European regulation concerning restrictive measures against Russian ships, full text

Shtandart: European regulation concerning restrictive measures against Russian ships

Short URL: https://bit.ly/shtandart-EU-sanctions

Surprisingly, since the beginning of the Russian ship Shtandart case in the ports of our country, no French media, unlike the Spanish press, considered quoting the authentic European text setting out the exclusion measures affecting ships registered in Russia.

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Consolidated Council regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine – Updated 10/06/2022

Short URL : https://bit.ly/shtandart-article3ea

Source, EUR-Lex-Europa : https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02014R0833-20221007

Article 3ea

1.   It shall be prohibited to provide access, after 16 April 2022, to ports and, after 29 July 2022, to locks in the territory of the Union, to any vessel registered under the flag of Russia, with the exception of access to locks for the purpose of leaving the territory of the Union.

1a.   The prohibition in paragraph 1 shall also apply, after 8 April 2023, to any vessel certified by the Russian Maritime Register of Shipping.

2.   Paragraph 1 shall apply to vessels that have changed their Russian flag or their registration, to the flag or register of any other State after 24 February 2022.

3.   For the purposes of this Article, with the exception of paragraph 1a, a ‘vessel’ means:
(a) a ship falling within the scope of the relevant international conventions;
(b) a yacht, of 15 metres in length or more, which does not carry cargo and carrying no more than 12 passengers; or
(c) recreational craft or personal watercraft as defined in Directive 2013/53/EU of the European Parliament and of the Council.

4. Paragraphs 1 and 1a shall not apply in the case of a vessel 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.

5.   By way of derogation from paragraphs 1 and 1a, the competent authorities may authorise a vessel to access a port or lock, under such conditions as they deem appropriate, after having determined that the access is necessary for:
(a) unless prohibited under Article 3m or 3n, the purchase, import or transport into the Union of natural gas and oil, including refined petroleum products, titanium, aluminium, copper, nickel, palladium and iron ore, as well as certain chemical and iron products as listed in Annex XXIV;
(b) the purchase, import or transport of pharmaceutical, medical, agricultural and food products, including wheat and fertilisers whose import, purchase and transport is allowed under this Regulation;
(c) humanitarian purposes;
(d) transport of nuclear fuel and other goods strictly necessary for the functioning of civil nuclear capabilities; or
(e) the purchase, import or transport into the Union of coal and other solid fossil fuels, as listed in Annex XXII until 10 August 2022.

5a.   By way of derogation from paragraph 2, the competent authorities may authorise vessels that have changed their Russian flag or their registration, to the flag or register of any other State prior to 16 April 2022, to access a port or a lock, under such conditions as they deem appropriate, after having determined that:
(a) a Russian flag or registration was required by contract; and
(b) the access is necessary for the unloading of goods strictly necessary for the completion of renewable energy projects in the Union, provided that the import of such goods is not otherwise prohibited under this Regulation.

5b.  By way of derogation from paragraph 2, the competent authorities may authorise, under such conditions as they deem appropriate, a vessel to access a port or lock provided that it:
(a) has flown the Russian Federation flag under a bareboat charter registration initially effected prior to 24 February 2022;
(b) has resumed its right to fly the flag of the underlying Member State registry before 31 January 2023; and
(c) is not owned, chartered, operated or otherwise controlled by a Russian national or any legal person, entity or body incorporated or constituted under the law of the Russian Federation.

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

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Fifth round of sanctions, April 8, 2022

URL courte : https://bit.ly/shtandart-sanction-5e-volet

Source, Conseil de L’Europe : https://www.consilium.europa.eu/fr/press/press-releases/2022/04/08/eu-adopts-fifth-round-of-sanctions-against-russia-over-its-military-aggression-against-ukraine/

Council of the EU, Press release 8 April 2022 10:55

EU adopts fifth round of sanctions against Russia over its military aggression against Ukraine

Short URL : https://bit.ly/shtandart-fifth-package

This document is available in non-EU languages:Russian

In light of Russia’s continuing war of aggression against Ukraine, and the reported atrocities committed by Russian armed forces in Ukraine, the Council decided today to impose a fifth package of economic and individual sanctions against Russia.

