Decision 2014/512/CFSP is amended as follows:
(1)
in Article 1aa(3), point (c) is deleted;
(2)
in Article 1d, paragraph 1 is replaced by the following:
‘1. It shall be prohibited to sell transferable securities denominated in any official currency of a Member State issued after 12 April 2022, or denominated in any other currency issued after 6 August 2023, or units in collective investment undertakings providing exposure to such securities, to any Russian national or natural person residing in Russia or any legal person, entity or body established in Russia.’
;
(3)
Article 1h is amended as follows:
(a)
in paragraph 1, the introductory wording is replaced by the following:
‘1. It shall be prohibited to award or continue the execution of any public or concession contract falling within the scope of Directives 2014/23/EU ( *1 ) , 2014/24/EU ( *2 ) , 2014/25/EU ( *3 ) , 2009/81/EC ( *4 ) of the European Parliament and of the Council, as well as Article 10(1), (3), (6) points (a) to (e), (8), (9) and (10), Articles 11, 12, 13 and 14 of Directive 2014/23/EU, Article 7, points (a) to (d), and Article 8, Article 10 points (b) to (f) and (h) to (j) of Directive 2014/24/EU, Article 18, Article 21 points (b) to (e) and (g) to (i), Articles 29 and 30 of Directive 2014/25/EU and Article 13 points (a) to (d), (f) to (h) and (j) of Directive 2009/81/EC, to or with:
( *1 ) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts ( OJ L 94, 28.3.2014, p. 1 )."
( *2 ) Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC ( OJ L 94, 28.3.2014, p. 65 )."
( *3 ) Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC ( OJ L 94, 28.3.2014, p. 243 )."
( *4 ) Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC ( OJ L 216, 20.8.2009, p. 76 ).’;"
(b)
in paragraph 2, point (f) is deleted;
(4)
Article 1k is amended as follows:
(a)
the following paragraph is inserted:
‘9a. By way of derogation from paragraphs 1 and 2, the competent authorities may authorise the provision of services referred to therein, under such conditions as they deem appropriate, after having determined that those services are strictly necessary for the setting-up, certification or evaluation of a firewall which:
(a)
removes the control by a natural or legal person, entity or body listed in the Annex to Decision 2014/145/CFSP, over the assets of a non-listed legal person, entity or body incorporated or constituted under the law of a Member State which is owned or controlled by the former; and
(b)
ensures that no further funds or economic resources accrue to the benefit of that listed natural or legal person, entity or body.’
;
(b)
paragraph 11 is replaced by the following:
‘11. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 9a and 10 within two weeks of the authorisation.’
;
(5)
in Article 3(2), the following point is added:
‘(c)
sell, license or transfer in any other way intellectual property rights or trade secrets as well as grant rights to access or re-use any material or information protected by means of intellectual property rights or constituting trade secrets related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Russia or for use in Russia.’;
(6)
Article 3a is amended as follows:
(a)
the following paragraph is inserted:
‘1a. The transit via the territory of Russia of goods and technology which might contribute to Russia’s military and technological enhancement or to the development of its defence and security sector, exported from the Union, shall be prohibited.’
;
(b)
in paragraph 2, the following point is added:
‘(c)
sell, license or transfer in any other way intellectual property rights or trade secrets as well as grant rights to access or re-use any material or information protected by means of intellectual property rights or constituting trade secrets related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Russia or for use in Russia.’;
(c)
the following paragraph is inserted:
‘3a. The prohibition in paragraph 1a of this Article shall not apply to the transit via the territory of Russia of goods and technology which might contribute to Russia’s military and technological enhancement or to the development of its defence and security sector, as listed in Annex VII to Regulation (EU) No 833/2014, intended for the purposes set out in points (a) to (e) of paragraph 3 of this Article.’
;
(d)
in paragraph 4, the following point is added:
‘(i)
intended for the exclusive use and under the full control of the authorising Member State and in order to fulfil its maintenance obligations in areas which are under a long-term lease agreement between that Member State and the Russian Federation.’;
(e)
the following paragraph is inserted:
‘4a. By way of derogation from paragraph 1a, the competent authorities may authorise the transit via the territory of Russia of goods and technology which might contribute to Russia’s military and technological enhancement or to the development of its defence and security sector, as listed in Annex VII to Regulation (EU) No 833/2014, after having determined that such goods or technology are intended for the purposes set out in points (b), (c), (d), and (h) of paragraph 4 of this Article.’
