The Council of the EU recently adopted Council Decision (CFTP) 2022/885 and Council Regulation (EU) 2022/880 in order to amend Council Regulation (EU) 269/2014 concerning restrictive measures on those who undermine or threaten the territorial integrity, sovereignty and independence of Ukraine. This action, adopted on June 3, 2022, modifies Ukraine-related sanctions regulations by inserting Article 6c and replacing Article 15, paragraph 1.
Article 6c carves out an exemption from restrictive measures for transactions involving electronic communication services provided by telecommunication operators in the EU if they are necessary to operate, maintain, and secure electronic communications within Russia, Ukraine and the EU, between the EU and Russia/Ukraine, and for data center services within the EU.
Article 15, paragraph 1 now directs EU Member States to establish rules for penalties, including criminal penalties, to effectively combat the infringement of Ukraine-related sanctions and to ensure that its measures are fully implemented. The penalties must be “effective, proportionate and dissuasive” and include appropriate measures for the confiscation of proceeds for such infringements.