Council Regulation (EU) 2022/259 of 23 February 2022 amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
Council Regulation (EU) 2022/259of 23 February 2022amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of UkraineTHE 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 UkraineOJ L 78, 17.3.2014, p. 16.,Having regard to the joint proposal of the High Representative of the Union for Foreign Affairs and Security Policy and of the European Commission,Whereas:(1)Council Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of UkraineCouncil Regulation (EU) No 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 78, 17.3.2014, p. 6). gives effect to restrictive measures provided for in Decision 2014/145/CFSP.(2)On 23 February 2022, the Council adopted Decision (CFSP) 2022/265 amending Decision 2014/145/CFSP and introducing a derogation mechanism for certain operators falling under the assets freeze and the prohibition on making funds and economic resources available to them.(3)Those amendments fall within the scope of the Treaty and therefore regulatory action at the level of the Union is necessary in order to implement them, in particular with a view to ensuring their uniform application in all Member States.(4)Council Regulation (EC) No 269/2014 should therefore be amended accordingly,HAS ADOPTED THIS REGULATION:
Article 1Council Regulation (EU) No 269/2014 is amended as follows:The following Article is inserted after Article 6a:"Article 6b1.By way of derogation from paragraphs 1 and 2, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources belonging to the entities listed under entry numbers 53, 54 and 55 in Annex I, or the making available of certain funds or economic resources to those entities, under such conditions as the competent authorities deem appropriate and after having determined that such funds or economic resources are necessary for the termination by 24 August 2022, of operations, contracts, or other agreements, including correspondent banking relations, concluded with those entities before 23 February 2022.".Article 2This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 23 February 2022.For the CouncilThe PresidentJ.-Y. Le Drian