.

2a.As of 1 January 2027, the prohibitions in paragraphs 1 and 2 shall apply to natural gas condensate of subheading CN 27090010 from liquefied natural gas production plants.

3.The prohibitions in paragraphs 1 and 2 shall not apply:

(a)until 5 December 2022, to one-off transactions for near-term delivery, concluded and executed before that date, or to the execution of contracts for the purchase, import or transfer of goods falling under CN 270900 concluded before 4 June 2022, or of ancillary contracts necessary for the execution of such contracts, provided that those contracts have been notified by the relevant Member States to the Commission by 24 June 2022 and that the one-off transactions for near-term delivery are notified by the relevant Member States to the Commission within 10 days of their completion;

(b)until 5 February 2023, to one-off transactions for near-term delivery, concluded and executed before this date, or to the execution of contracts for the purchase, import or transfer of goods falling under CN 2710 concluded before 4 June 2022, or of ancillary contracts necessary for the execution of such contracts, provided that those contracts have been notified by the relevant Member States to the Commission by 24 June 2022 and that the one-off transactions for near-term delivery are notified by the relevant Member States to the Commission within 10 days of their completion;

(c)to the purchase, import or transfer of seaborne crude oil and of petroleum products listed in Annex XXV where those goods originate in a third country and are only being loaded in, departing from or transiting through Russia, provided that both the origin and the owner of those goods are non-Russian;

(d)to crude oil falling under CN 270900 which is delivered by pipeline from Russia into Member States, until the Council decides that the prohibitions in paragraphs 1 and 2 shall apply.

3a.The exemption in paragraph 3, point (d), shall stop applying to Germany and Poland on 23 June 2023.

3b.The exemption in paragraph 3, point (d), shall stop applying to Czechia as from 1 July 2025.

4.If the supply of crude oil by pipeline from Russia to a landlocked Member State is interrupted for reasons outside the control of that Member State, seaborne crude oil from Russia falling under CN 270900 may be imported into that Member State, by way of an exceptional temporary derogation from paragraphs 1 and 2, until the supply is resumed or until the Council decision referred to in paragraph 3(d) applies with regard to that Member State, whichever is the earliest.

5.As of 5 December 2022, and by way of derogation from paragraphs 1 and 2, the competent authorities of Bulgaria may authorise the execution until 31 December 2024 of contracts concluded before 4 June 2022, or of ancillary contracts necessary for the execution of such contracts, for the purchase, import or transfer of seaborne crude oil and of petroleum products listed in Annex XXV originating in Russia or exported from Russia.

6.As of 5 February 2023, and by way of derogation from paragraphs 1 and 2, the competent authorities of Croatia may authorise until 31 December 2025 the purchase, import or transfer of vacuum gas oil falling under CN code 2710 19 71 originating in Russia or exported from Russia, provided that the following conditions are fulfilled:

(a)no alternative supply of vacuum gas oil is available; and

(b)Croatia has notified the Commission, at least two weeks prior to the authorisation, of the grounds on which it considers that a specific authorisation should be granted, and the Commission has not objected within that period.

8.The transfer or transport of crude oil delivered by pipeline into Member States as referred to in paragraph 3(d) to other Member States or to third countries, or its sale to purchasers in other Member States or in third countries, shall be prohibited.All consignments and containers of such crude oil shall be clearly marked as 'REBCO: export prohibited'.As from 5 February 2023, where crude oil has been delivered by pipeline into a Member State as referred to in paragraph 3(d), it shall be prohibited to transfer or transport petroleum products falling under CN 2710 which are obtained from such crude oil 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 temporary derogation, the prohibitions referred to in the third subparagraph shall apply as from 5 June 2025 to the import and transfer into Czechia, and to the sale to purchasers in Czechia, of petroleum products obtained from crude oil which has been delivered by pipeline into another Member State as referred to in paragraph 3, point (d). If alternative supplies for such petroleum products are made available to Czechia before that date, the Council shall terminate that temporary derogation. During the period until 5 June 2025, the volumes of such petroleum products imported into Czechia from other Member States shall not exceed the average volumes imported into Czechia from those other Member States over the same period during the previous five years.As of 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 as listed in Annex XXXI 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.As of 25 February 2025, by way of derogation from the prohibitions referred to in the third subparagraph, the competent authorities of Slovakia and Hungary may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export from Slovakia to Hungary or from Hungary to Slovakia of certain petroleum products as listed in Annex XXXI which are obtained from crude oil imported under paragraph 3, point (d), after having determined that the products are intended for exclusive use in those two Member States.

9.The prohibitions in paragraph 1 shall not apply to purchases in Russia of goods listed in Annex XXV which are required in order to meet the essential needs of the purchaser in Russia or of humanitarian projects in Russia.

