(28)

the following articles are inserted: ‘Article 12ga 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 this Regulation, 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 this Regulation 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 12gb 1. Natural and legal persons, entities and bodies that sell, supply, transfer or export common high priority items as listed in Annex XL to this Regulation shall, as of 26 December 2024. 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 only within the Union or to partner countries listed in Annex VIII to this Regulation. 3. Natural and legal persons, entities and bodies shall, as of 26 December 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 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.’ ; 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; 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.

← (b) · All articles · (a) →

Source: EUR-Lex (Cellar) · retrieved 2026-10-17 · Text as adopted (Official Journal); later amendments are not incorporated in this text.