;
(7)
Article 3aa is amended as follows:
(a)
paragraph 1 is replaced by the following:
‘1. It shall be prohibited to sell, supply, transfer or export, directly or indirectly, firearms, their parts and essential components and ammunition as listed in Annex I to Regulation (EU) No 258/2012 of the European Parliament and of the Council ( *5 ) and certain other firearms and arms, whether or not originating in the Union, to any natural or legal person, entity or body in Russia or for use in Russia.
( *5 ) Regulation (EU) No 258/2012 of the European Parliament and of the Council of 14 March 2012 implementing Article 10 of the United Nations’ Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol), and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition ( OJ L 94, 30.3.2012, p. 1 ).’;"
(b)
in paragraph 2, the following point is added:
‘(c)
sell, license or transfer in any other way intellectual property rights or trade secrets as well as grant rights to access or re-use any material or information protected by means of intellectual property rights or constituting trade secrets related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Russia or for use in Russia.’;
(c)
the following paragraph is added:
‘3. The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.’
;
(8)
in Article 4c(2), the following point is added:
‘(c)
sell, license or transfer in any other way intellectual property rights or trade secrets as well as grant rights to access or re-use any material or information protected by means of intellectual property rights or constituting trade secrets related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Russia or for use in Russia.’;
(9)
Article 4d is amended as follows:
(a)
the following paragraph is inserted:
‘1a. The transit via the territory of Russia of goods and technology suited for use in aviation or the space industry and of jet fuel and fuel additives, exported from the Union, shall be prohibited.’
;
(b)
in paragraph 4, the following point is added:
‘(c)
sell, license or transfer in any other way intellectual property rights or trade secrets as well as grant rights to access or re-use any material or information protected by means of intellectual property rights or constituting trade secrets related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Russia or for use in Russia.’;
(c)
the following paragraphs are inserted:
‘6d. By way of derogation from paragraph 1a of this Article, the competent authorities may authorise the transit via the territory of Russia of goods and technology suited for use in aviation or the space industry, as listed in Annex XI to Regulation (EU) No 833/2014, and of jet fuels and fuel additives as listed in Annex XX to Regulation (EU) No 833/2014, after having determined that such goods or technology are intended for the purposes set out in paragraphs 6a, 6b and 6c of this Article.
6e. By way of derogation from paragraph 1 of this Article, the competent authorities may authorise the sale, supply, transfer or export of the goods listed in Part B of Annex XI to Regulation (EU) No 833/2014, if the goods are intended for the exclusive use and under the full control of the authorising Member State and in order to fulfil its maintenance obligations in areas which are under a long-term lease agreement between that Member State and the Russian Federation.’
;
(10)
in Article 4e, paragraph 5 is replaced by the following:
‘5. Aircraft operators of non-scheduled flights between Russia and the Union, operated directly or via a third country, shall notify prior to their operation, and at least 48 hours in advance, all relevant information concerning the flight to the competent authorities of the Members State of departure or destination.’
;
(11)
in Article 4h(2), the following point is added:
‘(c)
sell, license or transfer in any other way intellectual property rights or trade secrets as well as grant rights to access or re-use any material or information protected by means of intellectual property rights or constituting trade secrets related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Russia or for use in Russia.’;
(12)
in paragraph 5 of Article 4ha, point (e) is deleted;
(13)
the following Articles are inserted:
‘Article 4hb
1. It shall be prohibited, as of 24 July 2023, to provide access to ports and locks in the territory of the Union by any vessel performing ship-to-ship transfers, at any point of the voyage to a Member State’s ports or locks, if the competent authority has reasonable cause to suspect that the vessel is in breach of the prohibitions set out in Article 4o (1) and (2) and Article 4p(1) and (4).
2. A competent authority shall not grant access if a vessel does not notify the competent authority at least 48 hours in advance about a ship-to-ship transfer occurring within the Exclusive Economic Zone of a Member State or within 12 nautical miles from the baseline of that Member State’s coast.
3. Paragraphs 1 and 2 shall not apply in the case of a vessel in need of assistance seeking a place of refuge, of an emergency port call for reasons of maritime safety, or for saving life at sea.
