Information note — Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items — Information on measures adopted by Member States in conformity with Annexes II.b to II.f
Date: 2013-05-30
Institutions: European Commission
Subjects: EU Member State, dual-use good, export (EU), export monitoring








C_2013151EN.01001501.xml










30.5.2013   


EN


Official Journal of the European Union


C 151/15





INFORMATION NOTE
Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (1) — Information on measures adopted by Member States in conformity with Annexes II.b to II.f
2013/C 151/10
Annexes II.b to II.f to Regulation (EC) No 428/2009, as amended by Council Regulation (EU) No 1232/2011, provide that any exporter who uses an EU General Export Authorisation (EUGEA) must notify the competent authorities of the Member State where he is established of the first use of the authorisation no later than 30 days after the date when the first export took place or, alternatively, and in accordance with a requirement by the relevant competent authority, prior to the first use of this authorisation. Annexes II.b to II.f to Regulation (EC) No 428/2009 also stipulate that Member States shall notify the Commission of the notification mechanism chosen for the first use of EU General Export Authorisations Nos EU002 to EU006. Furthermore, Annexes II.b to II.f provide for the possibility for Member States to impose other requirements such as registration of exporters and reporting requirements. The Commission shall publish the information notified to it in the C series of the Official Journal of the European Union.
1.   INFORMATION PROVIDED BY MEMBER STATES REGARDING THE NOTIFICATION MECHANISM CHOSEN FOR THE FIRST USE OF UNION GENERAL EXPORT AUTHORISATIONS Nos EU002, EU003, EU004, EU005 AND EU006

The ‘Conditions and requirements for use’ of EU General Export Authorisations Nos EU002 to EU006 require the Commission to publish measures chosen by Member States regarding the notification mechanism for the first use of these authorisations. The table below provides an overview of the measures taken by Member States and that have been notified to the Commission. The detailed measures, as notified to the Commission, are set out immediately thereafter.






Member State


Mechanism to notify of the first use of EU General Export Authorisations Nos EU002, EU003, EU004, EU005 and EU006




BELGIUM


Prior to the first use of the authorisation




BULGARIA


No later than 30 days after the date when the first export took place




CZECH REPUBLIC


No later than 30 days after the date when the first export took place




DENMARK


No later than 30 days after the date when the first export took place




GERMANY


No later than 30 days after the date when the first export took place




ESTONIA


Prior to the first use of the authorisation




IRELAND


No later than 30 days after the date when the first export took place




GREECE


No later than 30 days after the date when the first export took place




SPAIN


No later than 30 days after the date when the first export took place




FRANCE


Prior to the first use of the authorisation




ITALY


Prior to the first use of the authorisation




CYPRUS


No later than 30 days after the date when the first export took place




LATVIA


No later than 30 days after the date when the first export took place




LITHUANIA


No later than 30 days after the date when the first export took place




LUXEMBOURG


Prior to the first use of the authorisation




HUNGARY


Prior to the first use of the authorisation




MALTA


No later than 30 days after the date when the first export took place




NETHERLANDS


Prior to the first use of the authorisation




AUSTRIA


Prior to the first use of the authorisation




POLAND


No later than 30 days after the date when the first export took place




PORTUGAL


No later than 30 days after the date when the first export took place




ROMANIA


No later than 30 days after the date when the first export took place




SLOVENIA


No later than 30 days after the date when the first export took place




SLOVAKIA


No later than 30 days after the date when the first export took place




FINLAND


No later than 30 days after the date when the first export took place




SWEDEN


No later than 30 days after the date when the first export took place




UNITED KINGDOM


No later than 30 days after the date when the first export took place




1.1.   Belgium

The first use of EU General Export Authorisations is conditioned upon a prior registration and notification that should be carried out by means of a specific form available on the website of the competent licensing authority:






—


Flemish Region: http://www.vlaanderen.be/csg










—


Walloon Region: http://economie.wallonie.be/Licences_armes/2U/Types_licences.html










—


Brussels-Capital Region: (under construction).




According to the national administrative practice, the registration shall be performed prior to the first use of EUGEA.
Moreover, the exporters should provide the licensing authorities on a yearly basis with the information regarding the exported dual-use items, quantities, details on exporter/end-user and end-use. This may take the form of a report.
Additional record-keeping commitment (at least for three years) requires the storage of commercial documents related to the exports under EUGEAs (i.e. invoices, manifests, etc.).
1.2.   Bulgaria

The notification mechanism for all EU General Export Authorisations derives directly from Regulation (EU) No 1232/2011 and requires exporters to send a notification within 30 days after the date when the first export took place.
1.3.   Czech Republic

