Council Decision (CFSP) 2024/1744 of 24 June 2024 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine
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Article 1ac
1 It shall be prohibited to directly or indirectly engage in any transaction with a legal person, entity or body referred to in point (a), (b) or (c) of Article 7(1) of this Decision and that lodged a claim before a Russian court against a natural or a legal person, entity or body referred to in point (c) or (d) of Article 13 of Regulation (EU) No 833/2014 to obtain an injunction, order, relief, judgment or other Court decision pursuant to Article 248 of the Arbitration Procedure Code of the Russian Federation or equivalent Russian legislation, 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 Decision or Decision 2014/145/CFSP, or under Regulations (EU) No 833/2014 or (EU) No 269/2014, as listed in Annex XVII.
2 Unless otherwise prohibited, the prohibition in paragraph 1 shall not apply to transactions that are: (a) necessary for the purchase, import or transport of pharmaceutical, medical or agricultural and food products, including wheat and fertilisers, whose purchase, import and transport is allowed under this Decision or Regulation (EU) No 833/2014; (b) strictly necessary to ensure access to judicial, administrative or arbitral proceedings in a Member State, as well as for the recognition or enforcement of a judgment or an arbitration award rendered in a Member State, provided that such transactions are consistent with the objectives of this Decision or Decision 2014/145/CFSP, or of Regulations (EU) No 833/2014 or (EU) No 269/2014; (c) without prejudice to point (b) of this paragraph, strictly necessary to recover damages caused to any person referred to in point (c) or (d) of Article 13 of Regulation (EU) No 833/2014, in connection either with a contract or a transaction the performance of which was affected by the measures imposed under this Decision, and with the illegitimate temporary management imposed by Russia when targeting properties of foreign persons, located on the territory of the Russian Federation pursuant to Regulation (EU) No 833/2014 or Regulation (EU) No 269/2014.
Article 1ad
1 It shall be prohibited, as from 25 June 2024 for legal persons, entities or bodies established in the Union and operating outside of Russia to directly connect to the System for Transfer of Financial Messages (SPFS) of the Central Bank of Russia or equivalent specialised financial messaging services set up by the Central Bank of Russia.
2 It shall be prohibited to engage, directly or indirectly, in any transaction with a legal person, entity or body established outside Russia as listed in Annex XVIII. Annex XVIII shall include the legal persons, entities or bodies established outside Russia that use the SPFS of the Central Bank of Russia or equivalent specialised financial messaging services set up by the Central Bank of Russia or the Russian State and that, by such use, (i) increase Russia’s financial resilience and (ii) support the circumvention of the prohibitions in this Decision and Decision 2014/145/CFSP, and in Regulations (EU) No 833/2014 and (EU) No 269/2014.
3 The prohibitions in paragraphs 1 and 2 shall not apply to the execution until 26 September 2024 of contracts concluded with a legal person, entity or body listed in Annex XVIII before 24 March 2024, or of ancillary contracts necessary for the execution of such contracts.
4 The prohibitions in paragraphs 1 and 2 shall not apply to the reception of payments due by a legal person, entity or body listed in Annex XVIII pursuant to contracts performed before 24 March 2024.
5 The prohibition in paragraph 1 shall not apply to transactions that are: (a) strictly necessary for the direct or indirect purchase, import or transport of natural gas, titanium, aluminium, copper, nickel, palladium and iron ore from or through Russia into the Union, a country member of the European Economic Area, Switzerland, or the Western Balkans; (b) strictly necessary for the direct or indirect purchase, import or transport of oil, including refined petroleum products, from or through Russia, unless prohibited under Article 4o or 4p; (c) necessary for the purchase as well as import and transport into the Union of pharmaceutical, medical or agricultural and food products, including wheat and fertilisers, whose purchase, as well as import and transport into the Union, is allowed under this Decision; (d) necessary for the repayment of a debt due to a national of a Member State or a legal person, entity or body established in the Union; (e) necessary for the payment of a pension scheme to a person established in the Union; or (f) necessary for a payment from or to the Jewish Claims conference.
