The Danish Maritime Authority is the competent authority in relation to providing general guidance on the sanctions against Russia and Belarus with regard to the prohibition on the use of the Russian classification society, the provisions on the sale of tankers, the exemption provisions in relation to pilotage and the prohibition on providing technical assistance for the transport of oil products at sea, including the oil price cap.
The responsibility for providing guidance on other EU sanctions is divided between a number of different authorities. The distribution of competences between the authorities can be found on the website of the Ministry of Foreign Affairs of Denmark.
It should be noted that the Danish Maritime Authority cannot provide specific advice to individual companies on how to comply with the sanctions. In this regard, the Danish Maritime Authority recommends that companies seek legal advice.
OVERVIEW
Since 24 February 2022, the EU has adopted a wide range of regulations imposing severe sanctions against Russia and Belarus. The regulations are binding acts that apply directly to individuals and companies from the day they are published in the Official Journal of the EU. This means that companies, public authorities, private individuals, etc. must comply with the sanctions without the need for separate Danish legislation. Violation of the sanctions may result in a fine or imprisonment.
Companies are referred to the following page (in Danish): Ministry of Foreign affairs: Business guidance
The European Commission also has several relevant FAQs with useful explanations, which can be found here: Consolidated FAQ
BAN ON THE USE OF THE RUSSIAN CLASSIFICATION SOCIETY
The Russian Maritime Register of Shipping is a Recognised Organisation. It has been added to the list of Russian state-owned or state-controlled entities subject to the EU transaction ban (EU Council Regulation 833/2014, Article 5aa)
The Danish Maritime Authority has not authorised the Russian ship register to perform approval tasks and issue certificates on Danish ships.
All certificates issued on behalf of an authority by the Russian Ship Register before 7 October 2022 will be revoked and cancelled by the relevant authority before 8 April 2023.
BAN ON TECHNICAL ASSISTANCE FOR THE TRANSPORT OF OIL TO THIRD COUNTRIES PURCHASED ABOVE THE PRICE CEILING
The oil price cap is set by the European Commission with 90 days' notice, in EU Council Regulation 833/2014, Annex XXVIII.
If oil originating in or exported from Russia is purchased above the applicable oil price cap, there is a ban on providing technical assistance, brokering or financial services related to trade and transport to third countries of Russian oil, including through ship transfers.
Oil originating in or exported from Russia listed in Annex XXV of EU Council Regulation 833/2014 is subject to the prohibition.
It is permitted to provide technical assistance etc. for the transport of Russian oil to third countries if the oil is purchased at a price below the oil price ceiling (EU Council Regulation 833/2014, Article 3n(6)(a)).
However, technical assistance is prohibited already upon the operator's knowledge or reasonable grounds to suspect sales above the price ceiling. (EU Council Regulation 833/2014, Article 3n(7))
If the oil has only been in transit in Russia to third countries, the prohibition does not apply.
If technical assistance is provided to vessels transporting crude oil or petroleum products, it is necessary to have certificates with itemised price information (EU Council Regulation 833/2014, Article 3n(6)). The European Commission recommends keeping the documentation for 5 years.
From 20 February 2024, all companies in the value chain must have access to itemised price information so that the price per barrel may be identified. The price information must be shared by the actors who have access to it, such as traders and charterers. Actors further down the supply chain, such as shipowners and insurance companies, should be able to collect and share specified price information from actors closer to the source of that information as part of their due diligence procedures. Competent authorities can request this information at any time from any actor, regardless of its position in the supply chain, in order to verify compliance with the oil price cap.
You can find more guidance on the oil price cap from the European Commission here:
In relation to the ban on importing Russian oil to the EU, please refer to the website of the Danish Customs Agency.
PILOTAGE
It is in Denmark's interest that all countries' ships use pilots when transiting the straits for reasons of navigational safety and prevention of environmental disasters.
With the EU's 12th sanctions package against Russia, two exceptions were introduced.
For reasons of maritime safety, pilotage services are exempted from the prohibitions in the regulation (EU Council Regulation 833/2014, Article 12d).
Sanctions against persons and entities in Article 2 of the Regulation are exempted for pilotage services, as necessary for reasons of maritime safety (EU Council Regulation 269/2014, Article 6f).
Pilotage companies must continue to exercise due diligence in relation to applicable sanctions and seek legal assistance where necessary.
OTHER AUTHORITIES & INFORMATION