4. By way of derogation from paragraphs 1 and 2, the competent authorities may authorise a vessel to access a port or lock in the territory of the Union, under such conditions as they deem appropriate, after having determined that such access is necessary for humanitarian purposes.
5. Upon refusal of a port access call in accordance with paragraphs 1 and 2, the competent authorities concerned shall immediately inform the other competent authorities of the Member States. The Member State concerned shall inform the other Member States and the Commission without delay.
6. For the purposes of paragraphs 1 and 2, the competent authorities shall use, in addition to any national system and information, the integrated maritime information available in the Union Maritime Information and Exchange System (SafeSeaNet) established in accordance with Directive 2002/59/EC of the European Parliament and of the Council ( *6 ) .
Article 4hc
1. It shall be prohibited, as of 24 July 2023, to provide access to ports and locks in the territory of the Union by any vessel which the competent authority has reasonable cause to suspect of illegally interfering with, switching off or otherwise disabling its shipborne automatic identification system, at any point of the voyage to a Member State’s ports or locks, in breach of SOLAS Regulation V/19, point 2.4, when transporting crude oil or petroleum products subject to the prohibitions set out in Article 4o(1) and (2) and Article 4p(1) and (4).
2. Paragraph 1 shall not apply in the case of a vessel in need of assistance seeking a place of refuge, of an emergency port call for reasons of maritime safety, or for saving life at sea.
3. By way of derogation from paragraph 1, the competent authorities may authorise a vessel to access a port or lock in the territory of the Union, under such conditions as they deem appropriate, after having determined that such access is necessary for humanitarian purposes.
4. Upon refusal of a port access call in accordance with paragraph 1, the competent authorities concerned shall immediately inform the other competent authorities of the Member States. The Member State concerned shall inform the other Member States and the Commission without delay.
5. For the purposes of paragraph 1, the competent authorities shall use, in addition to any national system and information, the integrated maritime information available in the Union Maritime Information and Exchange System (SafeSeaNet) established in accordance with Directive 2002/59/EC.’
( *6 ) Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC ( OJ L 208, 5.8.2002, p. 10 )."
;
(14)
Article 4i is amended as follows:
(a)
in paragraph 1, point (d) is replaced by the following:
‘(d)
to import or purchase, as from 30 September 2023, directly or indirectly, iron and steel products as listed in Annex XVII to Regulation (EU) No 833/2014 when processed in a third country incorporating iron and steel products originating in Russia as listed in Annex XVII to Regulation (EU) No 833/2014; with regard to products listed in Annex XVII to Regulation (EU) No 833/2014 processed in a third country incorporating steel products originating in Russia of CN codes 7207 11, 7207 12 10 or 7224 90, this prohibition shall apply as of 1 April 2024 for CN code 7207 11 and as of 1 October 2024 for CN codes 7207 12 10 and 7224 90;
For the purposes of the application of this point, at the moment of importation, importers shall provide evidence of the country of origin of the iron and steel inputs used for the processing of the product in a third country.’;
(b)
paragraphs 2 and 3 are deleted;
(15)
Article 4j is amended as follows:
(a)
paragraph 2 is replaced by the following:
‘2. It shall be prohibited to:
(a)
provide technical assistance, brokering services or other services related to the goods referred to in paragraph 1 and related to the provision, manufacture, maintenance and use of those goods, directly or indirectly to any natural or legal person, entity or body in Russia or for use in Russia;
(b)
provide financing or financial assistance related to the goods referred to in paragraph 1 for any sale, supply, transfer or export of those goods, or for the provision of related technical assistance, brokering services or other services, directly or indirectly to any natural or legal person, entity or body in Russia or for use in Russia;
(c)
sell, license or transfer in any other way intellectual property rights or trade secrets as well as grant rights to access or re-use any material or information protected by means of intellectual property rights or constituting trade secrets related to the goods referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods, directly or indirectly to any natural or legal person, entity or body in Russia or for use in Russia.’
;
(b)
the following paragraph is inserted:
‘2a. The prohibitions referred to in paragraphs 1 and 2 shall apply to luxury goods insofar as their value exceeds EUR 300 per item, unless otherwise specified.’
