L 30/14
EN
Official Journal of the European Union
31.1.2019
Article 19
Authorisation requirement for certain services
1.
An authorisation shall be required for any supply, by a supplier of technical assistance or a broker, respectively, of
one of the following services to any person, entity or body in a third country whether for consideration or not:
(a) technical assistance related to goods listed in Annex IV, irrespective of the origin of such goods; and
(b) brokering services related to goods listed in Annex IV, irrespective of the origin of such goods.
2.
When deciding on applications for an authorisation for the supply of brokering services concerning goods listed in
Annex IV Article 17 shall apply mutatis mutandis.
When deciding on applications for an authorisation for the supply of technical assistance related to goods listed in
Annex IV, the criteria set out in Article 17 shall be taken into account to assess:
(a) whether the technical assistance would be supplied to a person, entity or body that might use the goods to which
the technical assistance relates for capital punishment; and
(b) whether the technical assistance would be used to repair, develop, manufacture, test, maintain or assemble goods
listed in Annex IV for, or supply technical assistance to, a person, entity or body that might use the goods to which
the technical assistance relates for capital punishment.
3.
Paragraph 1 shall not apply to the supply of technical assistance, if
(a) the technical assistance consists of providing information that is in the public domain; or
(b) the technical assistance is the minimum necessary for the installation, operation, maintenance or repair of those
goods listed in Annex IV whose export has been authorised by a competent authority in accordance with this
Regulation.
CHAPTER V
AUTHORISATION PROCEDURES
Article 20
Types of authorisations and issuing authorities
1.
A Union General Export Authorisation for certain exports as set out in Annex V is established by this Regulation.
The competent authority of the Member State where the exporter is resident or established may prohibit the exporter
from using this authorisation, if there is reasonable suspicion about the exporter's ability to comply with the terms of
this authorisation or with a provision of the export control legislation.
The competent authorities of the Member States shall exchange information on all exporters deprived of the right to use
the Union General Export Authorisation, unless they determine that a specific exporter will not attempt to export goods
listed in Annex IV through another Member State. A secure and encrypted system for exchange of information shall be
used for this purpose.
2.
An authorisation for exports other than those referred to in paragraph 1 for which an authorisation is required
under this Regulation shall be granted by the competent authority of the Member State where the exporter is resident or
established, as listed in Annex I. Such authorisation may be an individual or a global authorisation, if it concerns goods
listed in Annex III or in Annex IV. An authorisation concerning goods listed in Annex II shall be an individual authoris
ation.
3.
An authorisation for transit of goods listed in Annex II shall be granted by the competent authority of the
Member State where the natural or legal person, entity or body transporting the goods within the customs territory of
the Union is resident or established, as listed in Annex I. If that person, entity or body is not resident or established in
a Member State, an authorisation shall be granted by the competent authority of the Member State in which the entry of
goods into the customs territory of the Union takes place. Such an authorisation shall be an individual authorisation.
4.
An authorisation for imports for which an authorisation is required under this Regulation shall be granted by the
competent authority of the Member State where the museum is established, as listed in Annex I. An authorisation
concerning goods listed in Annex II shall be an individual authorisation.
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