German authorities have seized the oil tanker EVENTIN – Is there any legal basis?

The German customs authorities have reportedly seized the oil tanker EVENTIN (the “vessel”), which has been anchored in the Baltic Sea since the beginning of the year. Due to an engine failure, it drifted into German coastal waters and German jurisdiction. This is the first time the German authorities have taken such steps.

The vessel was only recently added to Annex XLII of Regulation EU 833/2014 under the EU's so-called 16th sanctions package of 25 February 2025, because of reported evidence that it had been used to “transport crude oil or petroleum products listed in Annex XXV originating in or exported from Russia, and to engage in irregular and high-risk transport practices”.

Enforcement measures, such as the seizure ("Einziehung") and/or prior attachment ("Beschlagnahme") of assets, are not expressly provided for in the EU sanctions regulations. They generally require a specific legal foundation in the applicable national law. In addition to the rather general rules of the German law on criminal procedure, German authorities can justify seizures within the framework of sanctions violations on special provisions contained in the German Foreign Trade Act (“Außenwirtschaftsgesetz”, “AWG”) and Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code Union Customs Code (“UCC”).

If criminal offences pursuant to Section 17 or Section 18 AWG or administrative offences pursuant to Section 19 AWG (i.e. sanctions violations) have been committed, a court may decide that the objects to which the violation or offence relates and objects that were used or intended to be used for the violation or offence shall be seized (Section 20 AWG). If there is reason to presume that the conditions for the seizure will be met, the relevant objects may be attached in advance to secure the subsequent seizure (Sec. 111b (1) sentence 1 of the German Code of Criminal Procedure) – where applicable, also by the customs authorities (Sec. 21 (4) AWG).

Furthermore, the customs authorities may take the “appropriate measures”, including the seizure and sale or destruction of goods, if goods are transferred into the customs territory of the EU that cannot be released into a customs procedure because they are subject to trade restrictions (Article 198 (1) (d) UCC).

There are strong arguments to suggest that vessels – such as EVENTIN – can legally be seized or previously attached in line with Section 20 AWG if they enter German territorial waters and if it can be established that they were used for illicit operations as outlined in Section 17 et. seq. AWG. These include, in particular, violations of Article 3n of Regulation (EU) No 833/2014, for example the transport of Russian oil if it was traded above the oil price cap.

Furthermore, the cargo of such vessels – namely the so-called “shadow fleet” – in most cases cannot be released into a customs procedure due to existing trade restrictions. In relation to Russian oil, Article 3m of Regulation (EU) No 833/2014 is particularly relevant. Hence, there are good arguments to suggest that the relevant authorities could legally seize the cargo, too (Article 198 (1) (d) UCC).

We will follow with interest the measures that the German authorities will take in the wake of the seizure. It also remains to be seen whether further seizures of ships from the so-called shadow fleet will follow.