|  About  |  Contact  |  FAQ  |  Links  |  Jobs  |  

Stockholm International Peace Research Institute
Skip to content.
Sections

National arms export policies of the 15 EU Members States

Return to project home page
Return to previous page

Aspects of national export control systems of EU Member States: Transshipment, Re-export and End-user Statements


The following COARM document contains answers provided by the delegations of the 15 EU Member States regarding their respective current national policies on arms exports. The document was issued by the General Secretariat of the Council and dated 6 May 1998. It is based on a questionnaire concerning specifically transshipment, re-export and end user statements related to conventional arms transfers. The 15 EU delegations answered the following questions:

A. TRANSSHIPMENT

1. On which basis is control on transshipment exerted?

2. Does transshipment always require authorisation?

3. Is it possible to withhold permission of transshipment?

4. Is an export licence of the country of origin obligatory?

5. Is an end-user statement from the recipient country or company obligatory?

 

B. RE-EXPORT

1. Is a (non) re-export clause legally required?

2 Are re-export conditions decided on a case-by-case basis?

 

C. END USER STATEMENT

1. Is an end user statement obligatory for exports?

2. Control of exports arriving at the end user?

3. End user statements by companies or by authorised government agencies?

 

GLOSSARY

EUC= End User Certificate (=EUS)
EUS= End User Statement
IIC = International Import Certificate

 

 

COARM QUESTIONNAIRE ON TRANSSHIPMENT, RE-EXPORT AND END USER STATEMENT

 A. TRANSSHIPMENT
Member State 1. On which basis is control on transshipment exerted?  2. Does transshipment always require authorisation?  3. Is it possible to withhold permission of transshipment?  4. Is an export licence of the country of origin obligatory?  5. Is an end-user statement from the country or company obligatory?
AUSTRIA Federal Law on import, export and transit of war material. Yes. authorisation required for all transit of war material, especially transit by air. Requirements for transit are the same as those for export. No. Not required in every case. Depends on material and destination.
BELGIUM Law 5.8.1991 and Royal Decree 8.3.1993 on import, export and transit of weapons for military use. Yes. authorisation required for all commercial transshipments. Yes, if not in line with arms export policy. Applications are treated in the same way as export applications. Applications for transit must be accompanied by an authorisation of the exporting country. May be requested in specific cases.
DENMARK Weapons regulations. Yes. Always required. Applications treated in the same way as export applications. Transshipment permits may be withheld if not in line with export policy. Import certificate required. EUS not obligatory. EUS may be required due to a specific and individual evaluation.
FINLAND Act on the Export and Transit of Defence Material (242/1990), Decree (108/1997), Decision of Council of State (474/1995) and Decision of Ministry of Defence (197/1995) given by virtue thereof. Individual licence is required for every transfer/ transit through Finnish territory. A transshipment application can be withheld on same basis as export licence (legal basis in line with export policy). A copy of the export licence of the country of origin is required. End-user certificate is usually required.
FRANCE Decree-Law 18.4.1939; Decree 6.5.1995 Yes, except as otherwise provided (transit by rail and transshipment without drop). Applications may be refused in the same way as export applications. Not a mandatory requirement No.
GERMANY War Weapons Control Act. Yes. authorisation required for all commercial transshipments. Yes, if not in line with arms export policy. Applications treated in the same way as export applications. Mandatory. Yes, unless destination country is a member of NATO or EU.
GREECE Law 2168/93 On weapons, ammunitions and explosives, Joint Ministerial Order no 3009/2/21C. Yes. authorisation valid for 3 months. Application may be rejected:

a) embargo
b) supporting documents incomplete or inaccurate
c) reasons of national security or interest.

No. But a copy of the EL may be requested. Copy of end-user statement or of IIC.
IRELAND Customs Consolidation Act, 1876; Control of Exports, 1996- Article 3. Yes. Always required. Yes, the Minister for Enterprise, Trade and Employment has the authority to refuse an export licence under the Control of Exports Act, 1983. Not obligatory but may be requested in certain circumstances. All applications for military exports must be accompanied by end-user statement.
ITALY   Yes. Always required. Authorisation can be withheld for good reasons (same rules as import- export). Yes. Always required. Yes. Document engaging recipient country's Government (depends on country of destination and material involved).
LUXEMBOURG Law 5.8.1963 on import, export and transit; reg. 31.10. 1995 on import, export and transit of arms, etc. Yes. Always required. Application submitted to the same rules as for export. May be withheld or rejected if conditions are not met or not in line with national (export) policy. Application for transit should be accompanied by a document by which country of origin authorizes export. Depends on destination and material involved. Evaluation on a case-by-case basis.
NETHERLANDS Arms and Ammunition Law (1986); Decree on the Export of Strategic Goods (1963). No authorisation needed if transshipment within 7 days (air) or 14 days (sea). Yes, possibility to withhold permission for transshipment exists. Not obligatory. May be requested in specific cases. Yes. EUS or statement of competent authorities of importing country.
PORTUGAL Decree-law 1/86. Yes. Transit always requires an authorisation. Same requirements as for export licences. Copy of EL obligatory. No. (Responsibility of export country)
SPAIN Royal Decree 2114/78; Royal Decree 137/1993. Yes. Always required. Yes, authorisation may be refused if transshipment does not fit with legal conditions or for political reasons (embargoes). No. No.
SWEDEN Military Equipment Act, art. 6. Yes. Always required. Yes. For example if transshipment not in line with national guidelines. Not obligatory. No. (Responsibility of export country).
UNITED KINGDOM Export of Goods (Control) Order 1994. Not always required; not for all but a number of prohibited destinations; conditions to be met. Yes in case of end-use concerns or if the destination is one of the prohibited countries. Not a mandatory requirement. End User undertaking for all individual transshipment licences.