The agreed package includes a series of measures intended to reinforce pressure on the Russian government and economy, and to limit the Kremlin’s resources for the aggression.

These latest sanctions were adopted following the atrocities committed by Russian armed forces in Bucha and other places under Russian occupation. The aim of our sanctions is to stop the reckless, inhuman and aggressive behaviour of the Russian troops and make clear to the decision makers in the Kremlin that their illegal aggression comes at a heavy cost.

Josep Borrell, High Representative for Foreign Affairs and Security Policy

The package comprises:

– a prohibition to purchase, import or transfer coal and other solid fossil fuels into the EU if they originate in Russia or are exported from Russia, as from August 2022. Imports of coal into the EU are currently worth EUR 8 billion per year.

– a prohibition to provide access to EU ports to vessels registered under the flag of Russia. Derogations are granted for agricultural and food products, humanitarian aid, and energy.

– a ban on any Russian and Belarusian road transport undertaking preventing them from transporting goods by road within the EU, including in transit. Derogations are nonetheless granted for a number of products, such as pharmaceutical, medical, agricultural and food products, including wheat, and for road transport for humanitarian purposes.

– further export bans, targeting jet fuel and other goods such as quantum computers and advanced semiconductors, high-end electronics, software, sensitive machinery and transportation equipment, and new import bans on products such as: wood, cement, fertilisers, seafood and liquor. The agreed export and import bans only account for EUR 10 billion and EUR 5.5 billion respectively.

– a series of targeted economic measures intended to strengthen existing measures and close loopholes, such as: a general EU ban on participation of Russian companies in public procurement in member states, the exclusion of all financial support to Russian public bodies. an extended prohibition on deposits to crypto-wallets, and on the sale of banknotes and transferrable securities denominated in any official currencies of the EU member states to Russia and Belarus, or to any natural or legal person, entity or body in Russia and Belarus,.

Furthermore, the Council decided to sanction companies whose products or technology have played a role in the invasion, key oligarchs and businesspeople, high-ranking Kremlin officialsproponents of disinformation and information manipulation, systematically spreading the Kremlin’s narrative on Russia’s war aggression in Ukraine, as well as family members of already sanctioned individuals, in order to make sure that EU sanctions are not circumvented.

Moreover a full transaction ban is imposed on four key Russian banks representing 23% of market share in the Russian banking sector. After being de-SWIFTed these banks will now be subject to an asset freeze, thereby being completely cut off from EU markets.

In its conclusions of 24 March 2022, the European Council stated that the Union remains ready to close loopholes and target actual and possible circumvention of the restrictive measures already adopted, as well as to move quickly with further coordinated robust sanctions on Russia and Belarus to effectively thwart Russian abilities to continue the aggression.

Russia’s war of aggression against Ukraine grossly violates international law and is causing massive loss of life and injury to civilians. Russia is directing attacks against the civilian population and is targeting civilian objects, including hospitals, medical facilities, schools and shelters. These war crimes must stop immediately. Those responsible, and their accomplices, will be held to account in accordance with international law. The siege of Mariupol and other Ukrainian cities, and the denial of humanitarian access by Russian military forces are unacceptable. Russian forces must immediately provide for safe pathways to other parts of Ukraine, as well as humanitarian aid to be delivered to Mariupol and other besieged cities.

The European Council demands that Russia immediately stop its military aggression in the territory of Ukraine, immediately and unconditionally withdraw all forces and military equipment from the entire territory of Ukraine, and fully respect Ukraine’s territorial integrity, sovereignty and independence within its internationally recognised borders.

The relevant legal acts will soon be published in the Official Journal.

