Notice Of Certification Of Recipients Of War Material, That Are Imported From Other Eu Or Eea Countries

Original Language Title: Bekendtgørelse om certificering af modtagere af krigsmateriel, der indføres fra andre EU- eller EØS-lande

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Overview (table of contents)



Annex 1



The default template for certificates under section 1, paragraph 2, of the Ordinance on the certification of recipients of war material, that are imported from other EU or EEA countries


The full text of the Ordinance on the certification of recipients of war material, that are imported from other EU or EEA lande1)

Pursuant to section 9 (a), paragraph 4, and section 15, paragraph 3, of the law on war materials, etc., see. lovbekendtgørelse nr. 720 by 7. July 2009, as amended by Act No. 564 of 18. June 2012, fixed: § 1. The Minister of Justice may, under section 9 (a) of the law on war materials, etc., certify an establishment to receive items covered by a general authorization for the export of war materials issued by the authorities in another EU or EEA country, see. Article 5 of European Parliament and Council directive 2009/43/EC of 6 May 2003. May 2009 on simplifying terms and conditions of transfers of defence-related products within the community.

(2). A certified company is issued a certificate as proof. The certificate shall be drawn up on the basis of default template in annex 1 to this notice.

§ 2. An application for certification under section 1 shall be submitted to the Ministry by the company seeking to become certified. The application must contain the following information: 1) Documented experience in the field of defence activities, paying special attention to the company's past compliance with export restrictions, any judgments accordingly, permission for the production or marketing of defence related products and employment of qualified parent staff, 2) relevant industrial activity relating to defence-related products within the EU or the EEA, in particular the capacity for system/subsystemintegration, 3) identification of the employee who is appointed to be responsible for the export of war materials. The employee must be a member of the company's governing body, 4) a written statement signed by the person specified in (i); 3, whereby the Company undertakes to take all the necessary measures to comply with and enforce any specific conditions of end use and exports of war materiel to countries outside the EU or EEA, 5) a written statement signed by the person in the No. 3, whereby the Company undertakes, upon request, to give the Justice Department any information regarding end users or end the use of war material, which the company either performing or introducing pursuant to a licence from another Member State, and 6), a description that has been confirmed by the person in the No. 3, of the company's internal program to ensure compliance with the applicable rules on the export of defence equipment. The description should contain detailed information on the organisational, human and technical resources allocated to the management of the chain of responsibility in the company exports, internal control procedures, awareness-raising and training activities, physical and technical security measures, as well as recording and traceability of exports.

§ 3. A certified company on the basis of the certificate can only receive war material to use for the company's own production, maintenance or repair.

§ 4. A certified company has an obligation to inform the Ministry of Justice in writing of any change in the company's circumstances, which occur after the date the certificate was issued, and which could have an impact on its continued validity.

§ 5. A certification under section 1 is valid for 5 years from its date of issue.

§ 6. With fine punished anyone who violates sections 3 and 4.

(2). That can be imposed on companies, etc. (legal persons) criminal liability according to the rules laid down in the Penal Code Chapter 5.

§ 7. The notice shall enter into force on the 30. June 2012.

The Ministry of Justice, the 27. June 2012 Morten Bødskov/Anne Fode



Annex 1 Standard template for certificates under section 1, paragraph 2, of the Ordinance on the certification of recipients of war material, that are imported from other EU or EEA countries CERTIFICATE



issued in accordance with European Parliament and Council directive 2009/43/EC of 6 May 2003. May 2009 on simplifying terms and conditions of transfers of defence-related products within the community





 



 





Certificate nr. …………. .





 



 





The beneficiary undertaking





 





Navn: ……………………………………………………………………. . .





 





CVR-nr.: …………………………………………………………………. .





 





Adresse: …………………………………………………………………. . .





 





satisfies the conditions laid down in article 9, paragraph 2, of Directive 2009/43/EC as transposed by law No. 413 of 9. May 2011 amending Firearms Act and law on war materials, etc. and Act No. 564 of 18. June 2012 amending Firearms Act and law on war materials, etc. as well as Executive Order No. 690 by 27. June 2012 amending Executive order on weapons and ammunition, etc. and Decree No. 691 of 27. June 2012 on the certification of recipients of war material, that are imported from other EU or EEA countries.





 





The certified recipient company and its following production units shall have the right to receive defence related products for use in their own production and to maintenance and repair under general export authorisations published by other Member States.





 





Production units ' addresses:.................................................





 



 





This certificate grants permission to receive defence-related products set out in annex 1 to the Decree No. 690 by 27. June 2012 amending Executive order on weapons and ammunition, etc., without prejudice. However, section 3 of Decree No. 691 of 27. June 2012 on the certification of recipients of war material, that are imported from other EU or EEA countries





 



 





The terms of this certificate can be found in section 9 (a) of the law on war materials, etc. and notice of certification of recipients of war material, that are imported from other EU or EEA countries.





 



 





This certificate is valid from............ (the effective date) to ... ... ... ... (expiration date)





 



 





Issued in the Ministry of Justice, slotsholmsgade 10, 1216 Copenhagen K





 





The................ (udstedelsesdato)





 



 



 





……………………………………………………………….



(Signature of the competent authority,





responsible for certification)











Official notes 1) Ordinance contains provisions implementing parts of the European Parliament and of the Council directive 2009/43/EC of 6 May 2003. May 2009 on simplifying terms and conditions of transfers of defence-related products within the community, Official Journal of the European Union 2009, nr. L 146, page 1, as amended by Commission directive 2010/80/EU of 22. November 2010 amending European Parliament and Council directive 2009/43/EC, as regards the list of defence-related products, the official journal of the European Union 2010, nr. L 308, page 11-45, and Commission directive 2012/10/EU of 22. March 2012 amending European Parliament and Council directive 2009/43/EC, as regards the list of defence-related products, the official journal of the European Union 2012, nr. L 85, page 3-34.