The first use of EU General Export Authorisations is conditioned upon registration with the Ministry of Industry and Trade under Section 6 of Act No 594/2004 Coll. The exporter is required to indicate the number of the EUGEA concerned. The Ministry shall confirm the exporter’s registration within 10 days from the date of written submission.
In accordance with the provisions of Regulation (EU) No 1232/2011, the exporter is also required to notify the first export no later than 30 days after the date when it took place.
Furthermore, the exporter shall report, upon request from the Ministry, about exports carried out in accordance with EUGEAs.
1.4.   Denmark

The notification mechanism for all EU General Export Authorisations derives directly from Regulation (EU) No 1232/2011 and requires exporters to send a notification within 30 days after the date when the first export took place.
1.5.   Germany

Germany applies to all EU General Export Authorisations the notification mechanism, which allows the exporters to notify the first use of the respective EUGEA to the Federal Office of Economics and Export Control no later than 30 days after the date when the first export took place.
In order to submit the notification, exporters need to register electronically. Please find further information on the website: http://www.ausfuhrkontrolle.info/ausfuhrkontrolle/de/antragstellung/agg_antragstellung/index.html
In addition, exporters have to report export transactions made under EUGEAs each semester. The exporter should provide electronically information about the exported items, the value, details on exporter and consignee.
1.6.   Estonia

According to Article 25.4 of the Estonian Strategic Goods Act, registration and notification with the Strategic Goods Commission, as the responsible authority, are required before the first use of EU General Export Authorisations.
Article 29.2 explains the procedure of application for registration as an EUGEA user and stipulates a timeline of 10 working days as of the date of receipt of the application and all the required documents. The applicant shall be informed in writing of the registration as an EUGEA user and relevant data be entered into a database (Article 30.1).
Article 35.2 stipulates that the registered EUGEA user is required to submit a written report twice a year about its activities to the Strategic Goods Commission. The report shall be prepared for each previous half-year as at 30 June and 31 December and shall be submitted within 30 calendar days as of the end of the reporting period.
According to Article 35.1, the registered EUGEA user is required to keep record and preserve the documents concerning the description of the goods; the quantity and value of the goods; the dates of the transfer of goods; the names and addresses of the parties to the transaction; the end-use and end-user. The records must be kept at least 10 years as of 1 January of the year following the preparation of the document.
1.7.   Ireland

Any exporter established in Ireland and who uses the EU General Export Authorisations is required to notify the Irish Export Licensing Unit of the first use of the authorisation no later than 30 days after the date when the first export took place.
1.8.   Greece

The notification mechanism for all EU General Export Authorisations derives directly from Regulation (EU) No 1232/2011 and requires exporters to send a notification within 30 days after the date when the first export took place.
1.9.   Spain

The notification mechanism for all EU General Export Authorisations derives directly from Regulation (EU) No 1232/2011 and requires exporters to send a notification within 30 days after the date when the first export took place.
1.10.   France

According to the national administrative practice, the first use of EU General Export Authorisations is conditioned upon prior registration and notification that should be carried out by means of a specific form available on the website of the competent licensing authority (http://www.dgcis.redressement-productif.gouv.fr/biens-double-usage/telechargements).
1.11.   Italy

The Ministerial Information Order No PCI/79931 states that Italian exporters must notify their intention to use EU General Export Authorisations within 30 days before the first use.
In addition, exporters must report export transactions made under EUGEAs each semester.
Information regarding notification procedures can be found on the Ministry of Economic Development website:
http://www.mise.gov.it/index.php?option=com_content&view=article&viewType=0&idarea1=564&idarea2=700&idarea3=0&andor=AND&sectionid=2,12&andorcat=AND&idmenu=1406&partebassaType=0&MvediT=1&showMenu=1&showCat=1&id=2022475&idarea4=0&idareaCalendario1=0&showArchiveNewsBotton=0&directionidUser
1.12.   Cyprus

The notification mechanism for all EU General Export Authorisations derives directly from Regulation (EU) No 1232/2011 and requires exporters to send a notification within 30 days after the date when the first export took place.
1.13.   Latvia

The notification mechanism for all EU General Export Authorisations derives directly from Regulation (EU) No 1232/2011 and requires exporters to send a notification within 30 days after the date when the first export took place.
1.14.   Lithuania

According to Article 57 of the Licensing Rules on Export, Import, Transit, Brokering and Intra-Community Transfers of Strategic Goods approved by Government Resolution No 617 of 29 May 2012, exporters shall notify the Ministry of Economy about the intention to use EU General Export Authorisations at least 10 working days prior to the first use of the authorisation.
1.15.   Luxembourg

