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Directive 2009/43/EC of the European Parliament and of the CouncilShow full 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 (Text with EEA relevance)

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CHAPTER IVCUSTOMS PROCEDURES AND ADMINISTRATIVE COOPERATION

Article 11Customs procedures

1.Member States shall ensure that, when completing the formalities for the export of defence-related products at the customs office responsible for handling the export declaration, the exporter furnishes proof that any necessary export licence has been obtained.

2.Without prejudice to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(1), a Member State may also, for a period not exceeding 30 working days, suspend the process of export from its territory of defence-related products received from another Member State under a transfer licence and incorporated in another defence-related product or, if necessary, prevent by other means such products from leaving the Community from its territory, where it considers that:

(a)relevant information was not taken into account when the export licence was granted; or

(b)circumstances have materially changed since the grant of the export licence.

3.Member States may provide that customs formalities for the export of defence-related products can be completed only at certain customs offices.

4.Member States availing themselves of the option set out in paragraph 3 shall inform the Commission of the relevant customs offices. The Commission shall publish that information in the C series of the Official Journal of the European Union.

Article 12Exchange of information

Acting in liaison with the Commission, Member States shall take all appropriate measures to establish direct cooperation and exchange of information between their national competent authorities.

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