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Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast)

article  annex_II

CELEX:  02021R0821-20241108

UNION GENERAL EXPORT AUTHORISATIONS The following sections set out the Union general export authorisations for certain exports. A. EXPORTS TO AUSTRALIA, CANADA, ICELAND, JAPAN, NEW ZEALAND, NORWAY, SWITZERLAND, INCLUDING LIECHTENSTEIN, THE UNITED KINGDOM AND THE UNITED STATES UNION GENERAL EXPORT AUTHORISATION No EU001 (referred to in point (d) of Article 12(1) of this Regulation) Exports to Australia, Canada, Iceland, Japan, New Zealand, Norway, Switzerland, including Liechtenstein, the United Kingdom and the United States Issuing authority: European Union Part 1 – Items This authorisation covers all dual-use items specified in any entry in Annex I, except those listed in Section I of this Annex. Part 2 – Destinations This authorisation is valid throughout the customs territory of the Union for exports to the following destinations:
— Australia,
— Canada,
— Iceland,
— Japan,
— New Zealand,
— Norway,
— Switzerland, including Liechtenstein,
Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast)

article  annex_II

CELEX:  02021R0821-20241108

— United Kingdom (without prejudice to the application of this Regulation to and in the United Kingdom in respect of Northern Ireland, in accordance with point 47 of Annex 2 to the Protocol on Ireland/Northern Ireland (the ‘Protocol’) annexed to the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (), listing the provisions of Union law referred to in Article 5(4) of the Protocol),
— United States. Part 3 – Conditions and requirements for use 1. This authorisation does not authorise the export of items where:
Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast)

article  annex_II

CELEX:  02021R0821-20241108

(a) the exporter has been informed by the competent authority of the Member State in which the exporter is resident or established that the items in question are or may be intended, in their entirety or in part:
(i) for use in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or other nuclear explosive devices, or the development, production, maintenance or storage of missiles capable of delivering such weapons;
(ii) for a military end-use as defined in point (b) of Article 4(1) of this Regulation in a country subject to an arms embargo; or (iii) for use as parts or components of military items listed in the national military list that have been exported from the territory of the Member State concerned without authorisation or in breach of an authorisation prescribed by the national legislation of that Member State;
(b) the exporter is aware that the items in question are intended, in their entirety or in part, for any of the uses referred to in point (a); or
Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast)

article  annex_II

CELEX:  02021R0821-20241108

(c) the relevant items are exported to a customs-free zone or a free warehouse which is located in a destination covered by this authorisation.
2. The exporter shall declare that the items are being exported under Union general export authorisation No EU001 in the customs declaration.
3. The exporter who uses this authorisation shall notify the competent authority of the Member State where the exporter is resident or established of the first use of this authorisation within 30 days from the date when the first export took place or, alternatively, and in accordance with a requirement by the competent authority of the Member State where the exporter is resident or established, prior to the first use of this authorisation. Member States shall notify the Commission of the notification mechanism chosen for this authorisation. The Commission shall publish the information notified to it in the C series of the Official Journal of the European Union. Reporting requirements attached to the use of this authorisation and additional information that the Member State from which the export is made might require on items exported under this authorisation shall be defined by Member States.
Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast)

article  annex_II

CELEX:  02021R0821-20241108

A Member State may require exporters resident or established in that Member State to register prior to the first use of this authorisation. Registration shall be automatic and acknowledged by the competent authority to the exporter without delay and in any case within 10 working days of receipt, subject to Article 12(7) of this Regulation. Where applicable, the requirements set out in the second and third subparagraphs shall be based on those defined for the use of national general export authorisations granted by those Member States which provide for such authorisations. B. EXPORTS OF CERTAIN DUAL-USE ITEMS TO CERTAIN DESTINATIONS UNION GENERAL EXPORT AUTHORISATION No EU002 (referred to in point (d) of Article 12(1) of this Regulation) Exports of certain dual-use items to certain destinations Issuing authority: European Union Part 1 — Items This authorisation covers the following dual-use items specified in Annex I:
— 1A001,
— 1A003,
— 1A004,
— 1C003.b.,
— 1C003.c.,
— 1C004,
— 1C005,
— 1C006,
— 1C008,
— 1C009,
— 2B008,
— 3A001.a.3.,
— 3A001.a.6.,
— 3A001.a.7.,
— 3A001.a.9.,
— 3A001.a.10.,
— 3A001.a.11.,
— 3A001.a.12.,
— 3A002.c.,
— 3A002.d.,
— 3A002.e.,
— 3A002.f.,
— 3C001,
Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast)