6 The prohibition in paragraph 2 shall not apply to transactions that are: (a) necessary for the purchase, export, supply, sale, transfer or transport of pharmaceutical, medical or agricultural and food products, including wheat and fertilisers, whose purchase, export, supply, sale, transfer or transport is allowed under this Decision and is necessary for addressing food security in third countries; (b) strictly necessary to ensure access to judicial, administrative or arbitral proceedings in a Member State, as well as for the recognition or enforcement of a judgment or an arbitration award rendered in a Member State, provided that such transactions are consistent with the objectives of this Decision and Decision 2014/145/CFSP, and of Regulations (EU) No 833/2014 and (EU) No 269/2014; (c) necessary 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; (d) necessary for the repayment of a debt due to a national of a Member State or a legal person, entity or body established in the Union; (e) dependent on the involvement of a legal person, entity or body listed in Annex XVIII to this Decision to provide correspondent banking services; or (f) necessary for effecting payment by a national of a Member State or a legal person, entity or body established in the Union under a loan agreement concluded by a Member State.
Article 1ae
1 It shall be prohibited to directly or indirectly engage in any transaction with: (a) a legal person, entity or body established outside of the Union that is a credit or financial institution or an entity providing crypto assets services involved in transactions that facilitate, directly or indirectly, the export, sale, supply, transfer or transport to Russia of dual-use goods and technology, goods or technology as listed in Annexes VII, XI, XX and XXXV to Regulation (EU) No 833/2014, common high priority items as listed in Annex XL to Regulation (EU) No 833/2014, and firearms and ammunition as listed in Annex I to Regulation (EU) No 258/2012, as listed in Annex XIX to this Decision; or (b) a legal person, entity or body acting on behalf or at the direction of an entity referred to in point (a) of this paragraph.
2 The prohibition in paragraph 1 shall not apply to transactions that are: (a) necessary for the export, sale, supply, transfer or transport of pharmaceutical, medical or agricultural and food products, including wheat and fertilisers, whose export, sale, supply, transfer or transport to Russia is allowed under this Decision and under Regulation (EU) No 833/2014; (b) strictly necessary to ensure access to judicial, administrative or arbitral proceedings in a Member State, as well as for the recognition or enforcement of a judgment or an arbitration award rendered in a Member State, provided that such transactions are consistent with the objectives of this Decision, Decision 2014/145/CFSP, Regulation (EU) No 833/2014 and Regulation (EU) 269/2014; or (c) necessary 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.’
Article 1o
1 Intellectual property offices and other competent institutions constituted under the law of a Member State or the Union shall not accept: (a) new applications for registration of trademarks, patents, industrial designs, utility models, protected designations of origin, and geographical indications filed by Russian nationals or natural persons residing in Russia, or by legal persons, entities or bodies established in Russia, including if jointly filed by a Russian national or natural persons residing in Russia, legal persons, entities or bodies established in Russia with one or more non-Russian natural or legal person resident or established outside of Russia. (b) any requests or submission filed by Russian nationals or natural persons residing in Russia, or by legal persons, entities or bodies established in Russia during the registration procedures before such intellectual property offices related to any of the intellectual property rights referred to in point (a).
2 Member States, in their capacity as Contracting States to the Convention on the Grant of European Patents of 5 October 1973, as revised on 17 December 1991 and on 29 November 2000 (the “EPC”) and in fulfilling their international obligations undertaken in the EPC, shall use best efforts to ensure that the European Patent Office refuses requests for unitary effect within the meaning of Regulation (EU) No 1257/2012 of the European Parliament and of the Council that are filed by Russian nationals or natural persons residing in Russia, or by legal persons, entities or bodies established in Russia, including if jointly filed by a Russian national or natural persons residing in Russia, legal persons, entities or bodies established in Russia with one or more non-Russian natural or legal person resident or established outside of Russia.
3 Member States in their capacity as Contracting States to the EPC and in fulfilling their international obligations undertaken in the EPC shall use best efforts to ensure that the European Patent Office does not accept new applications for registration of European patent applications that are filed by Russian nationals or natural persons residing in Russia, or by legal persons, entities or bodies established in Russia, including if jointly filed by a Russian national or natural persons residing in Russia, legal persons, entities or bodies established in Russia with one or more non-Russian natural or legal person resident or established outside of Russia.
