The EU adopted an eighth spherical of sanctions on October 6, 2022 in response to Russia’s continued army aggression towards Ukraine.
Numerous laws and selections have been issued (full particulars of which might be is right here) however of specific significance to the Affiliation and its members is Council Regulation (EU) 2022/1904 (“the Regulation”) which additional amends Council Regulation 2014/833.
Along with imposing an asset freeze on quite a lot of new people and entities, the laws comprise the next provisions of specific relevance to maritime transport:
Russian Transport Register of Navigation
The Russian Maritime Register of Navigation has been added to the record of Russian public entities listed in Annex XIX of the Regulation and topic to the restrictions supplied for in Article 5aa. EU entities are subsequently prohibited from partaking immediately or not directly in any transaction with the Russian Transport Registry of Navigation, however there’s a liquidation interval till 8 January 2023 to permit for the execution of any contract concluded earlier than October 7, 2022 or any ancillary contract. contracts needed for the execution of those contracts.
As well as, vessels licensed by the Russian Transport Register of Navigation can’t name at EU ports after April 8, 2023 in accordance with Article 3a.
Metal merchandise
The record of metal merchandise in Annex XVII the transport of which to any nation, together with non-EU Member States, is prohibited in accordance with Article 3g has been significantly prolonged.
New restrictions have additionally been added which prohibit from September 2023 the import or buy of metal merchandise listed in Annex XVII which have been processed in a 3rd nation however which comprise iron and metal from Russian origin.
All of those provisions embrace a ban on EU entities offering insurance coverage and reinsurance providers. Members are subsequently reminded that in consequence, even when a Member isn’t immediately affected by the Regulation (as a result of, for instance, he’s domiciled exterior the EU), the Affiliation could not be capable to to supply cowl for the train of those actions.
There are extra exemptions and derogations for sure metal merchandise.
Product lists
The lists of prohibited merchandise which generate vital earnings for Russia (Article 3i) set out in Annex XXI and people which may contribute to the strengthening of Russia’s industrial capability (Article 3i) set out in Annex XXIII have each have been considerably expanded. Sure items within the two schedules are, nonetheless, topic to a liquidation interval till January 8, 2023 to permit the execution of any contract entered into earlier than October 7, 2022 or of any ancillary contract needed for the execution of those contracts.
Crude and petroleum merchandise
Some essential clarifications concerning the transportation of Russian crude oil and petroleum merchandise (collectively “Russian oil”) have been supplied and the regulation additionally units out how EU sanctions will work together with the value cap mechanism deliberate by the G7 .
Members will recall that the transport of Russian crude oil (CN code 2709 00) and Russian petroleum merchandise (falling beneath CN code 2710) to the EU, in addition to the availability of (re)insurance coverage for the transport of those shipments are prohibited beneath Article 3m however with a waiver till 5 December 2022 and 5 February 2023 respectively beneath sure circumstances.
The availability of insurance coverage and reinsurance for the transport of those cargoes to 3rd nations was additionally prohibited, however with an exemption beneath article 3n till December 5 for each teams of cargoes supplied that the contract of insurance coverage was concluded earlier than June 4, 2022, i.e. the prohibition on the insurance coverage and reinsurance of petroleum merchandise would have entered into power on December 5, 2022 regardless of the authorization to move. Additional particulars might be discovered within the IG round concerning the sixth EU sanctions package deal dated 27 July 2022. This loophole has been closed by the regulation and there may be now an prolonged liquidation interval for insurance coverage and reinsurance regarding the transport of Russian merchandise falling beneath CN 2710 till February 5, 2023.
Article 3 h, paragraph 3, additionally usefully specifies that claims regarding the transport of Russian crude oil earlier than December 5, 2022 and of petroleum merchandise earlier than February 5, 2023 are due, supplied that the insurance coverage contract was concluded earlier than on June 4, 2022 and protection has ceased by the top of the related liquidation interval.
G7 Value Cap Mechanism
Briefly, Members could also be conscious that the G7 is implementing a mechanism to dampen any oil worth will increase by sustaining the export of Russian oil to world markets, however limiting Russia’s revenues from these gross sales by setting a ceiling that has not but been selected the sale worth. Insurers and reinsurers will probably be allowed to supply cowl for the carriage of all cargoes bought at or beneath the ceiling worth, however conversely they are going to be prohibited from doing so for cargoes bought above the ceiling worth.
Particulars on precisely how the mechanism will work are nonetheless rising and the Affiliation will replace members in additional element sooner or later. Nevertheless, the regulation defines how the mechanism will work together with EU sanctions.
Because it stands, though the transport of Russian crude oil and petroleum merchandise to the EU is prohibited from 5 December 2022 and 5 February 2023 respectively, the transport of such cargoes from Russia to 3rd nations will probably be permitted (however EU insurers and reinsurers can’t present cowl to take action).
If the EU Council agrees on a worth cap and publishes it through an amending Council Resolution, then such transport will usually be prohibited from these dates, however EU vessels will probably be allowed to move Russian oil to locations exterior the EU and EU insurers and reinsurers will be capable to cowl this transport by EU and third nation vessels, supplied that the acquisition worth per barrel doesn’t exceed the printed ceiling worth .
If the value cap subsequently adjustments, there will probably be a 90-day phase-out for contracts entered into previous to the date of the value cap change (assuming such contracts meet the earlier worth cap).
Lastly, it was clarified that the prohibitions of Article 3n don’t apply to the availability of pilotage providers needed for maritime security and the transport of sure cargoes of the Sakhlin-2 mission to Japan, as indicated in l Annex XXIX.
MEPs are reminded that EU sanctions apply within the following circumstances: on Union territory, together with its airspace; on board any plane or vessel beneath the jurisdiction of a Member State; to any particular person inside or exterior the territory of the Union who’s a nationwide of a Member State; to any authorized particular person, entity or physique, inside or exterior the territory of the Union, which is included or included beneath the regulation of a Member State; to any authorized particular person, entity or physique for any exercise carried out wholly or partly throughout the Union.
