Study on the implementation of Directive 2009/43/EC on transfers of defence-related products : final report

The goal of the study is to determine what has been done so far by Member States and to understand the perspectives and points of view of the main stakeholders on the implementation of the ICT Directive. The study focuses on three topics: - General licences; - The certification process; - Ex- ante and ex-post controls of the end-user / end-use. These three topics are linked and their operationalization is central to the correct functioning of the new system put in place by the ICT Directive. Table n°1 shows the objectives of the study on general licences, the certification process and end-user controls as identified by GRIP for this study. General licences are the main feature of the licensing system promoted by the Directive. Their increased use is meant to reduce the administrative burden related to the excessive use of individual licences for transfers within the EU which are considered unproblematic. More specifically, general licences issued for recipients which are undertakings certified in accordance with Article 9 of the Directive are of particular interest to improve or facilitate the commercial relationships between defence companies. In this regard, the certification process for recipient companies is the necessary counterpart to enable the use of this type of general licence. If no company is certified to receive the defence-related products covered by the general licences published by other Member States, individual and global licences remain the standard for transferring military equipment between European companies. Moreover, the possibility to ease the authorisation process raises the issue of the relevance of introducing or maintaining controls on end-use/end-user for intra-EU transfers - at the licensing phase (ex-ante) and after the delivery (ex-post) - and oversight on possible re-export outside the European Union. According to the Commission, "some Member States have raised the need to get additional guarantees on the safe shipment and delivery of arms within the EU and to minimise the risk of diversion". This study aims to clarify these three aspects through the analysis of the current practice and the points of view of relevant stakeholders on the implementation of Directive 2009/43/EC.