Article 1
Open ↗In Decision (CFSP) 2023/2135, the following articles are inserted: ‘Article 2a 1. It shall be prohibited to purchase, import, or transfer, directly or indirectly, gold if it originates in Sudan and it has been exported from Sudan into the Union or into any third country after 15 July 2026. 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 to the provision, manufacture, maintenance and use of those goods, directly or indirectly in relation to the prohibition set out in paragraph 1; (b) provide financing or financial assistance related to the goods as referred to in paragraph 1 for any purchase, import or transfer of those goods, or for the provision of related technical assistance, brokering services or other services, directly or indirectly in relation to the prohibition set out in paragraph 1. 3. The prohibitions set out in paragraphs 1 and 2 shall not apply to gold which is necessary for the official purposes of diplomatic missions, consular posts or international organisations in Sudan enjoying immunities in accordance with international law. 4. The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article. Article 2b 1. It shall be prohibited to sell, supply, transfer or export, directly or indirectly, certain goods which might be used for gold mining or gold exploitation, whether originating in the Union or not, to any natural or legal person, entity or body in Sudan or for use in Sudan. 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 to the provision, manufacture, maintenance and use of those goods, directly or indirectly to any natural or legal person, entity or body in Sudan or for use in Sudan; (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 Sudan, or for use in Sudan. 3. Without prejudice to the authorisation requirements pursuant to Regulation (EU) 2021/821 of the European Parliament and of the Council ( *1 ) , where applicable, the prohibitions set out in paragraphs 1 and 2 shall not apply to goods intended for humanitarian purposes, public health emergencies, the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or the environment, or as a response to natural disasters. 4. With regard to goods falling under CN code 2837 11, as listed in Annex IV to Council Regulation (EU) 2023/2147 ( *2 ) , and without prejudice to the authorisation requirements pursuant to Regulation (EU) 2021/821, the prohibitions set out in paragraphs 1 and 2 of this Article shall not apply to the execution until 16 January 2027 of contracts concluded before 15 July 2026, or ancillary contracts necessary for the execution of such contracts. 5. The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article. ( *1 ) Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items ( OJ L 206, 11.6.2021, p. 1 , ELI: http://data.europa.eu/eli/reg/2021/821/oj )." ( *2 ) Council Regulation (EU) 2023/2147 of 9 October 2023 concerning restrictive measures in view of activities undermining the stability and political transition of Sudan ( OJ L, 2023/2147, 11.10.2023, ELI: http://data.europa.eu/eli/reg/2023/2147/oj ).’."