Defined terms · 44

Show every defined term

All-terrain vehicles
means any motorised vehicle designed to travel on three or four low pressure (less than 0,9 bar gauge pressure) tires on unpaved surfaces, typically having a seat designed to be straddled by the operator and handlebars for steering control.
brokering services
means:
central securities depository
means a legal person as defined in point 1 of Article 2(1) of Regulation (EU) No 909/2014 of the European Parliament and of the Council;
Common channel signalling
means the transmission of control information (signalling) via a separate channel than that used for the messages.
competent authorities
means the competent authorities of the Member States as identified on the websites listed in Annex I;
consumer communication devices
means devices used by private individuals such as personal computers and peripherals (including hard drives and printers), mobile telephones, smart televisions, memory devices (USB drives), and consumer software for all of these items;
credit institution
means an undertaking, the business of which is to take deposits or other repayable funds from the public and to grant credit for its own account;
credit rating
means an opinion regarding the creditworthiness of an entity, a debt or financial obligation, debt security, preferred share or other financial instrument, or of an issuer of such a debt or financial obligation, debt security, preferred share or other financial instrument, issued using an established and defined ranking system of rating categories;
credit rating activities
means data and information analysis and the evaluation, approval, issuing and review of credit ratings;
critical entities
means entities as defined in Article 2(1) of Directive (EU) 2022/2557 of the European Parliament and of the Council;
critical infrastructure
means infrastructure as defined in Article 2(a) of Council Directive 2008/114/EC and Article 2(4) of Directive (EU) 2022/2557;
crypto-asset
means crypto-asset as defined in Article 3(1), point (5), of Regulation (EU) 2023/1114 of the European Parliament and of the Council;
Data signalling rate
means the rate, as defined in ITU Recommendation 53-36, taking into account that, for non-binary modulation, baud and bit per second are not equal.
deposit
means a credit balance which results from funds left in an account or from temporary situations deriving from normal banking transactions and which a credit institution is required to repay under the legal and contractual conditions applicable, including a fixed-term deposit and a savings deposit, but excluding a credit balance where:
dual-use goods and technology
means the items listed in Annex I to Regulation (EU) 2021/821 of the European Parliament and of the Council;
Dynamic adaptive routing
means Automatic rerouting of traffic based on sensing and analysis of current actual network conditions.
energy sector
means a sector covering the following activities with the exception of civil nuclear related activities, such as the Paks II project:
European critical infrastructure
means infrastructure as defined in Article 2(b) of Directive 2008/114/EC;
financing or financial assistance
means any action, irrespective of the particular means chosen, whereby the person, entity or body concerned, conditionally or unconditionally, disburses or commits to disburse its own funds or economic resources, including but not limited to grants, loans, guarantees, suretyships, bonds, letters of credit, supplier credits, buyer credits, import or export advances and all types of insurance and reinsurance, including export credit insurance;
funds
means financial assets and benefits of every kind, including, but not limited to:
investment services
means the following services and activities:
investor citizenship schemes
(or ‘golden passports’) means the procedures put in place by a Member State, which allow third-country nationals to acquire its nationality in exchange for pre-determined payments and investments;
investor residence schemes
(or ‘golden visas’) means the procedures put in place by a Member State, which allow third-country nationals to obtain a residence permit in a Member State in exchange for pre-determined payments and investments;
major component
includes any assembled element which forms a portion of an “end item” without which the “end item” is inoperable.2.For the purpose of X.A.IV.008, an “end item” is a system, equipment or assembled commodity ready for its intended use.
managed security service
means a managed security service as defined in point (14a) of Article 2 of Regulation (EU) 2019/881 of the European Parliament and of the Council.
Media access unit
means equipment that contains one or more communication interfaces (“network access controller”, “communications channel controller”, modem or computer bus) to connect terminal equipment to a network.
mining and quarrying sector
means a sector covering the location, extraction, management and processing activities relating to non-energy producing materials;
money-market instruments
means those classes of instruments which are normally dealt in on the money market, such as treasury bills, certificates of deposit and commercial papers and excluding instruments of payment;
non-governmental organisation
means a voluntary self-governing body or organisation established to pursue the essentially non-profit-making objectives of its founders or members;
owners or operators of critical infrastructures
means those entities responsible for investments in, and/or day- to-day operation of, a particular asset, system or part thereof designated as critical infrastructure or European critical infrastructure;
partner country
means a country applying a set of export control measures substantially equivalent to those set out in this Regulation, as identified in Annex VIII;
partner country for importation of iron and steel
means a country applying a set of restrictive measures on imports of iron and steel substantially equivalent to those set out in Article 3g, and a set of import control measures substantially equivalent to those set out in that Article, as identified in Annex XXXVI;
partner country for importation of petroleum products
means a country applying a set of restrictive measures on imports of crude oil and petroleum products substantially equivalent to those provided for in Article 3m, as set out in Annex LI;
payment services
means services as defined in Article 4(3) of Directive (EU) 2015/2366 of the European Parliament and of the Council;
public procurement Directives
means Directives 2014/23/EU, 2014/24/EU, 2014/25/EU and 2009/81/EC of the European Parliament and of the Council;
road transport undertaking
means any natural or legal person, entity or body engaged with a commercial purpose in the transport of freight by means of motor vehicles or combinations of vehicles;
Russian air carrier
means an air transport undertaking holding a valid operating licence or equivalent issued by the competent authorities of the Russian Federation;
services directly related to tourism activities
means the following services:
technical assistance
means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services, including verbal forms of assistance;
terminal interface equipment
means equipment at which information enters or leaves the telecommunication system, e.g. telephone, data device, computer, etc.
territory of the Union
means the territories of the Member States to which the Treaty is applicable, under the conditions laid down in the Treaty, including their airspace;
transferable securities
means the following classes of securities, including in the form of crypto-assets, which are negotiable on the capital market, with the exception of instruments of payment:
transshipment operation
means:
vessel
means:

Article 3m#

Article 3m #