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

Contents

Article 3s #

1.In relation to any vessel listed in Annex XLII, it shall be prohibited to, directly or indirectly:

(a)provide access to ports, anchorage zones and locks in the territory of the Union, and for such a vessel to access them;

(b)import into the Union, purchase or transfer such a vessel;

(c)sell, supply, including charter, or export such a vessel;

(d)operate or crew such a vessel;

(e)provide flag registration for the benefit of such a vessel;

(f)provide financing and financial assistance, including insurance and reinsurance, as well as brokering services, including ship brokering;

(g)provide technical assistance and other services including bunkering, ship supply services, crew changes services, cargo loading and discharge services, fendering and tug services to the benefit of such a vessel; and

(h)engage in ship-to-ship transfers or any other transfer of cargo with, or procure any services from, such a vessel.

2.Annex XLII shall include vessels that:

(a)transport goods and technology used in the defence and security sector, from or to Russia, for use in Russia or for Russia’s warfare in Ukraine;

(b)transport crude oil or petroleum products as listed in Annex XXV or mineral products that originate in Russia or are exported from Russia and practice irregular and high-risk shipping practices as set out in the International Maritime Organisation General Assembly resolution A.1192(33);

(c)are operated in such a way as to contribute or support actions or policies for the exploitation, development or expansion of the energy sector in Russia, including energy infrastructure;

(d)are operated in such a way as to contribute or support actions or policies which undermine or threaten the economic subsistence or food security of Ukraine, such as the transport of stolen Ukrainian grain, or the preservation of cultural heritage of Ukraine, such as the transport of stolen Ukrainian cultural goods;

(e)transport goods originating in or exported from the Union listed in Annexes XI, XX and XXIII of this Regulation, or goods originating in Russia or exported from Russia and imported into the Union listed in Annex XXI of this Regulation and thereby enabling Russia’s actions destabilising the situation in Ukraine;

(f)are operated in such a way as to facilitate or engage in the violation or circumvention or otherwise significantly frustrate the provisions of this Regulation or of Regulations (EU) No 269/2014, (EU) No 692/2014 or (EU) 2022/263; or

(g)are owned, chartered or operated by natural or legal persons, entities or bodies listed in Annex I to Regulation (EU) No 269/2014, are otherwise used in the name of, on behalf of, in relation with or for the benefit of such persons;

(h)provide services to vessels designated under points (a) to (g), such as bunkering services and tug services; or

(i)carry out ship-to-ship transfers with vessels designated under points (a) to (h).

3.Paragraph 1 shall not apply in the case of a vessel, as listed in Annex XLII, in need of assistance seeking a place of refuge, of an emergency port call for reasons of maritime safety, or for saving life at sea, or for humanitarian purposes, or for 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, or for the recognition or enforcement of a judgment or an arbitration award rendered in a Member State, or for the purposes of an investigation into infringements of the provisions of this Regulation or into other illicit activity.

3a.By way of derogation from paragraph 1, the competent authorities of a Member State may authorise the carrying out of the operations referred to in points (a) to (g) of paragraph 1, in respect of a vessel listed in Annex XLII after having determined that:

(a)the vessel is intended to be recycled; and

(b)the operations in question are necessary for the vessel to proceed to her recycling facility, for any relevant activities of the recycling facility in relation to the vessel, or for payments related to the recycling.

4.By way of derogation from points (a) and (g) of paragraph 1, the competent authorities of an island Member State may authorise a vessel listed in Annex XLII under paragraph 2(e), to access ports and anchorage zones, and receive services under paragraph 1(g) under such conditions as they deem appropriate, after having determined that:

(a)the goods are strictly necessary to satisfy basic needs of that Member State; and

(b)the import of such goods is not otherwise prohibited under this Regulation.

5.The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 3a and 4 within two weeks of the authorisation.

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 3s#

Article 3s #