31.1.2019
5.
EN
Official Journal of the European Union
L 30/15
An authorisation for the supply of technical assistance related to goods listed in Annex II shall be granted by:
(a) the competent authority of the Member State where the supplier of technical assistance is resident or established, as
listed in Annex I, or, if there is no such Member State, the competent authority of the Member State of which the
supplier of technical assistance is a national or under whose law it has been incorporated or constituted, if the
assistance is to be supplied to a museum in a third country; or
(b) the competent authority of the Member State where the museum is established, as listed in Annex I, if the assistance
is to be supplied to a museum in the Union.
6.
An authorisation for the supply of technical assistance related to goods listed in Annex III or in Annex IV shall be
granted by the competent authority of the Member State where the supplier of technical assistance is resident or
established, as listed in Annex I, or, if there is no such Member State, the competent authority of the Member State of
which the supplier of technical assistance is a national or under whose law it has been incorporated or constituted.
7.
An authorisation for the supply of brokering services related to goods listed in Annex III or in Annex IV shall be
granted by the competent authority of the Member State where the broker is resident or established, as listed in Annex I,
or, if there is no such Member State, the competent authority of the Member State of which the broker is a national or
under whose law it has been incorporated or constituted. Such an authorisation shall be granted for a set quantity of
specific goods moving between two or more third countries. The location of the goods in the originating third country,
the end-user and its exact location shall be clearly identified.
8.
Applicants shall supply the competent authority with all relevant information required for their applications for an
individual or global authorisation for exports or for brokering services, for an authorisation for technical assistance, for
an individual import authorisation or for an individual authorisation for transit.
As regards exports, the competent authorities shall receive complete information in particular on the end-user, the
country of destination and the end-use of the goods.
As regards brokering services the competent authorities shall in particular receive details of the location of the goods in
the originating third country, a clear description of the goods and the quantity involved, third parties involved in the
transaction, the third country of destination, the end-user in that country and its exact location.
The granting of an authorisation may be subject to an end-use statement, if appropriate.
9.
By way of derogation from paragraph 8, where a manufacturer or a manufacturer's representative is to export or
to sell and transfer goods included in point 3.2 or 3.3 of Annex III or in Section 1 of Annex IV to a distributor in
a third country, the manufacturer shall provide information on the arrangements made and the measures taken to
prevent the goods included in point 3.2 or 3.3 of Annex III from being used for torture or other cruel, inhuman or
degrading treatment or punishment or to prevent the goods included in Section 1 of Annex IV from being used for
capital punishment, on the country of destination and, if available, information on the end-use and the end-users of the
goods.
10. Upon request of a national preventive mechanism established under the Optional Protocol to the 1984 United
Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the competent
authorities may decide to make the information they have received from an applicant on the country of destination, the
consignee, the end-use and the end-users or, where relevant, the distributor and the arrangements and measures referred
to in paragraph 9, available to the requesting national preventive mechanism. The competent authorities shall hear the
applicant before the information is made available and may impose restrictions on the use that can be made of the
information. The competent authorities shall make their decisions in accordance with national laws and practice.
11. Member States shall process requests for individual or global authorisations within a period of time to be
determined by national law or practice.
Article 21
Authorisations
1.
Authorisations for export, import or transit shall be issued on a form consistent with the model set out in
Annex VII. Authorisations concerning brokering services shall be issued on a form consistent with the model set out in
Annex VIII. Authorisations concerning technical assistance shall be issued on a form consistent with the model set out
in Annex IX. Such authorisations shall be valid throughout the Union. The period of validity of an authorisation shall be
from three to twelve months, with a possible extension of up to twelve months. The period of validity of a global auth
orisation shall be from one year to three years with a possible extension of up to two years.
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