4 Member States and, where applicable, the Union, when acting under the Convention Establishing the World Intellectual Property Organisation of 14 July 1967 and as amended on 28 September 1979 (WIPO) shall use best efforts to ensure that WIPO or intellectual property offices constituted under the law of a Member State or the Union, or the European Patent Office, do not accept new applications for such rights by any Russian nationals or natural persons residing in Russia, or by legal persons, entities or bodies established in Russia, including if jointly filed by a Russian national or natural persons residing in Russia, legal persons, entities or bodies established in Russia with one or more non-Russian natural or legal person resident or established outside of Russia.
5 Paragraphs 1 to 4 shall not apply to nationals of a Member State, of a country member of the European Economic Area or of Switzerland, or to natural persons having a temporary or permanent residence permit in a Member State, in a country member of the European Economic Area or in Switzerland.
Article 1p
1 It shall be prohibited to accept donations, economic benefits or support, including financing and financial assistance, directly or indirectly, from: (a) the Government of Russia; (b) a legal person, entity or body established in Russia that is publicly controlled or with over 50 % public ownership; (c) a legal person, entity or body established outside the Union whose proprietary rights are directly or indirectly owned for more than 50 % by an entity referred to in point (a) or (b); or (d) a natural or legal person, entity or body acting on behalf or at the direction of an entity referred to in point (a), (b) or (c).
2 Paragraph 1 shall only apply to: (a) European political parties and European political foundations, as defined in Regulation (EU) No 1141/2014 of the European Parliament and of the Council ; (b) political parties and political alliances, as defined in Regulation (EU) No 1141/2014, without prejudice to the fundamental principles of constitutional nature, as applied in the Member States, governing the functioning of such political parties and alliances; (c) non-governmental organisations established or registered in accordance with the law of a Member State; and (d) media service providers, as defined in Regulation (EU) 2024/1083 of the European Parliament and of the Council , established in a Member State, without prejudice to fundamental principles of constitutional nature, as applied in the Member States, related to freedom of the press and freedom of expression.
3 By way of derogation from paragraph 1, the competent authorities may authorise, under such conditions as they deem appropriate, the acceptance of donations, economic benefits or support, including financing and financial assistance by the entities referred to in points (c) and (d) of paragraph 2, provided that such acceptance would in no way interfere with the democratic processes in the Union or undermine its democratic foundations, including through influence campaigns and the promotion of disinformation, aimed at undermining the territorial integrity, sovereignty and independence of Ukraine and through propaganda actions in support of Russia’s military aggression against Ukraine.
4 The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 3 within two weeks of the authorisation.
Article 4w
1 It shall be prohibited to provide reloading services in the territory of the Union for the purposes of transshipment operations of liquified natural gas falling under CN code 2711 11 00, originating in Russia or exported from Russia.
2 It shall be prohibited to provide, directly or indirectly, technical assistance, brokering services, financing or financial assistance related to the prohibition in paragraph 1.
3 By way of derogation from the prohibitions in paragraphs 1 and 2, the competent authorities may authorise reloading services for the purposes of transshipment operations of liquified natural gas falling under CN code 2711 11 00, originating in Russia or exported from Russia, if such reloading is necessary for its transport to a Member State and such Member State has confirmed that the transshipment is used to ensure the energy supply in that Member State.
4 In order to ensure compliance with the prohibitions in paragraphs 1 and 2, the competent authorities may establish rules and guidance at national level. Such rules and guidance shall include enhanced due diligence requirements in particular for the identification of reloading services provided for the purpose of transhipment operations, taking into account specificities of the national regulatory framework applicable to liquified natural gas facilities, previous business practices of shippers, the time between the unloading and reloading, indications of direct commercial connections between the unloading and reloading, including the purchase of new unloading and reloading services in bundle, and the country of registration of the economic operators involved.
5 The competent authorities shall inform the Commission, at the latest by 26 December 2024, of the rules and guidance established under this paragraph or that they do not intend to establish such rules.
6 The prohibitions in paragraphs 1 and 2 shall not apply until 26 March 2025 for the execution of contracts concluded before 25 June 2024.
