L 159 I/8
EN
Official Journal of the European Union
23.6.2023
(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, 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.’; (3)
Article 2aa 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 (*) and firearms and other arms as listed in Annex XXXV to this Regulation, whether or not originating in the Union, to any natural or legal person, entity or body in Russia or for use in Russia.
_____________ (*) 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.’; (4)
in Article 2d, paragraph 1 is replaced by the following: ‘1.
The competent authorities shall exchange information on the application of Articles 2, 2a and 2b with the other Member States and the Commission, including on any authorisation granted or denied and, in the event of suspected forum shopping or other cases as appropriate, on requests for authorisation received.
The competent authorities shall exchange information on the enforcement of Articles 2, 2a and 2b with the other Member States and the Commission, including on related infringements and penalties, as well as best practices of national enforcement authorities and the detection and prosecution of unauthorised exports.
The exchange of information shall be carried out using the electronic system provided pursuant to Article 23(6) of Regulation (EU) 2021/821.’; (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.’;