What is the legal basis for the EU restrictive measures against Russia?
In the aftermath of the Russian armed attack against Ukraine on 25.02.2022, the EU Council adopted different packages of sanctions against Russia. A comprehensive description of those measures can be found on the website of the EU Council https://www.consilium.europa.eu/en/policies/sanctions/restrictive-measures-ukraine-crisis/
The two key legislative instruments (“Sanctions Regulations”) are:
- Council Regulation (EU) 833/2014: this regulation contains the sectorial measures such as export bans and other aviation measures such as the overflight ban
- Council Regulation (EU) 269/2014: this regulation contains the asset freeze and the prohibition to make any funds or economic resources available to persons and entities that are listed. Please note individuals can be subject to an asset freeze under other Regulations. This can be check in the Financial Sanctions Files: https://webgate.ec.europa.eu/fsd/fsf#!/files
These legislative instruments have been amended many times since the start of the invasion of Ukraine to integrate the new measures. This is done via the so-called “packages”. With respect to aviation the following two packages are most relevant:
- Package no. 1 consisting of: (a) Council Decision (CFSP) 2022/327, amending Council Decision 2014/512/CFSP, and (b) Council Regulation (EU) 2022/328, amending Council Regulation (EU) No 833/2014. Both amending acts were published in the OJ L 49 of 25.02.2022 and contain a comprehensive export ban on goods and technology, including in the aviation sector.
- Package no. 2 consisting of: (a) Council Regulation (EU) 2022/334, also amending Council Regulation (EU) 833/2014, and (b) Council Decision (CFSP) 2022/335, which amends again Decision 2014/512/CFSP. These amending acts were published in the OJ L 77 of 28.02.2022 and in particular ban any Russian air carriers from flying into, over or out of the territory of the European Union.
In addition, Council Regulation (EU) 269/2014 has been amended multiple times by adding new persons and entities to the list of persons, entities, and bodies subject to restrictive measures which have been set out in Annex I to that Regulation.