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Document 32009L0043
Defence-related products: rules on transfer within the EU
There are three types of licences
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.
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.
Individual licences, granted by a Member State to suppliers asking for a single transfer of products to a single recipient.
Obligations of suppliers
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.
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.
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:
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.
Commission Delegated Directive (EU) 2023/277 of 5 October 2022 amending Directive 2009/43/EC of the European Parliament and of the Council as regards the updating of the list of defence-related products in line with the updated Common Military List of the European Union of 21 February 2022 (OJ L 42, 10.2.2023, pp. 1–39).
Common Military List of the European Union (OJ C 72, 28.2.2023, pp. 2–37).
last update 15.02.2023