Intra-EU transfers of defence products are regulated by Directive 2009/43/EC of the European Parliament and of the Council, which aims to simplify those transfers in order to ensure the proper functioning of the internal market for defence products. As documented by past evaluations of that Directive, the granting of a priori global and individual transfer licences remains largely the norm for the movement of defence products within the internal market and the average time to process applications varies, sometimes significantly, from one Member State to another. During a security-related supply crisis, and where the Council considers it necessary, it should be possible for the Council to adopt an implementing act activating the security-related supply-crisis state to determine a timeframe, which should be no longer than two weeks, within which the national authorities concerned should treat the applications once entirely received in order to further facilitate the movement of those products in the internal market. Additionally, this Regulation aims to facilitate the intra-EU transfers of crisis-relevant products in the context of a supply crisis. Therefore, it should be clarified that a Member State which imposes export limitations to components which are crisis-relevant products and which it considers sensitive in the meaning of Directive 2009/43/EC should not require further authorisations for the intra-EU transfer of the components concerned where the recipient provides a declaration of use in which it declares that the components subject to that transfer licence are integrated or are to be integrated into a defence product and cannot be transferred or exported as such. Such measure should not affect existing Union and national rules governing the transfer and export of defence products.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.