[Return to top]

 Member State B. RE-EXPORT C. END USER STATEMENT
1. Is a (non-) re-export clause legally required? 2. Are re-export conditions decided on a case-by-case basis? 1. Is an end user statement obligatory for exports? 2. Control of exports arriving at the end user? 3. End user statements by companies or by authorised government agencies?
AUSTRIA Not required by law. Included in EUC. Conditions follow the obligations set out in the EUC. Decisions on a case-by-case basis. Diplomatic missions abroad may be requested to check arrival at destination. EUC must be issued by competent authority.
BELGIUM EUC contains commitment on non re-exportation of the goods. Yes. Yes. EUC must accompany application (IIC for some countries). Proof of arrival at destination to be provided within 3 months. EUC must be issued by governmental authorities of recipient state. EUC to be verified by diplomatic services abroad.
DENMARK Not required by law. A contract or permission may contain non re-export clause. Yes. No. An EUS might be required due to specific and individual evaluation. Import certificate, final user declaration, delivery verification certificate. EUS has to be authorised by government agencies.
FINLAND By law the authority granting the licence may oblige the applicant to provide non re-export assurances. In practice an End User Certificate (EUC) is always required. Yes. Yes. Own production declaration (OPD) is used instead of an EUC when components or subsystems are exported. The Finnish authority granting the licence must be provided with a Customs clearance certificate issued by the Customs authority of the recipient country. End user Certificate must be issued by competent national authority of the country of final destination. OPDs are issued by private companies.
FRANCE Conditions set out in Decree 2.10.1992. Yes. Yes. Unless export concerns small quantities of small arms. Proof of arrival at destination to be provided within 3 months (customs documents or governmental justification; possible controls by diplomatic missions). EUC by official authority if consignee is an official agency, otherwise EUC may be established by company with non re-export engagement.
GERMANY Not required by law. However, to be submitted by exporter if shipment concerns war weapons (no value limit) or other military equipment with a value of more than 500 000 DEM. Yes. Yes. To be presented before an EL can be granted. Various customs procedures. EUS by companies only for military equipment with a value below 5 000 000 DEM.
GREECE Not required by law. May be incorporated in contracts. Yes. Yes. Always obligatory. Control through EUS, IIC, delivery verification, import customs declaration. EUS must be approved by competent government authorities.
IRELAND Not required by law but is required in certain circumstances. Yes. All applications for military exports must be accompanied by an end-user statement. No. EUS given by companies are acceptable.
ITALY Re-export is considered as export of materials temporarily imported. Yes. Case-by-case evaluation. End User certificate or IIC required (EU statement is a document released by end user company). Final destination document must be exhibited in due time. Documents must be released by government authorities.
LUXEMBOURG A non re-export commitment may be required. Yes. Application for export licence must come with a final destination/use document, for some countries an IIC. Control by customs documents, or by any document proving acceptance by competent authority. Documents have to be established by or certified by an official authority of the country of destination.
NETHERLANDS Not required by law. In practice, contracts may contain non re-export clause. Yes. EUS to be presented with application. IIC for a limited number of countries. Generally no EUS for direct shippings to government body. Generally no controls. Presentation of Delivery Verification Certificate or Import Verification Document within 2 months after shipment. In all cases, EUS needs to be legalised by competent authorities in the country of destination.
PORTUGAL No. A non re-export clause included in end-user certificate. Yes. Yes. But not for exports to EU partners, and not for demonstrations or reparation purposes. Exporter must present delivery certificate or equivalent issued by importing country's authorities. EUS must be authorised by government agencies.
SPAIN No re-exportation clause within EUC. Export of war material always with non re-exportation clause. Export of war material only with EUC (also for EU). Export of military (non-war) materials with IIC and EUS. Generally no controls, only if doubts about final destination (control by diplomatic representation). EUC by government agencies if export concerns war material; for other military material EUC can be established by company.
SWEDEN Not required by law. Yes. Yes (in practice, not by law). Not for demonstration or for reparation. Generally no such controls. Equipment for combat purposes needs a governmental EUS. For other equipment, a company made EUS is acceptable.
UNITED KINGDOM Not legally required. Only requested where appropriate. Yes. EUS requested for all individual export licences. exceptions for OIEL and OGEL. Generally, no. EUS given by companies are acceptable.

Return to top

Any reproduction of text and data is authorized only by permission, SIPRI March 2004.