Government of Flanders Decree Implementing the Flemish Parliament Arms Trade Act of 15 June 2012

GOVERNMENT OF FLANDERS

20 JULY 2012 - Government of Flanders Decree implementing the Flemish Parliament Arms Trade Act of 15 June 2012

THE GOVERNMENT OF FLANDERS,

Having regard to Regulation (EU) No. 258/2012 of the European Parliament and of the Council of 14 March 2012 implementing Article 10 of the United Nations’ Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol), and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition;

Having regard to the Flemish Parliament Arms Trade Act of 15 June 2012, Articles 3, 5, 7, 8, 9, 10, 12, 14, 19, 24, 27, 30, 33, 34, 35, 36, 39, 40, 43, 44, 45, 46, 48 and 49;

Having regard to the advice of the Inspectorate of Finance given on 12 April 2012;

Having regard to Supreme Administrative Court of Belgium Advisory Opinion No. 51544/1 given on 3 July 2012, in application of Article 84, §1, first subsection, point 1, of the Laws on the Supreme Administrative Court of Belgium, coordinated on 12 January 1973;

Considering the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organised Crime signed in New York on 31 May 2001;

Considering the Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment;

Considering the cooperation agreement of 17 July 2007 between the Federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region, relating to the import, export and transit of arms, ammunition and materials specifically intended for military use or law enforcement purposes and associated technology, and dual-use products and technologies;

Considering the Law of 5 August 1991 on the import, export, and transit of and against the illegal trade in arms, ammunition, and materials specifically intended for military use or law enforcement purposes and associated technology;

Considering the Royal Decree of 8 March 1993 regulating the import, export, and transit of arms, ammuntion, and materials specifically intended for military use or law enforcement purposes and associated technology;

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At the proposal of the Flemish Minister of Economy, Foreign Policy, Agriculture and Rural Policy;

Upon deliberation,

HAS DECIDED THE FOLLOWING:

Part 1. General scope and definitions

Article 1. This Government of Flanders Decree is referred to as the Arms Trade Decree of 20 July 2012.

Article 2. As far as the powers of the Flemish Region are concerned, this Decree provides for the further transposition of 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, Council Directive 91/477/EEC of 18 June on control of the acquisition and possession of weapons and Council Directive 93/15/EEC of 5 April 1993 on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses.

Article 3. In this Government of Flanders Decree, the following definitions shall apply: 1. competent service: the Secretary-General of the Flemish Department of Foreign Affairs and the personnel under the authority of and designated by the Secretary- General; 2. Common Military List of the European Union: list of goods to which Council Common Position 2008/944/CFSP defining common rules governing control of exports of military technology and equipment applies, as this is last published in the Official Journal of the European Union; 3. minister: the Flemish minister who exercises authority over the competent service referred to in point 1; 4. non-essential components: the components referred to in the Common Military List of the European Union, the nature and significance of which are limited in relation to the defence-related products in which they will be incorporated.

Article 4. The licences, prior authorisations, certificates as a certified person, preliminary opinions and written confirmations referred to in Articles 9, 10, 15, 16, 22, 23, 34, 36 §2, 38 and 39 §2 of the Flemish Parliament Arms Trade Act are granted, denied, suspended, revoked and restricted by the minister, subsequent to the advisory opinion by the competent service.

A licence, prior authorisation, certificate as a certified person, preliminary opinion and a written confirmation are communicated by the competent service by ordinary or registered letter.

However, the minister can stipulate that the documents referred to in the first subsection can also be communicated by email.

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Article 5. §1. An application for a licence, prior authorisation, certificate as a certified person, preliminary opinion or a written confirmation and notification or registration must be submitted to the competent service by ordinary or registered letter for it to be admissible.

A notification can also be sent by fax or email if that produces an acknowledgement of receipt by the addressee.

The minister can stipulate that an application for a licence, prior authorisation, certificate as a certified person, preliminary opinion, written confirmation or registration can also be submitted by email.

If the application is submitted by email, the competent service issues the respective person with an acknowledgement of receipt by fax or email if that produces an acknowledgement of receipt by the addressee, after having received a complete application or notification.

§2. The competent service makes forms available on the website of the Government of Flanders; these must be used to apply for a licence, prior authorisation, certificate as a certified person, preliminary opinion and written confirmation and to submit a notification or registration.

Article 6. If the competent service deems it useful with a view to supervision of compliance with the Flemish Parliament Arms Trade Act, its implementing decrees or acts on these grounds, it can provide a notification of the following actions to other relevant governmental bodies, including the licencing services of the other Regions, the General Administration of Customs and Excise Duties of the FPS Finance, the Federal Arms Service of the FPS Justice, the State Security Service, the Proof House for Firearms, the public prosecutor of the judicial district where the respective person is established, the federal police, local police, the provincial governor of the province where the respective person is established and the respective competent international and foreign authorities: 1. applications, licence grants or denials, prior authorisations and certificates as a certified person; 2. confirmation of notifications and registrations; 3. preliminary opinions and written confirmations issued; 4. rulings made on suspension, revocation and restrictions of the documents referred to in point 1 and any extension, lifting or restriction thereof; 5. rulings made on temporary exclusions and any extension, lifting or restriction thereof; 6. administrative sanctions imposed.

Part 2. Import, export, transit and transfer of defence-related products, other materials for military use and law enforcement materials

Title 1. Licensing obligations

Chapter 1. Lists of goods

Article 7. In application of Article 3, §1, third subsection of the Flemish Parliament Arms Trade Act, the import, export, transit and transfer of the defence-related products, law

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enforcement materials, civilian firearms, components and ammunition and other goods referred to in the list, included in Annex 1 of this Decree, are prohibited.

In application of Article 7, §2, second subsection of the above-mentioned Flemish Parliament Act, prior notification is required for the transfer to the Flemish Region of the defence-related products referred to in the list, included in Annex 2 of this Decree.

In application of Article 8, §3, second subsection of the above-mentioned Flemish Parliament Act, a licence is required for the import of the defence-related products and law enforcement materials referred to in the list, included in Annex 2 of this Decree.

In application of Article 8, §1, second subsection of the above-mentioned Flemish Parliament Act, a licence is required for the export and transit of the law enforcement materials referred to in the list, included in Annex 3 of this Decree.

Article 8. The minister is authorised to update the references to international agreements and to the Common Military List of the European Union in the lists referred to in Article 7, in such a manner that they correspond strictly to the respective international agreements and the Common Military List of the European Union.

Chapter 2. General licences

Article 9. §1. In application of Article 14, §2 of the Flemish Parliament Arms Trade Act and based on the general licences, listed in Annexes 5 to 9, inclusive, of this Decree, the defence-related products referred to therein can be transferred to other EU Member States directly and without any further licence, subject to the terms and conditions stated in paragraphs 2 and 3.

§2. In application of Article 12, §1 of the above-mentioned Flemish Parliament Act, the use of the general licences referred to in paragraph 1 is subject to the following conditions and restrictions: 1. the general licences may not be used for the transfer of defence-related products for permitted purposes, the transfer of which is prohibited on the grounds of Article 3, §1, first subsection of the above-mentioned Flemish Parliament Act; 2. the general licences may not be used for the definitive transfer of defence-related products if, at the time of the intended transfer, it is an established fact that the end use of the defence-related products shall take place outside the European Union and the end user outside the European Union is known at that time, unless: · a) said end user is formally a part of the armed forces of a Member State of the EU or NATO; b) the export is necessary for the implementation of the intergovernmental cooperation programme between EU Member States for the purposes of the development, production and use of one or more defence-related products that follows on to the respective transfer; c) the country of end use is a Member State of NATO, a Participating State of the Wassenaar Arrangement referred to in Article 16 of this Decree or a friendly or allied country, as referred to in Article 26, §4, first subsection of the above-mentioned Flemish Parliament Act;

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d) the transfer concerns non-essential components, other than non-essential components of sensitive goods, which the consignee will fully integrate into his, her or its own product; 3. defence-related products that are transferred to another Member State on the grounds of a general licence may not be utilised in or exported to a country outside the European Union for the integration into, use of or development or production of defence-related products, the transfer of which is prohibited on the grounds of Article 3, §1, first subsection of the above-mentioned Flemish Parliament Act; 4. defence-related products, which, on the grounds of a general licence, are temporarily transferred to another Member State must be re-transferred to the Flemish Region no later than three years after the temporary transfer.

Persons utilising a general licence in the case referred to in the first subsection, point 2, b), keep written proof that the export is necessary for the implementation of the intergovernmental cooperation programme with which the respective transfer corresponds.

Persons utilising a general licence in the case referred to in the first subsection, point 2, d), keep a written declaration made by the consignee in which the latter declares that the respective components will be integrated into his, her or its own product.

Persons utilising a general licence in the case referred to in the first subsection, point 4 keep written proof of the re-transfer.

§3. In addition to the conditions referred to in paragraph 2, the conditions and restrictions referred to in Articles 10, 14 and 49 of the Flemish Parliament Arms Trade Act and in Articles 5, 10, 11, 12, 29, 30, 31, 57, 58 and 60 of this Decree are attached to the use of the general licences referred to in paragraph 1.

Article 10. §1. For it to be admissible, the competent service must receive the registration referred to in Article 14, §6 of the Flemish Parliament Arms Trade Act, no later than twenty working days before the first intended transfer on the grounds of the respective general licence.

The registration form contains at least the following information: 1. the personal data of the applicant; 2. if applicable, the personal data of the representative of the applicant; 3. the number of the general licence for which registration is requested; 4. the technical details of the defence-related products for which the person concerned wants to use the general licence: a) a technical description of the products; b) an initial classification of the products according to the categories of the Common Military List of the European Union; 5. the application of the defence-related products, in particular a description of the use for which the products were designed or modified; 6. if applicable, a description of the possible application of Article 9, §2, first subsection, point 2, d), of this Decree;

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7. the signature of the persons designated as being personally responsible for import, export, transit and transfer; 8. those persons’ commitment to do the following: a) to allocate a use to the respective defence-related products in accordance with the conditions and restrictions concerning the use of the general licences; b) if applicable, to comply with the obligations concerning to the respective transfer imposed by the customs regulations, the Law of 8 June 2006 regulating economic and individual activities with arms (the Weapons Law) and its implementing decrees and other relevant regulations.

§2. Any useful information on the technical features and capabilities of the respective defence-related products and the possible use thereof is enclosed with the application.

The following documents are also enclosed for the registration: 1. a copy of the applicant’s prior authorisation referred to in Article 10 of the Flemish Parliament Arms Trade Act; 2. if applicable, the documents showing the possible application of Article 9, §2, first subsection, point 2, d), of this Decree.

§3. After the competent service has received all the documents for registration, it provides the respective person with an acknowledgement of receipt.

§4. Within ten working days after the date of the acknowledgement of receipt referred to in paragraph 3, the competent service provides the respective person with an ordinary or registered letter of his, her or its registration.

The registration confirmation contains at least the following information: 1. the contact details of the competent service; 2. a registration number that must be stated on all commercial documents enclosed with deliveries on the grounds of the respective general licence; 3. the personal data of the applicant; 4. if applicable, the personal data of the representative of the applicant; 5. the description of the defence-related products to which the registration applies: a) a technical description of the products; b) the classification of the products according to the categories of the Common Military List of the European Union; c) the allocation, per product, of a product code, on the grounds of which the reports referred to in Article 49 of the Flemish Parliament Arms Trade Act and in Articles 57, 58 and 60 of this Decree must be made; 6. if applicable, the confirmation that the defence-related products actually do fall under the application of Article 9, §2, first subsection, point 2, d), of this Decree; 7. if applicable, a reference to the terms, conditions and restrictions attached to the use of the general licence referred to in Articles 9 and 12 of this Decree; 8. if applicable, a reference to the restrictions that, in application of Article 43 of the Flemish Parliament Arms Trade Act, are attached to the use of the general licence, as referred to in Article 13 of this Decree.

If further examination of the possible application of Article 9, §2, first subsection, point 2, d) is deemed necessary, the competent service provides the confirmation referred to in the second subsection, point 6, if applicable, no later than thirty working

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days after the acknowledgement of receipt referred to in paragraph 3 or, following substantiation of the necessity, ninety working days thereafter.

Article 11. If a certain transfer falls under the scope of more than one general licence, preferential use is made of the general licences for the cases referred to in Articles 14, § 2, points 3 and 4 of the Flemish Parliament Arms Trade Act and, subordinately, of the general licence for the case referred to in Article 14, §2, point 5 of the above-mentioned Flemish Parliament Act.

Article 12. §1. The general licence for the case referred to in Article 14, §2, point 3 of the above-mentioned Flemish Parliament Act may only be used for temporary transfers for demonstration, evaluation or exhibition purposes.

In the case of demonstration, evaluation or exhibition, the respective defence- related products may not be merged into any production process and may not be used for their intended purpose, except to the minimum extent required for effective demonstration, evaluation or exhibition purposes.

After the demonstration, evaluation or exhibition, the respective defence-related products must be re-transferred to the Flemish Region in their original state, and no component or software may be removed, copied or disseminated, with the exception of damage that occurs due to the normal use of the products for demonstration, evaluation or exhibition purposes.

