Following the entry into force of Article 3ma of Council Regulation (EU) No. 833/2014 on 21 January 2026, shipowners and operators face compliance obligations when carrying certain petroleum products into the EU. Members are strongly advised to be aware of their due diligence requirements to ensure they are not in breach of the applicable provisions.

Introduced as part of the EU’s 18th sanctions package (see Notice to Members No. 9 2025/2026), Article 3ma prohibits the purchase, import or transfer into the EU of petroleum products classified under CN code 2710 that have been refined in third countries using Russian-origin crude oil (CN code 2709 00).

The EU has provided further guidance in some FAQs of 29 October 2025.

Scope
The prohibition extends to:
• Direct or indirect import of such products into the EU
• Technical assistance, brokering services, financing and financial assistance related to such products
• Insurance and reinsurance services where goods are destined for the EU market

It is important to note that the prohibition applies only to imports into the EU. It does not affect:
• Trade or transfer entirely between non-EU jurisdictions
• Transit through EU waters
• Vessels seeking a place of refuge
• Bunker fuel required for the vessel’s own operation

High risk areas
The FAQs note that enhanced due diligence should be used where petroleum products are loaded for carriage to the EU from:
• Türkiye, India and China (as jurisdictions identified as significant importers and processors of Russian crude oil)
• Other countries known for mixing crude of various origins during refining
The FAQs unfortunately provide limited guidance on what “enhanced due diligence” in this context entails.

Special considerations for refineries processing Russian crude
Where any refinery processes any quantity of Russian crude segregated or blended with other crudes, additional proof may be required. Three possible scenarios are set out:
• If Russian crude can be segregated and processed separately, import into the EU is allowed subject to proving that the product originated from the non-Russian production line;
• If Russian crude cannot be segregated and processed separately but evidence is provided that no Russian crude has been received and processed in that production line over the past 60 days before the bill of lading date, then import into the EU is allowed;
• If segregation cannot be achieved on technical grounds or cannot be adequately proven, import is prohibited.

Products produced from non-Russian crude but which contain a de minimis amount of Russian oil due to tank heels or ROB are not to be considered as Russian original and fall outside the prohibitions.

Partner country exemption
Products imported from designated partner countries listed in Annex LI to the Regulation are exempt from crude-origin checks. These countries currently include:
• Canada
• Norway
• United Kingdom
• United States of America
• Switzerland
• Australia
• Japan
• New Zealand

Safe-harbour presumption for net-crude exporters
Products imported from countries that were net crude exporters in the previous calendar year are presumed to derive from non-Russian crude. The European Commission publishes an annual list based on IEA data, which importers should consult each calendar year (the next update is on 25 March 2026). A table of net-exporter countries of crude oil for 2024 is shown under FAQ 4.

However, this presumption is not automatic. Competent authorities may rebut it where evidence indicates significant use of Russian crude and may request further documentation. Operators must verify a country’s continued eligibility and remain alert to Commission notices removing countries from the list.

Impacts
Article 3ma introduces significant new compliance obligations for the import of petroleum products into the EU. While the primary responsibility for demonstrating compliance rests with importers and customs authorities, shipowners carrying such products into the EU likewise potentially face sanctions exposure and impacts on the provision of Club cover.

Members are therefore strongly advised to implement robust due diligence procedures for all relevant voyages, including obtaining appropriate documentation before loading and including contractual protections in their commercial arrangements.

Specifically, when loading CN code 2710 products for carriage to the EU from any at-risk state (e.g. Türkiye, India, China), Members are advised to obtain evidence (such as refinery attestation letters and certificates of origin) and preferably before the cargo is loaded, of the origin of the crude from which the products being loaded have been refined.

There is no requirement to provide documentation to the Club unless and until there is a claim but Members should be aware that any claim on a voyage which is in contravention of Article 3ma may result in cover not being available for the whole of the performing voyage.

Members with questions regarding Article 3ma compliance or due diligence requirements should contact the Club for specific guidance on their circumstances.

Members are reminded that cover is not available for any trade that breaches applicable sanctions. Members are advised that they should conduct thorough due diligence on the parties, cargoes, vessels, and other service providers that are or may be involved before they engage in any trade with a high sanctions risk. Finally, Members are reminded to keep records of their due diligence investigations and findings.

Source: West of England