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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.