Preamble

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 2014 concerning 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 23 April 2026, the Council adopted Decision (CFSP) 2026/504 (3), amending Decision 2014/145/CFSP. Regulation (EU) No 269/2014 should also be amended accordingly. (3) Decision (CFSP) 2026/504 amends the listing criterion for natural or legal persons, entities or bodies owning, controlling, managing or operating vessels involved in certain activities or that otherwise provide material, technical or financial support to the operations of such vessels. (4) Decision (CFSP) 2026/504 extends to a newly listed insurance company the existing derogation related to payments constituting an indemnity or benefit provided further to the materialisation of a risk. (5) Decision (CFSP) 2026/504 introduces additional derogations from the asset freeze and the prohibition on making funds and economic resources available to designated persons and entities for the work of state-funded intermediators for the foreign cultural policy of the Member States in Russia, such as cultural institutions, schools or organisations supporting Member States’ ethnic minorities. (6) Claims brought by persons, entities or bodies listed in Annex I to Regulation (EU) No 269/2014, or by entities owned by such persons, entities or bodies can not be satisfied if they are related to contracts or transactions affected by restrictive measures. This prohibition also covers claims brought before arbitration tribunals by virtue of arbitration clauses in contracts, contrary to the objective of Article 11 of Regulation (EU) No 269/2014 or Article 11 of Council Regulation (EU) No 833/2014 (4). In order to discourage the initiation of arbitral proceedings by natural or legal persons, entities or bodies listed in Annex I to Regulation (EU) No 269/2014 after restrictive measure have been adopted, which could lead to a circumvention or frustration of restrictive measures, particularly where arbitration proceedings are initiated in a third country, Decision (CFSP) 2026/504 provides for a derogation allowing, under certain conditions, the release of frozen funds or economic resources solely for the payment of costs of arbitral proceedings awarded against such listed persons and to the benefit of parties that are neither persons listed in Annex I to Regulation (EU) No 269/2014 nor owned or controlled by listed persons subject to the restrictive measures set out in in that Regulation , or that are not Russian nationals nor established in Russia and that are not subject to the restrictive measures set out in Regulation (EU) No 833/2014. (7) Decision (CFSP) 2026/504 introduces a new derogation to enable the release of frozen funds of a listed entity or the provision of economic resources thereto, where this is essential to facilitate a reduction by that entity, in the intake of, or reliance on, Russian crude oil imports. Decision (CFSP) 2026/504 also extends an existing derogation for the supply of specific goods and services necessary for the Sofia metro system. (8) At present, claims against Union persons, entities or bodies complying with restrictive measures can be brought by persons, entities or bodies other than those persons, entities or bodies listed in Regulation (EU) No 269/2014, or by persons other than those acting on their behalf or at their direction, for instance when Union persons discontinue the supply of funds or economic resources which could be made available to persons listed under this Regulation. Decision (CFSP) 2026/504 therefore strengthens the Union’s framework of restrictive measures by extending the scope of the prohibition on the satisfaction of such claims in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by Union restrictive measures, in order to better protect Union operators.. The scope of the prohibition in Regulation (EU) No 269/2014 on the satisfaction of such claims should therefore cover claims brought by natural or legal persons, entities or bodies established in third countries other than partner countries listed in Annex VIII to Council Regulation (EU) No 833/2014. (9) Russian natural or legal persons, entities or bodies, or persons, entities or bodies owned or controlled by them might seek to enforce, in third countries other than Russia, court and administrative decisions. Such attempts can be based on claims relating to contracts affected by restrictive measures. It is therefore appropriate to extend the possibility for Union natural or legal persons to claim damages from persons, entities and bodies who seek, in third countries other than Russia, the enforcement of those decisions, or who cooperate in their enforcement, as well as from persons, entities and bodies that are owned or controlled by them. (10) These measures fall within the scope of the Treaty on the Functioning of the European Union and therefore, in particular with a view to ensuring their uniform application in all Member States, regulatory action at the level of the Union is necessary. (11) Regulation (EU) No 269/2014 should therefore be amended accordingly, HAS ADOPTED THIS REGULATION:

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Source: EUR-Lex (Cellar) · retrieved 2026-10-09 · Text as adopted (Official Journal); later amendments are not incorporated in this text.