Article 12b · Council Regulation (EU) No 833/2014

Contents

Article 12b #

1.By way of derogation from Articles 2, 2a, 3, 3b, 3c, 3f, 3h and 3k, 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 this Regulation and 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 2027, where such sale, supply, 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:

(a)the goods and technologies are owned by a national of a Member State or by a legal person, entity or body which is incorporated or constituted under the law of a Member State or by legal persons, entities or bodies established in Russia that are owned by, or solely or jointly controlled by, a legal person, entity or body which is incorporated or constituted under the law of a Member State; and

(b)the competent authorities deciding on requests for authorisations have no reasonable grounds to believe that the goods might be for a military end-user or have a military end-use in Russia; and

(c)the concerned goods and technologies were physically located in Russia before the relevant prohibitions in Articles 2, 2a, 3, 3b, 3c, 3f, 3h or 3k entered into force in respect of those goods and technologies.

1a.By way of derogation from Articles 2, 2a, 3 and 3k, the competent authorities may authorise the sale, supply or transfer of goods and technologies listed in Annexes II, VII and XXIII until 31 December 2027, where such sale, supply, transfer or provision, 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, or the provision of technical assistance, brokering services, financing or financial assistance related to such goods and technologies strictly necessary for the operation, essential maintenance, repair or replacement of components of such pipeline and associated infrastructure instrumental to the abovementioned divestment.

2.By way of derogation from Articles 3g and 3i, the competent authorities may authorise the import or transfer of goods listed in Annexes XVII and XXI until 31 December 2027, where such import or transfer is strictly necessary for the divestment from Russia or the wind-down of business activities in Russia, provided that the following conditions are fulfilled:

(a)the goods are owned by a national of a Member State or by a legal person, entity or body which is incorporated or constituted under the law of a Member State or by legal persons, entities or bodies established in Russia that are owned by, or solely or jointly controlled by, a legal person, entity or body which is incorporated or constituted under the law of a Member State; and

(b)the concerned goods were physically located in Russia before the relevant prohibitions in Articles 3g and 3i entered into force in respect of those goods.

2a.By way of derogation from Article 5n, the competent authorities may authorise the continuation of the provision of services listed therein until 31 December 2027 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:

(a)such services are provided to and for the exclusive benefit of the legal persons, entities or bodies resulting from the divestment; and

(b)the competent authorities deciding on requests for authorisations have no reasonable grounds to believe that the services might be provided, directly or indirectly, to the Government of Russia or a military end-user or have a military end-use in Russia.

2b.By way of derogation from Article 5n(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.

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.

4.All authorisations referred to in paragraph 1 with respect to goods and technologies listed in Annex VII as well as in Annex I to Regulation (EU) 2021/821 shall be issued by electronic means, whenever possible, on forms containing at least all the elements of, and in the order provided for in, the model C set out in Annex IX.

