If you have the Russian nationality and live in the EU, can you participate in European tenders?
The consequence of the new article 5k of the regulation of 8 April 2022 – amending the regulation concerning Rusland sanctions (Council Regulation (EU) No 833/2014) – could be that this is not possible:
(23) the following Articles are inserted:
‘Article 5k
1. It shall be prohibited to award or continue the execution of any public or concession contract falling within the scope of the public procurement Directives, as well as Article 10, paragraphs 1, 3, 6(a) to 6(e), 8, 9 and 10, Articles 11, 12, 13 and 14 of Directive 2014/23/EU, Article 7 and 8, Article 10 (b) to (f) and (h) to (j) of Directive 2014/24/EU, Article 18, Article 21 (b) to (e) and (g) to (i), Articles 29 and 30 of Directive 2014/25/EU and Article 13 (a) to (d), (f) to (h) and (j) of Directive 2009/81/EC, to or with:
(a) a Russian national, or a natural or legal person, entity or body established in Russia; (…)
Curiously, other provisions of the 8 April regulation speak of Russian nationals “residing in Russia“, like in article 5b, paragraphs 1. and 2. and in article 5m, paragraph 1.
In paragraph 3. of article 5b there is an exemption for natural persons having a temporary or permanent residence permit in a Member State, in a country member of the European Economic Area or in Switzerland.
Why is article 5k paragraph 1. different? The wording is different from articles 5b and 5m. Or should we read article 5k meaning the same as articles 5b and 5m?
Is it intended in article 5k to discriminate against Russian nationals (in violation of EU’s own fundamental rights)? Is there anyone who can explain?
More information:
- Council Regulation (EU) 2022/576 of 8 April 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine: general page.
- Consolidated text of 13 April 2022 of the Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine.
- Council Decision (CFSP) 2022/578 of 8 April 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine: general page, EN version
Ellen Timmer - juridische artikelen en berichten 
Hi Ellen, have you in the meantime found a response to your question? Article 5k indeed seems to apply to all Russian nationals, even those with double EU/Russian nationality/permanent residency in an EU member state (unlike for instance in 5b). This seems quite a disproportionate discrimination against Russian nationals. One possibility is that the end of the sentence means that the Russian national also needs to be ‘established in Russia’ in order for the prohibition to apply. How do you interpret this? Many thanks and best regards, Simon
It looks as if the EU deliberately chooses to discriminate everyone with the Russian nationality, read my other blogs on that matter:
# Europa maakt zich schuldig aan nationaliteitsdiscriminatie in sanctieregelgeving | Rusland-sancties
# Europese nationaliteitsdiscriminatie | Rusland-sancties
Read also:
European anti-discrimination proposal without ban on nationality discrimination | FATCA
I have heard from people living in NL a long time and having the Russian nationality and Russian birth place, that they are having major problems with banks and can not go elsewhere. It is the same as what happens to the FATCA-victims (people with the US nationality, ‘US persons’).