Defence-related products: rules on transfer within the EU

SUMMARY OF:

Directive 2009/43/EC simplifying terms and conditions of transfers of defence-related products within the EU

WHAT IS THE AIM OF THE DIRECTIVE?

Its objective is to eliminate the disparities between European Union (EU) Member States’ laws and rules on the transfer of defence-related products (ranging from rifles, through bombs and torpedoes, to submarines and aircraft for military use).
It establishes an authorisation system based on issuing transfer licences to suppliers.
It facilitates the transparent and secure circulation of defence-related products in the EU, thus helping to boost the competitiveness of the EU’s defence sector.

KEY POINTS

There are three types of licences

1.
General licences, issued by a Member State to suppliers established on its territory (provided they comply with the licence conditions) and asking to transfer defence-related products to recipients in another Member State.
2.
Global licences, granted by a Member State (which determines the scope and duration) to suppliers asking to transfer products to recipients in one or more Member States.
3.
Individual licences, granted by a Member State to suppliers asking for a single transfer of products to a single recipient.

Obligations of suppliers

Member States must ensure that suppliers of defence-related products established on their territory:
- keep detailed records of their transfers;
- inform recipients of the conditions of the licence (i.e. limitations concerning the end use or export of defence-related products);
- inform the competent authority of the Member State from whose territory they wish to transfer products of their intention to use a general licence for the first time.
Member States that are home to recipients of defence-related products under transfer licences must certify that the recipients are responsible for observing the limitations of exporting the products they receive.

The defence-related products to which this directive refers are listed in the annex to the directive. The annex is updated regularly by means of delegated acts adopted by the European Commission so that it corresponds with the Common Military List of the European Union. The annex was most recently updated by Delegated Directive 2023/277 in 2023. The Commission updates this list regularly so that it corresponds with the common military list, the most recent of which dates from 28 February 2023.

FROM WHEN DO THE RULES APPLY?

The directive had to be transposed into national law by 30 June 2011.

These rules should apply from 30 June 2012.

Delegated Directive (EU) 2023/277 has to be transposed into national law by 31 May 2023 and the rules should apply from 7 June 2023.

BACKGROUND

Before Directive 2009/43/EC came into force, the transfer of defence-related products within the EU was subject to national licensing laws. These differed considerably in terms of procedures, scope and the time needed to obtain licences. Consequently, the competitiveness of the European defence sector was stunted, as was the establishment of a genuine European market in defence products.

For further information, see:

EU transfers of defence-related products (European Commission).

MAIN DOCUMENT

Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (OJ L146, 10.6.2009, pp. 1–36).

Successive amendments and corrections to Directive 2009/43/EC and its Annexes have been incorporated into the original text. This consolidated version is of documentary value only.