The following definitions apply to the first, second and third subsections: 1. demonstration: a closed presentation of defence-related products in a non-public space to any particular consignee or any number of particular consignees; 2. evaluation: the use of defence-related products for their intended use to the minimum extent required to assess the technical and operational features and capabilities of the respective products for the purposes of possibly purchasing, renting or leasing the respective products; 3. exhibition: a public presentation of defence-related products within the scope of a commercial event of a specific duration, at which several exhibitors make demonstrations of their products to trade visitors or to the general public.

§2. The general licence for the case referred to in Article 14, §2, point 4 of the above- mentioned Flemish Parliament Act may only be used for temporary transfers for maintenance or repairs and for re-transfer to the Flemish Region after maintenance or repairs.

Maintenance or repairs may involve coincidental improvement of the original products, for example resulting from the use of modern spare parts or from use of a later built standard for reliability or safety reasons, provided that this does not result in any enhancement to the functional capability of the products or provide the products with new or additional functions.

Article 13. §1. In application of Article 12, paragraph 1 of the above-mentioned Flemish Parliament Act, the minister also attaches the terms, conditions and restrictions to the use of the general licence that he or she deems necessary in view

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of the criteria referred to in Articles 26 and 28 of the above-mentioned Flemish Parliament Act.

§2. In application of Article 43 of the Flemish Parliament Arms Trade Act and Articles 46 to 49, inclusive, of this Decree, the use of the general licences referred to in Article 9, §1 of this Decree can be suspended or restricted.

Title 2. Procedures and more detailed rules

Chapter 1. Procedure for the application for and granting of and the more detailed rules for licences, as referred to in Articles 15, 16, 22 and 23 of the Flemish Parliament Arms Trade Act

Section 1. Application and granting procedure

Subsection 1. Application

Article 14. §1. An application for a licence referred to in Article 15, 16, 22 or 23 of the Flemish Parliament Arms Trade Act contains at least the following information: 1. the personal data of the applicant; 2. if applicable, the personal data of the representative of the applicant; 3. type of application; a) import, export, transit or transfer; b) temporary or definitive import, export, transit or transfer; c) individual, global or combined licence; 4. the personal data of the sender or senders and of the consignee or consignees; 5. the personal data of the end user or end users, if these are different from the personal data of the consignee or consignees; 6. the country or countries of origin of the defence-related products, the other materials for military use or the law enforcement materials; 7. the country or countries of shipment; 8. the country or countries of destination and country or countries of end use, if this differs or these differ from the country or countries of destination; 9. the technical details of the defence-related products, the other materials for military use or the law enforcement materials; a) a technical description of the goods; b) if applicable, an initial classification of the defence-related products according to the categories of the Common Military List of the European Union; c) the weight and quantity of the goods; d) the value in euros and the tariff code of the goods; 10. the application of the defence-related products, the other materials for military use or the law enforcement materials: a) a description of the use for which the goods were designed or modified; b) a description of the use of the goods as intended by the consignee or consignees and by the end user or end users, if this differs or these differ from that of the consignee or consignees; 11. the signature of the persons designated as being personally responsible for import, export, transit and transfer; 12. that person’s or those persons’ commitment to do the following:

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a) to allocate a use to the respective goods a destination in accordance with the licence for which an application is submitted; b) if applicable, to comply with the obligations concerning the respective transfer imposed by the customs regulations, the Weapons Law of 8 June 2006 and its implementing decrees, and other relevant regulations.

§2. Any useful information on the technical features and capabilities of the goods and the possible use thereof is enclosed with the application.

If applicable, a copy of the document containing the title on which grounds the applicant is entitled, in accordance with the Weapons Law of 8 June 2006 and its implementing decrees, to possess the goods or to acquire them, as referred to in Article 31, §1, first subsection of the above-mentioned Flemish Parliament Act, is enclosed with the application.

The following documents must be enclosed with an application for a licence for export, transit or transfer to another EU Member State: 1. a copy of the applicant’s prior authorisation referred to in Article 10 of the above- mentioned Flemish Parliament Act; 2. a document stating the end user and end use referred to in Articles 19, §2, and 24, §2, of the above-mentioned Flemish Parliament Act; 3. if applicable, a declaration by the end user in which he, she or it undertakes to apply to the Government of Flanders for authorization in the event of re-export, as referred to in Article 19, §3, second subsection and Article 24, §3, second subsection of the above-mentioned Flemish Parliament Act; 4. if applicable, the documents that show that the applicant of an export licence for defence-related products that have been transferred from another EU Member State and that have export restrictions attached to them has complied with the terms and conditions of those export restrictions referred to in Article 25 of the above-mentioned Flemish Parliament Act; 5. if applicable, a declaration, as referred to in Article 20, §2, point 2 of this Decree.

In the case of an application for a transit licence, it is required, if applicable, that a document be enclosed from which it appears that the competent authorities of the country of shipment of the goods have granted the export, as referred to in Article 24, §4 of the above-mentioned Flemish Parliament Act.

Subsection 2. More detailed rules regarding the demand of additional information or guarantees and for the imposition of terms and conditions for granting applications

Article 15. If, after having received an application, the competent service judges that the possibility of demanding additional information or guarantees, as referred to in Article 5, second subsection, Article 19, §3 and Article 24, §3 of the Flemish Parliament Arms Trade Act must be applied, or that the issuance of the licence on the grounds of Article 12, §1 of the above-mentioned Flemish Parliament Act is made to depend on certain conditions, a period amounting to a minimum of ten working days can be set within which such requirements or conditions must be fulfilled.

Article 16 In addition to the exception for transfer and export to Member States of the EU and NATO, the possibility referred to in Article 19, §3, second subsection and Article

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24, §3, second subsection of the Flemish Parliament Arms Trade Act does not apply to the following Participating States of the Wassenaar Arrangement: Argentina, Australia, Japan, Mexico, New Zealand, South Korea, South Africa and Switzerland.

Section 2. More detailed rules

Subsection 1. Content of the licence

Article 17. §1. The licences referred to in Article 15, 16, 22 and 23 of the Flemish Parliament Arms Trade Act contain at least the following information: 1. the contact details of the competent service; 2. the last day of validity; 3. the personal data of the applicant; 4. if applicable, the personal data of the representative of the applicant; 5. type of application; a) import, export, transit or transfer; b) temporary or definitive import, export, transit or transfer; c) individual, global or combined licence; 6. the technical details of the defence-related products, the other materials for military use or the law enforcement materials; a) a technical description of the goods; b) the weight and quantity of the goods; c) the value in euros and the tariff code of the goods; 7. the terms, conditions and provisos referred to in paragraph 2.

The licences for import or transfer to the Flemish Region also contain the following information in addition to the information referred to in the first subsection: 1. the personal data of the consignee or consignees; 2. the country or countries of shipment.

§2. If applicable, the licences contain the terms, conditions and restrictions attached to the use thereof in application of Article 12 of the above-mentioned Flemish Parliament Act.

The licences also contain a proviso that states that, if applicable, the use of the licence is lawful only if the applicant fulfils the obligations that the customs regulations

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and the Weapons Law of 8 June 2006 and its implementing decrees attach to the respective import, export, transit or transfer.

Subsection 2. Validity term, extension and finalisation

Article 18. §1. The licences referred to in Articles 15, 16, 22 and 23 of the Flemish Parliament Arms Trade Act are valid for three years as from the date on which they are granted.

In the case of transit, the validity term of the licence may not exceed the validity term of the import licence for the country of destination.

§2. After the validity term of the licence has expired or after the total of the allowed quantity or allowed weight of the goods has been imported, exported, transited or transferred, the applicant returns the original licence to the competent service and reports on the use thereof, as referred to in Article 49 of the Flemish Parliament Arms Trade Act and in Articles 57 to 62, inclusive, of this Decree.

§3. If, at the time at which the validity term of the licence expires, the allowed quantity or allowed weight of the goods has not been fully imported, exported, transited or transferred, the validity term of the original licence can be extended by the same term for the remaining part if this original licence is submitted to the competent service.

As is the case for the original application, the application for extension is assessed against the criteria referred to in Article 11 or Articles 26 and 28 of the Flemish Parliament Arms Trade Act, as the case may be.

Subsection 3. Licences for temporary import, export or transfer

Article 19. §1. Licences for temporary import, export or transfer are granted on the condition that the respective goods are re-exported, re-imported or re-transferred, as the case may be, within the validity term of the licence.

§2. Applicants submit to the competent service proof of re-export, re-import or re- transfer, as the case may be, no later than two months after this term has expired.

The proof is provided, either by the document issued by the customs administration of the importing or exporting country, from which it appears that the imported or exported goods have been declared, or by another document from which it appears that the goods have been re-exported, re-imported or re-transferred within the term set.

Subsection 4. More detailed rules for imposing the terms and conditions of and restrictions for use

Article 20. §1. If the application relates to the transfer of components referred to in the Common Military List of the European Union, account is taken of the sensitivity of the transfer when the conditions or restrictions, as referred to in Article 12 of the Flemish Parliament Arms Trade Act, are considered.

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A transfer is regarded as not being sensitive if the competent service is of the opinion that non-essential components are concerned and that the nature of the non- essential components in relation to the possible end use of the products in which they will be integrated would not lead to concern on the grounds of the criteria referred to in Articles 26 and 28 of the above-mentioned Flemish Parliament Act.

§2. With the exception of the transfer of non-essential components of sensitive goods, no restrictions whatsoever are imposed on the end use or on the export after transfer if: 1. the competent service is of the opinion that, on the grounds of paragraph 1, the transfer is not sensitive; and 2. the applicant presents a declaration from the consignee that the respective components will be integrated into his, her or its own product and, with the exception of maintenance or repair services, cannot be transferred or exported as such.

Chapter 2. More detailed rules for the notification referred to in Article 7, §2 of the Flemish Parliament Arms Trade Act

Article 21. §1. For it to be admissible, the competent service must receive the notification referred to in Article 7, §2 of the Flemish Parliament Arms Trade Act, no later than twenty working days before the intended transfer.

The notification contains at least the information referred to in Article 14, §1, points 1, 2, 4, 6, 7, 9, 10, 11 and 12, the information referred to in Article 14, §2, first subsection and, if applicable, the information referred to in Article 14, §2, second subsection.

§2. Regardless of the form of the notification, the competent service provides the respective person with an acknowledgement of receipt after it has received a full and complete notification.

Within ten working days of the date of such acknowledgement of receipt, the competent service notifies the respective person by ordinary or registered letter, fax or email, if that produces an acknowledgement of receipt by the addressee, whether or not he, she or it is required to apply for a licence for the intended transfer.

§3. If it is mandatory to apply for a licence, the rules referred to in Chapter 1 apply.

Chapter 3. Procedure to obtain and more detailed rules on the preliminary opinion and written confirmation

Section 1. Preliminary opinion

Subsection 1. Application and granting procedure

Article 22. §1. An application for a preliminary opinion contains at least the information referred to in Article 14, §1, points 1, 2, 3, 7, 8, 9, a) and b), point 10, a), and point 11.

If that information is known, at the latest at the time at which the preliminary opinion is issued, the applicant also states in his, her or its application, or later, the information referred to in Article 14, §1, points 4, 5, 6, 9, c) and d), and point 10, b).

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If, in the case of export, transit or transfer to another EU Member State, the specific end user is not yet known when the application is submitted and, at the latest, at the time that the preliminary opinion is issued, the applicant in any event communicates to which of the following categories of end users his, her or its application for a preliminary opinion relates: (1) defence-related industry; (2) other industry; (3) retailer; (4) individual; (5) international organisation; (6) armed forces; (7) law enforcement body; or (8) other authority.

§2. An application for a preliminary opinion is assessed against the criteria referred to in Article 11 or Articles 26 and 28 of the Flemish Parliament Arms Trade Act, as the case may be.

Subsection 2. Content of the preliminary opinion

Article 23. The preliminary opinion contains at least the following information: 1. the contact details of the competent service; 2. the personal data of the applicant; 3. if applicable, personal data of the representative of the applicant; 4. the information referred to in Article 22, §1 of this Decree, as these are known at the time at which the preliminary opinion is issued; 5. an assessment of the proposed import, export, transit or transfer; 6. communication that the preliminary opinion is purely informative in nature, does not in any way whatsoever bind the Flemish Region and cannot be regarded as permission to complete the import, export, transit or transfer, as referred to in Article 9, §1, second subsection of the Flemish Parliament Arms Trade Act.

Subsection. 3 Re-assessment

Article 24. The applicant can request that the preliminary opinion be re-assessef at any point in time if: 1. he, she or it has elements at his, her or its disposal that could not be submitted for the original preliminary opinion; 2. there are circumstances that can have an important effect, as the case may be, on the assessment referred to in Article 11 or in Articles 26 and 28 of the Flemish Parliament Arms Trade Act.

In both cases referred to in the first subsection, points 1 and 2, it is the responsibility of the applicant to apply for re-assessment of the preliminary opinion.

