Export authorisation
1. An export authorisation shall be necessary for taking listed goods out of the customs territory of the Union.
2. Any exporter permitted, pursuant to Directive (EU) 2021/555, to manufacture, acquire, possess or trade the listed goods is entitled to request an export authorisation. The export authorisation shall be granted by the competent authority of the Member State where the exporter is established.
3. The export authorisation shall contain the information referred to in Annex III, and it shall be issued through the electronic licensing system in one of the following forms:
(a)
a single authorisation or licence granted to one specific exporter for one shipment of one or more listed goods to one identified final recipient or consignee in a third country;
(b)
a multiple authorisation or licence granted to one specific exporter for multiple shipments of one or more listed goods to one or several identified final recipients or consignees in one or several third countries;
(c)
a national general export authorisation directly authorising the export of listed goods by exporters established in the territory of the Member State that issues the national general export authorisation, if they meet the requirements set out in this Regulation and comply with the terms and conditions defined in the national general export authorisation; or,
(d)
a Union general authorisation available only to authorised economic operators for security and safety pursuant to Article 38(2), point (b), of Regulation (EU) No 952/2013 for exports of Category B or C listed goods to specified countries of destination.
4. If the listed goods are located in one or more Member States other than the Member State in which the application for export authorisation was submitted, that fact shall be indicated on that application. The competent authority of the Member State to which the application for export authorisation was submitted shall consult the competent authority or authorities of the other Member States concerned, providing the relevant information about the application for export authorisation. The Member States consulted shall report within 10 working days of the date on which they were contacted through the electronic licensing system any objections to the granting of such an authorisation, which shall bind the Member State in which the application was submitted.
5. Where a person is not entitled to request an export authorisation under paragraph 2, the competent authority shall not accept the application.
6. Member States may adopt national general export authorisations establishing national requirements for the export of listed goods. Member States shall notify the Commission and the other Member States without delay of any national general export authorisation adopted pursuant to paragraph 3, point (c), indicating the reasons therefor. They shall inform the Commission and the other Member States of the description of the controlled goods, of the countries of destination, and of the conditions and requirements for use. Member States shall also notify the Commission and the other Member States without delay of any amendment to the national general authorisations so adopted. The Commission shall publish such notifications in the Official Journal of the European Union .
Export authorisation procedure
1. The competent authority shall process applications for export authorisations within a period not exceeding 90 working days from the date on which all required information has been provided to the competent authority. For duly justified reasons, that period may be extended by the competent authority to 110 working days.
2. The applicant shall supply the competent authority of the Member State responsible for issuing the export authorisation with the necessary documents proving that:
(a)
the importing third country has authorised the import; and
(b)
the third country of transit or third countries of transit, if any, had no objection to the transit.
Point (b) of the first subparagraph does not apply:
(a)
to shipments by sea or air and through ports or airports of third countries provided that there is no transhipment or change of means of transport; and
(b)
in the case of temporary exports for verifiable lawful purposes, including hunting, historical re-enactment, sport shooting, evaluation, exhibitions and repair.
3. Before issuing an export authorisation as referred to in Article 19, the competent authority shall verify the documents submitted in accordance with paragraph 2 of this Article.
4. If no objection to the transit in accordance with paragraph 2, first subparagraph, point (b), is received within 20 working days of the date of the written request, the third country or third countries of transit consulted shall be regarded as having no objection to the transit.
5. With respect to deactivated firearms, the applicant shall supply the deactivation certificate referred to in Article 15 of Directive (EU) 2021/555 to the competent authority of the Member State responsible for issuing the export authorisation.
6. The competent authority may grant export authorisations for firearms listed in Annex I only if the application for such authorisation is accompanied by a user statement in accordance with Annex IV issued by the importer of the country of final destination. In the case of export to a private company that resells the listed goods on a local market, that company shall be regarded as the user for the purposes of this Regulation. That shall not prevent the competent authority from evaluating differently export authorisation applications that concern exports to resellers from export authorisation applications that concern exports to users.