7 Legal persons performing unloading operations of liquified natural gas falling under CN code 2711 11 00, originating in Russia or exported from Russia, shall inform by 26 July 2024 and every month thereafter the competent authority of the Member State where they are located of all unloading operations and imports into the Union of liquified natural gas, falling under CN code 2711 11 00, originating in Russia or exported from Russia. The reporting shall include information on volumes. The Member State concerned shall provide the Commission with the information received.
8 Paragraph 2 shall not apply in the case of a vessel in need of assistance seeking a place of refuge, of an emergency port call for reasons of maritime safety, or for saving life at sea or for 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.
9 The prohibitions in paragraphs 1 and 2 shall not apply to reloading services necessary for the bunkering of liquified natural gas fuelled vessels.
10 The Commission shall monitor liquefied natural gas flows, markets and prices, Union competitiveness, and the share of Russian liquefied natural gas imports in the total energy imports of the Union. It shall report to the Council in the event of any important developments linked to the prohibitions in paragraphs 1 and 2, and at the latest by 26 June 2025. The Council shall take those reports into account for the review of the restrictive measures.
11 In the event of important developments linked to the prohibitions in paragraphs 1 and 2, affecting liquefied natural gas flows, markets, prices, Union competitiveness or the share of Russian liquefied natural gas imports in the total energy imports of the Union, the Commission shall propose mitigating measures to the Council, accompanied by an assessment of their impact.
Article 4x
1 In relation to any vessel listed in Annex XVI, it shall be prohibited to, directly or indirectly: (a) provide access to ports, anchorage zones and locks in the territory of the Union, and for such a vessel to access them; (b) import into the Union, purchase or transfer such a vessel; (c) sell, supply, including charter, or export such a vessel; (d) operate or crew such a vessel; (e) provide flag registration for the benefit of such a vessel; (f) provide financing and financial assistance, including insurance, as well as brokering services, including ship brokering; (g) provide technical assistance and other services including bunkering, ship supply services, crew changes services, cargo loading and discharge services, fendering and tug services to the benefit of such a vessel; and (h) engage in ship-to-ship transfers or any other transfer of cargo with, or procure any services from, such a vessel.
2 Annex XVI shall include vessels that: (a) transport goods and technology used in the defence and security sector, from or to Russia, for use in Russia or for Russia’s warfare in Ukraine; (b) transport crude oil or petroleum products, as listed in Annex XXV to Regulation (EU) No 833/2014, that originate in Russia or are 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); (c) are operated in such a way as to contribute or support actions or policies for the exploitation, development or expansion of the energy sector in Russia, including energy infrastructure; (d) are operated in such a way as to contribute or support actions or policies which undermine or threaten the economic subsistence or food security of Ukraine, such as the transport of stolen Ukrainian grain, or the preservation of cultural heritage of Ukraine, such as the transport of stolen Ukrainian cultural goods; (e) transport goods originating in or exported from the Union listed in Annexes XI, XX and XXIII to Regulation (EU) No 833/2014, or goods originating in Russia or exported from Russia and imported into the Union listed in Annex XXI to Regulation (EU) No 833/2014 and thereby enabling Russia’s actions destabilising the situation in Ukraine; (f) are operated in such a way as to facilitate or engage in the violation or circumvention or otherwise significantly frustrate the provisions of this Decision or of Decisions 2014/145/CFSP, 2014/386/CFSP or (CFSP) 2022/266, or of Regulations (EU) No 833/2014, (EU) No 269/2014, (EU) No 692/2014 or (EU) 2022/263; or (g) are owned, chartered or operated by natural or legal persons, entities or bodies listed in the Annex to Decision 2014/145/CFSP and in Annex I to Regulation (EU) No 269/2014, are otherwise used in the name of, on behalf of, in relation with or for the benefit of such persons.
3 Paragraph 1 shall not apply in the case of a vessel, as listed in Annex XVI, in need of assistance seeking a place of refuge, of an emergency port call for reasons of maritime safety, or for saving life at sea, or for humanitarian purposes, or for 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, or for the recognition or enforcement of a judgment or an arbitration award rendered in a Member State.
