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The European Commission recently (13 July 2022) published further guidance to Member States on the transit of goods from Russia. This is part of regular technical exchanges on the practical implementation of EU restrictive measures, which have been unanimously imposed by the Council, in response to Russia's war of aggression against Ukraine.

This guidance confirms that the transit of sanctioned goods by road with Russian operators is not allowed under the EU measures. No such similar prohibition exists for rail transport, without prejudice to Member States' obligation to perform effective controls. Member States shall check whether transit volumes remain within the historical averages of the last 3 years, in particular reflecting the real demand for essential goods at the destination, and that there are no unusual flows or trade patterns that could give rise to circumvention. The transit of sanctioned military and dual use goods and technology is fully prohibited in any event – regardless of the mode of transport.

The purpose of the text is to specify the applicable rules and recall that Member States are obliged to prevent all possible forms of circumvention of EU restrictive measures. In that light, the Commission underlines the importance of monitoring the two-way trade flows between Russia and Kaliningrad Oblast to ensure that sanctioned goods cannot enter the EU customs territory.

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