7. The period of validity of a single export authorisation shall not exceed the period of validity of the import authorisation issued by the third country. The period of validity of a multiple export authorisation shall not exceed 3 years. Where the import authorisation issued by the third country does not specify a period of validity, the period of validity of an export authorisation shall not exceed 1 year, except under exceptional circumstances and for duly justified reasons.
Traceability of firearms
1. The export authorisation, the import authorisation issued by the third country concerned and the accompanying documentation shall together contain the following information:
(a)
the dates of issue and expiry, where relevant;
(b)
the place of issue;
(c)
the country or countries of export and exit;
(d)
the third country or territory of destination;
(e)
whenever applicable, any third country, countries or territories through which the listed goods are transported;
(f)
the consignee;
(g)
the final recipient, if known at the time of the shipment;
(h)
particulars enabling the identification of the listed goods, and the quantity thereof including, at the latest prior to the shipment, the marking applied to the firearms or to the essential components; and,
(i)
the owner of the goods covered by the export authorisation and the import authorisation issued by the third country concerned, if the exporter is a broker.
2. The information referred to in paragraph 1, if contained in the import authorisation issued by the third country concerned, shall be provided by the exporter in advance to the third country, countries or territories through which the goods are transported, at the latest prior to the shipment.
3. The listed goods may be exported only if they are marked, in accordance with Article 4 of Directive (EU) 2021/555.
Exemption from the requirement of an export authorisation
1. By way of derogation from Article 19(1), no export authorisation shall be required for the temporary export, or for the re-export, of listed goods in the following cases:
(a)
the temporary export by hunters, historical re-enactors or sport shooters of firearms in their lawful possession, as part of their accompanied personal effects, during a journey to a third country, provided that they submit to the competent authority of exit, through the electronic licensing system, at least 10 working days before bringing the listed goods out of the customs territory of the Union, the following:
(i)
the reasons for their journey, in particular by producing an invitation or other proof of the hunting, historical re-enactment or sport-shooting activities in the third country of destination;
(ii)
a European firearms pass covering the firearms, as referred to in Article 17 of Directive (EU) 2021/555;
(iii)
information on which of the firearms as listed in the European firearms pass, and which other goods, besides firearms, listed in Annex I, are intended to be brought out of the customs territory of the Union, and the reasons for the type and amount of those goods, which shall be appropriate with respect to the reasons for the journey; the amount of ammunition shall be limited to a maximum of 800 rounds for hunters, and a maximum of 1 200 rounds for sport shooters;
(b)
the re-export, by hunters, historical re-enactors or sport shooters as part of their accompanied personal effects following temporary admission for hunting, historical re-enactment or sport-shooting activities, provided that:
(i)
the listed goods remain the property of a person established outside the customs territory of the Union and those goods are re-exported to that person;
(ii)
the listed goods are re-exported within 90 days from the entry into the customs territory of the Union;
(iii)
the reference number of the import authorisation is provided to the customs authority at exit and the exporter mentions the reference number of the declaration for temporary admission in the re-export declaration;
(c)
non-Union goods leaving the customs territory of the Union after passing through the territory of one or more Member States whilst placed under a customs transit procedure, where both the customs office of departure and destination are located in a third country;
(d)
Union goods leaving the customs territory of the Union temporarily while being moved under a customs transit procedure passing through a country or territory outside the customs territory of the Union with a final destination in the Union, provided that:
(i)
the transfer is authorised according to Directive (EU) 2021/555, where necessary; and
(ii)
the planned movement is notified to the competent authority of destination 10 working days in advance through the electronic licensing system.
Notwithstanding point (a)(ii) of the first subparagraph, in the case of travel by air, the hunters, historical re-enactors or sport shooters shall produce the European firearms pass to the competent authority where the relevant listed goods are handed over to the airline for transport out of the customs territory of the Union.
