Certification under Article 9 of Directive 2009/43/EC
The law implementing the directive on defence-related products entered into force on 4 August 2011 (Federal Law Gazette No. 41 page 1595)
An application form and the “list of criteria” to be completed as well as an Information Leaflet dealing with the certification procedure may be downloaded here.
The Register of the Certified Defence-Related Enterprises (CERTIDER – Data Bank of the European Commission) provides information about enterprises that are certified under Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying the terms and conditions for the transfer of defence-related products within EU.
This register contains the list of competent authorities for certification, the list of certified enterprises, the details about certificates and the links to the relevant legislation.
A link to CERTIDER is available under „Other documents“.
On 10 June 2009 the Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying the terms and conditions of transfers of defence-related products within the Community (directive on defence related products) was published in the Official Journal of the European Union. The major aim of this directive is to simplify licensing procedures for defence-related goods listed in Part I Section A of the Export Control List within the EU.
Therefore, the directive stipulates i. a. that by 30 June 2012 the EU Member States publish further general licences which simplify certain transfers of defence-related products listed in Part I Section A of the Export Control List, including transfers to recipients certified as reliable within the EU.
The general licence for transfers to certified reliable recipients is an instrument so far unknown in export control. While the reliable company has benefited from simplified export procedures up to now, the purpose of certification under the directive on defence-related products is that the supplier to the certified undertaking may use a general licence to deliver its products to the certified company. Consequently, the advantage to the certified undertaking is not a facilitation of its exports and transfers, but a simplified reception of defence-related products and, thus, a secure supply chain.
Such a facilitation presupposes, however, that the terms and conditions of certifying companies as reliable are harmonised within the EU and are applied on the basis of equal standards. Therefore Article 9 of the directive on defence-related products defines the certification criteria and requirements of the certification procedure.