4 By way of derogation from points (a) and (g) of paragraph 1, the competent authorities of an island Member State may authorise a vessel listed in Annex XVI under paragraph 2(e), to access ports and anchorage zones, and receive services under paragraph 1(g) under such conditions as they deem appropriate, after having determined that: (a) the goods are strictly necessary to satisfy basic needs of that Member State; and (b) the import of such goods is not otherwise prohibited under this Decision or Regulation (EU) No 833/2014.
5 The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 4 within two weeks of the authorisation.
Article 4y
1 It shall be prohibited to sell, supply, transfer, or export, directly or indirectly, goods and technology and to provide, directly or indirectly, services to any natural or legal person, entity or body in Russia when such goods, technology and services are for the completion of liquefied natural gas projects, such as terminals and plants.
2 It shall be prohibited to: (a) provide, directly or indirectly, technical assistance or brokering services related to goods, technology and services in Russia when such goods, technology and services are intended for the completion of such liquefied natural gas projects; (b) provide, directly or indirectly, financing or financial assistance related to goods, technology and services in Russia when such goods, technology and services are intended for the completion of such liquefied natural gas projects.
3 The prohibitions in paragraphs 1 and 2 shall be without prejudice to the execution until 26 September 2024 of contracts concluded before 25 June 2024, or ancillary contracts necessary for the execution of such contracts.
Article 4z
1 It shall be prohibited to purchase, import or transfer, directly or indirectly, liquified natural gas falling under CN code 2711 11 00, originating in Russia or exported from Russia, through liquefied natural gas terminals in the Union that are not connected to the interconnected natural gas system.
2 It shall be prohibited to provide, directly or indirectly, technical assistance, brokering services, financing or financial assistance or any other services related to the prohibition in paragraph 1.
3 The prohibitions in paragraphs 1 and 2 shall not apply until 26 July 2024 to contracts concluded before 25 June 2024, or ancillary contracts necessary for the execution of such contracts.
4 The prohibitions in paragraphs 1 and 2 shall not affect the supply of liquefied natural gas of Russian origin from the mainland of a Member State to its outermost regions.
Article 4za
1 It shall be prohibited to purchase, import, transfer, sell, supply or export, directly or indirectly, Ukrainian cultural property goods and other goods of archaeological, historical, cultural, rare scientific or religious importance, where there are reasonable grounds to suspect that the goods have been removed from Ukraine without the consent of their legitimate owner or have been removed in breach of Ukrainian law or international law, in particular if the goods form an integral part of the public collections listed in the inventories of the conservation collections of Ukrainian museums, archives or libraries, or of the inventories of Ukrainian religious institutions.
2 It shall be prohibited to provide, directly or indirectly, technical assistance, brokering services, financing or financial assistance or any other services related to the prohibition in paragraph 1.
3 The prohibition in paragraphs 1 and 2 shall not apply if it is demonstrated that: (a) the goods were exported from Ukraine prior to 1 March 2014; or (b) the goods are being safely returned to their legitimate owners in Ukraine.’
Article 5b
1 When selling, supplying, transferring or exporting to a third country, with the exception of partner countries listed in Annex VII to this Decision, goods or technology as listed in Annexes XI, XX and XXXV to Regulation (EU) No 833/2014, common high priority items as listed in Annex XL to Regulation (EU) No 833/2014, or firearms and ammunition as listed in Annex I to Regulation (EU) No 258/2012, exporters shall, as of 20 March 2024, contractually prohibit re-exportation to Russia and re-exportation for use in Russia.
2 Paragraph 1 shall not apply to: (a) the execution of contracts relating to goods falling under CN codes 8457 10, 8458 11, 8458 91, 8459 61, 8466 93, as listed in Annex XL to Regulation (EU) No 833/2014; (b) the execution of contracts concluded before 19 December 2023 and relating to goods other than those referred to in point (a), until 1 January 2025 or until their expiry date, whichever is earlier.
2a Paragraph 1 shall not apply to public contracts concluded with a public authority in a third country or with an international organisation.
2b Exporters shall inform the competent authority of the Member State where they are resident or established of any public contract they concluded that benefited from the exemption under paragraph 2a, within 2 weeks of its conclusion. The Member State concerned shall inform the other Member States and the Commission of any information received under this paragraph within 2 weeks of its receipt.