2. The competent authority shall provide the person submitting information in accordance with paragraph 1, first subparagraph, point (a), with a reference number through the electronic licensing system.
3. The competent authority of a Member State shall, for a period not exceeding 10 working days, suspend the process of export or, if necessary, otherwise prevent listed goods from leaving the customs territory of the Union through that Member State, where it has grounds for suspicion that the reasons referred to in paragraph 1, first subparagraph, point (a), of this Article, which were provided by hunters, historical re-enactors or sport shooters, are not in conformity with the relevant considerations and the obligations laid down in Article 24. For duly justified reasons, that suspension period may be extended by the competent authority to 30 working days. The competent authority shall communicate its decision to allow the release of the listed goods, or to take further actions, to the customs authority via the electronic licensing system.
Simplified export authorisation
1. A simplified export authorisation may be requested in the following situations:
(a)
the re-export, within 180 days, of listed goods following their temporary admission for evaluation, exhibition, or inward processing for repair, provided that those goods remain the property of a person established outside the customs territory of the Union and are re-exported to that person and that the exporter mentions the reference number of the declaration for temporary admission or inward processing in the re-export declaration;
(b)
the re-export of listed goods held in temporary storage within the time limit referred to in Article 149 of Regulation (EU) No 952/2013;
(c)
the temporary export of listed goods for the purposes of evaluation, exhibition or repair, provided that the exporter proves the lawful possession of those goods.
2. An application for a simplified export authorisation shall be submitted through the electronic licensing system and shall include the following:
(a)
mention of one of the three purposes listed in paragraph 1;
(b)
the name, identification number, address and contact details of the exporter;
(c)
the particulars of any firearms, including the name of the manufacturer or brand, the country or place of manufacture, the serial number, and where feasible the model and the year of manufacture;
(d)
the date and unique reference number of the authorisation to own or possess a firearm and of the import authorisation from the third country; or, where applicable, a reference to the authorisation, pursuant to Directive (EU) 2021/555, to manufacture, acquire, possess or trade listed goods; and,
(e)
in cases of the re-export of previously temporarily imported listed goods, the reference to the customs declaration under which those goods were brought into the customs territory of the Union.
3. The competent authority shall process applications for simplified export authorisations within a period not exceeding 20 working days from the date on which all required information was provided to the competent authority. For duly justified reasons, that period may be extended to 40 working days. The simplified export authorisation shall be issued through the electronic licensing system.
4. For the applicant to obtain the simplified export authorisation, the following conditions shall apply:
(a)
the third country or third countries of transit had no objection to the transit, as referred to in Article 20(2) and (4);
(b)
the competent authority has carried out the verification referred to in Article 20(3); and
(c)
the applicant has submitted to the competent authority the deactivation certificate, as referred to in Article 20(5).
5. The period of validity of a simplified export authorisation issued in accordance with paragraph 1, point (c), shall not exceed the period of validity of the import authorisation issued by the third country, or 1 year where that third country does not specify a period of validity, or where an exemption from the requirement for an import authorisation is applicable.
Obligations of competent authorities
1. In deciding whether to grant an export authorisation or a simplified export authorisation under this Regulation, the competent authority shall take into account all relevant considerations including:
(a)
its Member State’s obligations and commitments as party to the relevant international export control arrangements or relevant international treaties;
(b)
considerations of national foreign and security policy, including those covered by Common Position 2008/944/CFSP;
(c)
considerations as to the intended end use, the consignee, the identified final recipient and the risk of diversion.
2. In addition to the relevant considerations set out in paragraph 1, when assessing an application for an export authorisation or a simplified export authorisation, the competent authority shall take into account whether the applicant has proportionate and adequate means and procedures to ensure compliance with the provisions and objectives of this Regulation and compliance with the terms and conditions of the authorisation.