article  annex_II

CELEX:  02021R0821-20241108

— 3C002,
— 3C003,
— 3C004,
— 3C005,
— 3C006. Part 2 — Destinations This authorisation is valid throughout the customs territory of the Union for exports to the following destinations:
— Argentina,
— South Africa,
— South Korea,
— Turkey. Part 3 — Conditions and requirements for use 1. This authorisation does not authorise the export of items where:
Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast)

article  annex_II

CELEX:  02021R0821-20241108

(a) the exporter has been informed by the competent authority of the Member State in which the exporter is resident or established that the items in question are or may be intended, in their entirety or in part:
(i) for use in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or other nuclear explosive devices, or the development, production, maintenance or storage of missiles capable of delivering such weapons;
(ii) for a military end-use as defined in point (b) of Article 4(1) of this Regulation in a country subject to an arms embargo; or (iii) for use as parts or components of military items listed in national military lists that have been exported from the territory of the Member State concerned without authorisation or in breach of an authorisation prescribed by the national legislation of that Member State;
(b) the exporter is aware that the items in question are intended, in their entirety or in part, for any of the uses referred to in point (a); or
Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast)

article  annex_II

CELEX:  02021R0821-20241108

(c) the relevant items are exported to a customs-free zone or a free warehouse which is located in a destination covered by this authorisation.
2. The exporter shall declare that the items are being exported under Union general export authorisation No EU002 in the customs declaration.
3. The exporter who uses this authorisation shall notify the competent authority of the Member State where the exporter is resident or established of the first use of this authorisation within 30 days from the date when the first export took place or, alternatively, and in accordance with a requirement by the competent authority of the Member State where the exporter is resident or established, prior to the first use of this authorisation. Member States shall notify the Commission of the notification mechanism chosen for this authorisation. The Commission shall publish the information notified to it in the C series of the Official Journal of the European Union. Reporting requirements attached to the use of this authorisation and additional information that the Member State from which the export is made might require on items exported under this authorisation are defined by Member States.
Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast)

article  annex_II

CELEX:  02021R0821-20241108

A Member State may require exporters resident or established in that Member State to register prior to the first use of this authorisation. Registration shall be automatic and acknowledged by the competent authority to the exporter without delay and in any case within 10 working days of receipt, subject to Article 12(7) of this Regulation. Where applicable, the requirements set out in the second and third subparagraphs shall be based on those defined for the use of national general export authorisations granted by those Member States which provide for such authorisations. C. EXPORT AFTER REPAIR/REPLACEMENT UNION GENERAL EXPORT AUTHORISATION No EU003 (referred to in point (d) of Article 12(1) of this Regulation) Export after repair/replacement Issuing authority: European Union Part 1 — Items 1. This authorisation covers all dual-use items specified in any entry in Annex I, except those listed in paragraph 2 of this Section where:
Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast)

article  annex_II

CELEX:  02021R0821-20241108

(a) the items were reimported into the customs territory of the Union for the purpose of maintenance, repair or replacement, and are exported or re-exported to the country of consignment without any changes to their original characteristics within a period of 5 years after the date when the original export authorisation has been granted; or (b) the items are exported to the country of consignment in exchange for items of the same quality and number which were reimported into the customs territory of the Union for maintenance, repair or replacement within a period of 5 years after the date when the original export authorisation has been granted.
2. Items excluded:
(a) all items listed in Section I of this Annex;
(b) all items listed in Sections D and E of each Category of Annex I;
(c) the following items specified in Annex I:
— 1A002.a.,
— 1C012.a.,
— 1C227,
— 1C228,
— 1C229,
— 1C230,
— 1C231,
— 1C236,
— 1C237,
— 1C240,
— 1C350,
— 1C450,
— 5A001.b.5.,
— 5A002.c.,
— 5A002.d.,
— 5A002.e.,
— 5A003.a.,
— 5A003.b.,
— 6A001.a.2.a.1.,
— 6A001.a.2.a.5.,
— 6A002.a.1.c.,
— 8A001.b.,
— 8A001.c.1.,
— 9A011. Part 2 — Destinations