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Russian frigate bypasses sanctions and heads for Vigo

Short URL : https://bit.ly/Shtandart-vigo-en

On July 10, 2022, Javier H. Rodriguez, from « El Faro de Vigo », showed that he had read the authentic text of the sanctions and exprssed a rational assessment of the situation. His article made the Galician authorities face up to their responsibility. At the end of December 2022, no French media had this courage, nor this professionalism. The pro-Russian network of influence, which promotes Shtandart’ business, the prefecture of Charente-Maritime and the municipality of La Rochelle can continue, with impunity, to be creative while inventing an accommodating fiction of European regulations and while contributing to popularize the tal, if not the farce, of an anti-Putin ship and a political opponent captain of the Kremlin. When media capitulate, even collaborate, it is democracy that is damaged.

Translation of the article : « Una fragata rusa capea las sanciones y se dirige a Vigo » 

The frigate Shtandart, 34.5 meters long and 6.9 meters wide, has been sailing since June in the waters of the Bay of Biscay. Her destination? The port of Vigo. This docking, scheduled for the twenty-second of this month [July 2022], is not anecdotal. In fact, it is rather an anomaly: this ship, flying the Russian flag, managed to circumvent the fifth package of sanctions of the European Union against the post-Soviet space concerning the war in Ukraine. In the fifth sanctions package, the twenty-seven prohibit the entry of Russian ships into European ports with a few exceptions. The decision, signed in April [2022], seems clear and « prohibits access to [EU] ports for vessels registered under the flag of Russia », as it is the case for Shtandart. The legislative text also specifies that this sanction will apply “to all vessels falling within the scope of the international Conventions; any yacht, fifteen meters in length or more, which does not carry cargo or does not carry more than twelve passengers, or pleasure craft or jet skis”. With the exception, of course, of all vessels that require assistance in seeking a place of refuge, an emergency stopover for maritime safety reasons, or to save lives at sea.

Read more…

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Letter to Charente-Maritime county director of “Sud Ouest” publications

Short URL : https://bit.ly/shtandart-sud-ouest-director

To the attention of:
Mr Pierre-Emmanuel Cherpentier,
Charente-Maritime county director of “Sud Ouest” publications
Cc:
Ukraine embassy in France
Association Ukraine-Atlantique
Mrs Victoria Nikolenko
Objet: Full text of the European regulation concerning Russian vessels under sanctions

Nantes, December, 24, 2022

Mr Director,

On December 10 and 11, 2022, your newspaper, « Sud Ouest », reported on the version of the prefecture of Charente-Maritime and the municipality of La Rochelle concerning the sanctions on Russian ships. You have also presented part of what Ukraine-Atlantique Association and #NoShandartInEurope committee say about it. Discourses are opposed.

For the sake of independence and information for your readers, I believe it is necessary to make public Article 3ea of Council regulation (EU) No 833/2014. This text, having the force of law in France, as in the countries of the European Union, takes up, by making it applicable, the 5th package of sanctions adopted unanimously by the Member States of the EU, on April 8, 2022. You will find the details in the appendix to my message. You can check the original by the following link : https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02014R0833-20221007.

In my opinion, if the link is given to readers, it is probably relevant to limit the quote, in your newspaper life, to the following extract:

1. It shall be prohibited to provide access, after 16 April 2022, to ports and, after 29 July 2022, to locks in the territory of the Union, to any vessel registered under the flag of Russia, with the exception of access to locks for the purpose of leaving the territory of the Union.

3.   For the purposes of this Article, with the exception of paragraph 1a, a ‘vessel’ means:
(a) a ship falling within the scope of the relevant international conventions;
(b) a yacht, of 15 metres in length or more, which does not carry cargo and carrying no more than 12 passengers; or
(c) recreational craft or personal watercraft as defined in Directive 2013/53/EU of the European Parliament and of the Council.

Thank you for keping me informed with the follow-up you will give to this recommendation.

Wishing you a merry Christmas and a happy new year, please receive, Mr Director, the expression of my highest consideration.

Bernard Grua,
Spokesperson of #NoSthandartInEurope

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Publié par Bernard Grua

Graduated from Paris "Institut d'Etudes Politiques", financial auditor, photographer, founder and spokesperson of the worldwide movement which opposed to the delivery of Mitral invasion vessels to Putin's Russia, contributor to French and foreign media for culture, heritage and geopolitics.

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