Article 12 — Customs control

1. This Article is without prejudice to other Union legal acts governing the export of products, in particular Articles 46, 47 and 267 of Regulation (EU) No 952/2013. 2. Customs authorities shall rely on the Union compulsory licence and on any modifications thereto to identify products that could fall under the prohibition laid down in Article 11 of this Regulation. For that purpose, the Commission shall enter risk information, as regards each Union compulsory licence and any modification thereto, into the Union electronic customs risk management system, referred to in Article 36 of Implementing Regulation (EU) 2015/2447. Customs authorities shall take such risk information into consideration when they carry out controls on products placed under the customs procedure export in accordance with Articles 46 and 47 of Regulation (EU) No 952/2013. 3. Where customs authorities identify a product that could fall under the prohibition laid down in Article 11, they shall suspend its export. Customs authorities shall immediately notify the Commission of the suspension, and provide it with all relevant information to enable it to establish whether the product was manufactured or marketed under a Union compulsory licence. The Commission shall inform the right holder and, where appropriate, the licensee. The Commission may consult the right holder to assess whether the product is covered by a Union compulsory licence. 4. Where the export of a product has been suspended in accordance with paragraph 3, that product shall be released for export provided that all the other requirements and formalities under Union or national law relating to such export have been fulfilled, and where either of the following conditions is fulfilled: (a) the Commission has not requested the customs authorities to maintain the suspension within 10 working days of it being notified thereof; (b) the Commission has informed the customs authorities that the product is not manufactured or marketed under a Union compulsory licence. 5. Where the Commission concludes that the export of a product manufactured or marketed under a Union compulsory licence does not comply with the prohibition laid down in Article 11, the customs authorities shall not authorise the release for export of that product. The Commission shall inform the customs authorities and the right holder concerned of such non-compliance. 6. Where the release for export of a product has not been authorised, the Commission may, where appropriate in view of the declared crisis or emergency mode, require, through the customs authorities, the exporter to take specific actions at its own expense, including supplying the product to designated Member States, if need be, after rendering it compliant with Union law. In all other cases, the product concerned may be disposed of in accordance with national law, in compliance with Union law. In such cases, Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.