Section 2. Written confirmation

Subsection 1. Application and granting procedure

Article 25. §1. An application for a written confirmation must contain at least the following information: 1. the personal data of the applicant; 2. if applicable, the personal data of the representative of the applicant; 3. the consignee and end user of the export or transit pursuant to which the written confirmation is requested; 4. the technical details of the goods for which the written confirmation is requested:

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a) a technical description of the goods; b) the value per piece in euros and tariff code of the goods; 5. the possible application of the goods: a) a description of the use for which the goods were designed or modified; b) a description of the possible use of the goods, as such or in combination with one another or with other goods, substances or organisms, to cause severe damage to persons or goods and as a means of committing violence in an armed conflict or similar situation of violence; 5. the signature of the persons designated as being personally responsible for import, export, transit and transfer.

§2. Any useful information on the technical features and capabilities of the goods and the possible use thereof is enclosed with the application.

The agreement signed by the persons designated as being personally responsible for import, export, transit and transfer to truthfully answer the following questions must be also be enclosed with the application: 1. are the goods for which the written confirmation is requested, as such or in combination with one another or with other goods, substances or organisms, designed or modified to make it possible for them to cause severe damage to persons or goods and can they be utilised as a potential means of committing violence in an armed conflict or similar situation of violence?; 2. was account taken in the design or modification of the goods for which the written confirmation is requested with the fact that the respective goods, as such or in combination with one another or with other goods, substances or organisms, can cause severe damage to persons or goods and can be utilised as a potential means of committing violence in an armed conflict or similar situation of violence?;

Subsection 2. Content of the written confirmation

Article 26. If the minister is of the opinion that the goods for which the written confirmation is requested do not actually fall under the application of Article 8, §2 of the Flemish Parliament Arms Trade Act, the written confirmation contains at least the following information: 1. the contact details of the competent service; 2. the last day of validity; 3. the personal data of the applicant; 4. if applicable, the personal data of the representative of the applicant; 5. the technical details of the goods for which the written confirmation is requested: a) a technical description of the goods; b) the tariff code of the goods; 6. the confirmation that the goods do not actually fall under the application of Article 8, §2 of the above-mentioned Flemish Parliament Act; 7. the notification that, on the grounds of the above-mentioned Flemish Parliament Act, no export or transit licence is required for the export and transit as such; 8. a proviso that states that the written confirmation can only be lawfully presented: a) for the export and transit of goods that have been explicitly included in the written confirmation;

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b) if applicable, if the applicant fulfils the obligations that the customs regulations and the Weapons Law of 8 June 2006 and its implementing decrees attach to the respective export and transit.

Subsection 3. Validity term and extension

Article 27. A written confirmation is valid for one year as from the date of issue.

The validity term of a written confirmation can be extended by the same term at the time that it expires, if the original written confirmation is presented.

Subsection 4. Denial

Article 28. If the minister is of the opinion that the goods for which the written confirmation is requested do in fact fall under the application of Article 8, §2 of the Flemish Parliament Arms Trade Act, the applicant is notified thereof by ordinary or registered letter.

In the case referred to in the first subsection, a licence must be applied for for the export or transit pursuant to which a written confirmation was requested and the rules referred to in Articles 14 to 20, inclusive, of this Decree apply.

Chapter 4. Procedure for the application for and granting of and the more detailed rules for the prior authorisation and the procedure for the professional probity examination

Section 1. Application and granting procedure

Article 29. §1. An application for prior authorisation must contain at least the following information: 1. the personal data of the applicant; 2. if applicable, the personal data of the representative of the applicant; 3. if the applicant is a legal person, the personal data of every Director, Managing Director and Auditor of the legal person and any agent of the legal person who is competent for imports, exports, transits and transfers; 4. a description of the applicant’s relevant activities in defence-related products, other materials for military use or law enforcement materials; 5. the technical details of the defence-related products, the other materials for military use or the law enforcement materials to which the activities relate: a) a technical description of the goods; b) if applicable, an initial classification of the defence-related products according to the categories of the Common Military List of the European Union; 6. a description of the use for which the respective defence-related products, other materials for military use or the law enforcement materials are designed or modified; 7. if available, a description of the internal compliance programme of the applicant or his transfer and export management system; 8. the signature of the persons designated as being personally responsible for import, export, transit and transfer.

At least the following documents must be enclosed with the application:

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1. the documents that show the relevant activities of the applicant and the technical details for the goods referred to in the first subsection; 2. if available, the documents that show the internal compliance programme of the applicant or his transfer and export management system referred to in the first subsection; 3. an excerpt from the criminal records or equivalent document, which is not older than one month at the time that the application is made of the applicant and, if the applicant is a legal person, of every Director, Managing Director and Auditor of the legal person and any agent of the legal person who is competent for imports, exports, transits and transfers; 4. if the applicant is a legal person, a copy of its Articles of Association. . §2. The prior authorisation can be restricted to certain export, transit or transfer activities and to certain categories of goods on the grounds of an assessment of the information, documents and opinions referred to in paragraph 1 of this Article and Article 10, §2, second subsection of the Flemish Parliament Arms Trade Act.

Section 2. Content of the prior authorisation

Article 30. The prior authorisation contains at least the following information: 1. the contact details of the competent service; 2. the personal data of the applicant; 3. if applicable, the personal data of the representative of the applicant; 4. the export, transit or transfer activities and the categories of goods for which prior authorisation is granted.

Section 3. Triennial re-assessment

Article 31. With a view to the triennial re- assessment of the prior authorisation referred to in Article 10, §3 of the Flemish Parliament Arms Trade Act, the holder of a prior authorisation provides the competent service with an updated version of the information and documents referred to in Article 29, §1 of this Decree every three years as from the time that the authorisation is granted.

The advisory opinion can also be requested from the public prosecutor of the judicial district where the applicant is established, from the State Security Service and from the federal police.

Chapter 5. Procedure for the application for and granting of and more detailed rules for the certificate as a certified person

Section 1. Application and granting procedure

Article 32. §1. An application for a certificate as a certified person contains at least the following information: 1. the personal data of the representative of the applicant; 2. if applicable, the personal data of the representative of the applicant; 3. if the applicant is a legal person, the personal data of every Director, Managing Director and Auditor of the legal person and any agent of the legal person who is competent for imports, exports, transits and transfers;

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4. the data on the applicant’s various production units for which a certificate is requested; 5. a description of the applicant’s relevant activities and experience in defence-related products referred to in Article 14, §3, first subsection, points 1 and 2 of the Flemish Parliament Arms Trade Act, and of the purposes for which the received defence-related products are utilised; 6. the technical details of the defence-related products to which the activities relate: a) a technical description of the defence-related products; b) an initial classification of the defence-related products according to the categories of the Common Military List of the European Union; a) a description of the use for which the respective defence-related products were designed or modified; 8. a description of the internal compliance programme of the applicant or his transfer and export management system referred to in Article 14, §3, first subsection, point 5 of the above-mentioned Flemish Parliament Act; 9. the information for and signature of the management member of the applicant that is designated as being personally responsible for transfers and exports, as referred to in Article 14, §3, first subsection, point 3 of the above-mentioned Flemish Parliament Act.

At least the following documents are enclosed with the application: 1. the documents that show the relevant activities and experience of the applicant and the technical details for the goods referred to in the first subsection; 2. the documents that show the internal compliance programme of the applicant or his transfer and export management system referred to in the first subsection; 3. an excerpt from the criminal records or equivalent document, which is not older than one month at the time that the application is made of the applicant and, if the applicant is a legal person, of every Director, Managing Director and Auditor of the legal person and any agent of the legal person who is competent for this matter; 4. if the applicant is a legal person, a copy of its Articles of Association; 5. the declaration referred to in Article 14, §3, first subsection, point 4 of the above- mentioned Flemish Parliament Act.

The advisory opinion can be requested from the public prosecutor of the judicial district where the applicant is established, from the State Security Service, from the federal police and from the relevant competent authorities of the other EU Member States.

§2. Where appropriate, the competent service can deem a visit to the applicant’s buildings necessary.

In the event of such a site visit, the provisions of Article 46, §2 of the above- mentioned Flemish Parliament Act and Article 53 of this Decree apply.

Article 33. On the grounds of an assessment of the information and documents referred to in Article 14, §3 of the Flemish Parliament Arms Trade Act and Article 32, §1 of this Decree, the advisory opinions and, if applicable, the site visit referred to in Article 32, §2 of this Decree, it may be that: 1. the certificate is restricted to certain categories of defence-related products; 2. the applicant is required to make a declaration in which he, she or it undertakes the following:

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a) to use the defence-related products received for own production; b) not to re-transfer or re-export the defence-related products received as such, except for maintenance or repair purposes.

Section 2. Content of the certificate as a certified person

Article 34. The certificate contains at least the following information: 1. the contact details of the competent service and its signature; 2. the date of issue and the last day of validity; 3. the personal data of the applicant; 4. if applicable, the personal data of the representative of the applicant; 5. the confirmation that the applicant meets the criteria referred to in Article 14, §3 of the Flemish Parliament Arms Trade Act; 6. the addresses of any of the applicant’s production units, which are included in the certificate has been granted; 7. the categories of defence-related products that may be purchased on the grounds of the certificate and based on the general licences published by the other EU Member States; 8. the applicant’s obligation to notify the competent service of all facts and events arising after the certificate is granted which may influence the validity or content of the certificate, namely: a) any major change to the industrial activity of defence-related products or to the applicant’s internal organisation; b) any change in the address where records concerning received defence-related products are accessible to the competent service.

Section 3. Validity term, extension and re-assessment

Article 35. §1. A certificate as a certified person is valid for three years as from the date of issue.

The validity term of a certificate can be extended by the same term at the time that it expires, if the original document is presented.

In such a case, compliance with the conditions attached to the certificate and with the criteria referred to in Article 14, §3, first subsection of the Flemish Parliament Arms Trade Act is re-assessed.

With a view to this, the applicant provides the competent service with an updated version of the information and documents referred to in Article 32 of this Decree.

§2. The minister can, at any point in time, instruct the competent service to re-assess compliance with the conditions attached to the certificate and with the criteria referred to in Article 14, §3, first subsection of the above-mentioned Flemish Parliament Act, in addition to the triennial re-assessment referred to in paragraph 1, third subsection.

A re-assessment is always performed in the case of: 1. relevant changes to the industrial activity of defence-related products or to the applicant’s internal organisation;

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2. indications that the applicant no longer complies with all the relevant conditions and criteria.

If the applicant no longer complies with the relevant conditions and criteria, the certificate can be suspended or revoked, its use can be restricted or measures can be taken that are aimed at encouraging compliance with the relevant conditions and criteria, in application of Article 43 of the above-mentioned Flemish Parliament Act and Articles 46 to 49, inclusive, of this Decree.

§3. In the case of re-assessment, as referred to in paragraphs 1 and 2, the provisions of Article 32, §1, third subsection and Article 32, §2 of this Decree also apply.

Section 4. Publication of the list of certified persons

Article 36. A list of certified persons is published on the website of the Government of Flanders.

Part 3. Import, export, transit and transfer of civilian firearms, components and ammunition

Title 1. Licensing obligations

Article 37. In application of Article 30, §2 of the Flemish Parliament Arms Trade Act, the import, export, transit and transfer of civilian firearms, components and ammunition referred to in the list, included in Annex 4 of this Decree, are exempt from licensing.

Title 2. Procedures and more detailed rules

Chapter 1. Procedure for the application for and granting of and more detailed rules for licences, as referred to in Articles 34, 36 §2, 38 and 39 §2 of the Flemish Parliament Arms Trade Act

Section 1. Application and granting procedure

Subsection 1. Application

Article 38. §1. An application for a licence referred to in Articles 34, 36 §2, 38 or 39 §2 of the Flemish Parliament Arms Trade Act contains at least the following information: 1. the personal data of the applicant; 2. if applicable, the personal data of the representative of the applicant; 3. type of application; a) import, export, transit or transfer; b) temporary or definitive import, export, transit or transfer; c) individual or multiple licence; 4. the personal data of the sender and the consignee; 5. the personal data of the end user, if these are different from the personal data of the consignee; 6. the country or countries of origin of the civilian firearms, components or ammunition; 7. the country of shipment;

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8. the country of destination and country of end use, if this differs from the country of destination; 9. the technical details of the civilian firearms, components or ammunition: a) a description of the nature of the goods; b) a description of the essential particulars referred to in Article 32, §2, second subsection of the above-mentioned Flemish Parliament Act; c) if applicable, mention of the marking placed on the firearms; d) if applicable, the classification of the civilian firearms according to the categories of Regulation (EU) No. 258/2012 of the European Parliament and of the Council of 14 March 2012 implementing Article 10 of the United Nations’ Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol), and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition; e) the quantity of the goods; f) the value in euros and the tariff code of the goods; 10. the use of the civilian firearms, components or ammunition: a) a description of the use of the goods as intended by the consignee and by the end user, if this differs from the consignee; b) the statement on whether the goods will be used for activities of a civilian nature or, alternatively, of a military or paramilitary nature; 11. the signature of the persons designated as being personally responsible for import, export, transit and transfer; 12. those persons’ commitment to do the following: a) to allocate a use to the respective goods a destination in accordance with the licence for which an application is submitted; b) if applicable, to comply with the obligations concerning the respective transfer imposed by the customs regulations, the Weapons Law of 8 June 2006 and its implementing decrees, and other relevant regulations.

