Article 12

1.   The following types of authorisations for export may be issued or are established under this Regulation:
(a)
individual export authorisations;
(b)
global export authorisations;
(c)
national general export authorisations;
(d)
Union general export authorisations for exports of certain items to certain destinations under specific conditions and requirements for use as set out in Sections A to H of Annex II.
Authorisations issued or established under this Regulation shall be valid throughout the customs territory of the Union.
2.   Individual and global export authorisations under this Regulation shall be granted by the competent authority of the Member State where the exporter is resident or established.
Without prejudice to point (3) of Article 2, where the exporter is not resident or established on the customs territory of the Union, individual export authorisations shall be granted under this Regulation by the competent authority of the Member State where the dual-use items are located.
All individual and global export authorisations shall be issued, whenever possible, by electronic means on forms containing at least all the elements of and in the order provided for in the models set out in Section A of Annex III.
3.   Individual export authorisations and global export authorisations shall be valid for up to two years, unless the competent authority decides otherwise.
Large project authorisations shall be valid for a duration to be determined by the competent authority, but no longer than four years, except in duly justified circumstances based on the duration of the project.
4.   Exporters shall supply the competent authority with all relevant information required for their applications for individual and global export authorisations so as to provide complete information in particular about the end-user, the country of destination and the end-use of the item exported.
Individual export authorisations shall be subject to an end-use statement. The competent authority may exempt certain applications from the obligation of providing an end-use statement. Global export authorisations may be subject to an end-use statement if appropriate.
Exporters using global export authorisations shall implement an ICP, unless the competent authority considers it unnecessary due to other information it has taken into account when processing the application for a global export authorisation submitted by the exporter.
Reporting and ICP requirements relating to the use of global export authorisations shall be defined by Member States.
At the request of exporters, global export authorisations that contain quantitative limitations shall be split.
5.   The competent authorities of the Member States shall process requests for individual or global authorisations within a period of time to be determined by national law or practice.
6.   National general export authorisations shall:
(a)
exclude from their scope items listed in Section I of Annex II;
(b)
be defined by national law or practice; they may be used by all exporters, resident or established in the Member State that issues those authorisations, if they meet the requirements set in this Regulation and in the complementary national legislation; they shall be issued in accordance with the indications set out in Section C of Annex III;
(c)
not be used if the exporter has been informed by the competent authority that the items in question are or may be intended, in their entirety or in part, for any of the uses referred to in Article 4(1), or if the exporter is aware that the items are intended for such uses.
National general export authorisations may also apply to items and destinations listed in Sections A to H of Annex II.
Member States shall notify the Commission immediately of any national general export authorisations issued or modified. The Commission shall publish such notifications in the C series of the
Official Journal of the European Union
.
7.   The competent authority of the Member State where the exporter is resident or established may prohibit the exporter from using Union general export authorisations if there is reasonable suspicion about the exporter’s ability to comply with such authorisation or with a provision of the export control legislation.
The competent authorities of the Member States shall exchange information on exporters which are prohibited from using a Union general export authorisation, unless the competent authority of the Member State where the exporter is resident or established determines that the exporter will not attempt to export dual-use items through another Member State. The exchange of information shall be carried out using the electronic system referred to in Article 23(6).