31.1.2019
EN
Official Journal of the European Union
L 30/17
Where, in the case of amendment of Annex II, III, IV or V, imperative grounds of urgency so require, the procedure
provided for in Article 30 shall apply to delegated acts adopted pursuant to this Article.
Article 25
Requests for adding goods to one of the lists of goods
1.
Each Member State may address a duly substantiated request to the Commission to add goods designed or
marketed for law enforcement to Annex II, Annex III or Annex IV. Such a request shall include information on:
(a) the design and characteristics of the goods;
(b) all the purposes for which they can be used; and
(c) the international or domestic rules that would be broken if the goods were to be used for law enforcement.
When addressing its request to the Commission, the requesting Member State shall also forward that request to the
other Member States.
2.
The Commission may, within three months of the receipt of the request, ask the requesting Member State to
provide supplementary information, if it considers that the request fails to address one or more relevant points or that
additional information on one or more relevant points is necessary. It shall communicate the points on which supple
mentary information needs to be provided. The Commission shall forward its questions to the other Member States. The
other Member States may also provide the Commission with further information for the assessment of the request.
3.
If it considers that there is no need to ask for supplementary information or, where applicable, upon receipt of the
supplementary information it has requested, the Commission shall, within 20 weeks of the receipt of the request or the
receipt of supplementary information, respectively, commence the procedure for the adoption of the requested
amendment or inform the requesting Member State of the reasons for not doing so.
Article 26
Exchange of information between Member States' authorities and the Commission
1.
Without prejudice to Article 23, the Commission and the Member States shall, upon request, inform each other of
the measures taken under this Regulation and supply each other with any relevant information at their disposal in
connection with this Regulation, in particular information on authorisations granted and refused.
2.
Relevant information on authorisations granted and refused shall comprise at least the type of decision, the
grounds for the decision or a summary thereof, the names of the consignees and, if they are not the same, of the endusers as well as the goods concerned.
3.
Member States, if possible in cooperation with the Commission, shall make a public, annual activity report,
providing information on the number of applications received, on the goods and countries concerned by these
applications, and on the decisions they have taken on these applications. This report shall not include information the
disclosure of which a Member State considers to be contrary to the essential interests of its security.
4.
The Commission shall prepare an annual report comprised of the annual activity reports referred to in
paragraph 3. That annual report shall be made publicly available.
5.
Except for the supply of information mentioned in paragraph 2 to the authorities of the other Member State and
to the Commission, this Article shall be without prejudice to applicable national rules concerning confidentiality and
professional secrecy.
6.
The refusal to grant an authorisation, if it is based on a national prohibition adopted in accordance with
Article 14(1), shall not constitute an authorisation refused within the meaning of paragraphs 1, 2 and 3 of this Article.
Article 27
Processing of personal data
Personal data shall be processed and exchanged in accordance with the rules laid down in Regulation (EU) 2016/679
and Regulation (EU) 2018/1725.
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