The following information must also be included in an application for a licence for export, transit or transfer to another EU Member State: 1. the manner in which the civilian firearms, components or ammunition will be transferred, exported or transited; 2. the intended date of transfer, export or transit and the expected date on which the civilian firearms, components or ammunition will arrive in the country of destination.

§2. At least the following documents must be enclosed with the application: 1. a copy of the document containing the title on which grounds the applicant is entitled, in accordance with the Weapons Law of 8 June 2006 and its implementing decrees, to possess or acquire the firearm, component or ammunition, as referred to in Article 31, §1, first subsection of the above-mentioned Flemish Parliament Act; 2. in the case of export, transit and transfer to another EU Member State, a document from which it is clear that the country of end use gave its prior consent for the import or transfer or from which it is clear that the licence can be granted without such prior consent, as referred to in Articles 37 and 40, §2 of the above-mentioned Flemish Parliament Act; 3. if applicable, in the event of import or transfer to the Flemish Region, sound reasoning as to why the applicant is submitting an application for a licence without

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stating the serial numbers of the respective civilian firearms, components or ammunition, as referred to in Article 31, §2, third subsection of the above-mentioned Flemish Parliament Act.

The following documents must also be enclosed with an application for a licence for export or transit: 1. if it is not stated in the document referred to in the first subsection, point 3 of this paragraph, a document that lists the end user and the end use, as referred to in Article 40, §2, second subsection of the above-mentioned Flemish Parliament Act; 2. if applicable, a declaration by the end user in which he, she or it undertakes to apply to the Government of Flanders for authorization in the event of re-export, as referred to in Article 40, §3, second subsection of the above-mentioned Flemish Parliament Act; 3. if applicable, a document from which the authorization by any countries of transit is clear, with the exception of the EU Member States referred to in Article 40, §4 of the above-mentioned Flemish Parliament Act.

In the case of an application for a transit licence, it is required, if applicable, that a document be enclosed from which it appears that the competent authorities of the country of shipment of the goods have granted the export, as referred to in Article 40, §5 of the above-mentioned Flemish Parliament Act.

Subsection 2. More detailed rules regarding the demand of additional information or guarantees and for the imposition of terms and conditions for granting applications

Article 39. If, after having received an application, the competent service judges that the possibility of demanding additional information or guarantees, as referred to in Article 40, §3 of the Flemish Parliament Arms Trade Act, must be applied, or that the issuance of the licence on the grounds of Article 33, §1 of the above-mentioned Flemish Parliament Act is made to depend on certain conditions, a period amounting to a minimum of ten working days can be can be set within which such requirements or conditions must be fulfilled.

Article 40. In addition to the exception that is specified for transfer and export to Member States of the EU and NATO, the possibility referred to in Article 40, §3, second subsection of the Flemish Parliament Arms Trade Act does not apply to the following Participating States of the Wassenaar Arrangement: Argentina, Australia, Japan, Mexico, New Zealand, South Korea, South Africa and Switzerland.

Section 2. More detailed rules

Subsection 1. Content of the licence

Article 41. §1. The licences referred to in Article 34, 36 §2, 38 and 39 §2 of the Flemish Parliament Arms Trade Act contain at least the following information: 1. the contact details of the competent service; 2. the last day of validity; 3. the personal data of the applicant; 4. if applicable, the personal data of the representative of the applicant; 5. type of application;

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a) import, export, transit or transfer; b) temporary or definitive import, export, transit or transfer; c) individual or multiple licence; 6. the technical details of the civilian firearms, components or ammunition: a) a description of the essential particulars referred to in Article 31, §2, second subsection of the above-mentioned Flemish Parliament Act; b) the quantity of the goods; c) the value in euros and the tariff code of the goods; 7. the terms, conditions and provisos referred to in paragraph 2.

The licences for export or transfer to another EU Member State also contain the following information in addition to the information referred to in the first subsection: 1. the personal data of the consignee; 2. the country of destination; 3. if different, the country or countries of end use; 4. if applicable, the country or countries of transit; 5. the manner in which the civilian firearms, components or ammunition will be transferred or exported; 6. the intended date of transfer or export and the expected date on which the civilian firearms, components or ammunition will arrive in the country of destination.

The licences for transit also contain the following information in addition to the information referred to in the first subsection: 1. the personal data of the consignee; 2. the country of shipment; 3. the country of destination; 4. if different, the country or countries of end use; 5. the manner in which the civilian firearms, components or ammunition will be transferred; 6. the intended date of transfer and the expected date on which the civilian firearms, components or ammunition will arrive in the country of destination.

§2. If applicable, the licences contain the terms, conditions and restrictions attached to the use thereof in application of Article 33 of the above-mentioned Flemish Parliament Act.

The licences also contain a proviso that states that, if applicable, the use of the licence is lawful only if the applicant fulfils the obligations that the customs regulations and Weapons Law of 8 June 2006 and its implementing orders attach to the respective import, export, transit or transfer.

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Subsection 2. Validity term, extension and finalisation

Article 42. §1. The licences referred to in Articles 34, 36 §2, 38 and 39 §2 of the Flemish Parliament Arms Trade Act are valid for one year as from the date on which they are granted.

In the case of export, transfer and transit to other EU Member States, the validity term of the licence may not exceed the validity term of the licence or the authorization of the country of destination for the import or transfer.

§2. After the validity term of the licence has expired or after the total of the allowed quantity of the goods has been imported, exported, transited or transferred, the applicant returns the original licence to the competent service and reports on the use thereof, as referred to in Article 49 of the Flemish Parliament Arms Trade Act.

§3. If, at the time at which the validity term of the licence expires, the allowed quantity of the goods has not been fully imported, exported, transited or transferred, the validity term of the original licence can be extended by the same term for the remaining part if this original licence is submitted to the competent service.

As is the case for the original application, the application for extension is assessed against the criteria referred to in Articles 26 and 28 or in Article 32 of the above- mentioned Flemish Parliament Act, as the case may be.

Subsection 3. Licences for temporary import, export or transfer

Article 43. Licences for temporary import, export or transfer are granted on the condition that the respective goods are re-exported, re-imported or re-transferred, as the case may be, within the validity term of the licence.

Applicants submit to the competent service proof of re-export, re-import or re- transfer, as the case may be, no later than two months after the term has expired.

Chapter 2. More detailed rules for the notification referred to in Article 35, §2, first subsection and Article 39, §1, first and second subsections of the Flemish Parliament Arms Trade Act.

Article 44. §1. For it to be admissible, the competent service must receive the notification referred to in Article 35, §2, first subsection and Article 39, §1, first and second subsections of the Flemish Parliament Arms Trade Act, no later than two working days before the intended transfer, import or export.

The notification must contain at least the information referred to in Article 38, §1, first subsection, points 1, 2, 4, 7, 8, 9, 11 and 12 of this Decree.

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At least the following documents must be enclosed with the notification: 1. a copy of the respective person’s European Firearms Pass or, for persons having their residential address in Belgium, a copy of the document containing the title on which grounds the respective person is entitled, in accordance with the Weapons Law of 8 June 2006 and its implementing decrees, to possess or acquire the firearm, component or ammunition; 2. proof that the respective person actually wants to transfer, import or export the firearms, components or ammunition for the purposes referred to in Article 35, §2, first subsection and Article 39, §1, first and second subsections of the above-mentioned Flemish Parliament Act.

§2. As soon as the competent service receives a full notification, its data are checked and the respective person receives a certified copy of his, her or its notification by fax or email if that produces an acknowledgement of receipt by the addressee.

The competent authorities in the country of destination are also provided with a certified copy.

§3. The respective person presents to the competent service proof of re-export, re- import or re-transfer, as the case may be, no later than two months after the activities referred to in Article 35, §2, first subsection and Article 39, §1, first and second subsections of the above-mentioned Flemish Parliament Act have been terminated.

Chapter 3. More detailed rules for the notification referred to in Article 36, §1, first subsection of the Flemish Parliament Arms Trade Act

Article 45. §1. For it to be admissible, the competent service must receive the notification referred to in Article 36, §1, first subsection of the Flemish Parliament Arms Trade Act, no later than two working days before the intended transfer.

The notification must contain at least the information referred to in Article 38, §1, first subsection, points 1, 2, 4, 8, 9, 11 and 12 of this Decree. At least the following documents must be enclosed with the notification: 1. a copy of the open licence of the respective arms dealer, as referred to in Article 36, §1 of the above-mentioned Flemish Parliament Act; 2. a document that makes it apparent that the country of destination gave its prior consent for the transfer or that the licence can be granted without prior consent.

The competent authorities in the country of destination are also provided with a certified copy.

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Part 4. Suspension, revocation and restriction of licences, authorisations, certificates, preliminary opinions and written confirmations

Article 46. §1. If the minister is of the opinion that, in application of Article 43 of the Flemish Parliament Arms Trade Act, he or she must suspend, revoke or restrict licences or preliminary opinions by means of a general measure, he or she instructs the competent service to communicate this by a registered letter, fax or email, if this produces an acknowledgement of receipt by the addressee, to all applicants of the respective licences or preliminary opinions or, in the case of suspension, revocation or restrictions, which relate(s) to a general licence, as referred to in Article 14, §2 of the above-mentioned Flemish Parliament Act, to all persons who have registered as users of the respective general licence. The respective persons are notified of the following aspects: 1. a description of the situation referred to in Article 43, §1, first subsection, points 1 to 3, inclusive, of the above-mentioned Flemish Parliament Act, on which the suspension, revocation or restriction is based; 2. if applicable, a description of the restriction of the licences or preliminary opinions; 3. if applicable, the additional measures attached to the suspension, revocation or restriction.

A notification of the suspension, revocation or restriction, including the aspects referred to in the first subsection, points 1 to 3, inclusive, is also published on the website of the Government of Flanders.

§2. Unless the minister makes a provision to the contrary, the consequences of the suspension, revocation or restriction are applicable as of the date on which the notification referred to in paragraph 1, first subsection, is received.

Unless the minister makes a provision to the contrary, suspension or restriction is always indefinite.

Article 47. §1. If the minister is of the opinion that he or she, in application of Article 43 of the Flemish Parliament Arms Trade Act, must suspend, revoke or restrict the licences, authorisations, certificates, preliminary opinions or written confirmations of a certain person or certain persons by means of an individual measure, he or she instructs the competent service to communicate to the respective person or persons by means of a registered letter with acknowledgement of receipt that the suspension, revocation or restriction of the licences, authorisations, certificates, preliminary opinions or written confirmations is being considered and to notify the respective person or persons of the following aspects: 1. a description of the situation referred to in Article 43, §1, first subsection, points 1 to 3, inclusive, of the above-mentioned Flemish Parliament Act, on which the suspension, revocation or restriction is based; 2. if applicable, a description of the restriction of the licences, authorisations, certificates, preliminary opinions or written confirmations; 3. if applicable, the additional measures attached to the suspension, revocation or restriction; 4. the right of the respective persons to communicate their defence and to request a hearing and possibly be represented by counsel of their choosing.

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By way of preliminary measure, the consequences of the intended suspension, revocation or restriction are applicable as from the date on which the registered letter referred to in the first subsection is received until a decision is finally made regarding the suspension, revocation or restriction.

§2. The respective persons have a term of ten working days as from the date on which the registered letter referred to in paragraph 1, first subsection, is received to communicate their defence to the competent service and to request a hearing.

If applicable, the competent service gives the respective persons, who may be represented by counsel of their choosing, a hearing and reports to the minister on this matter.

Within twenty working days after the date of the registered letter referred to in paragraph 1, first subsection, or, if applicable, within ten working days after the date on which the registered letter referred to in the first subsection of this paragraph, is received or after the date of the hearing referred to in the second subsection of this paragraph, the minister confirms the intended suspension, revocation or restriction if there are grounds for this and, if applicable, he or she sets out the restrictions of the licences, authorisations, certificates, preliminary opinions or written confirmations and, if applicable, he or she specifies additional measures attached to the suspension, revocation or restriction. He or she instructs the competent service to immediately notify the respective person of this by registered letter.

If the minister deems further examination of the defence presented necessary, the term can be extended to a maximum of thirty working days or, if justification is provided on the grounds of necessity, to ninety working days.

§3. Unless the minister makes a provision to the contrary, suspension or restriction is always indefinite.

Article 48. §1. In exceptional circumstances, as referred to in Article 43, §2 of the Flemish Parliament Arms Trade Act, the competent service pronounces temporary suspension by means of a ordinary notification.

The competent service notifies the respective person or persons by registered letter, fax or email, if that produces an acknowledgement of receipt by the addressee, of the temporary suspension and of the aspects referred to in Article 46, §1, first subsection, points 1 and 3, or Article 47, §1, first subsection, points 1 and 3 of this Decree and sets the term for the temporary suspension.

§2. Save a provision to the contrary, the consequences of the temporary suspension are applicable as of the date on which the notification referred to in paragraph 1, second subsection, is received.

