Regulation (EU) No 269/2014 is amended as follows:
(1)
in Article 3(1), the following points are added:
‘(k)
natural or legal persons, entities or bodies that own, control, manage or operate vessels that transport crude oil or petroleum products, originating in Russia or exported from Russia, while practicing irregular and high-risk shipping practices as set out in the International Maritime Organisation General Assembly resolution A.1192(33), or that otherwise provide material, technical or financial support to the operations of such vessels; or
(l)
natural or legal persons, entities or bodies forming part of, supporting, materially or financially, or benefitting from Russia’s military and industrial complex, including by being involved in the development, production or supply of military technology and equipment,’
;
(2)
Article 6a is amended as follows:
(a)
the following paragraph is inserted:
‘1a. By way of derogation from Article 2(2), the competent authorities of a Member State may authorise, under such conditions as they deem appropriate, payments to the entity listed under entry number 265 under heading “B. Entities” in Annex I, for goods and services that can only be provided by that entity and that are necessary for the operation, maintenance or repair of Budapest metro line 3 cars delivered by Metrowagonmash in 2018.’
;
(b)
paragraph 2 is replaced by the following:
‘2. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 1 and 1a, within two weeks of the authorisation.’
;
(3)
Article 6b is amended as follows:
(a)
paragraph 5f is replaced by the following:
‘5f. By way of derogation from Article 2 of this Regulation, the competent authorities of a Member State may, under such conditions as they deem appropriate, authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources to the individuals listed under entry numbers 92, 694, 719, 721, 881 and 920 under the heading “Persons” in Annex I, after having determined that:
(a)
the funds or economic resources are necessary for the sale and transfer by 30 June 2025 of proprietary rights directly or indirectly owned by one of those individuals in a legal person, entity or body established in the Union; and
(b)
the proceeds of such sale and transfer are frozen.’
;
(b)
in paragraph 5h, the introductory wording is replaced by the following:
‘5h. By way of derogation from Article 2 of this Regulation, and provided that the funds concerned were frozen as a result of the involvement of a legal person, entity or body listed in Annex I to this Regulation, or of a legal person owned or controlled by a legal person, entity or body listed in that Annex, acting as intermediary bank during a transfer of those funds to the Union from the Russian Federation, from a third country or from the Union, the competent authorities of a Member State may, under such conditions as they deem appropriate, authorise the release of certain frozen funds, after having determined that the transfer of such funds is:’
;
(c)
in paragraph 5i, the introductory wording is replaced by the following:
‘5i. By way of derogation from Article 2 of this Regulation, and provided that the payment concerned was frozen as a result of a transfer to the Union from the Russian Federation, from a third country or from the Union, initiated through or from a legal person, entity or body listed in Annex I to this Regulation, or through or from a legal person owned or controlled by a legal person, entity or body listed in that Annex, the competent authorities of a Member State may, under such conditions as they deem appropriate, authorise the release of that frozen payment, after having determined that the transfer of that payment is:’
;
(4)
Article 8 is amended as follows:
(a)
the following paragraph is inserted:
‘3a. The Commission may, in consultation with the Member States and on the basis of reciprocity, exchange with the competent authorities of a partner country as listed in Annex VIII to Regulation (EU) No 833/2014 information concerning third-country trade, transactions and operators for the purpose of preventing circumvention of the prohibitions set out in this Regulation, to the extent that it is relevant and necessary for the effective implementation of this Regulation. Where that information contains personal data, the exchange shall be done under the conditions set out in Chapter V of Regulation (EU) 2018/1725 of the European Parliament and of the Council ( *1 ) .
If, on an exceptional basis, the information referred to in the first subparagraph relates to an operator established in a Member State, the Commission shall obtain the agreement of the competent authorities of the Member States concerned before any exchange of that information.
