National authorities and economic operators may make use of this guidance based on the text, context and purpose of the aforementioned regulations, to achieve the uniform application of sanctions across the EU.
In reaction to the invasion of Ukraine by Russia, the EU has agreed on a wide range of restrictive measures against Russian individuals and entities in order to cripple Russia’s ability to finance the war and to impose painful costs on Russia’s political elite responsible or otherwise instrumental for the realisation of this unprovoked military attack on its neighbouring nation. Beyond individual asset freezes, travel bans and visa restrictions, these restrictive measures comprise far-reaching trade restrictions in a number of economic sectors, as well as restrictions for activities in the financial sector. In order to facilitate economic operators’ compliance with the restrictive measures, the Commission keeps updating its FAQs and other developed tools.
How should operators assess which areas in the Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts are subject to restrictions? (Chapter D. Trade and Customs, Article 9 Oblast, р. 190)
As amended on 6 October 2022, Council Regulation (EU) No 2022/263 covers all areas of the Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts of Ukraine that are not under the control of the authorities of Ukraine (see Article 1(d)). Considering the fluid situation, a dynamic assessment of this control could be necessary. An up-to-date list of territories temporarily occupied by Russia can be found on the dedicated website maintained by Ukrainian authorities. In case of doubt, EU operators can reach out to their national competent authority.