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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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EU Directives are published on this site to aid cross referencing from UK legislation. Since IP completion day (31 December 2020 11.00 p.m.) no amendments have been applied to this version.

  1. Introductory Text

  2. CHAPTER I SUBJECT MATTER, SCOPE AND DEFINITIONS

    1. Article 1.Subject matter

    2. Article 2.Scope

    3. Article 3.Definitions

  3. CHAPTER II TRANSFER LICENCES

    1. Article 4.General provisions

    2. Article 5.General transfer licences

    3. Article 6.Global transfer licences

    4. Article 7.Individual transfer licences

  4. CHAPTER III INFORMATION, CERTIFICATION AND EXPORT AFTER TRANSFER

    1. Article 8.Information to be provided by suppliers

    2. Article 9.Certification

    3. Article 10.Export limitations

  5. CHAPTER IV CUSTOMS PROCEDURES AND ADMINISTRATIVE COOPERATION

    1. Article 11.Customs procedures

    2. Article 12.Exchange of information

  6. CHAPTER V UPDATING OF THE LIST OF DEFENCE-RELATED PRODUCTS

    1. Article 13.Adaptation of the Annex

    2. Article 14.Committee procedure

  7. CHAPTER VI FINAL PROVISIONS

    1. Article 15.Safeguard measures

    2. Article 16.Penalties

    3. Article 17.Review and reporting

    4. Article 18.Transposition

    5. Article 19.Entry into force

    6. Article 20.Addressees

    1. ANNEX

      1. LIST OF DEFENCE-RELATED PRODUCTS

        1. Note 1: Terms in “ quotations ” are defined terms. Refer to...

        2. Note 2: In some instances chemicals are listed by name and CAS...

        3. Smooth-bore weapons with a calibre of less than 20 mm,...

          1. Note 1 ML1 does not apply to smooth-bore weapons used for hunting...

          2. Note 2 ML1 does not apply to firearms specially designed for dummy...

          3. Note 3 ML1 does not apply to weapons using non-centre fire cased...

          4. Note 4 ML1.d. does not apply to optical weapon sights without electronic...

        4. Smooth-bore weapons with a calibre of 20 mm or more,...

        5. Ammunition and fuse setting devices, as follows, and specially designed...

          1. Note 1 Specially designed components specified by ML3 include:

          2. Note 2 ML3.a. does not apply to ammunition crimped without a projectile...

          3. Note 3 ML3.a. does not apply to cartridges specially designed for any...

        6. Bombs, torpedoes, rockets, missiles, other explosive devices and charges and...

          1. N.B.1: For guidance and navigation equipment, see ML11 .

          2. N.B.2: For Aircraft Missile Protection Systems (AMPS), see ML4.c .

        7. Fire control, and related alerting and warning equipment, and related...

        8. Ground vehicles and components, as follows:

          1. N.B. For guidance and navigation equipment, see ML11 .

          2. N.B. See also ML13.a

          3. Note 1 ML6.a. includes:

          4. Note 2 Modification of a ground vehicle for military use specified by...

          5. Note 3 ML6 does not apply to civil automobiles, or trucks designed...

        9. Chemical or biological toxic agents, “ riot control agents ”...

          1. Note 1 ML7.b. and ML7.d. do not apply to the following:

          2. Note 2 The cultures of cells and biological systems specified by ML7.h....

        10. “ Energetic materials ” , and related substances, as follows:...

          1. N.B.1. See also 1C011 on the EU Dual-Use List .

          2. N.B.2. For charges and devices, see ML4 and 1A008 on the...

          3. Technical Notes

            1. 1. For the purposes of ML8, mixture refers to a composition...

            2. 2. Any substance listed in the ML8 sub-items is subject to...

          4. Note 5 Not used since 2009

          5. Note 6 ML8 does not apply to the following substances unless they...

        11. Vessels of war (surface or underwater), special naval equipment, accessories,...

          1. N.B. For guidance and navigation equipment, see ML11 .

        12. “ Aircraft ” , “ lighter-than-air vehicles ” , unmanned...