The competent service notifies the minister immediately of the temporary suspension to enable him or her to apply the procedure referred to in Article 46 or 47, if there are sufficient grounds for doing so.

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Article 49. §1. If the suspension, revocation or restriction by means of an individual measure is pronounced, the respective persons can request the minister to fully or partially lift or limit the suspension, revocation or restriction pronounced if they have at their disposal means of defence that could not be presented in the procedure before the suspension, revocation or restriction was pronounced.

To do so, they notify the competent service of their new means of defence by registered letter and they can also request a new hearing.

If applicable, the competent service gives the respective persons, who may be represented by counsel of their choosing, a hearing and reports to the minister on this matter.

Within ten working days after the date on which the registered letter referred to in the second subsection has been received or, if applicable, after the date of the hearing referred to in the third subsection, the minister makes a decision on lifting or limiting the suspension, revocation or restriction and instructs the competent service to notify the respective persons immediately of his or her decision by registered letter.

Part 5. Temporary exclusion of applicants

Article 50. §1. If the minister is of the opinion that he or she must apply Article 44 of the Flemish Parliament Arms Trade Act to a particular person, he or she instructs the competent service to notify the respective person by registered letter with acknowledgement of receipt that a measure of temporary exclusion is being considered and to notify the respective person of the following aspects: 1. the indications that he or she has that the respective person performs or has performed one or more of the acts referred to in Article 44, §1, points 1 to 6, inclusive, of the above-mentioned Flemish Parliament Act; 2. the import, export, transit or transfer activities and the categories of goods referred to in the above-mentioned Flemish Parliament Act, to which the temporary exclusion is intended to apply; 3. the intended initial term of temporary exclusion; 4. the right of the respective person to communicate his or her defence and to request a hearing and possibly be represented by counsel of his or her choosing.

The respective person has a term of ten working days as from the date on which the registered letter referred to in the first subsection is received to communicate his or her defence to the competent service by registered letter and to request a hearing.

If applicable, the competent service gives the respective person, who may be represented by counsel of his or her choosing, a hearing and reports to the minister on this matter.

Within twenty working days after the date of the registered letter referred to in the first subsection or, if applicable, within ten working days after the date on which the

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registered letter referred to in the second subsection is received, or after the date of the hearing referred to in the third subsection, and if there are grounds for doing so, the minister takes the exclusionary measure, specifies the import, export, transit or transfer activities and the categories of goods to which the exclusionary measure applies and the term thereof and instructs the competent service to immediately notify the respective person accordingly by registered letter.

By way of preliminary measure, the consequences of the exclusionary measure are applicable as from the date on which the registered letter referred to in the first subsection is received until a decision is finally made regarding the exclusion.

§2. If an exclusionary measure is extended pursuant to the opening of a criminal investigation or the institution of criminal proceedings in application of Article 44, §3 of the above-mentioned Flemish Parliament Act, the competent service merely notifies the respective person accordingly by registered letter with acknowledgement of receipt.

If the minister is of the opinion that an exclusionary measure of less than six months must be extended because the same indications that led to the exclusionary measure still apply, but that these or the respective unlawful acts have not yet led to the opening of a criminal investigation or the institution of criminal proceedings, the exclusionary measure can only be extended to a maximum of six months on the grounds of the procedure referred to in paragraph 1.

If the respective person is notified by registered letter that an extension of the exclusionary measure is being considered, this exclusionary measure remains in force by means of a preliminary measure as of the date on which it is received until a final decision is made on the intended extension.

Article 51. Unless the exclusionary measure was extended because a criminal investigation was opened or criminal proceedings were instituted, a person against whom a temporary exclusionary measure was taken can request the minister at any point in time to lift or limit such measure if he, she or it has at his, her or its disposal means of defence that could not be put forward in the procedure to take the exclusionary measure.

To do so, he, she or it notifies the competent service of his, her or its new defence by registered letter and can also request a new hearing.

If applicable, the competent service gives the respective person, who may be represented by counsel of his or her choosing, a hearing and reports to the minister on this matter.

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exclusion and instructs the competent service to notify the respective person immediately of his or her decision by registered letter.

Part 6. Right to a hearing upon denial

Article 52. If an application for a licence, authorisation or certificate is denied, the competent service notifies the applicant accordingly by registered letter with acknowledgement of receipt and informs him, her or it of the following aspects: 1. the reasons why the application was denied; 2. the applicant’s right to communicate his or her defence and to request a hearing and possibly be represented by counsel of his or her choosing. 3. the applicant’s right to lodge an appeal against the denial decision with the Supreme Administrative Court within sixty days after this has been notified.

The applicant has a term of ten working days as from the date on which the registered letter referred to in the first subsection is received to communicate his or her defence to the competent service by registered letter and to request a hearing.

If applicable, the competent service gives the applicant, who may be represented by counsel of his or her choosing, a hearing and reports to the minister on this matter.

Within ten working days after the date on which the registered letter referred to in the second subsection has been received or after the date of the hearing referred to in the third subsection, the minister makes a decision on whether or not he or she will review his or her denial decision and instructs the competent service to notify the applicant immediately of his or her decision by registered letter.

The notification makes mention of the applicant’s right to lodge an appeal against the decision with the Supreme Administrative Court within sixty days after this has been notified.

Part 7. Supervisory and criminal provisions

Title 1. Designation of the supervisory personnel

Article 53. The Secretary-General of the Flemish Department of Foreign Affairs designates the personnel referred to in Article 46, §1 of the Flemish Parliament Arms

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Trade Act, who are authorised to supervise compliance with the above-mentioned Flemish Parliament Act and its implementing decrees.

The type and content of the identity cards of the designated persons are in accordance with the provisions of the Government of Flanders Decree of 10 July 2008 on identity cards of the personnel of the services of the Government of Flanders entrusted with inspection or control authority.

Title 2. Procedure to impose administrative sanctions and detailed rules to implement them

Article 54. The administrative sanctions referred to in Article 48 of the Flemish Parliament Arms Trade Act are imposed on behalf of the Government of Flanders by the Secretary-General of the Flemish Department of Foreign Affairs in accordance with the procedure referred to in Article 55.

The Secretary-General of the Flemish Department of Foreign Affairs can delegate such authority to one or more personnel in his or her department.

Article 55. §1. If the Secretary-General is of the opinion that he or she must impose an administrative sanction on a particular person, he or she notifies the respective person by registered letter with acknowledgement of receipt that an administrative sanction is being considered and informs the respective person of the following aspects: 1. the official report of infringement (procès-verbal) that is drawn up against the person; 2. the fact that the competent public prosecutor did not institute criminal proceedings within two months after the infringement of the above-mentioned Flemish Parliament Act or this Decree was recorded in said official report (procès-verbal); 3. the intended administrative sanction; 4. the right of the respective person to communicate his or her defence and to request a hearing and possibly be represented by counsel of his or her choosing.

The respective person has a term of ten working days as from the date on which the registered letter referred to in the first subsection is received to communicate his or her defence to the minister by registered letter and to request a hearing.

The respective person, who may be represented by counsel of his, her or its choosing, is given a hearing, if this is applicable.

§2. Within twenty working days after the date of the registered letter referred to in paragraph 1, first subsection, or, if applicable, within ten working days after the date on which the registered letter referred to in paragraph 1, second subsection is received, or after the date of the hearing referred to in paragraph 1, third subsection, the Secretary- General imposes the intended administrative sanction if there are grounds for this and notifies the respective person of this immediately by registered letter.

If a prohibition is imposed on activities, the decision makes mention of the import, export, transit or transfer activities and the categories of goods to which the prohibition applies and of the term thereof.

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If an administrative monetary fine is imposed, the decision makes mention of the amount, the manner and period in which this must be paid.

Article 56. §1. The personnel of the Flemish Tax Department are entrusted with the recovery of the undisputed, due and payable administrative monetary fines and any collection charges from the respective persons.

The personnel referred to in the first subsection are authorised to serve a writ.

This writ is signed and declared enforceable by the personnel referred to in the first subsection and is served by bailiff’s writ.

§2. The personnel referred to in paragraph 1, first subsection, are authorised to grant payment deferment to the debtors of undisputed, due and payable administrative monetary fines, if the debtors are able to prove exceptional circumstances, and to first charge partial payment on the capital sum.

The personnel referred to in paragraph 1, first subsection, can grant full or partial remission of the debt in the form of interest if the debtor is obviously insolvent.

In the cases in which the debtor’s situation justifies this, the Government of Flanders can conclude settlements with him, her or it.

Part 8. Reporting by applicants

Title 1. Reports on the use of general, global, individual and multiple licences for transfers within the European Union

Article 57. Reports to the competent service on the use of general, global, individual and multiple licence for transfers within the European Union referred to in Article 14, 15, 16, 34 and 36 §2 of the Flemish Parliament Arms Trade Act are composed by using an electronic form that is digitally provided to the competent service.

The competent service makes the electronic form that must be used for the reports available to any person who registers to use a general licence.

The electronic forms to report on the use of the other licence referred to in the first subsection are made available on the website of the Government of Flanders.

Article 58. §1. The electronic form to be used to report on the use of general, global and individual licences referred to in Articles 14, 15 and 16 of the Flemish Parliament Arms Trade Act are composed per licence and are based on the summaries referred to in Article 49, §2 of the above-mentioned Flemish Parliament Act.

The summaries contain at least one document per shipment made in which the particulars referred to in Article 49, §2, second subsection of the above-mentioned Flemish Parliament Act are always listed and for which a reference number is provided per transfer.

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§2. The electronic report form on the use of general licences contains at least the following information: 1. the personal data of the applicant; 2. if applicable, the personal data of the representative of the applicant; 3. the number of the respective general licence; 4. the reporting period; 5. the number of transfers made, the total value in euros and the quantity of defence- related products transferred, broken down according to the Member States of destination, the categories of the various consignees within the respective Member States, the various consignees within the respective Member States, and the specific categories of the respective defence-related products; 6. the reference numbers of the documents referred to in paragraph 1, second subsection; 7. the end users of the transfers made, broken down according to the various consignees.

§3. The electronic report form on the use of the respective global and individual licences contains at least the following information: 1. the personal data of the applicant; 2. if applicable, the personal data of the representative of the applicant; 3. the number of the respective licence; 4. the dates on which the transfers were made; 5. the value in euros and the quantity of licensed defence-related products per transfer made, and, in the case of global licences, broken down according to the Member States of destination, the various consignees within the respective Member States, and, if these differ, the various end users; 6. the reference numbers of the documents referred to in paragraph 1, second subsection.

Article 59. §1.The electronic form to be used to report on the use of individual and multiple licences referred to in Articles 34 and 36, §2 of the Flemish Parliament Arms Trade Act are composed per licence and are based on the summaries referred to in Article 49, §3 of the above-mentioned Flemish Parliament Act.

The summaries contain at least one document per transfer made on the basis of the licence, in which the particulars referred to in Article 49, §3 of the above-mentioned Flemish Parliament Act are always listed and for which a reference number is provided per transfer.

§2. The electronic report form on the use of the respective individual and multiple licences contains at least the following information: 1. the personal data of the applicant; 2. if applicable, the personal data of the representative of the applicant; 3. the number of the respective licence; 4. the dates on which the transfers were made; 5. the value in euros and the quantity of the licensed civilian firearms, components or ammunition per transfer; 6. the reference numbers of the documents referred to in paragraph 1, second subsection.

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If Article 31, §2, third subsection of the above-mentioned Flemish Parliament Act applies, the form also contains the serial numbers of the civilian firearms, components or ammunition.

Article 60. §1. A copy of the summaries referred to in Article 49, paragraphs 2 and 3 of the Flemish Parliament Arms Trade Act is always provided to the competent service together with the electronic form.

The respective person keeps the original summaries for seven years and presents them to the competent service if requested to do so.

§2. The reports on the use of the general licences are composed every six months, respectively, for the period from January to June, inclusive, and from July to December, inclusive. The electronic forms referred to in Article 58, §2 are accordingly provided to the competent service no later than two months after the respective period.

The reports on the use of global licences are composed annually as of the date on which the licences are granted. The electronic forms referred to in Article 58, §3 are accordingly provided to the competent service no later than two months after the respective period.

The reports on the use of individual and multiple licences are composed after the validity term of the licences expires or after the total of the allowed quantity or allowed weight of goods is transferred. The electronic forms referred to in Article 58, §3 and Article 59, §2, respectively, are accordingly provided to the competent service no later than two months after the respective point in time.

Title 2. Reports on the use of individual, combined and multiple licences for import, export and transit

Article 61. §1. Reporting to the competent service on the use of the individual, combined and multiple licences for import, export and transit referred to in Articles 22, 23, 38 and 39, §2 of the Flemish Parliament Arms Trade Act is done through the depreciation of the respective licences by the respective competent services of the General Administration of Customs and Excise Duties of the FPS Finance.

§2. The summaries referred to in Article 49, §3 of the above-mentioned Flemish Parliament Act contain at least one document per shipment sent pursuant to the licence in which the particulars referred to in Article 49, §3 are always listed and for which a reference number is provided per shipment.