3 In application of paragraph 1, exporters shall ensure that the agreement with the third-country counterpart contains adequate remedies in the event of a breach of a contractual obligation concluded in accordance with paragraph 1.
4 If the third-country counterpart breaches any of the contractual obligations concluded in accordance with paragraph 1, exporters shall inform the competent authority of the Member State where they are resident or established as soon as they become aware of the breach.
5 Member States shall inform each other and the Commission of detected instances of a breach or circumvention of a contractual obligation concluded in accordance with paragraph 1.’
Article 5ba
1 When selling, licensing or transferring in any other way intellectual property rights or trade secrets as well as granting rights to access or re-use any material or information protected by intellectual property rights or protected as trade secret related to the common high priority items as listed in Annex XL to Regulation (EU) No 833/2014, natural and legal persons, entities and bodies shall, as of 26 December 2024, contractually prohibit their third-country counterparts, and require them to prohibit possible sublicensees of such intellectual property rights or trade secret, from using such intellectual property rights, trade secrets or other information in connection with common high priority items as listed in Annex XL to Regulation (EU) No 833/2014 that are intended for sale, supply, transfer or export, directly or indirectly, to Russia or for use in Russia.
2 Paragraph 1 shall not apply to the execution of contracts concluded before 25 June 2024 until 26 June 2025 or until their expiry date, whichever is earlier.
3 In application of paragraph 1, natural and legal persons, entities and bodies shall ensure that the agreement with the third-country counterpart contains adequate remedies in the event of a breach of a contractual obligation concluded in accordance with paragraph 1.
4 If the third-country counterpart breaches any of the contractual obligations concluded in accordance with paragraph 1, natural and legal persons, entities and bodies shall inform the competent authority of the Member State where they are resident or established as soon as they become aware of the breach.
5 Member States shall inform each other and the Commission of detected instances of a breach or circumvention of a contractual obligation concluded in accordance with paragraph 1.
Article 5bb
1 Natural and legal persons, entities and bodies that sell, supply, transfer or export common high priority items as listed in Annex XL to Regulation (EU) No 833/2014 shall, as of 26 December 2024: (a) take appropriate steps, proportionately to their nature and size, to identify and assess the risks of exportation to Russia and exportation for use in Russia for such goods or technology, and ensure that those risk assessments are documented and kept up-to-date; (b) implement appropriate policies, controls and procedures, proportionately to their nature and size, to mitigate and manage effectively the risks of exportation to Russia and exportation for use in Russia for such goods or technology, whether those risks were identified at their level or at the level of the Member State or of the Union.
2 Paragraph 1 shall not apply to natural and legal persons, entities and bodies that sell, supply or transfer common high priority items as listed in Annex XL to Regulation (EU) No 833/2014 only within the Union or to partner countries listed in Annex VII to this Decision.
3 Natural and legal persons, entities and bodies shall, as of 26 September 2024, ensure that any legal person, entity or body established outside the Union that they own or control and that sells, supplies, transfers or exports common high priority items as listed in Annex XL to Regulation (EU) No 833/2014 implements the requirements in points (a) and (b) of paragraph 1.
4 Paragraph 3 shall not apply where, due to reasons that it did not cause itself, a natural or legal person, entity or body is not able to exercise control over the legal person, entity or body that it owns.’
Article 5c
1 With regard to the Paks II project, the prohibitions in this Decision shall not apply to activities necessary for 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, provided that any such activity has been notified by natural and legal persons, entities and bodies within two weeks of its start to the competent authority of the Member State where they are resident, located, established or incorporated. The Member State concerned shall inform the other Member States and the Commission of any information received under this Article within 2 weeks of its receipt.’
Article 8
It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent prohibitions in this Decision, including by participating in such activities without deliberately seeking that object or effect but being aware that the participation may have that object or effect and accepting that possibility.’
Article 8b
Any document held by the Council, the Commission or the High Representative for the purpose of ensuring the enforcement of the measures set out in this Decision, 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 apply to the proposals from the High Representative for the amendment of this Decision 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.’
Article 8c
The Council, acting by unanimity on the basis of Articles 29 and 30 of the Treaty on European Union, shall amend Annexes I, II, III, IV, V, VI, VIII, IX, X, XIV, XVI, XVII, XVIII and XIX.’
Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
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