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 July 2026, the Council adopted Decision (CFSP) 2026/1845 (3), amending Decision 2014/145/CFSP. (3) Decision (CFSP) 2026/1845 introduces a derogation from the asset freeze and the prohibition of making funds and economic resources available to some specific designated entities. That derogation is designed to allow a payment due by natural or legal persons, entities or bodies listed in Annex I or by an insurance provider as a result of a risk for which they are liable. (4) Decision (CFSP) 2026/1845 introduces additional derogations from the asset freeze and the prohibition of making funds and economic resources available to some specific designated persons. Those derogations are narrowly circumscribed to allow a Union operator to exercise a specific pre-existing contractual obligation, arising from an agreement concluded in 2015 prior to the imposition of any applicable restrictive measures. Those derogations do not undermine the general objectives of Regulation (EU) No 269/2014 and are justified solely by the need to address an unintended adverse consequence for a Union operator. (5) Decision (CFSP) 2026/1845 introduces an exemption from the asset freeze and the prohibition on making funds and economic resources available to designated persons to enable the continued operation of necessary transport by rail, between Russia and the Union, through the Union, and within Russia. The introduction of Article 6g is without prejudice to the case-by-case assessment of control of designated persons over non-designated entities. (6) Decision (CFSP) 2026/1845 introduces an exemption from the asset freeze and the prohibition on making funds and economic resources available to certain designated entities to enable the continued operation of the Paks II project and to avoid undermining nuclear safety and security. (7) Council Regulation (EU) 2026/511 (4) extended the scope of the prohibition on the satisfaction of 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 to 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 (5). Those persons can, however, bring claims in third-country jurisdictions in connection with contracts and transactions affected by those prohibitions, causing loss to nationals of a Member State or legal persons incorporated under the law of a Member State. Hence, it is necessary to extend the possibility to recover damages before the courts of a Member State. (8) Russian legislation and court practice enable persons to lodge a claim before certain Russian courts, which then assert jurisdiction over disputes and render judgments condemning Union companies in relation to contracts or transactions affected by Union restrictive measures. Accordingly, evidence shows that Russian persons, entities or bodies, or persons, entities or bodies acting through or on behalf of one of those Russian persons, entities or bodies, or owned or controlled by such persons, entities or bodies, seek or might seek to initiate and pursue legal proceedings in connection with measures imposed under Regulations (EU) No 269/2014 and (EU) No 833/2014, or seek or might seek to obtain recognition or enforcement of judgments granted through such legal proceedings. In order to preserve the effectiveness of Union restrictive measures, it is necessary for the Union to take action to mitigate the effect of such practices, by requiring Member States not to recognise or enforce any injunction, order, relief, judgment or other court or administrative decision given by a Russian court or authority in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by the measures imposed under Regulations (EU) No 269/2014 and (EU) No 833/2014. (9) Where the application of the measures imposed under Regulation (EU) No 269/2014 could generate undue economic benefits for listed persons, entities or bodies, it may undermine the effectiveness and objectives of the Union’s restrictive measures. The Commission should therefore monitor such cases and present its assessment to the Council without undue delay and, jointly with the High Representative, make, where appropriate, proposals to avoid conferring unintended benefits on listed persons, entities or bodies. The Council should examine such proposals with a view to adopting the necessary measures in the sanctions framework at the earliest opportunity, so as to avoid undue economic benefits accruing to listed persons, entities or bodies. (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 2026-10-14 · Text as adopted (Official Journal); later amendments are not incorporated in this text.