The competent service is provided with a copy of these summaries, together with the licence, and no later than two months after the expiry of the validity term of the licence or after the total of the allowed quantity or allowed weight of the goods is imported, exported or transited. The respective person keeps the original summaries for seven years and presents them to the competent service if requested to do so.

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Article 62. §1. In derogation from Article 61, additional reports based on an electronic form and relating to the use of the licences referred to in Article 61, §1 must be furnished in the following cases: 1. the depreciations referred to in Article 61, §1 do not contain all the information, as referred to in Article 59, §2; 2. where appropriate, the competent service is of the opinion that electronic reports are essential to adequately supervise the use of the licences granted to a specific applicant.

The minister can also stipulate that, in order to fully digitise the reporting procedure, also the reports on the use of individual, combined and multiple licences for import, export and transit must always be made using an electronic form.

In the case referred to in the first subsection, point 2, this obligation constitutes a condition and is attached to the licence in application of Article 12, §1, point 5 of the Flemish Parliament Arms Trade Act.

§2. The electronic form referred to in paragraph 1 is composed per licence and based on the summaries referred to in Article 49, §3 of the Flemish Parliament Arms Trade Act.

The electronic form contains at least the following information: 1. the personal data of the applicant; 2. if applicable, the personal data of the representative of the applicant; 3. the number of the respective licence; 4. the dates on which the shipments were made; 5. the value in euros and the quantity of the licensed defence-related products, other materials for military use, or law enforcement materials or of the licensed civilian firearms, components or ammunition, per shipment; 6. the reference numbers of the documents referred to in paragraph 61, §2 of this Decree.

The competent service makes the electronic form on which the reports must be based available on the website of the Government of Flanders.

§3. The competent service is provided with the electronic form referred to in paragraph 1, together with the licence, and no later than two months after the expiry of the validity term of the licence or after the total of the allowed quantity or allowed weight of the goods is imported, exported or transited.

Part 9. Concluding provisions

Article 63. This Decree shall come into effect on 30 June 2012.

Article 64. The Flemish minister competent for the import, export and transit of weapons is entrusted with the implementation of this Decree.

Brussels, 20 July 2012

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The Minister-President of the Government of Flanders, and the Flemish Minister of Economy, Foreign Policy, Agriculture and Rural Policy

Kris PEETERS

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Annex 1. List of defence-related products, law enforcement materials, civilian firearms, components and ammunition and other goods, the import, export, transit and transfer of which are prohibited, as referred to in Article 7, first subsection of the Government of Flanders Arms Trade Decree.

1. Import, export, transit and transfer: defence-related products:

A. Chemical weapons

1. Toxic chemicals and their precursors referred to in product category 7 of the Common Military List of the European Union, the development, production, acquisition, transfer and use of which are prohibited on the grounds of the Convention of 13 January 1993 on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction.

However, the import, export, transit or transfer is allowed if the country of end use is a Member State of the above-mentioned Convention and the import, export, transit or transfer is intended for research, medical, pharmaceutical or protective purposes and if the types and quantities of the products remain strictly limited to the types and quantities justifying those purposes.

B. Biological and bacteriological weapons

1. Microbiological or other biological agents or toxins adapted for use in war, as referred to in product category 7 of the Common Military List of the European Union, the development, production, acquisition, transfer and use of which are prohibited on the grounds of the Convention of 10 April 1972 on the prohibition of the development, production, stockpiling of bacteriological (biological) and toxin weapons and on their destruction.

However, the import, export, transit or transfer is allowed if it concerns types or quantities that are intended for prophylactic, protective or other peaceful purposes.

2. The equipment referred to in product category 7 of the Common Military List of the European Union, which are designed to be used as a means of delivery for the use of the agents or toxins in armed conflict or for hostile purposes and the production equipment and technology referred to in product categories 18 and 22 of the Common Military List of the European Union, which are designed to develop, produce, acquire or use agents, toxins or means of delivery in armed conflict.

C. Environmental Modification Techniques

1. Biological agents or radioactive materials,, whether or not they have been adapted to be used in war, and the related equipment referred to in product category 7 of the related Common Military List of the European Union, which are intended for military or other hostile purposes to develop, produce or use environmental modification techniques that have widespread, long-lasting or severe effects as the means of destruction, damage or injury to any other State Party as prohibited by the

./.

Convention of 18 May 1977 on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques.

D. Conventional Weapons

1. The anti-personnel mines, booby-traps and similar mechanisms referred to in product category 4 of the Common Military List of the European Union, the use, stockpiling, production and transfer of which are prohibited on the grounds of the Convention of 18 September 1997 on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and their Destruction.

However, the import, export, transit or transfer is permitted for the purposes of the development of and training in mine detection, mine clearance and mine destruction techniques, and if the amount of mines does not exceed the minimum number absolutely necessary for these purposes... The import, export, transit or transfer is also permitted for the purpose of destruction.

2. The cluster munitions referred to in product categories 3 and 4 of the Common Military List of the European Union, of which the development, production, acquisition, stockpiling, retention and transfer are prohibited on the grounds of the Convention of 30 May 2008 on Cluster Munitions.

However, the import, export, transit or transfer is permitted for the purposes of the development of and training in cluster munitions and explosive submunitions detection, clearance or destruction techniques, or for the development of cluster munitions countermeasures and if the amount of explosive submunitions does not exceed the minimum number absolutely necessary for these purposes. The import, export, transit or transfer is also permitted for the purposes of destruction.

3. The defence-related products referred to in product categories 2, 3, 4, 8 and 19 of the Common Military List of the European Union, the use or supply of which is prohibited on the grounds of the Convention of 10 October 1980 on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects and its annexed protocols.

This concerns the following defence-related products: - any weapon the primary effect of which is to injure by fragments which in the human body escape detection by X-rays (Protocol I); - (anti-personnel) mines, booby-traps and other devices (Protocol II); - incendiary weapons (Protocol III); - blinding laser weapons (Protocol IV).

4. Unfinished products, production equipment and components for these, and the software and technology referred to in product categories 16, 18, 21 and 22 of the Common Military List of the European Union, intended to develop, produce or use the goods referred to in items 1.D.1 to 1.D.3, inclusive.

./.

5. Inert munitions and armoured protection containing depleted uranium or any other industrial uranium and the unfinished products, production equipment and components for these, and the software and technology intended to develop, produce or use these goods.

For the purposes of applying item 5, “unfinished products”, “production equipment and components for these”, “software” and “technology” are understood to have the meaning referred to in the Common Military List of the European Union.

2. Import in and transfer to the Flemish Region: defence-related products, law enforcement materials, civilian firearms, components and ammunition and other goods of which possession is prohibited in Belgium on the grounds of the Weapons Law of 8 June 2006.

1. Defence-related products other than those referred to in Part 1, law enforcement materials, civilian firearms, components, ammunition and other goods that are considered to be prohibited weapons in accordance with the Weapons Law of 8 June 2006.

The import in and transfer to the Flemish Region is permitted, however, if the applicant is entitled to acquire and possess the respective goods on the grounds of the Weapons Law of 8 June 2006 and its implementing decrees.

To be annexed to the Government of Flanders Decree of 20 July 2012 in implementing the Flemish Parliament Arms Trade Act.

The Minister-President of the Government of Flanders and the Flemish Minister of Economy, Foreign Policy, Agriculture and Rural Policy,

KRIS PEETERS

./.

Annex 2. List of defence-related products, complementary to sensitive goods, as referred to in Article 2, point 9 of the Flemish Parliament Arms Trade Act, the transfer to the Flemish Region of which must be notified, the import of which must be licensed, and of law enforcement materials, the import of which must be licensed, as referred to in Article 7, second and third subsections of the Government of Flanders Arms Trade Decree

1. Firearms that are imported or transferred for military or paramilitary use and components for these, as referred to in product category 1 of the Common Military List of the European Union, with the exception of automatic firearms and of firearms having a calibre that was classified as a military calibre by the Permanent International Commission for the Proving of Small Arms;

2. Ammunition, as referred to in product category 3 of the Common Military List of the European Union and for the firearms referred to in item 1;

3. Fire control, and related alerting and warning equipment, and related systems, test and alignment and countermeasure equipment, specially designed for military use, as referred to in product category 5 of the Common Military List of the European Union.

To be annexed to the Government of Flanders Decree of 20 July 2012 in implementing the Flemish Parliament Arms Trade Act.

The Minister-President of the Government of Flanders and the Flemish Minister of Economy, Foreign Policy, Agriculture and Rural Policy

KRIS PEETERS

Annex 3. List of law enforcement materials, the export and transit of which must be licensed, as referred to in Article 7, fourth subsection of the Government of Flanders Arms Trade Decree.

The following products, if they are not referred to in the Common Military List of the European Union, in Council Regulation (EC) No. 428/2009 setting up a regime for the control of export, transfer, brokering and transit of dual-use items or in Council Regulation (EC) No. 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment:

1. vehicles equipped with a water cannon, specially designed or modified for the purpose of law enforcement or riot control; 2. vehicles specially designed or modified to deploy mobile barriers; 3. vehicles specially designed or modified to remove barricades; 4. vehicles specially designed or modified to be electrified to repel boarders; 5. vehicles specially designed or modified for the transport or transfer of prisoners and/or detainees; 6. other vehicles specially designed or modified for law enforcement or riot control and that can be used for internal repression.

Points 1 to 6, inclusive, do not apply to vehicles specially designed or modified for the purposes of fire-fighting.

For the purposes of applying items 1 to 6, inclusive, the term “vehicle” includes semi-trailers and trailers.

7. water cannon specially designed or modified for law enforcement or riot control and the components specially designed modified for these; 8. mobile barriers specially designed or modified for law enforcement or riot control, whether or not these are equipped with razor barbed wire; 9. construction material equipped with bullet protection; 10. linear cutting explosive charges; 11. helmets providing ballistic or fragmentation protection, anti-riot helmets, anti-riot shields and ballistic shields, with the exception of equipment specially designed for sports activities or safety of work requirements; 12. fingerprint equipment specially designed or modified for law enforcement or riot control; 13. sound equipment specially designed or modified for law enforcement or riot control; 14. equipment to intercept communications specially designed or modified for the purpose of law enforcement or riot control; 15. power-controlled search lights specially designed or modified for law enforcement or riot control; 16. batons;

17. components specially designed or modified for the goods referred to in items 1 to 16, inclusive;

18. unfinished products, product equipment and components for these, and the software and technology intended to develop, produce or use the goods referred to in items 1 to 17, inclusive.

For the purposes of applying item 18, “unfinished products”, “production equipment and components for these”, “software” and “technology” are understood to have the meaning referred to in the Common Military List of the European Union.

To be annexed to the Government of Flanders Decree of 20 July 2012 in implementing the Flemish Parliament Arms Trade Act.

The Minister-President of the Government of Flanders and the Flemish Minister of Economy, Foreign Policy, Agriculture and Rural Policy

KRIS PEETERS

Annex 4. List of civilian firearms, components and ammunition that can be imported, exported, transited and transferred without a licence, as referred to in Article 37 of the Government of Flanders Arms Trade Decree.

1. Civilian firearms

A. Firearms of historic, folkloristic or decorative interest

1. The firearms of historic, folkloristic or decorative interest referred to in Article 1, points 1, 2 and 4 of the Royal Decree of 20 September 1991 on firearms of historic, folkloristic or decorative interest and deactivated firearms.

B. Deactivated firearms

1. Firearms which have been rendered permanently unfit for use by deactivation in accordance with the rules laid down in the Royal Decree of 20 September 1991 on firearms of historic, folkloristic or decorative interest and deactivated firearms.

C. Alarm weapons

1. Firearms designed for alarm purposes, which, in accordance with the Royal Decree of 18 November 1996 classifying some alarm weapons under the category of firearms subject to licensing, are regarded as freely available weapons.

D. Firearms designed for signalling, life-saving, animal slaughter or harpoon fishing purposes

1. Firearms designed for signalling, for life-saving, animal slaughter or harpoon fishing purposes, which, in accordance with the Royal Decree of 1 March 1998 on the classification into categories of some signalling pistols, some slaughtering devices and some stun weapons, are regarded as freely available weapons.

2. Components

1. Components of firearms of historic, folkloristic or decorative interest, as referred to in item 1.A.1.

To be annexed to the Government of Flanders Decree of 20 July 2012 in implementing the Flemish Parliament Arms Trade Act.

The Minister-President of the Government of Flanders and the Flemish Minister of Economy, Foreign Policy, Agriculture and Rural Policy

KRIS PEETERS

Annex 5. General licence for the transfer of defence-related products to armed forces, as referred to in Article 14, §2, point 1 of the Flemish Parliament Arms Trade Act and Article 9, §1 of the Government of Flanders Arms Trade Decree (General Licence No. 1)

§1. Defence-related products

1. This general licence applies to all defence-related products and product categories included in the Common Military List of the European Union.

§2. Destinations and consignees

2. This general licence applies to the transfer by persons having their residential address or registered office in the Flemish Region to consignees who formally constitute a part of the armed forces of another EU Member State or to a contracting authority in the field of defence, which does the purchasing for the exclusive use by the armed forces of a Member State, with the exception of the armed forces of the Kingdom of the Netherlands and the Grand Duchy of Luxembourg.

