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In September 2023, the media reported the decision of the European Commission to prohibit Russians from entering the territory of the European Union in cars registered in the Russian Federation, as well as from bringing with them a wide list of personal belongings. We checked if this is true.
On September 10, an article with the headline “The EU banned Russians from importing personal cars, smartphones and shampoos” appeared on the RBC website. The note states that the European Commission has confirmed the legality of seizing cars from Russians at the land border, regardless of whether the vehicle is imported for personal or commercial purposes. The author also notes that because of this decision, European customs officers will be able to confiscate phones, laptops and cosmetics. The information was widely circulated in the Russian media; they wrote about the ban “Vedomosti", "Arguments and facts", Forbes and other publications. Press Secretary of the President of the Russian Federation Dmitry Peskov named Brussels’ decision is “extraordinary from the point of view of common sense,” and the official representative of the Russian Foreign Ministry Maria Zakharova considered explanations from the European Commission as a manifestation of racism. Following the media and the official reaction, many Telegram channels wrote about the ban: “Ax Live"(2.2 million views at the time of writing this analysis), "Ax 18+" (1.5 million), "Live broadcast"(685,000), "Stalingulag"(161,000), three times posts similar content TV presenter shared on his channel Vladimir Solovyov. According to the TG Stat service, collectively posts about restrictions received more than 20 million views.
The ban on the import of Russian cars and a number of other goods into the European Union is not news. They fall under Regulations EU 833/2014, in force since July 31, 2014, when Brussels imposed sanctions against the Russian Federation due to the annexation of Crimea, and last updated on June 23, 2023. The complete list is contained in Annex XXI to article 3i of the regulations.
The first cases of seizure of vehicles of Russians who came to the EU not to sell a car, but for other reasons, became known in July 2023. All such episodes occurred in Germany. Lawyers explained What happened is that in the German version of Regulation 833/2014 the word Einfuhr is used (it can mean both “import” and “import”), while in the English version the unambiguous word import appears. And although it is known happening, when the car was returned to the owner, the position of the German customs unambiguous: “The import of passenger cars from Russia to the EU is prohibited in accordance with Art. 3i of Regulation 833/2014 establishing the embargo against Russia. In this context, the expression “importation” actually covers any movement of goods or cargo.”
8 September European Commission Directorate General for Financial Stability, Financial Services and Capital Markets Union on its website published an updated version of the document, which contains answers to frequently asked questions about the rules for applying sanctions and importing goods from the sanctions list. The answer to question No. 13 is almost entirely devoted to the import of cars - the relevant section states that “it does not matter whether the use of vehicles is private or commercial” if the vehicles fall under the product code from Annex XXI to Article 3i of the Regulations, are manufactured in Russia or are imported from it. It is noted that this primarily applies to vehicles with Russian license plates and registered in Russia. However, this answer also mentions the entire list of goods prohibited for import by Appendix XXI, which, apparently, was the reason for the appearance of loud headlines in the media.
Commenting on the news, Latvian lawyer Aleksey Eliseev on air The Dozhd TV channel noted that no new rules were introduced, no new restrictions appeared, and the list of sanctioned goods in Appendix XXI was not replenished. And Eliseev and his colleagues from different countries emphasize: the published clarification of the European Commission Directorate for Financial Stability is not a legal act. It cannot be considered as a mandatory rule for the customs services of EU countries, but can be accepted as a recommendation, and the wording proposed in the document regarding cars coincides with the interpretation of the rules by the German customs service.
It remains questionable exactly how practice will develop at the level of EU member states. Estonia is in no hurry to change its own policy, reported in an interview with ERR, the head of the Tax and Customs Department for customs control, Ants Kutti. He stressed that the issue should be discussed with Lithuania, Latvia and Finland in order to develop a common approach. “The important principle is that if we change something, then we act the same at all external land borders,” Kutty said. State Revenue Service of Latvia reported Volna publication that there are no changes at the moment. Finnish customs officers statedthat before making a decision regarding the implementation of the European Commission's recommendations, the current interpretation of the rules will be followed, but additional consultations will be carried out.
As for recent clarifications regarding other imported items (for example, smartphones and shampoos), nothing is explicitly said about them either in the European Commission document or in recent responses from Estonian, Latvian and Finnish customs. At the same time, formally, from January 9, it is prohibited to import tobacco products, cosmetics, detergents, smartphones and other electronics over €750, alcohol, wallets and many other everyday goods from the Russian Federation into the EU territory. On the Russian version of the Estonian customs website used both the word “import” and the word “import”, on English-speaking - both import and the less specific verb to bring (“to bring”). However, Verified did not find any evidence of the seizure of personal property of Russians crossing EU borders, with the exception of cars in Germany.
