Directive 2009/43 - Simplification of terms and conditions of transfers of defence-related products within the EC - Main contents
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official title
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| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2009/43 |
| Original proposal | COM(2007)765  |
| CELEX number i | 32009L0043 |
| Document | 06-05-2009 |
|---|---|
| Publication in Official Journal | 10-06-2009; OJ L 146, 10.6.2009,Special edition in Croatian: Chapter 13 Volume 028 |
| Effect | 30-06-2009; Entry into force Date pub. + 20 See Art 19 |
| End of validity | 31-12-9999 |
| Transposition | 30-06-2011; At the latest See Art 18 |
10.6.2009 |
EN |
Official Journal of the European Union |
L 146/1 |
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
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1) |
The Treaty provides for the establishment of an internal market, including the abolition between Member States of obstacles to the free movement of goods and services, and for the institution of a system ensuring that competition in the internal market is not distorted. |
(2) |
The Treaty provisions establishing the internal market apply to all goods and services provided in return for remuneration, including defence-related products, but do not preclude Member States under certain conditions from taking other measures in individual cases where they consider it necessary for the protection of their essential security interests. |
(3) |
The laws, regulations and administrative provisions in Member States concerning the transfer of defence-related products within the Community contain disparities which may impede the movement of such products and which may distort competition within the internal market, thereby hampering innovation, industrial cooperation and the competitiveness of the defence industry in the European Union. |
(4) |
The objectives pursued generally by the laws and regulations of Member States include the preservation of human rights, peace, security and stability through systems of strict control and restriction of the exportation and proliferation of defence-related products to third countries as well as to other Member States. |
(5) |
Such restrictions on the movement of defence-related products within the Community cannot be abolished generally through direct application of the principles of the free movement of goods and services provided for by the Treaty, as those restrictions may be justified on a case-by-case basis in accordance with Articles 30 or 296 of the Treaty, which continue to be applicable by Member States, provided that their conditions are met. |
(6) |
The relevant laws and regulations of Member States therefore need to be harmonised in such a way as to simplify the intra-Community transfer of defence-related products in order to ensure the proper functioning of the internal market. This Directive only deals with rules and procedures as far as defence-related products are concerned, and, consequently, does not affect the policies of the Member States regarding the transfer of defence-related products. |
(7) |
Harmonisation of the relevant laws and regulations of Member States should not prejudice the international obligations and commitments of the Member States nor their discretion as regards their policy on the export of defence-related products. |
(8) |
Member States should remain entitled to pursue and further develop intergovernmental cooperation, whilst complying with the provisions of this Directive. |
(9) |
This Directive should not apply to defence-related products which only pass through the territory of the Community, namely to those products which are not assigned a customs-approved treatment or use other than the external transit procedure or which are merely placed in a free zone or free warehouse and where no record of them has to be kept in an approved stock... |
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