§3. Terms and conditions for the use of the general licence

3. Persons who wish to utilise this general licence for definitive transfers, must be holders of a prior authorisation, as referred to in Article 10, §1 of the Flemish Parliament Arms Trade Act and in Articles 29 to 31, inclusive, of the Government of Flanders Arms Trade Decree.

4. A person who can utilise this general licence must register with the Strategic Goods Control Unit, as referred to in Article 14, §6 of the Flemish Parliament Arms Trade Act and in Article 10 of the Government of Flanders Arms Trade Decree. He, she or it can only make transfers on the basis of this general licence if he, she or it has received confirmation of the registration from the Strategic Goods Control Unit.

5. For the first transfer to a particular consignee based on this general licence, there must be verification that the consignee does actually formally constitute a part of the armed forces of another EU Member State or is a contracting authority in the field of defence which does the purchasing for the exclusive use by those armed forces, and written proof of this must be kept.

6. With each transfer based on this general licence, there must be an indication on the commercial documents accompanying the shipment that this general licence is used and a mention of the registration number that was received, as referred to in Article 10, §4, second subsection, point 2 of the Government of Flanders Arms Trade Decree.

7. The consignee must be notified of the restrictions referred to in paragraph 5 of this licence, as referred to in Article 12, §2, second subsection of the Flemish

Parliament Arms Trade Act, no later than at the time of transfer, and written proof must be kept of this.

8. The defence-related products, which, on the grounds of this general licence, are temporarily transferred to another Member State must be re-transferred to the Flemish Region, as referred to in Article 9, §2, point 4 of the Government of Flanders Arms Trade Decree, no later than three years after the temporary transfer. Written proof is kept of the re-transfer.

9. Persons utilising this general licence must keep a detailed and full summary of their transfers based on the licence for a minimum of seven years, as referred to in Article 49, §2 of the Flemish Parliament Arms Trade Act and in Article 58, §1 and 60, §1 of the Government of Flanders Arms Trade Decree.

10. Persons utilising this general licence must use the summary referred to in item 9 to compose the biannual reports of their transfers to be provided to the Strategic Goods Control Unit, as referred to in Article 49, §1 of the Flemish Parliament Arms Trade Act and Articles 57, 58 and 60 of the Government of Flanders Arms Trade Decree.

§4. Exceptions and restrictions on the use of the general licence, as referred to in Article 14, §7, second subsection of the Flemish Parliament Arms Trade Act and Articles 9, §2, and 11 of the Government of Flanders Arms Trade Decree

11. This general licence may not be used for the transfer of defence-related products for permitted purposes, the transfer of which is prohibited on the grounds of Article 3, §1, first subsection of the Flemish Parliament Arms Trade Act.

12. This general licence may not be used for the definitive transfer of defence- related products if, at the time of the intended transfer, it is an established fact that the end use of the defence-related products shall take place outside the European Union and the end user outside the European Union is known at that point in time, unless: 1. said end user is formally a part of the armed forces of a Member State of the EU or NATO; 2. the export is necessary for the implementation of the intergovernmental cooperation programme between EU Member States for the purposes of the development, production and use of one or more defence-related products that follows on to the respective transfer; 3. the country of end use is a Member State of NATO, a Participating State of the Wassenaar Arrangement referred to in Article 16 of the Government of Flanders Arms Trade Decree or a friendly or allied country, as referred to in Article 26, §4, first subsection of the above-mentioned Flemish Parliament Act; 4. the transfer concerns non-essential components, as referred to in Article 3, point 4 of the Government of Flanders Arms Trade Decree, other than non- essential components of sensitive goods, which the consignee will fully integrate into his, her or its own product, as referred to in Article 9, §2, first subsection, point 2, d) of the Government of Flanders Arms Trade Decree.

Persons utilising the general licence in the case referred to in item 12, point 2 keep written proof that the export is necessary to implement the intergovernmental cooperation programme between EU Member States for the production of one or more defence-related products to which the respective transfer corresponds.

Persons utilising a general licence in the case referred to in the item 12, point 4 keep a written declaration made by the consignee in which the latter declares that the respective components will be integrated into his, her or its own product.

13. This general licence may not be used to transfer defence-related products for purposes for which the use of the general licence was restricted in application of Article 14, §7, second subsection and Article 43 of the Flemish Parliament Arms Trade Act and Articles 46 to 49, inclusive, of the Government of Flanders Arms Trade Decree.

14. This general licence may not be used to transfer defence-related products for the purposes falling under the general licences, numbers 3, 4, and 5, as referred to in Article 11 of the Government of Flanders Arms Trade Decree.

§5. Restrictions on the end use and export to countries outside the European Union, as referred to in Article 9, §2 of the Government of Flanders Arms Trade Decree

15. Defence-related products that are transferred to another Member State on the grounds of this general licence may not be utilised in or exported to a country outside the European Union for the use, development or production of defence- related products, the transfer of which is prohibited on the grounds of Article 3, §1, first subsection of the Flemish Parliament Arms Trade Act;

§6. Suspension and restriction of the general licence, as referred to in Article 13 of the Government of Flanders Arms Trade Decree

16. In application of Article 43 of the Flemish Parliament Arms Trade Act and Articles 46 to 49, inclusive, of the Government of Flanders Arms Trade Decree, the use of this general licence can be suspended or restricted.

§7. Temporary exclusion of persons utilising the general licence

17. In application of Article 44 of the Flemish Parliament Arms Trade Act and Articles 50 and 51 of the Government of Flanders Arms Trade Decree, a person can be temporarily excluded from using this general licence.

§8. Taking effect

18. This general licence shall come into effect on 30 June 2012.

To be annexed to the Government of Flanders Decree of 20 July 2012 in implementing the Flemish Parliament Arms Trade Act.

The Flemish Minister of Economy, Foreign Policy, Agriculture and Rural Policy

Kris PEETERS

Annex 6. General licence for the transfer of defence-related products to certified persons, as referred to in Article 14, §2, point 2 of the Flemish Parliament Arms Trade Act and Article 9, §1 of the Government of Flanders Arms Trade Decree (General Licence No. 2)

§1. Defence-related products

1. This general licence applies to all defence-related products and product categories listed in the Common Military List of the European Union, with the exception of the defence-related products falling under the definition of sensitive goods, as referred to in Article 14, §4, second subsection of the Flemish Parliament Arms Trade Act.

§2. Destinations and consignees

2. This general licence applies to the transfer by persons having their residential address or registered office in the Flemish Region to certified persons, as referred to in Article 2, point 8 of the Flemish Parliament Arms Trade Act, who are established in the Member States of the European Union, with the exception of the Kingdom of the Netherlands and the Grand Duchy of Luxembourg.

§3. Terms and conditions for the use of the general licence

4. A person who can utilise this general licence must register with the Strategic Goods Control Unit, as referred to in Article 14, §6 of the Flemish Parliament Arms Trade Act and in Article 10 of the Government of Flanders Arms Trade Decree. He, she or it can only make transfers on the basis of this general licence if he, she or it has received confirmation of this registration from the Strategic Goods Control Unit.

5. For the first transfer to a particular consignee based on this general licence, there must be verification, by means of the list of certified persons on the respective EU website, that the consignee does actually have a valid certificate as a certified person.

7. The consignee must be notified of the restrictions referred to in paragraph 5 of this licence, as referred to in Article 12, §2, second subsection of the Flemish Parliament Arms Trade Act, no later than at the time of transfer, and written proof must be kept of this.

13. This general licence may not be used to transfer defence-related products to certified persons or for purposes for which the use of the general licence was restricted in application of Article 14, §7, second subsection and Article 43 of the Flemish Parliament Arms Trade Act and Articles 46 to 49, inclusive, of the Government of Flanders Arms Trade Decree.

14. This general licence may not be used to transfer defence-related products for the purposes falling under the general licences, numbers 3, 4, and 5 as referred to in Article 11 of the Government of Flanders Arms Trade Decree.

§5. Restrictions on the end use and export to countries outside the European Union, as referred to in Article 9, §2 of the Government of Flanders Arms Trade Decree

15. Defence-related products that are transferred to another Member State on the basis of this general licence may not be utilised in or exported to a country outside the European Union for the use, development or production of defence-related products, the transfer of which is prohibited on the grounds of Article 3, §1, first subsection of the Flemish Parliament Arms Trade Act;

§6. Suspension and restriction of the general licence, as referred to in Article 13 of the Government of Flanders Arms Trade Decree

§7. Temporary exclusion of persons utilising the general licence

§8. Taking effect

18. This general licence shall come into effect on 30 June 2012.

To be annexed to the Government of Flanders Decree of 20 July 2012 in implementing the Flemish Parliament Arms Trade Act.

The Flemish Minister of Economy, Foreign Policy, Agriculture and Rural Policy

Kris PEETERS

Annex 7. General licence for the temporary transfer of defence-related products for demonstration, evaluation or exhibition purposes, as referred to in Article 14, §2, point 3 of the Flemish Parliament Arms Trade Act and Article 9, §1 of the Government of Flanders Arms Trade Decree (General Licence No. 3)

§1. Defence-related products

1. This general licence applies to all defence-related products and product categories included in the Common Military List of the European Union.

§2. Destinations and consignees

2. This general licence applies to the temporary transfer by persons having their residential address or registered office in the Flemish Region to consignees who are established in the Member States of the European Union, with the exception of the Kingdom of the Netherlands and the Grand Duchy of Luxembourg.

§3. Permitted purposes for the use of the general licence

3. This general licence may only be used for temporary transfers for “demonstration”, “evaluation” or “exhibition” purposes, as referred to in Article 12, §1, fourth subsection of the Government of Flanders Arms Trade Decree.

“Demonstration” is understood to mean: a closed presentation of defence-related products in a non-public space to any particular consignee or any number of particular consignees.

“Exhibition” is understood to mean: a public presentation of defence-related products within the scope of a commercial event of a specific duration, at which several exhibitors make demonstrations of their products to trade visitors or to the general public.

“Evaluation” is understood to mean: the use of defence-related products for their intended use to the minimum extent required to assess the technical and operational features and capabilities of the respective products for the purposes of possibly purchasing, renting or leasing the respective products.

4. In the case of demonstration, evaluation or exhibition, the respective defence- related products may not be merged into any production process and may not be used for their intended purpose, except to the minimum extent required for effective demonstration, evaluation or exhibition purposes, as referred to in Article 12, §1, second subsection of the Government of Flanders Arms Trade Decree.

§4. Terms and conditions for the use of the general licence

He, she or it can only make temporary transfers on the basis of this general licence if he, she or it has received confirmation of the registration from the Strategic Goods Control Unit.

6. With each temporary transfer based on this general licence, there must be an indication on the commercial documents accompanying the shipment that this general licence is used and a mention of the registration number that was received, as referred to in Article 10, §4, second subsection, point 2 of the Government of Flanders Arms Trade Decree.

7. The consignee must be notified of the restrictions referred to in paragraph 6 of this licence, as referred to in Article 12, §2, second subsection of the Flemish Parliament Arms Trade Act, no later than at the time of the temporary transfer, and written proof must be kept of this.

8. The defence-related products that, on the basis of this general licence, are temporarily transferred to another Member State must be re-transferred to the Flemish Region in their original state no later than three years after the temporary transfer and no component or software may be removed, copied or disseminated, with the exception of damage that occurs due to the normal use of the products for “demonstration”, “evaluation” or “exhibition” purposes, as referred to in Article 9, §2, point 4 and Article 12, §1, third subsection of the Government of Flanders Arms Trade Decree. Written proof is kept of the re-transfer.

9. Persons utilising this general licence must keep a detailed and full summary of their temporary transfers based on the licence for a minimum of seven years, as referred to in Article 49, §2 of the Flemish Parliament Arms Trade Act and in Article 58, §1 and 60, §1 of the Government of Flanders Arms Trade Decree.

10. Persons utilising this general licence must use the summary referred to in item 9 to compose the biannual reports of their temporary transfers to be provided to the Strategic Goods Control Unit, as referred to in Article 49, §1 of the Flemish Parliament Arms Trade Act and Articles 57, 58 and 60 of the Government of Flanders Arms Trade Decree.

§6. Exceptions and restrictions on the use of the general licence, as referred to in Article 14, §7, second subsection of the Flemish Parliament Arms Trade Act and Articles 9, §2, and 11 of the Government of Flanders Arms Trade Decree

11. This general licence may not be used for the temporary transfer of defence- related products for permitted purposes, the transfer of which is prohibited on the grounds of Article 3, §1, first subsection of the Flemish Parliament Arms Trade Act.

12. This general licence may not be used if the person who wishes to use it cannot guarantee that the respective defence-related products will be re- transferred to the Flemish Region in their original state, as referred to in item 8.

13. This general licence may not be used to temporarily transfer defence-related products to persons or for purposes for which the use of the general licence was

restricted in application of Article 14, §7, second subsection and Article 43 of the Flemish Parliament Arms Trade Act and Articles 46 to 49, inclusive, of the Government of Flanders Arms Trade Decree.