3. In deciding whether to grant an export authorisation or a simplified export authorisation under this Regulation, the competent authority shall observe any obligations with regard to restrictive measures imposed by decisions adopted by the Council or by a decision of the Organisation for Security and Cooperation in Europe (OSCE) or by a binding resolution of the Security Council of the United Nations, in particular as regards arms embargoes, as well as the national law implementing those obligations.
4. Before a competent authority grants an export authorisation or a simplified export authorisation, it shall take into account all refusals issued under this Regulation by the competent authorities of other Member States. The former competent authority may first consult the latter competent authority or competent authorities concerned. If, following such consultation, the former competent authority decides to grant an authorisation, it shall notify the latter competent authority or authorities concerned, providing all relevant information to explain its decision. That exchange of information shall be carried out without delay and through the electronic licensing system.
5. Competent authorities shall monitor that the conditions of export authorisations and simplified export authorisations they issue are met on the basis of risk management. The conditions of authorisations granted for a duration of longer than 2 years shall be monitored after 2 years.
Refusals, annulments, suspensions, modifications or revocations of export authorisations
1. Competent authorities shall refuse to grant export authorisations or simplified export authorisations if any of the following conditions apply:
(a)
the obligations and considerations set out in Article 24(1) are not met;
(b)
the applicant is a natural person and has a criminal record concerning conduct constituting an offence listed in Article 2(2) of Framework Decision 2002/584/JHA, or concerning any other conduct, provided that it constituted an offence punishable by a maximum penalty of at least 4 years of imprisonment;
(c)
the firearm to be exported was declared lost, stolen or otherwise sought for seizure;
(d)
the applicant is a legal person, and one of the following persons connected with that legal person has a criminal record referred to in point (b):
(i)
the applicant; or,
(ii)
persons in charge of the applicant or exercising control over its management;
(e)
there are clear indications suggesting that any of the persons involved in the transaction constitute a security threat or a threat to public safety, or that the persons referred to in point (b) or (d) of this paragraph are unable to meet the obligations imposed on them by Directive (EU) 2021/555, by this Regulation or by any authorisations issued with regard to their firearms.
2. For the purposes of paragraph 1 of this Article, Member States shall obtain the information on previous criminal convictions of the applicant in other Member States through the system established by Framework Decision 2009/315/JHA.
3. For the purposes of paragraph 1, point (c), Member States shall check that the firearm is not listed in the Schengen Information System.
4. A competent authority shall annul, suspend, modify or revoke an export authorisation or a simplified export authorisation if the conditions for granting it were not met or are no longer met. Where a competent authority takes such a decision, it shall make that information available to the customs authority through the electronic licensing system without delay.
5. Where the competent authority has suspended an export authorisation or a simplified export authorisation, it shall make its final decision available to the other competent authorities at the end of the period of suspension, through the electronic licensing system without delay.
6. Where the competent authority has refused to grant an export authorisation or a simplified export authorisation, it shall register its final decision in the electronic licensing system without delay.
7. All information shared in accordance with this Article shall be shared in compliance with Article 28 concerning its confidentiality.
Proof of receipt
1. Within 45 days of the exit from the customs territory of the Union, the exporter shall provide to the competent authority that issued the export authorisation, proof of the receipt of the dispatched shipment of the listed goods in the third country of import, by providing the relevant customs import documents. Those documents shall be provided through the electronic licensing system.
2. In the absence of the proof of receipt of the dispatched shipment referred to in paragraph 1, the competent authority that issued the export authorisation shall without delay request from the customs authority of export a confirmation that the customs formalities related to the exit of the listed goods have been carried out, and that the listed goods have exited the customs territory of the Union.
3. If the customs authorities confirm the completion of the customs formalities and the exit, the competent authority that issued the export authorisation shall request the relevant authority of the importing third country to confirm the entry of the goods into its customs territory.
4. Where the competent authority is unable to obtain a confirmation of entry by the importing third country as set out in paragraph 3, it shall record that information in the electronic licencing system.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
