Key Takeaways

  • The measure seeks to close remaining ‘loopholes’ in the EU’s Russian oil embargo and maintain consistency with allied sanctions.
  • The safe-harbour country presumption eases compliance for imports from established crude exporters but can be rebutted by competent Member State authorities.
  • Risk-based due diligence remains essential: importers must be ready to demonstrate non-Russian origin if challenged.
  • Companies should now review supply chains, update contractual clauses, and ensure they can substantiate origin claims in due course.
  • On 15 October 2025, the UK announced intent to impose similar measures in due course.

On 16 October 2025, the European Commission published detailed guidance under Article 3ma of Council Regulation (EU) No. 833/2014 (the “Regulation”) clarifying the scope and operation of the upcoming prohibition on importing CN 2710 product derived from Russian-origin crude into the EU.

The guidance supplements the substantive measures introduced in the EU’s 18th Sanctions Package and is intended to assist market participants in preparing for the restriction taking effect on 21 January 2026. For more information on the sanctions package, read our previous alert: EU-nough Russian Oil – EU’s 18th Sanctions Package. While the Regulation itself establishes the legal prohibition, the new document provides interpretive context on how EU operators, traders, and customs authorities should apply it in practice.

Background and objective

The new Article 3ma restriction reflects the EU’s ongoing effort to close residual routes through which Russian-origin product can reach the EU market indirectly via third-country refineries. Since the EU import ban on Russian crude and petroleum products entered into force in 2023, refined products processed in third countries deriving from Russian crude have continued to be imported into the EU. The measure seeks to maintain alignment with the G7 price-cap architecture and to prevent distortion between EU and UK markets.

Scope of the restriction

From 21 January 2026, EU operators will be prohibited from purchasing, importing or transferring petroleum products listed under CN code 2710 if those products were produced in a third country using Russian-origin crude oil (CN 2709 00).

The restriction also captures the provision of technical assistance, brokering financing or insurance related to such products when the goods are destined for the EU market. In essence, any supply chain in which Russian crude forms part of the upstream feedstock for refined products entering the EU will fall within scope.

Where products are traded or transferred entirely between non-EU jurisdictions, Article 3ma does not apply. In other words, this is an import into the EU only restriction. However, EU operators participating in those transactions are advised to ensure that such activities cannot be construed as indirect re-imports to the EU.

Partner‑country carve‑out

Imports from designated partner countries (Canada, Norway, United States, United Kingdom, and Switzerland) are exempt from crude‑origin checks under Article 3ma. In these cases, importers need not evidence the upstream crude origin to customs.

Safe‑harbour presumption for net-crude exporters

Products imported from countries that were net crude exporters in the previous calendar year are presumed to have derived from non‑Russian crude. Importers should check the most recent EU Commission list in each calendar year. The Commission will publish and update an annual list based on IEA data; there is no specified quarterly timing.

Competent authorities may rebut the presumption where evidence indicates significant use of Russian crude and may request further documentation. The presumption is not automatic; operators must verify eligibility and remain alert to Commission notices removing countries from the list.

Due diligence expectations

The safe‑harbour does not displace an importer’s overarching responsibility to exercise risk‑based diligence – especially given the competent authorities’ ability to request further information. Operators should maintain proportionate procedures to substantiate that products imported into the EU were not refined from Russian crude, including obtaining credible supplier assurances and retaining traceable records.

Enhanced diligence is recommended where supply chains involve jurisdictions with significant Russian crude intake or complex blending or refining systems. Competent authorities may rely on trade‑flow and vessel data and can request evidence at any time. Central to this analysis is a focus on whether refineries from certain non-safe harbour countries can demonstrate physical segregation of Russian and non-Russian crude. Failing that, the remaining avenue would be to obtain evidence that no Russian crude was received or processed in that facility within 60 days prior to loading.

Limited exemptions

Narrow derogations include safety or emergency needs; fuel required for the operation of a vessel or aircraft on its voyage to or from the EU (provided it is not placed on the EU market); and de minimis contamination such as unavoidable tank‑heel residue. These are interpreted strictly and should be contemporaneously documented if relied upon.