§5. Restrictions on the end use and export to countries outside the European Union, as referred to in Article 9, §2 of the Government of Flanders Arms Trade Decree

14. Defence-related products that are temporarily transferred to another Member State on the basis of this general licence may not be utilised in or temporarily exported to a country outside the European Union for the use, development or production of defence-related products, the transfer of which is prohibited on the grounds of Article 3, §1, first subsection of the Flemish Parliament Arms Trade Act.

§6. Suspension and restriction of the general licence, as referred to in Article 13 of the Government of Flanders Arms Trade Decree

15. In application of Article 43 of the Flemish Parliament Arms Trade Act and Articles 46 to 49, inclusive, of the Government of Flanders Arms Trade Decree, the use of this general licence can be suspended or restricted.

§7. Temporary exclusion of persons utilising the general licence

16. In application of Article 44 of the Flemish Parliament Arms Trade Act and Articles 50 and 51 of the Government of Flanders Arms Trade Decree, a person can be temporarily excluded from using this general licence.

§8. Taking effect

17. This general licence shall come into effect on 30 June 2012.

To be annexed to the Government of Flanders Decree of 20 July 2012 in implementing the Flemish Parliament Arms Trade Act.

The Flemish Minister of Economy, Foreign Policy, Agriculture and Rural Policy

Kris PEETERS

Annex 8. General licence for the temporary transfer of defence-related products for maintenance or repair purposes, as referred to in Article 14, §2, point 4 of the Flemish Parliament Arms Trade Act and Article 9, §1 of the Government of Flanders Arms Trade Decree (General Licence No. 4)

§1. Defence-related products

1. This general licence applies to all defence-related products and product categories included in the Common Military List of the European Union.

§2. Destinations and consignees

2. This general licence applies to the temporary transfer and re-transfer by persons having their residential address or registered office in the Flemish Region to consignees who are established in the Member States of the European Union, with the exception of the Kingdom of the Netherlands and the Grand Duchy of Luxembourg.

This consignee must always either be the original supplier of the respective defence-related products or the original consignee to whom the respective goods are re-transferred after maintenance or repairs in the Flemish Region, as referred to in Article 14, §2, point 4 of the Flemish Parliament Arms Trade Act.

§3. Permitted purposes for the use of the general licence

3. This general licence may only be used for temporary transfers for maintenance or repair purposes and for re-transfer to the Flemish Region after maintenance or repairs, as referred to in Article 12, §2, first subsection of the Government of Flanders Arms Trade Decree.

Maintenance or repairs may involve coincidental improvement of the original products, for example resulting from the use of modern spare parts or from use of a later built standard for reliability or safety reasons, provided that this does not result any enhancement to the functional capability of the products or provide the products with new or additional functions, as referred to in Article 12, §2, second subsection of the Government of Flanders Arms Trade Decree.

§4. Terms and conditions for the use of the general licence

5. With each temporary transfer or re-transfer based on this general licence, there must be an indication on the commercial documents accompanying the shipment that this general licence is used and a mention of the registration number that was

received, as referred to in Article 10, §4, second subsection, point 2 of the Government of Flanders Arms Trade Decree.

6. The consignee must be notified of the restrictions referred to in paragraph 6 of this licence, as referred to in Article 12, §2, second subsection of the Flemish Parliament Arms Trade Act, no later than at the time of the temporary transfer or re-transfer, and written proof must be kept of this.

7. The defence-related products, which, on the basis of this general licence, are temporarily transferred to another Member State for maintenance or repair purposes must be re-transferred to the Flemish Region, as referred to in Article 9, §2, point 4 of the Government of Flanders Arms Trade Decree, no later than three years after the temporary transfer. Written proof is kept of the re-transfer.

8. Persons utilising this general licence must keep a detailed and full summary of their temporary transfers or re-transfers based on the licence for a minimum of seven years, as referred to in Article 49, §2 of the Flemish Parliament Arms Trade Act and in Article 58, §1 and 60, §1 of the Government of Flanders Arms Trade Decree.

9. Persons utilising this general licence must use the summary referred to in item 8 to compose the biannual reports of their temporary transfers or re-transfers to be provided to the Strategic Goods Control Unit, as referred to in Article 49, §1 of the Flemish Parliament Arms Trade Act and Articles 57, 58 and 60 of the Government of Flanders Arms Trade Decree.

§5. Exceptions and restrictions on the use of the general licence, as referred to in Article 14, §7, second subsection of the Flemish Parliament Arms Trade Act and Articles 9, §2, and 11 of the Government of Flanders Arms Trade Decree

10. This general licence may not be used for the temporary transfer or re-transfer of defence-related products for permitted purposes, the transfer of which is prohibited on the grounds of Article 3, §1, first subsection of the Flemish Parliament Arms Trade Act.

11. This general licence may not be used if the person who wishes to utilise it cannot guarantee that, in the case of maintenance or repairs, the functional capabilities of the respective defence-related products will not be enhanced or that the products will not be provided with new or additional functions, as referred to in item 3.

12. This general licence may not be used to temporarily transfer or re-transfer defence-related products to persons or for purposes for which the use of the general licence was restricted in application of Article 14, §7, second subsection and Article 43 of the Flemish Parliament Arms Trade Act and Articles 46 to 49, inclusive, of the Government of Flanders Arms Trade Decree.

§6. Restrictions on the end use and export to countries outside the European Union, as referred to in Article 9, §2 of the Government of Flanders Arms Trade Decree

13. Defence-related products that are temporarily transferred to another Member State on the basis of this general licence may not be utilised in or temporarily exported to a country outside the European Union for the use, development or production of defence-related products, the transfer of which is prohibited on the grounds of Article 3, §1, first subsection of the Flemish Parliament Arms Trade Act.

§7. Suspension and restriction of the general licence, as referred to in Article 13 of the Government of Flanders Arms Trade Decree

14. In application of Article 43 of the Flemish Parliament Arms Trade Act and Articles 46 to 49, inclusive, of the Government of Flanders Arms Trade Decree, the use of this general licence can be suspended or restricted.

§8. Temporary exclusion of persons utilising the general licence

15. In application of Article 44 of the Flemish Parliament Arms Trade Act and Articles 50 and 51 of the Government of Flanders Arms Trade Decree, a person can be temporarily excluded from using this general licence.

§9. Taking effect

16. This general licence shall come into effect on 30 June 2012.

To be annexed to the Government of Flanders Decree of 20 July 2012 in implementing the Flemish Parliament Arms Trade Act.

The Flemish Minister of Economy, Foreign Policy, Agriculture and Rural Policy

Kris PEETERS

Annex 9. General licence for the transfer of defence-related products within the scope of an intergovernmental cooperation programme, as referred to in Article 14, §2, point 5 of the Flemish Parliament Arms Trade Act and Article 9, §1 of the Government of Flanders Arms Trade Decree (General Licence No. 5)

§1. Defence-related products

1. This general licence applies to all defence-related products and product categories included in the Common Military List of the European Union.

§2. Destinations and consignees

2. This general licence applies to the transfer by persons having their residential address or registered office in the Flemish Region to consignees who are established in the EU Member States participating in an intergovernmental cooperation programme between EU Member States for the development, production and use of one or more defence-related products corresponding to the respective transfer, with the exception of the consignees established in the Kingdom of the Netherlands and the Grand Duchy of Luxembourg.

§3. Permitted purposes for the use of the general licence

3. This general licence may only be used for transfers that are necessary for the implementation of the intergovernmental cooperation programme between EU Member States for the purposes of the development, production and use of one or more defence-related products that follows on to the respective transfer.

§4. Terms and conditions for the use of the general licence

4. Persons who wish to utilise this general licence for definitive transfers, must be holders of a prior authorisation, as referred to in Article 10, §1 of the Flemish Parliament Arms Trade Act and in Articles 29 to 31, inclusive, of the Government of Flanders Arms Trade Decree.

5. A person who can utilise this general licence must register with the Strategic Goods Control Unit, as referred to in Article 14, §6 of the Flemish Parliament Arms Trade Act and in Article 10 of the Government of Flanders Arms Trade Decree. He, she or it can only make transfers on the basis of this general licence if he, she or it has received confirmation of the registration from the Strategic Goods Control Unit.

6. For the first transfer to a particular consignee based on this general licence, there must be verification that the consignee does actually formally participate in the intergovernmental cooperation programme between EU Member States for the development, production and use of one or more defence-related products to which the respective transfer corresponds; written proof of this must be kept.

7. With each transfer based on this general licence, there must be an indication on the commercial documents accompanying the shipment that this general licence is

used and a mention of the registration number that was received, as referred to in Article 10, §4, second subsection, point 2 of the Government of Flanders Arms Trade Decree.

8. The consignee must be notified of the restrictions referred to in paragraph 6 of this licence, as referred to in Article 12, §2, second subsection of the Flemish Parliament Arms Trade Act, no later than at the time of transfer, and written proof must be kept of this.

9. The defence-related products, which, on the basis of this general licence, are temporarily transferred to another Member State must be re-transferred to the Flemish Region, as referred to in Article 9, §2, point 4 of the Government of Flanders Arms Trade Decree, no later than three years after the temporary transfer. Written proof is kept of the re-transfer.

10. Persons utilising this general licence must keep a detailed and full summary of their transfers based on the licence for a minimum of seven years, as referred to in Article 49, §2 of the Flemish Parliament Arms Trade Act and in Article 58, §1 and 60, §1 of the Government of Flanders Arms Trade Decree.

11. Persons utilising such general licence must use the summary referred to in point 10 to compose the bi-annual reports of their transfers to be provided to the Strategic Goods Control Unit,, as referred to in Article 49, §1 of the Flemish Parliament Arms Trade Act and Articles 57, 58 and 60 of the Government of Flanders Arms Trade Decree.

12. This general licence may not be used for the transfer of defence-related products for permitted purposes, the transfer of which is prohibited on the grounds of Article 3, §1, first subsection of the Flemish Parliament Arms Trade Act.

13. This general licence may not be used for the definitive transfer of defence- related products if, at the time of the intended transfer, it is an established fact that the end use of the defence-related products shall take place outside the European Union and the end user outside the European Union is known at that point in time, unless: 1. said end user is formally a part of the armed forces of a Member State of the EU or NATO; 2. the export is necessary for the implementation of the intergovernmental cooperation programme between EU Member States for the purposes of the development, production and use of one or more defence-related products that follows on to the respective transfer; 3. the country of end use is a Member State of NATO, a Participating State of the Wassenaar Arrangement referred to in Article 16 of the Government of Flanders Arms Trade Decree or a friendly or allied country, as referred to in Article 26, §4, first subsection of the above-mentioned Flemish Parliament Act;

4. the transfer concerns non-essential components, as referred to in Article 3, point 4 of the Government of Flanders Arms Trade Decree, other than non- essential components of sensitive goods, which the consignee will fully integrate into his, her or its own product, as referred to in Article 9, §2, first subsection, point 2, d) of the Government of Flanders Arms Trade Decree.

Persons utilising the general licence in the case referred to in item 13, point 2 keep written proof that the export is necessary to implement the intergovernmental cooperation programme between EU Member States for the production of one or more defence-related products to which the respective transfer corresponds.

Persons utilising a general licence in the case referred to in the item 13, point 4 keep a written declaration made by the consignee in which the latter declares that the respective components will be integrated into his, her or its own product.

14. This general licence may not be used to transfer defence-related products to persons or for purposes for which the use of the general licence was restricted in application of Article 14, §7, second subsection and Article 43 of the Flemish Parliament Arms Trade Act and Articles 46 to 49, inclusive, of the Government of Flanders Arms Trade Decree.

15. This general licence may not be used to transfer defence-related products for the purposes falling under the general licences, numbers 3 and 4, as referred to in Article 11 of the Government of Flanders Arms Trade Decree.

§6. Restrictions on the end use and export to countries outside the European Union, as referred to in Article 9, §2 of the Government of Flanders Arms Trade Decree

16. Defence-related products that are transferred to another Member State on the basis of this general licence may not be utilised in or exported to a country outside the European Union for the use, development or production of defence-related products, the transfer of which is prohibited on the grounds of Article 3, §1, first subsection of the Flemish Parliament Arms Trade Act;

§7. More detailed terms and conditions, suspension and restriction of the general licence, as referred to in Article 13 of the Government of Flanders Arms Trade Decree

17. In application of Article 43 of the Flemish Parliament Arms Trade Act and Articles 46 to 49, inclusive, of the Government of Flanders Arms Trade Decree, the use of this general licence can be suspended or restricted.

§8. Temporary exclusion of persons utilising the general licence

18. In application of Article 44 of the Flemish Parliament Arms Trade Act and Articles 50 and 51 of the Government of Flanders Arms Trade Decree, a person can be temporarily excluded from using this general licence.

§9. Taking effect

19. This general licence shall come into effect on 30 June 2012.

To be annexed to the Government of Flanders Decree of 20 July 2012 in implementing the Flemish Parliament Arms Trade Act.

The Flemish Minister of Economy, Foreign Policy, Agriculture and Rural Policy

Kris PEETERS