Defined terms · 44

Show every defined term

All-terrain vehicles
means any motorised vehicle designed to travel on three or four low pressure (less than 0,9 bar gauge pressure) tires on unpaved surfaces, typically having a seat designed to be straddled by the operator and handlebars for steering control.
brokering services
means:
central securities depository
means a legal person as defined in point 1 of Article 2(1) of Regulation (EU) No 909/2014 of the European Parliament and of the Council;
Common channel signalling
means the transmission of control information (signalling) via a separate channel than that used for the messages.
competent authorities
means the competent authorities of the Member States as identified on the websites listed in Annex I;
consumer communication devices
means devices used by private individuals such as personal computers and peripherals (including hard drives and printers), mobile telephones, smart televisions, memory devices (USB drives), and consumer software for all of these items;
credit institution
means an undertaking, the business of which is to take deposits or other repayable funds from the public and to grant credit for its own account;
credit rating
means an opinion regarding the creditworthiness of an entity, a debt or financial obligation, debt security, preferred share or other financial instrument, or of an issuer of such a debt or financial obligation, debt security, preferred share or other financial instrument, issued using an established and defined ranking system of rating categories;
credit rating activities
means data and information analysis and the evaluation, approval, issuing and review of credit ratings;
critical entities
means entities as defined in Article 2(1) of Directive (EU) 2022/2557 of the European Parliament and of the Council;
critical infrastructure
means infrastructure as defined in Article 2(a) of Council Directive 2008/114/EC and Article 2(4) of Directive (EU) 2022/2557;
crypto-asset
means crypto-asset as defined in Article 3(1), point (5), of Regulation (EU) 2023/1114 of the European Parliament and of the Council;
Data signalling rate
means the rate, as defined in ITU Recommendation 53-36, taking into account that, for non-binary modulation, baud and bit per second are not equal.
deposit
means a credit balance which results from funds left in an account or from temporary situations deriving from normal banking transactions and which a credit institution is required to repay under the legal and contractual conditions applicable, including a fixed-term deposit and a savings deposit, but excluding a credit balance where:
dual-use goods and technology
means the items listed in Annex I to Regulation (EU) 2021/821 of the European Parliament and of the Council;
Dynamic adaptive routing
means Automatic rerouting of traffic based on sensing and analysis of current actual network conditions.
energy sector
means a sector covering the following activities with the exception of civil nuclear related activities, such as the Paks II project:
European critical infrastructure
means infrastructure as defined in Article 2(b) of Directive 2008/114/EC;
financing or financial assistance
means any action, irrespective of the particular means chosen, whereby the person, entity or body concerned, conditionally or unconditionally, disburses or commits to disburse its own funds or economic resources, including but not limited to grants, loans, guarantees, suretyships, bonds, letters of credit, supplier credits, buyer credits, import or export advances and all types of insurance and reinsurance, including export credit insurance;
funds
means financial assets and benefits of every kind, including, but not limited to:
investment services
means the following services and activities:
investor citizenship schemes
(or ‘golden passports’) means the procedures put in place by a Member State, which allow third-country nationals to acquire its nationality in exchange for pre-determined payments and investments;
investor residence schemes
(or ‘golden visas’) means the procedures put in place by a Member State, which allow third-country nationals to obtain a residence permit in a Member State in exchange for pre-determined payments and investments;
major component
includes any assembled element which forms a portion of an “end item” without which the “end item” is inoperable.2.For the purpose of X.A.IV.008, an “end item” is a system, equipment or assembled commodity ready for its intended use.
managed security service
means a managed security service as defined in point (14a) of Article 2 of Regulation (EU) 2019/881 of the European Parliament and of the Council.
Media access unit
means equipment that contains one or more communication interfaces (“network access controller”, “communications channel controller”, modem or computer bus) to connect terminal equipment to a network.
mining and quarrying sector
means a sector covering the location, extraction, management and processing activities relating to non-energy producing materials;
money-market instruments
means those classes of instruments which are normally dealt in on the money market, such as treasury bills, certificates of deposit and commercial papers and excluding instruments of payment;
non-governmental organisation
means a voluntary self-governing body or organisation established to pursue the essentially non-profit-making objectives of its founders or members;
owners or operators of critical infrastructures
means those entities responsible for investments in, and/or day- to-day operation of, a particular asset, system or part thereof designated as critical infrastructure or European critical infrastructure;
partner country
means a country applying a set of export control measures substantially equivalent to those set out in this Regulation, as identified in Annex VIII;
partner country for importation of iron and steel
means a country applying a set of restrictive measures on imports of iron and steel substantially equivalent to those set out in Article 3g, and a set of import control measures substantially equivalent to those set out in that Article, as identified in Annex XXXVI;
partner country for importation of petroleum products
means a country applying a set of restrictive measures on imports of crude oil and petroleum products substantially equivalent to those provided for in Article 3m, as set out in Annex LI;
payment services
means services as defined in Article 4(3) of Directive (EU) 2015/2366 of the European Parliament and of the Council;
public procurement Directives
means Directives 2014/23/EU, 2014/24/EU, 2014/25/EU and 2009/81/EC of the European Parliament and of the Council;
road transport undertaking
means any natural or legal person, entity or body engaged with a commercial purpose in the transport of freight by means of motor vehicles or combinations of vehicles;
Russian air carrier
means an air transport undertaking holding a valid operating licence or equivalent issued by the competent authorities of the Russian Federation;
services directly related to tourism activities
means the following services:
technical assistance
means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services, including verbal forms of assistance;
terminal interface equipment
means equipment at which information enters or leaves the telecommunication system, e.g. telephone, data device, computer, etc.
territory of the Union
means the territories of the Member States to which the Treaty is applicable, under the conditions laid down in the Treaty, including their airspace;
transferable securities
means the following classes of securities, including in the form of crypto-assets, which are negotiable on the capital market, with the exception of instruments of payment:
transshipment operation
means:
vessel
means:

Article 12b#

Article 12b #