L 30/16
EN
Official Journal of the European Union
31.1.2019
2.
An authorisation for export granted in accordance with Article 12 or with Article 17 implies an authorisation for
the exporter to supply technical assistance to the end-user to the extent that such assistance is necessary for the
installation, operation, maintenance or repair of those goods whose export is authorised.
3.
Authorisations may be issued by electronic means. The specific procedures shall be established on a national
basis. Member States availing themselves of this option shall inform the Commission.
4.
Authorisations for export, import, transit, the supply of technical assistance or the supply of brokering services
shall be subject to any requirements and conditions the competent authority deems appropriate.
5.
The competent authorities, acting in accordance with this Regulation, may refuse to grant an authorisation and
may annul, suspend, modify or revoke an authorisation which they have already granted.
Article 22
Customs formalities
1.
When completing customs formalities, the exporter or importer shall submit the duly completed form set out in
Annex VII as proof that the necessary authorisation for the export or import concerned has been obtained. If the
document is not filled out in an official language of the Member State where the customs formalities are being
completed, the exporter or importer may be required to provide a translation into such official language.
2.
If a customs declaration is made concerning goods listed in Annex II, III or IV and it is confirmed that no authoris
ation has been granted pursuant to this Regulation for the intended export or import, the customs authorities shall
detain the goods declared and shall make the exporter or importer aware of the possibility to apply for an authorisation
pursuant to this Regulation. If no application for an authorisation is made within six months of the detention, or if the
competent authority dismisses such an application, the customs authorities shall dispose of the detained goods in
accordance with applicable national law.
Article 23
Notification and consultation requirement
1.
A Member State shall notify the other Member States and the Commission if its competent authorities, as listed in
Annex I, take a decision dismissing an application for an authorisation under this Regulation or if they annul an author
isation they have granted. Such notification shall be made not later than 30 days following the date of the decision or
annulment.
2.
The competent authority shall, through diplomatic channels where required or appropriate, consult the authority
or authorities which, in the preceding three years, dismissed an application for authorisation of an export, a transit, the
supply of technical assistance to a person, entity or body in a third country or the supply of brokering services under
this Regulation, if it receives an application concerning an export, a transit, the supply of technical assistance to
a person, entity or body in a third country or the supply of brokering services involving an essentially identical
transaction referred to in such earlier application and considers that an authorisation should, nevertheless, be granted.
3.
If, after the consultations referred to in paragraph 2, the competent authority decides to grant an authorisation, the
relevant Member State shall immediately inform the other Member States and the Commission of its decision and
explain the reasons for its decision, submitting supporting information as appropriate.
4.
Where a refusal to grant an authorisation is based on a national prohibition in accordance with Article 14(1) or
Article 15(4), it shall not constitute a decision dismissing an application within the meaning of paragraph 1 of this
Article.
5.
All notifications required under this Article shall be made via a secure and encrypted system for exchange of
information.
CHAPTER VI
GENERAL AND FINAL PROVISIONS
Article 24
Amendment of Annexes
The Commission is empowered to adopt delegated acts in accordance with Article 29, to amend Annexes I, II, III, IV, V,
VI, VII, VIII and IX. The data in Annex I regarding competent authorities of the Member States shall be amended on the
basis of information supplied by the Member States.
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