According to the national administrative practice, the first use of an EU General Export Authorisation is conditioned upon a prior notification that should be carried out by means of a specific form which is available on the website of the competent licensing authority:
http://www.eco.public.lu/attributions/dg5/d_commerce_exterieur/office_licences/import_export/controle_export/2usage/2usage_licences/index.html
or
http://www.guichet.lu/biens-DU
Moreover, the exporter must keep records of exports under EUGEAs (records should contain in particular all commercial and shipping documents related to the exports including detailed information of the exported dual-use items (quantities, value, description, etc.), date of exports, details on exporter, end-user and end-use) for a period of 10 years. Records must be presented upon request of licensing authority.
1.16.   Hungary

According to Article 3(1) of Government Decree No 13/2011 (II. 22.) on the foreign trade authorisation of dual-use items, as amended, Hungary prescribes a prior registration requirement for the first use of the EU General Export Authorisations.
Prior registration before the first use of an EU General Export Authorisation is the method chosen to fufill the notification duties at the same time.
Furthermore, Article 13(4) of Government Decree No 13/2011 (II. 22.) on the foreign trade authorisation of dual-use items, as amended, provides for a six-monthly reporting requirement of the actual use of the EUGEAs.
1.17.   Malta

The notification mechanism for all EU General Export Authorisations derives directly from Regulation (EU) No 1232/2011 and requires exporters to send a notification within 30 days after the date when the first export took place.
1.18.   Netherlands

According to Article 5.a of the Uitvoeringsregeling strategische goederen, exporters are only allowed to use EU General Export Authorisations after an ex ante registration at least two weeks in advance of the first use.
1.19.   Austria

According to Article 59.5 of the 2011 Foreign Trade Act, Federal Law Gazette Part I, No 26, the intention to use an EU General Export Authorisation must be notified to the Minister for Economy, Family and Youth before the first use of the EU General Export Authorisation for the purpose of registration. The notification must specify which EU General Export Authorisation(s) will be used.
According to Article 59.1 of the abovementioned Act, EUGEAs may only be used by registered persons or entities. According to Article 59.6, the exporter is to be added to the register within 10 working days and is to be informed about the registration. In addition, Article 16.2 of the 2011 First Foreign Trade Ordinance, Federal Law Gazette Part II, No 343, specifies the detailed requirements for the content of the registration.
Article 16.3 of the aforementioned Ordinance stipulates that all registered persons and entities have to report aggregated data on their transactions by 1 March each year for the past calendar year. The data have to comprise goods or categories of goods, including CN codes, consignees and known end-users, total amounts and total values. They are to be provided for each General Export Authorisation separately.
1.20.   Poland

According to the Act of 29 November 2000 on foreign trade in goods, technologies and services of strategic importance to the security of the State and to maintaining international peace and security, Poland requires exporters to notify the first use of the respective EU General Export Authorisation to the Economic Security Department no later than 30 days after the date when the first export took place.
Registration is required, through the website of the Ministry of Economy.
Poland has also introduced yearly reporting requirements for the use of EUGEAs.
1.21.   Portugal

The notification mechanism for all EU General Export Authorisations derives directly from Regulation (EU) No 1232/2011 and requires exporters to send a notification within 30 days after the date when the first export took place.
1.22.   Romania

Article 13 of the Government Ordinance No 119/2010, amended by Government Ordinance No 12/2012, states that exporters who use EU General Export Authorisations are obliged to register to ANCEX (Department for Export Controls) prior to the first use of these authorisations. ANCEX will confirm the registration within 10 working days of receipt.
Exporters using EUGEAs shall notify ANCEX regarding the first use of these authorisations no later than 30 days after the date when the first export took place.
Moreover, exporters must report on the use of EUGEAs every month.
1.23.   Slovenia

The notification mechanism chosen in Slovenia for all EU General Export Authorisations is notification within 30 days after the date when the first export took place. This is set in the change of the Decree on the procedures for issuing authorisations and certificates and on competence of the Commission for the control of exports of dual use items (Official Gazette — OG RS No 42/12, Article 7).
Reporting is required twice a year.
1.24.   Slovakia

The notification mechanism for all EU General Export Authorisations derives directly from Regulation (EU) No 1232/2011 and requires exporters to send a notification within 30 days after the date when the first export took place.
1.25.   Finland

According to paragraph 3.a of Dual Use Act No 562/1996 (as amended), exporters shall notify the Ministry of Foreign Affairs of the use of an EU General Export Authorisation no later than 30 working days after the date when the first export took place.
1.26.   Sweden

The notification mechanism for all EU General Export Authorisations derives directly from Regulation (EU) No 1232/2011 and requires exporters to send a notification within 30 days after the date when the first export took place.
1.27.   United Kingdom

The notification mechanism for all EU General Export Authorisations derives directly from Regulation (EU) No 1232/2011 and requires exporters to send a notification within 30 days after the date when the first export took place.


(1)  OJ L 134, 29.5.2009, p. 1.