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Document 32016H2123
Commission Recommendation (EU) 2016/2123 of 30 November 2016 on the harmonisation of the scope of and conditions for general transfer licences for armed forces and contracting authorities as referred to in point (a) of Article 5(2) of Directive 2009/43/EC of the European Parliament and of the Council (notified under document C(2016) 7711)
Commission Recommendation (EU) 2016/2123 of 30 November 2016 on the harmonisation of the scope of and conditions for general transfer licences for armed forces and contracting authorities as referred to in point (a) of Article 5(2) of Directive 2009/43/EC of the European Parliament and of the Council (notified under document C(2016) 7711)
Commission Recommendation (EU) 2016/2123 of 30 November 2016 on the harmonisation of the scope of and conditions for general transfer licences for armed forces and contracting authorities as referred to in point (a) of Article 5(2) of Directive 2009/43/EC of the European Parliament and of the Council (notified under document C(2016) 7711)
C/2016/7711
OJ L 329, 3.12.2016, p. 101–104
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
- Date of document:
- 30/11/2016; Date of adoption
- Deadline:
- 01/07/2017; See Pt 2
- Author:
- European Commission
- Form:
- Recommendation
- Treaty:
- Treaty on the Functioning of the European Union
- Legal basis:
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- Select all documents mentioning this document
- Instruments cited:
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- EUROVOC descriptor:
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3.12.2016 |
EN |
Official Journal of the European Union |
L 329/101 |
COMMISSION RECOMMENDATION (EU) 2016/2123
of 30 November 2016
on the harmonisation of the scope of and conditions for general transfer licences for armed forces and contracting authorities as referred to in point (a) of Article 5(2) of Directive 2009/43/EC of the European Parliament and of the Council
(notified under document C(2016) 7711)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
Whereas:
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(1) |
Pursuant to Article 5 of Directive 2009/43/EC of the European Parliament and of the Council (1) Member States are obliged to publish at least four general transfer licences. |
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(2) |
General transfer licences are a key element of the simplified licensing system introduced by Directive 2009/43/EC. |
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(3) |
Differences in the scope of general transfer licences published by Member States in terms of defence-related products covered and diverging conditions applied to transfers of these products could hamper the implementation of Directive 2009/43/EC and the achievement of its simplification objective. Harmonisation of the scope of and conditions for transfers under the general transfer licences published by Member States are important to ensure the attractiveness and use of those licenses. |
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(4) |
Representatives of the Member States in the Committee established by Article 14 of Directive 2009/43/EC have suggested that harmonisation of the scope of and conditions for transfers under the general transfer licences published by Member States could be achieved by the adoption of a Recommendation by the Commission. |
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(5) |
The guidelines set out in this Recommendation represent the result of negotiations with Member States concerning the harmonisation of the scope of and conditions for transfers under the general transfer licence for armed forces and contracting authorities as referred to in point (a) of Article 5(2) of Directive 2009/43/EC (‘GTL-AF’). |
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(6) |
This Recommendation is considered as a basis for Member States' GTL-AF. The defence-related products listed under point 1.1 of this Recommendation are a minimum and non-exhaustive list of products, for which Member States allow transfer under their GTL-AF. This means that the GTL-AF published by a Member State may also allow for transfer of other defence-related products included in the Annex of Directive 2009/43/EC not listed in this Recommendation. |
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(7) |
Member States recall that they are bound by commitments under European law, such as Council Common Position 2008/944/CFSP (2), as well as by international commitments in the area of export control. |
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(8) |
This Recommendation applies to the Common Military List of the European Union as laid down in the Annex to Directive 2009/43/EC. This Recommendation will be updated when necessary to reflect future updates of the Common Military List of the European Union. |
HAS ADOPTED THIS RECOMMENDATION:
1. GENERAL TRANSFER LICENCES FOR ARMED FORCES AND CONTRACTING AUTHORITIES AS REFERRED TO IN POINT (A) OF ARTICLE 5(2) OF DIRECTIVE 2009/43/EC
1.1. Defence-related products eligible for transfer under the general transfer licence for armed forces and contracting authorities as referred to in point (a) of Article 5(2) of Directive 2009/43/EC
The following ML categories with sub points are a subset of the list of defence-related products laid down in the Annex to Directive 2009/43/EC. The general transfer licence for armed forces and contracting authorities as referred to in point (a) of Article 5(2) of that Directive (‘GTL-AF’) shall, as a minimum, allow for the transfer of defence-related products specified through the ML categories hereunder. Member States may choose to include more ML categories with corresponding defence-related products in their GTL-AF.
List of ML categories to be covered as a minimum:
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ML 4. Sub points (a) and (b). All goods are included, except:
Are also excluded for these weapons:
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ML 5. All goods are included, except:
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ML 6. All goods are included, except:
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ML 7. Sub point (g). |
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ML 9. All goods, except:
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ML 10. All goods, except:
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ML 11. Sub point (a). Only the following goods:
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ML 13. Sub points (c) and (d). |
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ML 14. All goods, except MANDPADS trainers. |
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ML 15. Sub points (b), (c), (d) and (e). |
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ML 16. All goods, except:
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ML 17. Sub points (a), (b), (d), (e), (j), (k), (l), (m), (n), (o) and (p). All goods, except:
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ML 21. sub point (a) and (b). Only the following goods and only if authorised from other categories in the present general licence:
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ML 22. Sub point (a). All technologies except those required for development and production and only if authorised from other categories in the same general transfer licence. |
1.2. Conditions which shall be incorporated into the general transfer licence for armed forces
The following list of conditions is not exhaustive. However, other conditions added by a Member State in a GTL-AR shall not contradict or undermine the conditions listed below.
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Geographic validity: European Economic Area (EU 28 + Iceland and Norway (3)). |
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Re-transfers within the EEA are allowed without ex ante controls; only ex post reporting could be required. |
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The GTL-AF is intended for the end use of eligible recipients as referred to in point (a) of Article 5(2) of Directive 2009/43/EC. Subsequent sales not known at the time of transfer are considered new exports. For new exports, it is the responsibility of the competent authority of the receiving Member State to control exports or transfers initiated by a subsequent sale not known at the time of transfer. |
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For the purpose of ex-post verification under the GTL-AF, Member States should ensure that suppliers report on the use of the GTL-AF in accordance with reporting minimum requirements as specified in Article 8(3) of Directive 2009/43/EC. |
2. FOLLOW UP
Member States are invited to give effect to this Recommendation by 1 July 2017 at the latest.
Member States are encouraged to inform the Commission of the measures taken to give effect to this Recommendation.
3. ADDRESSEES
This Recommendation is addressed to the Member States.
Done at Brussels, 30 November 2016.
For the Commission
Elżbieta BIEŃKOWSKA
Member of the Commission
(1) 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 L 146, 10.6.2009, p. 1).
(2) Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment (OJ L 335, 13.12.2008, p. 99).
(3) The EEA Joint Committee Decision No 111/2013 of 14 June 2013 (OJ L 318, 28.11.2013, p. 12), which incorporated Directive 2009/43/EC into the EEA Agreement included an explicit adaptation text: ‘This Directive shall not apply to Liechtenstein’ .
