The European Union has established a legal framework allowing member states to sell Russian oil that was previously seized and confiscated in the course of cracking down on sanctions evasion.
The relevant provision is included in EU Council Regulation No. 2026/1848 of July 23, 2026, which formalized the 21st package of sanctions against Russia. The document states the need to enable national competent authorities to safely dispose of shipments of Russian oil that they seize and confiscate. Disposing of the cargo may include selling it to third parties.
However, the new provision does not grant EU authorities the automatic right to stop any tanker simply because it is transporting oil of Russian origin. First, the state must have legal grounds to detain the vessel and confiscate the cargo—for example, a violation of the sanctions regime, the absence of a valid flag, the provision of false documents, or other violations of European, national, or international law.
The new regulation primarily specifies what authorities may do with the cargo after its lawful confiscation. Once the confiscation procedure is complete, the former owner does not automatically receive the right to the proceeds from the sale of the cargo. However, the regulation does not establish a uniform procedure for distributing the proceeds across all EU countries, nor does it provide for their automatic transfer to Ukraine. Such decisions will depend on national legislation and the specific case.
According to Euractiv, the measure is primarily aimed at cargo from vessels used to circumvent EU oil sanctions. The option to sell the cargo is intended to address a practical problem: confiscated oil must be unloaded, stored, and safely sold, which entails significant costs and environmental risks.
The mechanism is part of the 21st EU sanctions package, adopted on July 23. The package also increases pressure on the Russian oil sector, traders, and the shadow fleet, and suspends the automatic review of the price cap on Russian oil until July 15, 2027.
In practice, the new rule may make it easier for EU member states to take action against vessels suspected of circumventing sanctions. However, each detention and confiscation must have a separate legal basis, and the owners of the vessels and cargo will be able to challenge such decisions in national and international courts.