( *1 ) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC ( OJ L 295, 21.11.2018, p. 39 , ELI: http://data.europa.eu/eli/reg/2018/1725/oj).’;"
(b)
paragraph 4 is replaced by the following:
‘4. The competent authorities of the Member States, including enforcement authorities, customs authorities within the meaning of Regulation (EU) No 952/2013 of the European Parliament and of the Council ( *2 ) , competent authorities within the meaning of Regulation (EU) No 575/2013 of the European Parliament and of the Council ( *3 ) , Directive (EU) 2015/849 of the European Parliament and of the Council ( *4 ) and Directive 2014/65/EU of the European Parliament and of the Council ( *5 ) , as well as Financial Intelligence Units as referred to in Directive (EU) 2015/849 , and administrators of official registers wherein natural persons, legal persons, entities and bodies as well as immovable or movable property are registered, shall process and exchange without delay information, including personal data and, if necessary, the information referred to in paragraphs 1 and 1a of this Article, with other competent authorities of their Member State, with competent authorities of other Member States and with the Commission, if such processing and exchange is necessary to carry out the tasks of the processing authority or the receiving authority under this Regulation, in particular when they detect instances of breach, circumvention or attempts at breach or circumvention of the prohibitions set out in this Regulation. This provision is without prejudice to rules regarding the confidentiality of information held by judicial authorities.
( *2 ) Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code ( OJ L 269, 10.10.2013, p. 1 , ELI: http://data.europa.eu/eli/reg/2013/952/oj)."
( *3 ) Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012 ( OJ L 176, 27.6.2013, p. 1 , ELI: http://data.europa.eu/eli/reg/2013/575/oj)."
( *4 ) Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC ( OJ L 141, 5.6.2015, p. 73 , ELI: http://data.europa.eu/eli/dir/2015/849/oj)."
( *5 ) Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU ( OJ L 173, 12.6.2014, p. 349 , ELI: http://data.europa.eu/eli/dir/2014/65/oj).’;"
(5)
the following article is inserted:
‘Article 8a
1. The Commission shall process personal data to the extent necessary for the performance of its tasks pursuant to this Regulation in relation to its contribution to the correct implementation, enforcement and prevention of the circumvention of the measures imposed under this Regulation.
2. The Commission shall process personal data, including special categories of personal data and personal data relating to criminal convictions and offences as defined in Article 10(2) and Article 11 of Regulation (EU) 2018/1725, for the purposes of the identification of the natural or legal persons, entities or bodies that are subject to the restrictive measures provided for in this Regulation, in order to assist the persons referred to in Article 17 of this Regulation in their compliance with this Regulation.’
;
(6)
Article 11a is replaced by the following:
‘Article 11a
Any person referred to in Article 17, point (c) or (d), shall be entitled to recover, in judicial proceedings before the competent courts of a Member State, any direct or indirect damages, including legal costs, incurred by that person, or by a legal person, entity or body that the person referred to in Article 17, point (d), owns or controls, as a consequence of claims lodged with courts in third countries by persons, entities and bodies referred to in Article 11(1), point (a) or (b), in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by the measures imposed under this Regulation, provided that the person concerned does not have effective access to the remedies under the relevant jurisdiction. Such damages may be recovered from the persons, entities or bodies referred to in Article 11(1), point (a) or (b), that lodged the claims with the courts in the third country, or from persons, entities or bodies that own or control those entities or bodies.’
;
(7)
the following article is inserted:
‘Article 11b
Where no court of a Member State has jurisdiction pursuant to other provisions of Union law or of the law of a Member State, a court of a Member State may, on an exceptional basis, hear a claim for damages brought pursuant to Article 11a, provided that the case has a sufficient connection with the Member State of the court seised.’
;
(8)
in Article 12(1), the following point is added:
‘(c)
in respect of detected instances of breach, circumvention and attempts at breach or circumvention of the prohibitions set out in this Regulation, including through the use of crypto-assets.’
;
(9)
the following article is inserted:
‘Article 15a
Natural and legal persons, entities and bodies shall undertake their best efforts to ensure that any legal person, entity or body established outside the Union that they own or control does not participate in activities that undermine the restrictive measures provided for in this Regulation.’
;
(10)
in Article 16a, paragraph 2 is replaced by the following:
‘2. Any document held by the Council, the Commission or the High Representative of the Union for Foreign Affairs and Security Policy (the “High Representative”) for the purpose of ensuring the enforcement of the measures set out in this Regulation, or of preventing the violation or circumvention thereof, shall be subject to professional secrecy and shall enjoy the protection afforded by the rules applicable to the Union institutions. That protection shall also apply to the joint proposals from the High Representative and the Commission for the amendment of this Regulation and to any preparatory documents related to them.
It shall be presumed that the disclosure of any documents or proposals referred to in the first subparagraph would harm the security of the Union or that of one or more of its Member States or the conduct of their international relations.’.