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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.