;
(c)
the following paragraph is inserted:
‘4a. By way of derogation from paragraphs 1 and 2, the competent authorities may authorise the sale or supply of a vessel falling under CN code 8901 10 00 or 8901 90 00, or the provision, until 31 December 2023, of related technical or financial assistance to a legal person, entity or body in Russia or for use in Russia, under such conditions as they deem appropriate, after having determined that:
(a)
the vessel is physically located in Russia on 24 June 2023 and for use in Russia;
(b)
the vessel has flown the Russian Federation flag under a bareboat charter registration initially effected prior to 24 February 2022;
(c)
the legal person, entity or body in Russia is not a military end user and will not use the vessel for military purposes;
(d)
the sale or supply is not for the benefit of a person, entity or body listed in the Annex to Decision 2014/145/CFSP or subject to the restrictive measures provided for in this Decision.’
;
(d)
paragraph 5 is replaced by the following:
‘5. The Member State concerned shall inform the other Member States and the Commission of any authorisations granted under paragraphs 4 and 4a within two weeks of the authorisation.’
;
(16)
Article 4k is amended as follows:
(a)
paragraphs 3, 3b, 3ba and 3d are deleted;
(b)
the following paragraph is inserted:
‘3e. By way of derogation from paragraphs 1 and 2 of this Article, the competent authorities may authorise the purchase, import or transfer of goods falling under CN codes 7007, 8479, 8481, 8487, 8504, 8517, 8525, 8531, 8536, 8537, 8538, 8542, 8543, 8603 as listed in Annex XXI to Regulation (EU) No 833/2014, or the provision of related technical and financial assistance, under such conditions as they deem appropriate, after having determined that this is necessary for the operation, maintenance or repair of Budapest metro line 3 cars delivered in 2018, in execution of a guarantee provided by Metrowagonmash prior to 24 June 2023.’
;
(17)
Article 4l is deleted;
(18)
Article 4m is amended as follows:
(a)
in paragraph 2, the following point is added:
‘(c)
sell, license or transfer in any other way intellectual property rights or trade secrets as well as grant rights to access or re-use any material or information protected by means of intellectual property rights or constituting trade secrets related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Russia or for use in Russia.’;
(b)
paragraph 3 is replaced by the following:
‘3. With regard to the goods of a value not exceeding EUR 50 000 per unit falling under CN codes 8703 23, 8703 24, 8703 32, 8703 33, 8703 40, 8703 50, 8703 60, 8703 70, 8703 80, 8703 90 or 8903, the prohibitions in paragraphs 1 and 2 shall not apply to the execution until 25 September 2023 of contracts concluded before 24 June 2023, or of ancillary contracts necessary for the execution of such contracts.’
;
(c)
paragraph 3a is replaced by the following:
‘3a. With regard to the goods falling under CN codes 2710 12, 2909 60, 3905 99, 4002 19, 4002 70, 4010 11, 4010 12, 4011 20, 4012 90, 4805 93, 4810 29, 4823 90, 7216 61, 8402 11, 8454 30, 8477 10, 8477 20, 8477 59, 8477 80, 8477 90, 8514 32, 8514 40, 8525 89, 8704 21, 9024 90, 9031 10, 9031 41, 9031 49, 9031 80, 9031 90 or 9406 20, the prohibitions in paragraphs 1 and 2 shall not apply to the execution until 25 September 2023 of contracts concluded before 24 June 2023, or of ancillary contracts necessary for the execution of such contracts.’
;
(d)
paragraph 3b is replaced by the following:
‘3b. With regard to the goods falling under CN codes included for the first time in Annex XXIII to Regulation (EU) No 833/2014 on 24 June 2023 and which are not referred to in paragraphs 3 and 3a of this Article, and with the exception of goods falling under CN codes which were already included in Annex XVIII to that Regulation, the prohibitions in paragraphs 1 and 2 of this Article shall not apply to the execution until 25 September 2023 of contracts concluded before 24 June 2023, or of ancillary contracts necessary for the execution of such contracts.’
;
(e)
paragraph 3c is deleted;
(f)
paragraph 4b is replaced by the following:
‘4b. By way of derogation from paragraphs 1 and 2, the competent authorities may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export of the goods falling under CN chapters 72, 84, 85 and 90 as listed in Annex XXIII to Regulation (EU) No 833/2014, or related technical assistance, brokering services, financing or financial assistance, after having determined that it is strictly necessary for the production of titanium goods required in the aeronautic industry, for which no alternative supply is available.’
;
(g)
paragraph 5b is replaced by the following:
‘5b. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 4a, 4b and 5 within two weeks of the authorisation.’
