Annex I - VERTIC

▼B
(b) the quantity of the dual-use items;
(c) the name and address of the exporter and of the consignee;
(d) where known, the end-use and end-user of the dual-use items.
2. In accordance with national law or practice in force in the
respective Member States, brokers shall keep registers or records for
brokering services which fall under the scope of Article 5 so as to be
able to prove, on request, the description of the dual-use items that were
the subject of brokering services, the period during which the items
were the subject of such services and their destination, and the
countries concerned by those brokering services.
3. The registers or records and the documents referred to in paragraphs
1 and 2 shall be kept for at least three years from the end of the
calendar year in which the export took place or the brokering services
were provided. They shall be produced, on request, to the competent
authorities of the Member State in which the exporter is established or
the broker is established or resident.
Article 21
In order to ensure that this Regulation is properly applied, each Member
State shall take whatever measures are needed to permit its competent
authorities:
(a) to gather information on any order or transaction involving dual-use
items;
(b) to establish that the export control measures are being properly
applied, which may include in particular the power to enter the
premises of persons with an interest in an export transaction or
brokers involved in the supply of brokering services under circumstances
set out in Article 5.
CHAPTER VIII
OTHER PROVISIONS
Article 22
1. An authorisation shall be required for intra-Community transfers
of dual-use items listed in Annex IV. Items listed in Part 2 of Annex IV
shall not be covered by a general authorisation.
2. A Member State may impose an authorisation requirement for the
transfer of other dual-use items from its territory to another Member
State in cases where at the time of transfer:
— the operator knows that the final destination of the items concerned
is outside the Community,
— export of those items to that final destination is subject to an authorisation
requirement pursuant to Articles 3, 4 or 8 in the Member
State from which the items are to be transferred, and such export
directly from its territory is not authorised by a general authorisation
or a global authorisation,
2009R0428 — EN — 15.06.2012 — 002.001 — 17