CELEX 02009R0428 · v20211007

Article 12

1.  

In deciding whether or not to grant an individual or global export authorisation or to grant an authorisation for brokering services under this Regulation, the Member States shall take into account all relevant considerations including:

(a) 

the obligations and commitments they have each accepted as members of the relevant international non-proliferation regimes and export control arrangements, or by ratification of relevant international treaties;

(b) 

their obligations under sanctions imposed by ►M1  a decision or a common position ◄ adopted by the Council or by a decision of the OSCE or by a binding resolution of the Security Council of the United Nations;

(c) 

considerations of national foreign and security policy, including those covered by Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment ( 1 );

(d) 

considerations about intended end use and the risk of diversion.

2.  
In addition to the criteria set in paragraph 1, when assessing an application for a global export authorisation Member States shall take into consideration the application by the exporter of proportionate and adequate means and procedures to ensure compliance with the provisions and objectives of this Regulation and with the terms and conditions of the authorisation.

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