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04 Feb, 2025

About Articles 3g, 3i, and 3j of the European Union Council Regulation 833/2014

FREQUENTLY ASKED QUESTIONS

On September 21, 2022, the European Union issued a new directive to clarify the transportation of coal, other solid fossil fuels, and certain types of fertilizers from Russia. The revised Frequently Asked Questions (FAQ) now clarify that the transportation of these goods to third countries is not prohibited when the goods are transferred to countries outside the EU. The updated clarification will have significant impacts on EU businesses that transport these goods and on the insurance policies related to these shipments. The updated questions are compiled below.

Is it allowed for an EU company to purchase goods listed in Annexes XVII, XXI, and XXII of Council Regulation 833/2014 without passing through the EU territory and destined for a third country?

Update: August 29, 2022

No. The purchase, import, or transfer, directly or indirectly, of goods listed in Annexes XVII, XXI, and XXII of Regulation 833/2014 that are of Russian origin or exported from Russia is prohibited under Articles 3g and 3i of the Regulation. The purchase ban applies regardless of the final destination of the goods. If the purchase is covered by Article 13 of Regulation 833/2014, it does not matter whether the goods are sent to EU countries. This regulation supports sanctions aimed at weakening Russia’s economic base (such as depriving its products of critical markets and significantly reducing its fighting capacity). We would like to draw attention to the fact that the situation is different for the purchase of Russian crude oil transported by sea (refer to FAQ No. 15 on “oil imports”).

Is it allowed for an EU company to transfer goods listed in Annexes XVII, XXI, and XXII of Council Regulation 833/2014 without passing through EU territory and destined for a third country?

Update: September 19, 2022

No. The purchase, import, or transfer, directly or indirectly, of goods listed in Annexes XVII, XXI, and XXII of Regulation 833/2014 that are of Russian origin or exported from Russia is prohibited under Articles 3g and 3i of the Regulation. The transfer ban applies regardless of the final destination of the goods, while the import ban applies to goods entering the EU. If the transfer is covered by Article 13 of Regulation 833/2014, it does not matter whether the goods are sent to EU countries. This regulation supports sanctions aimed at weakening Russia’s economic base. However, the EU has committed to avoiding negative impacts on the food and energy security of third countries, especially the least developed countries. Accordingly, the transfer of goods listed in Annexes XXI and XXII to third countries is allowed to fight global food and energy insecurity and avoid potential negative outcomes in third-world countries.

Do the terms “Purchase” and “Transfer” also apply to goods that are currently in free circulation within the EU and are subject to restrictive measures?

Update: August 10, 2022

No. The restrictions outlined in Articles 3g, 3i, 3j, and 3m of Regulation 833/2014 do not apply to goods that are already in free circulation within the EU and are not subject to restrictive measures at the time the restrictions are applied.

What is the impact of the restrictions in Articles 3g, 3i, and 3j of Regulation 833/2014 on services related to the transportation and transfer of goods listed in Annexes XVII, XXI, or XXII (e.g., insurance and brokerage services)?

Update: September 19, 2022

The transportation and transfer of goods listed in Annexes XVII, XXI, or XXII to third countries by EU businesses, as well as related services such as insurance and brokerage, are prohibited under the Regulation. This prohibition applies regardless of whether the transfer is carried out by an EU or non-EU operator. However, the EU has committed to avoiding impacts on food and energy security in third countries, especially in the least developed countries. Accordingly, transfers of goods listed in Annexes XXI and XXII to third countries are allowed to combat global food and energy insecurity.

Does Council Regulation 833/2014 allow EU businesses to make payments after the deadline stipulated in the previous contract, which would allow the implementation of purchase, import, or transfer restrictions?

Update: August 26, 2022

The Commission views that exceptions allowing the implementation of purchase, import, or transfer restrictions in previous contracts up to a specified date do not allow EU businesses to make payments to Russian counterparts after that date. Payments are part of the contract’s execution, and EU businesses are prohibited from making such payments after the stipulated date, even if they have already received goods of Russian origin.

You can access the full Council Regulation through the following link:
EUR-Lex – 32022R0576 – EN – EUR-Lex (europa.eu)

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Best regards,

Esenyel Partners | Imports, purchases and transfers from Russia
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