          1. N.B. For guidance and navigation equipment, see ML11 .

          2. Note 1 ML10.b. does not apply to “ aircraft ” or variants...

          3. Note 2 ML10.d. does not apply to:

          4. Note 3 ML10.b. and ML10.d. on specially designed components and related equipment...

        13. Electronic equipment, not specified elsewhere on the EU Common Military...

        14. High velocity kinetic energy weapon systems and related equipment, as...

          1. N.B. For weapon systems using sub-calibre ammunition or employing solely chemical...

          2. Note 1 ML12 includes the following when specially designed for kinetic energy...

          3. Note 2 ML12 applies to weapon systems using any of the following...

        15. Armoured or protective equipment, constructions and components, as follows:

          1. Note 1 ML13.b. includes materials specially designed to form explosive reactive armour...

          2. Note 2 ML13.c. does not apply to conventional steel helmets, neither modified...

          3. Note 3 ML13.c. and d. do not apply to helmets, body armour...

          4. Note 4 The only helmets specially designed for bomb disposal personnel that...

          5. N.B. 1 See also entry 1A005 on the EU Dual-Use List ....

          6. N.B. 2 For “ fibrous or filamentary materials ” used in the...

        16. ‘ Specialised equipment for military training ’ or for simulating...

          1. Technical Note

          2. Note 1 ML14 includes image generating and interactive environment systems for simulators,...

          3. Note 2 ML14 does not apply to equipment specially designed for training...

        17. Imaging or countermeasure equipment, as follows, specially designed for military...

          1. Note 1 In ML15, the term specially designed components includes the following...

          2. Note 2 ML15 does not apply to “ first generation image intensifier...

            1. N.B. For the classification of weapons sights incorporating “ first generation...

          3. N.B. See also 6A002.a.2. and 6A002.b. on the EU Dual-Use List...

        18. Forgings, castings and other unfinished products, specially designed for items...

          1. Note ML16. applies to unfinished products when they are identifiable by...

        19. Miscellaneous equipment, materials and ‘ libraries ’ , as follows,...

          1. Technical Notes

            1. 1. For the purpose of ML17, the term ‘ library ’...

            2. 2. For the purpose of ML17, ‘ modified ’ means any...

        20. Production equipment and components, as follows:

          1. Technical Note

          2. Note ML18.a. and ML18.b. include the following equipment:

        21. Directed Energy Weapon (DEW) systems, related or countermeasure equipment and...

          1. Note 1 DEW systems specified by ML19 include systems whose capability is...

          2. Note 2 ML19 includes the following when specially designed for DEW systems:...

        22. Cryogenic and “ superconductive ” equipment, as follows, and specially...

        23. “ Software ” , as follows:

        24. “ Technology ” as follows:

      2. DEFINITIONS OF TERMS USED IN THIS LIST

        1. Note 1 Definitions apply throughout the List. The references are purely advisory...

        2. Note 2 Words and terms contained in this List of Definitions only...

        3. ML7 “ Adapted for use in war ”

        4. ML8 “ Additives ”

        5. ML8, ML9 and ML10 “ Aircraft ”

        6. ML11 “ Automated Command and Control Systems ”

        7. ML22 “ Basic scientific research ”

        8. ML7 and 22 “ Biocatalysts ”

          1. Technical Note

        9. ML7 and 22 “ Biopolymers ”

          1. Technical Notes

            1. 1. ” Anti-idiotypic antibodies ” means antibodies which bind to the...

            2. 2. ” Monoclonal antibodies ” means proteins which bind to one...

            3. 3. ” Polyclonal antibodies ” means a mixture of proteins which...

            4. 4. ” Receptors ” means biological macromolecular structures capable of binding...

        10. ML10 “ Civil aircraft ”

        11. ML21 and 22 “ Development ”

        12. ML17 “ End-effectors ”

          1. Technical Note

        13. ML4 and 8 “ Energetic materials ”

        14. ML8 and 18 “ Explosives ”

        15. ML7 “ Expression Vectors ”

        16. ML 17 “ Fuel cell ”

        17. ML13 “ Fibrous or filamentary materials ”

        18. ML15 “ First generation image intensifier tubes ”

        19. ML22 “ In the public domain ”

          1. Note: Copyright restrictions do not remove “ technology ” or “...

        20. ML5 and 19 “ Laser ”

        21. ML10 “ Lighter-than-air vehicles ”

        22. ML17 “ Nuclear reactor ”

        23. ML8 “ Precursors ”

        24. ML21 and 22 “ Production ”

        25. ML8 “ Propellants ”

        26. ML4 and 8 “ Pyrotechnic(s) ”

        27. ML22 “ Required ”

        28. ML7 “ Riot control agents ”

        29. ML17 “ Robot ”

          1. Note The above definition does not include the following devices:

        30. ML21 “ Software ”

        31. ML19 “ Space-qualified ”

        32. ML18 and 20 “ Superconductive ”

          1. Technical Note

        33. ML22 “ Technology ”

          1. Technical Notes

            1. 1. ‘ Technical data ’ may take forms such as blueprints,...

            2. 2. ‘ Technical assistance ’ may take forms such as instruction,...

        34. ML21 and 22 “ Use ”

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