L 30/8
EN
Official Journal of the European Union
31.1.2019
(g) ‘museum’ means a non-profit making, permanent institution in the service of society and of its development, and
open to the public, which acquires, conserves, researches, communicates and exhibits, for purposes of study,
education and enjoyment, material evidence of people and their environment;
(h) ‘competent authority’ means an authority of one of the Member States, as listed in Annex I, which is, in accordance
with Article 20, entitled to make a decision on an application for an authorisation or to prohibit an exporter from
using the Union general export authorisation;
(i)
‘applicant’ means:
(1) the exporter, in the case of exports referred to in Article 3, 11 or 16;
(2) the natural or legal person, entity or body transporting the goods within the customs territory of the Union, in
the case of transit referred to in Article 5;
(3) the supplier of technical assistance, in the case of supplies of technical assistance referred to in Article 3;
(4) the museum that will display the goods, in the case of imports and supplies of technical assistance referred to
in Article 4;
(5) the supplier of technical assistance or the broker, in the case of supplies of technical assistance referred to in
Article 15 or brokering services referred to in Article 19;
(j)
‘customs territory of the Union’ means the territory as laid down in Article 4 of Regulation (EU) No 952/2013;
(k) ‘brokering services’ means:
(1) the negotiation or arrangement of transactions for the purchase, sale or supply of relevant goods from a third
country to any other third country, or
(2) the selling or buying of relevant goods that are located in a third country for their transfer to another third
country.
For the purposes of this Regulation, the sole provision of ancillary services is excluded from this definition.
Ancillary services are transportation, financial services, insurance or re-insurance, or general advertising or
promotion;
(l)
‘broker’ means any natural or legal person, entity or body, including a partnership, resident or established in
a Member State that supplies services defined under point (k) from within the Union; any natural person having the
nationality of a Member State, wherever resident, who supplies such services from within the Union; and any legal
person, entity or body incorporated or constituted under the law of a Member State, wherever established, that
supplies such services from within the Union;
(m) ‘supplier of technical assistance’ means any natural or legal person, entity or body, including a partnership, resident
or established in a Member State that supplies technical assistance defined under point (f) from within the Union;
any natural person having the nationality of a Member State, wherever resident, who supplies such assistance from
within the Union; and any legal person, entity or body incorporated or constituted under the law of
a Member State, wherever established, that supplies such assistance from within the Union;
(n) ‘exporter’ means any natural or legal person, entity or body, including a partnership, on whose behalf an export
declaration is made, that is to say the person, entity or body, who, at the time when the export declaration is
accepted, holds a contract with the consignee in the third country concerned and has the necessary power for
determining the sending of the goods out of the customs territory of the Union. If no such contract has been
concluded or if the holder of that contract does not act on its own behalf, the exporter means the person, entity or
body who has the necessary power for determining the sending of the goods out of the customs territory of the
Union. Where the benefit of a right to dispose of the goods belongs to a person, entity or body resident or
established outside the Union pursuant to that contract, the exporter shall be considered to be the contracting party
resident or established in the Union;
(o) ‘Union General Export Authorisation’ means an authorisation for exports as defined under point (d) to certain
countries which is available to all exporters who respect conditions and requirements for its use as listed in
Annex V;
(p) ‘individual authorisation’ means an authorisation granted to:
(1) one specific exporter for exports as defined under point (d) to one end-user or consignee in a third country and
covering one or more goods;
(2) one specific broker for the supply of brokering services as defined under point (k) to one end-user or consignee
in a third country and covering one or more goods; or
(3) a natural or legal person, entity or body transporting goods within the customs territory of the Union for
transit as defined under point (s);