Article 4 · Council Regulation (EU) No 833/2014

Contents

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1.It shall be prohibited to:

(a)sell, supply, transfer or export, directly or indirectly, the goods and technology listed in the Common Military List of the European Union^note (the ‘Common Military List’), whether or not originating in the Union, to any natural or legal person, entity or body in Russia or for use in Russia;

(b)provide, directly or indirectly:

(i)technical assistance, brokering services or other services related to military activities or to the goods and technology listed in the Common Military List, or related to the provision, manufacture, maintenance and use of goods included in that list, to any natural or legal person, entity or body in Russia or for use in Russia;

(ii)financing or financial assistance related to military activities or to the sale, supply, transfer or export of the goods and technology listed in the Common Military List, or the provision of related technical assistance, brokering services or other services, to any natural or legal person, entity or body in Russia or for use in Russia;

(c)purchase, import or transport, directly or indirectly, the goods and technology listed in the Common Military List into the Union if they originate in Russia or are exported from Russia.

2.The prohibitions in paragraph 1 shall be without prejudice to:

(a)the import, purchase or transport related to:

(i)the provision of spare parts and services necessary for the maintenance and safety of existing capabilities within the Union; or

(ii)the execution of contracts concluded before 1 August 2014, or ancillary contracts necessary for the execution of such contracts; or

(iii)the military forensic analysis of items originating in Russia recovered from Ukraine; or

(b)the sale, supply, transfer or export of, or the provision of related financing or financial assistance, technical assistance, brokering services or other services for, spare parts and services necessary for the maintenance, repair and safety of existing capabilities within the Union.

2a.The prohibitions in paragraph 1 shall not apply to:

(a)the sale, supply, transfer or export, or the provision of related financing or financial assistance, technical assistance, brokering services or other services, and to the import, purchase or transport of hydrazine (CAS 302-01-2) in concentrations of 70 % or more, provided that the amount of hydrazine is calculated in accordance with the launch or launches or the satellites for which it is made, and which does not exceed a total quantity of 800 kg for each individual launch or satellite;

(b)the import, purchase or transport of unsymmetrical dimethyl hydrazine (CAS 57-14-7);

(c)the sale, supply, transfer or export and to the import, purchase or transport of monomethyl hydrazine (CAS 60-34-4), provided that the amount of monomethyl hydrazine is calculated in accordance with the launch or launches or the satellites for which it is made.

insofar as the substances referred to in points (a), (b) and (c) are destined for the use of launchers operated by European launch service providers, for the use of launches of European space programmes, or for the fuelling of satellites by European satellites manufacturers.

2aa.The prohibitions in paragraph 1 shall not apply to the sale, supply, transfer or export, or the provision of related financing or financial assistance, technical assistance, brokering services or other services, and the import, purchase or transport of hydrazine (CAS 302-01-2) in concentrations of 70 % or more destined for:

(a)the tests and flight of the ExoMars descent module in the framework of the ExoMars 2020 mission, in an amount calculated in accordance with the needs of each phase of that mission, which does not exceed a total of 5000 kg for the entire duration of the mission; or

(b)the flight of the ExoMars carrier module in the framework of the ExoMars 2020 mission, in an amount calculated in accordance with the needs of the flight, which does not exceed a total of 300 kg.

2b.The operations referred to in paragraphs 2a and 2aa shall be subject to prior authorisation by the competent authorities.Applicants for authorisation shall supply the competent authorities with all relevant information required.The competent authorities shall inform the Commission of all the authorisations granted.

3.The following shall be subject to an authorisation from the competent authority concerned:

(a)the sale, supply, transfer or export of items listed in Annex II, directly or indirectly, to any natural or legal person, entity or body in Russia, including its Exclusive Economic Zone and Continental Shelf or, if such sale, supply, transfer or export concerns items for use in Russia, including its Exclusive Economic Zone and Continental Shelf, to any person, entity or body in any other State;

(b)the provision of technical assistance, brokering services or other services related to items listed in Annex II and to the provision, manufacture, maintenance and use of those items, directly or indirectly, to any natural or legal person, entity or body in Russia, including its Exclusive Economic Zone and Continental Shelf or, if such assistance concerns items for use in Russia, including its Exclusive Economic Zone and Continental Shelf, to any person, entity or body in any other State;

(c)the provision of financing or financial assistance related to items referred to in Annex II for any sale, supply, transfer or export of those items, or for any provision of related technical assistance, brokering services or other services, directly or indirectly, to any natural or legal person, entity or body in Russia, including its Exclusive Economic Zone and Continental Shelf or, if such assistance concerns items for use in Russia, including its Exclusive Economic Zone and Continental Shelf, to any person, entity or body in any other State.

In duly justified cases of emergency referred to in Article 3(5), the provision of services referred to in this paragraph may proceed without prior authorisation, on condition that the provider notifies the competent authority within five working days of the provision of services.

3a.The prohibitions in paragraph 1 shall not apply to the sale, supply, transfer or export of the goods and technology referred to in paragraph 1b of Article 3k, or to the provision of related financing or financial assistance, technical assistance, brokering services or other services, for non-military use and for a non-military end-user, intended for 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.

3b.By way of derogation from paragraph 1, the competent authorities may authorise, under the conditions they deem appropriate, the sale, supply, transfer or export of the goods and technology listed in paragraph 1b of Article 3k, or the provision of related financing or financial assistance, technical assistance, brokering services or other services, after having determined that such goods or technology or the provision of related financing or financial assistance, technical assistance, brokering services or other services are necessary for:

(a)medical or pharmaceutical purposes, or for humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies, food, or the transfer of humanitarian workers and related assistance or for evacuations;

(b)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;

(c)the establishment, operation, maintenance, fuel supply and retreatment and safety of civil nuclear capabilities, and the continuation of design, construction and commissioning required for the completion of civil nuclear facilities, the supply of precursor material for the production of medical radioisotopes and similar medical applications, or critical technology for environmental radiation monitoring, as well as for civil nuclear cooperation, in particular in the field of research and development; or

(d)the production of titanium goods required in the aeronautic industry, for which no alternative supply is available.

4.Where authorisations are requested pursuant to paragraph 3 of this Article, Article 3, and in particular paragraphs 2 and 5 thereof, shall apply mutatis mutandis.

5.Paragraphs 3a and 3b are without prejudice to the exemptions and derogations laid out in Article 3k, and in particular paragraphs 4a, 5 and 5b thereof.

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