;
(19)
Article 4n is amended as follows:
(a)
the following paragraph is inserted:
‘1a. The prohibition in paragraph 1 shall apply to the transport of goods within the territory of the Union by road transport undertakings, carried out by means of trailers or semi-trailers registered in Russia, including if those trailers or semi-trailers are hauled by trucks registered in other countries.’
;
(b)
the following paragraph is inserted:
‘3a. The prohibition in paragraph 1a shall not apply until 30 June 2023 to the transport of goods that started before 24 June 2023, provided that the trailer or semi-trailer:
(a)
was already in the territory of the Union on 24 June 2023; or
(b)
needs to transit through the Union in order to be returned to Russia.’
;
(c)
in paragraph 4, the introductory wording is replaced by the following:
‘4. By way of derogation from paragraphs 1 and 1a, the competent authorities of a Member State may authorise the transport of goods by a road transport undertaking established in Russia or any road transport undertaking when the goods are carried out by means of trailers or semi-trailers registered in Russia, including if those trailers or semi-trailers are hauled by trucks registered in other countries, if the competent authorities have determined that such transport is necessary for:’
;
(20)
in Article 4o, the following paragraph is inserted:
‘3a. The exemption in paragraph 3, point (d), shall stop applying to Germany and Poland on 23 June 2023.’
;
(21)
the following Article is inserted:
‘Article 4pa
1. By way of derogation from Articles 3, 3a, 4h and 4m, the competent authorities may authorise the sale, supply, transfer, export or transit through Russia of the goods and technology referred to in those Articles, or the provision of related technical assistance, brokering services or other services, or financing or financial assistance, for the operation and maintenance of the Caspian Pipeline Consortium (CPC) pipelines and associated infrastructure necessary for the transport of goods falling under CN 2709 00 originating in Kazakhstan and which are only being loaded in, departing from or transiting through Russia, under such conditions as they deem appropriate, after having determined that:
(a)
such a sale, supply, transfer, export or transit through Russia or the provision of related technical assistance, brokering services or other services, or financing and financial assistance, is necessary for the operation, essential maintenance, repair or replacement of components of the CPC pipeline and associated infrastructure;
(b)
the type of goods, technologies and assistance requested does not go beyond the type of goods and technology previously exported from, or the assistance previously provided from, the Union, a country member of the European Economic Area, Switzerland or a partner country as listed in Annex VII, to Russia for the operation, essential maintenance, repair or replacement of components of the CPC pipeline and associated infrastructure, and related assistance;
(c)
the requested volumes are commensurate with those used for the operation, essential maintenance, repair or replacement of components of the CPC pipeline and associated infrastructure; and
(d)
such goods and technology will be provided by a natural or legal person subject to Article 13 of Regulation (EU) No 833/2014 exclusively for end use in the operation, essential maintenance, repair or replacement of components of the CPC pipeline and associated infrastructure.
2. By way of derogation from Article 1k, the competent authorities may authorise the provision of auditing services, engineering services, legal advisory services, technical testing and analysis services for the operation and maintenance of the CPC pipelines and associated infrastructure necessary for the transport of goods falling under CN 2709 00 originating in Kazakhstan and which are only being loaded in, departing from or transiting through Russia after having determined that:
(a)
the provision of those services is necessary for the operation, essential maintenance, repair or replacement of components of the CPC pipeline and associated infrastructure; and
(b)
such services are provided by a natural or legal person subject to Article 13 of Regulation (EU) No 833/2014.
3. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 1 and 2 within two weeks of the authorisation.
4. When granting an authorisation under paragraphs 1 and 2, the competent authority shall require the presentation of an end-user certificate and detailed regular reports indicating that no such goods, technology or services were diverted from their intended purpose during the relevant works. It may impose additional conditions, in accordance with paragraph 1.’
