Study on the implementation of Directive 200943EC on transfers of defence-related products

The study of the implementation of Directive 2009/43/EC simplifying terms and conditions of transfers of defence-related products within the Community (also referred to as Directive 2009/43/EC or the Intra-European Union (EU)/Community Transfers (ICT) Directive)1 aims to identify and analyse the current problems in the implementation of the Directive and the obstacles encountered by its main beneficiaries, i.e. the EU Member States and the European defence companies. This final report aims to provide a detailed analysis of the issues and challenges related to the current state of implementation of Directive 2009/43/EC. It is the result of a six-month research (January-June 2014) based on data collected from relevant stakeholders involved in the implementation of the provisions of the ICT Directive. This report is also part of continuing work highlighted in the intermediary report, the context paper and during a seminar organised by the European Commission (hereafter the Commission) on March 31th, 2014 gathering all the relevant stakeholders to discuss the topics at hand.

The final report is structured as follows:

  • The first section summarises the context and the objectives of the study. It briefly describes the goals of Directive 2009/43/EC as part of the 2007 Defence Package from the Commission and the preliminary observations that led to the commission of a study on its implementation. This section also underlines the main focuses of this study – namely general licences, the certification process and end-use controls – and the objectives of the study identified for each of these focus areas.
  • The second section lays down the methodological aspects of the study and the steps of the research. It explains the method used to identify the relevant stakeholders and the types of information collected through open sources. In addition, the types, objectives and the administration of the questionnaires are highlighted. This section also clarifies the modifications done to the sample of interviewees after a discussion with the Commission and the feedbacks from the seminar.
  • The third, fourth and fifth sections contain the observations and analysis on general licences, the certification process and end-use controls (ex-ante and ex-post controls currently applied by Member States on end-user and end-use).
  • The final section presents the conclusions and recommendations to the Commission on the current state of implementation of Directive 2009/43/EC.
  • The Annexes provide an overview of all the questionnaires prepared for this study and examples of end-user certificates used by EU Member States (France and Belgium – Walloon Region).