Article 1
Open ↗In Regulation (EU) 2022/263, the following articles are inserted: ‘Article 4a 1. The prohibitions set out in Article 4 shall not apply to: (a) the sale, supply, transfer or export of goods or technology listed in Annex II; (b) the provision, directly or indirectly, of technical assistance or brokering services related to goods and technology listed in Annex II or related to the provision, manufacture, maintenance and use of such items; or (c) the provision, directly or indirectly, of financing or financial assistance related to goods and technology listed in Annex II, to any natural or legal person, entity or body in the specified territories or for use in the specified territories by: — public bodies or legal persons, entities or bodies which receive public funding from the Union or Member States, provided that such goods, technology, services and assistance are necessary for exclusively humanitarian purposes in the specified territories; — organisations and agencies which are pillar-assessed by the Union and with which the Union has signed a financial framework partnership agreement on the basis of which the organisations and agencies act as humanitarian partners of the Union, provided that such goods technology, services and assistance are necessary for exclusively humanitarian purposes in the specified territories; — organisations and agencies to which the Union has granted the Humanitarian Partnership Certificate or which are certified or recognised by a Member State in accordance with national procedures, provided that such goods, technology, services and assistance are necessary for exclusively humanitarian purposes in the specified territories; or — Member States’ specialised agencies, provided that such goods, technology, services and assistance are necessary for exclusively humanitarian purposes in the specified territories. 2. By way of derogation from Article 4, in cases not covered by paragraph 1 of this Article, the competent authorities may grant specific or general authorisations, under such general and specific terms and conditions they deem appropriate, for: (a) the sale, supply, transfer or export of goods or technology listed in Annex II; (b) the provision, directly or indirectly, of technical assistance or brokering services related to goods and technology listed in Annex II or related to the provision, manufacture, maintenance and use of such items; or (c) the provision, directly or indirectly, of financing or financial assistance related to goods and technology listed in Annex II, to any natural or legal person, entity or body in the specified territories or for use in the specified territories, provided that such goods, technology, services and assistance are necessary for exclusively humanitarian purposes in the specified territories. 3. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 2 within two weeks of the authorisation. 4. Nothing in this Article shall affect compliance with Council Regulation (EU) No 269/2014 ( *1 ) . Article 5a 1. The prohibitions set out in Article 5(1) shall not apply to the provision of technical assistance, or brokering, construction or engineering services directly relating to infrastructure in the specified territories in the sectors referred to in Article 4(1) as defined on the basis of Annex II, independently of the origin of the goods and technology, by: (a) public bodies or legal persons, entities or bodies which receive public funding from the Union or Member States, provided that such assistance and services are necessary for exclusively humanitarian purposes in the specified territories; (b) organisations and agencies which are pillar-assessed by the Union and with which the Union has signed a financial framework partnership agreement on the basis of which the organisations and agencies act as humanitarian partners of the Union, provided that such assistance and services are necessary for exclusively humanitarian purposes in the specified territories; (c) organisations and agencies to which the Union has granted the Humanitarian Partnership Certificate or which are certified or recognisedby a Member State in accordance with national procedures, provided that such assistance and services are necessary for exclusively humanitarian purposes in the specified territories; or (d) Member States’ specialised agencies, provided that such assistance and services are necessary for exclusively humanitarian purposes in the specified territories. 2. By way of derogation from Article 5(1), in cases not covered by paragraph 1 of this Article, the competent authorities may grant specific or general authorisations, under such general and specific terms and conditions as they deem appropriate, for the provision of technical assistance, or brokering, construction or engineering services directly relating to infrastructure in the specified territories in the sectors referred to in Article 4(1) as defined on the basis of Annex II, independently of the origin of the goods and technology, provided that such assistance and services are necessary for exclusively humanitarian purposes in the specified territories. 3. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 2 within two weeks of the authorisation. 4. Nothing in this Article shall affect compliance with Regulation (EU) No 269/2014.