Sanctions against Russia: Entry into Force of the EU Ban on Petroleum Products Derived from Russian Origin Crude Oil
On 21st January, 2026, Article 3ma of Council Regulation (EU) No. 833/2014 (as amended) (the “Regulation”), enters into force. This introduces an import ban into the EU of petroleum products obtained in third countries that are derived from Russian origin crude oil. The import ban was introduced in the EU’s 18th sanctions package, as per our July, 2025 update. The EU has also issued FAQs, summarised below.
The Article 3ma prohibition
Article 3ma prohibits, from 21st January, 2026, the purchase, import, or transfer, directly or indirectly into the EU, of petroleum products falling under CN code 2710, that are obtained in a third country from Russian origin crude oil falling under CN code 2709. It also prohibits, directly or indirectly: technical assistance, brokering services, financing and financial assistance, and insurance and reinsurance, where these services relate to petroleum products captured by the prohibition. The prohibition is specific to import into the EU and does not affect the import into third countries or transfer by EU operators of such products to third countries, including transit through EU waters. It does not apply to ships seeking a place of refuge, nor to bunker fuel required for the operation of the tanker itself.
Evidence of the country of origin and exemption for partner countries
Article 3ma also states that at the moment of importation, importers must provide evidence of the country of origin of the crude oil used to refine the petroleum product in a third country, unless the product is imported from a ‘partner country’ listed in Annex LI to the Regulation. At present, the partner countries are: Canada, Norway, United Kingdom, United States of America, Switzerland, Australia, Japan, New Zealand.
In terms of the evidence required to determine the country of origin, further guidance has been provided by the EU in its FAQs published on 29th October, 2025 (the “EU FAQs”). They explain that operators should have in place adequate due diligence procedures to ensure that no Russian crude oil was used in the production of petroleum products imported into the EU.
Operators are also expected to provide customs with all relevant information necessary to identify the origin of the crude oil used in the production of petroleum product, including evidence of the country where the oil was extracted, except where imports are from partner countries. There are also different expectations regarding imports from ‘net exporters’ of crude oil, explained further below.
Whilst it is left to operators to determine what specific documents may be required in this regard, such as refinery attestation letters and certificates of origin, the EU FAQs explain that importers may reasonably rely on any documentation providing evidence on the origin of the crude oil from which it has been processed, but should exercise caution if they have reasons to believe that such documentation has been falsified or is otherwise erroneous.
Presumption for “net exporter” countries
Where petroleum products are imported from a third country that was a net exporter of crude oil in the previous calendar year, the EU presumes that the refined product is derived from domestic (non-Russian) crude oil, unless a competent authority has reasonable grounds to believe otherwise. The EU FAQs include a table of net exporter countries of crude oil for 2024, which is subject to change. In these circumstances, it is sufficient that the importer provides evidence of the origin of the petroleum product itself (from the net exporter) without having to provide evidence of the origin of the upstream crude oil. However, a national competent authority may request that importers provide additional evidence.
Enhanced due diligence
The EU FAQs also explain that operators should exercise enhanced due diligence in certain cases, including for example where:
- Shipments come from Türkiye, India or China. This is because they are known importers of Russian crude oil.
- Shipments come from countries which are known for mixing crude of various origins when refining petroleum products.
- Refineries that process any quantity of Russian crude oil, segregated or blended with other crudes.
As to what ‘enhanced due diligence’ entails, this is not clarified in the current EU FAQs, except in relation to refineries that process any quantity of Russian crude oil (explored further below). Absent any further guidance, Members should consider conducting enhanced due diligence sufficient to ensure that the origin of the crude oil used was of non-Russian origin.
If refineries process any Russian crude oil
The EU FAQs provide guidance if a refinery processes any quantity of Russian crude oil, segregated or blended with other crudes. The approach to be taken will depend upon whether any Russian crude oil can be segregated and processed separately. If Russian crude oil cannot be segregated and processed separately, or cannot be adequately proven as such, then no import into the EU is allowed.
Recommendation for contractual protection
The EU FAQs include a recommendation that operators insert a contractual clause with their supplier in the purchase contract of imported products, containing a guarantee (e.g. requesting an attestation of assurance) of non-Russian crude oil origin, to try to give contractual protection if it is subsequently established that Russian crude oil was used for refining of the imported petroleum products. Any such clause would need to be agreed at the latest at the time of the import, purchase or transfer of the relevant petroleum products.
Any parties involved in the transportation of petroleum products into the EU should consider similar contractual provisions.
Further information can be found here:
If Members have any questions in relation to the above issues they are invited to contact the Club for further information.
- Author
- Charlotte Murphy
- Date
- 21/01/2026