;
(22)
Article 4r is amended as follows:
(a)
in paragraph 1, the introductory wording is replaced by the following:
‘By way of derogation from Articles 3, 3a, 4, 4c, 4d, 4g, 4j and 4m, the competent authorities may authorise the sale, supply or transfer of goods and technologies listed in Annexes II, VII, X, XI, XVI, XVIII, XX and XXIII to Regulation (EU) No 833/2014, as well as in Annex I to Regulation (EU) 2021/821, as well as the sale, licensing or transfer in any other way of intellectual property rights or trade secrets as well as granting rights to access or re-use any material or information protected by means of intellectual property rights or constituting trade secrets, related to the goods and technology mentioned above until 31 December 2023, where such sale, supply, or transfer, licensing, granting rights to access or re-use is strictly necessary for the divestment from Russia or the wind-down of business activities in Russia, provided that the following conditions are fulfilled:’;
(b)
the following paragraph is inserted:
‘1a. By way of derogation from Article 4, the competent authorities may authorise the sale, supply or transfer of goods and technologies listed in Annex II to Regulation (EU) No 833/2014 until 31 March 2024, where such sale, supply or transfer is strictly necessary for the divestment from a joint venture incorporated or constituted under the law of a Member State before 24 February 2022, involving a Russian legal person, entity or body, and operating a gas pipeline infrastructure between Russia and third countries.’
;
(c)
in paragraph 2a, the introductory wording is replaced by the following:
‘2a. By way of derogation from Article 1k, the competent authorities may authorise the continuation of the provision of services listed therein until 31 March 2024 where such provision of services is strictly necessary for the divestment from Russia or the wind-down of business activities in Russia, provided that the following conditions are fulfilled:’
;
(d)
the following paragraph is inserted:
‘2b. By way of derogation from Article 1k(2), the competent authorities may authorise the provision, until 31 March 2024, of legal advisory services which are legally required for the completion of a sale or transfer of proprietary rights directly or indirectly owned by legal persons, entities or bodies established in Russia in a legal person, entity or body established in the Union.’
;
(e)
paragraph 3 is replaced by the following:
‘3. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 1, 1a, 2, 2a or 2b within two weeks of the authorisation.’
;
(f)
paragraph 4 is deleted;
(23)
the following Article is inserted:
‘Article 5a
1. It shall be prohibited to sell, supply, transfer or export, directly or indirectly, goods and technology as listed in Annex XIV, whether or not originating in the Union, to any natural or legal person, entity or body in the third country specified in that Annex.
2. It shall be prohibited to:
(a)
provide technical assistance, brokering services or other services related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in the third country specified;
(b)
provide financing or financial assistance related to the goods and technology referred to in paragraph 1 for any sale, supply, transfer or export of those goods and technology, or for the provision of related technical assistance, brokering services or other services, directly or indirectly to any natural or legal person, entity or body in the third country specified;
(c)
sell, license or transfer in any other way intellectual property rights or trade secrets as well as grant rights to access or re-use any material or information protected by means of intellectual property rights or constituting trade secrets related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in the third country specified.
3. Annex XIV shall only include sensitive dual-use goods and technology, or goods and technology that might contribute to the enhancement of Russia’s military, technological or industrial capacities or to the development of Russia’s defence and security sector, in a way that strengthens its ability to wage war, and whose export to Russia is prohibited under this Decision and that present a high and continuous risk of being sold, supplied, transferred or exported from third countries to Russia after being sold, supplied, transferred or exported from the Union. Annex XIV shall specify, for each item of listed goods or technology, the third countries to which the sale, supply, transfer or export is prohibited.
Annex XIV shall only include third countries that have been identified by the Council as having systematically and persistently failed to prevent the sale, supply, transfer or export to Russia of goods and technology, as listed in that Annex, exported from the Union despite the Union’s prior outreach and assistance to the country in question.
4. If the sale, supply, transfer or export of goods or technology listed in Annex XIV to a natural or legal person, entity or body in Russia or for use in Russia is not prohibited under certain exemptions provided for in this Decision, their sale, supply, transfer or export to a natural or legal person, entity or body in the third country specified shall not be prohibited, provided that the same conditions applicable under this Decision for export to Russia or for use in Russia are fulfilled.
5. If the sale, supply, transfer or export of goods or technology listed in Annex XIV to a natural or legal person, entity or body in Russia or for use in Russia can be authorised by the competent authorities in accordance with this Decision, their sale, supply, transfer or export to a natural or legal person, entity or body in the third country specified may be authorised by the competent authorities under the same conditions applicable to derogations for exports to Russia or for use in Russia.’
;
(24)
the Annexes are amended as set out in the Annex to this Decision.
Point 24 shall apply in respect of one or several of the entities referred to in point (3) of the Annex to this Decision as from 1 October 2023 and provided that the Council, having examined the respective cases, so decides by unanimity.