Russians who crossed the border with Estonia on foot in the summer of 2023 told Verified that they did not encounter particularly close attention to their belongings, including smartphones, smart watches and items of clothing listed on the list of goods prohibited for import and clearly visible to border guards. Customs officers showed greater interest in some travelers who crossed the border in a private car, but none of their property was confiscated either. “They search the car: they ask you to open your bags and suitcases, but when they see personal belongings, they lose interest. They wanted a receipt for the packaged phone (I didn’t have one, they let me through). About the glass lid from the pan they said: let this be the last time, because no glass is allowed. But so far we’ve managed to carry everything,” recalls our interlocutor.
At the same time, Article 3i itself stipulates that it concerns “goods that bring Russia significant income, thereby making possible its actions that destabilize the situation in Ukraine... if they originate from Russia or are exported from Russia.” Considering personal belongings in this capacity does not seem to comply with the basic principles of sanctions legislation - this was confirmed on September 11 in the comments “Novaya Gazeta. Europe" And Deutsche Welle European Commission spokesman Daniel Farry. He said that, unlike cars, other sanctioned goods would not be treated as harshly at the border: “Clothing worn by a person crossing the border is unlikely to be intended to circumvent EU sanctions. This is a completely different situation than with an expensive car, and I think this is taken into account when EU member states apply sanctions.”
Thus, a new clarification of the rules for importing sanctioned goods could theoretically affect the customs rules of a number of EU countries regarding the import of cars with Russian registration, however, the document that RBC and other media drew attention to is not a mandatory legal act. The customs services of Finland and the Baltic countries have not yet introduced any changes. Fears related to the possible seizure of personal belongings are poorly founded: formally, smartphones, suitcases, cosmetics and many other things familiar to travelers have not been allowed to be brought into the EU from Russia for more than eight months, but in reality, there is no interest in them at the borders if these items are for a person’s personal use and are not intended for sale. Although the recently announced position of an official representative of the European Commission implies that the transport of personal belongings should not be considered an attempt to circumvent sanctions, the final decision will likely be taken by the responsible authorities of the EU countries - they have so far shown no enthusiasm for tightening the rules.
Update September 20, 2023
On September 12, after the publication of the analysis, the European Commission published an edited version of the recommendations, which caused a resonance in the media. In updated text it saysthat the responsible national authorities of the EU countries are recommended to focus their attention on the import into the bloc of vehicles produced or purchased in the Russian Federation, regardless of whether they are used for personal or commercial purposes.
“For items that raise minor circumvention concerns, such as hygiene items or clothing worn by a traveler or in their luggage and clearly intended solely for personal use during travel, national responsible authorities should apply prohibited measures in a proportionate and reasonable manner,” the redacted version of the document says.
The authorities of a number of EU countries have taken measures to implement the recommendations of the European Commission. 11 September Lithuania stopped allow vehicles registered in the Russian Federation into their territory, for except transiting to the Kaliningrad region or back. The next day a similar decision accepted Latvian authorities, noting, that the restrictions do not apply to cars already in the country, as well as personal belongings of entering foreigners, unless customs officers determine that these items are planned to be sold in the EU. Estonia accepted similar measures on September 13, having declared compliance with the “principle of reasonableness” when assessing the import of personal items from the sanctions list. At the same time, the head of the country's Ministry of Internal Affairs made a proposal to confiscate cars with Russian license plates already in the country (such a measure has not yet been approved). Finland banned entry of cars with Russian license plates on September 15, but some Cars are still allowed through. From September 17 prohibited entry of vehicles registered in the Russian Federation into the territory of Poland. September 20 about plans to take similar measures announced in Norway (the country is not a member of the EU, but is part of the Schengen area).
Most categorical German customs. “Goods whose import or movement is prohibited under embargo laws may be confiscated,” the agency told the Agency. The response emphasizes that we are talking about any items from the sanctions list that are imported from the Russian Federation or that are of Russian origin. “Checks at customs points aimed at compliance with the embargo are carried out with a risk-based approach,” noted a representative of German customs in comments RBC. The publication concludes that confiscation is possible in selected cases.
At the French Embassy in the Russian Federation, Izvestia newspaper reportedthat the country's authorities do not plan to introduce a ban on the entry into the territory of the republic of cars with Russian license plates.
Since a clearer decision has been made regarding cars, which was supported by some European countries mentioned in the text, the verdict has been changed to "Half-truth". The original version of the analysis before changes are made is available at link.
Cover photo: collage “Checked”
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