Key Benefits:
Arrangement of the State Secretary for Economic Affairs, Agriculture and Innovation dated 28 October 2011, no. WJZ/11134677, establishing a revised Implementing Arrangements for Strategic Goods (Strategic Goods Implementing Regulation 2012)
The Secretary of State for Economic Affairs, Agriculture and Innovation,
Having regard to Regulation (EC) 428/2009 of the Council of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (PbEU 2009, L 134), Directive 2009 /43/EC of the European Parliament and of the Council of 6 May 2009 on the simplification of the conditions for the transfer of defence-related products within the Community (PbEU 2009, L 146) and the Articles 1 , 4b, third member , 6, first paragraph , 7, third member , 10, second and third members , 12, 1st Member , 14, third member , 16, second and third members , 17, second paragraph , 19, 1st Member , 21, 4th Member , 24, second and third members , 25, second paragraph , 26, second paragraph , and 27, third paragraph, of the Decision on strategic goods ;
Decision:
For the purposes of this arrangement:
- Decision: The Decision on strategic goods ;
- ERA: the European Space Agency in Noordwijk, established by the Treaty establishing the European Space Agency (Trb. 1990, 43);
- EU Common List of Military Goods: the list of goods to which the Council Common Position 2008 /944/CFSP of 8 December 2008 establishing common rules for the control of exports of military goods and technology (PbEU 2008, L 335), application;
- Inspector: The General Manager of the Tax Authority/Customs;
- Joint Force Command Brunssum: the Headquarters established at Brunssum, referred to in the Agreement between the Kingdom of the Netherlands and the General Headquarters of the Allied Powers in Europe on the special conditions applicable to the establishment and the establishment of the the functioning of international military headquarters within the European territory of the Kingdom of the Netherlands (Trb. 1964, 131);
- Minister: Minister for Foreign Trade and Development Cooperation;
- NATO forces: the armed forces of a foreign power, which is a party to the North Atlantic Treaty (Stb. J 335);
- permit: a transit permit, an individual or global export permit, or an individual or global transfer permit;
- Regulation 952/2013: Regulation (EU) 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (PbEU 2013, L 269);
If military goods are designated, the goods are included in the EU Common Military List.
1 A licence for military goods shall be requested by the decision-making competent of the person carrying out customs formalities, or, where customs formalities are not carried out, by the person transporting the goods.
2 An authorisation as referred to in Article 3 of Regulation 428/2009 whether a military permit is requested from the inspector.
3 exporters established in the Netherlands as referred to in Article 2, third paragraph, of Regulation 428/2009 applications for authorisation as referred to in Article 3 of this Regulation shall be applied for Regulation 428/2009 , in writing in the case of the inspector, even if the goods are located in the territory of another Member State of the European Union.
4 The competent decision declares that when requesting an export licence for military goods, if the military goods received from another Member State are subject to export restrictions, they declare that they are subject to the conditions set out in that Article. restrictions have been met.
5 A permit for military goods may cover included spare parts and accessories, to the extent that they are delivered under the same agreement relating to the supply of military goods for which the permit has been granted.
In any case, the inspector may, in the application for a licence, request that:
(a) the agreement which underlies the transit, export or transfer in question;
b. A statement regarding the final use.
Article 5, first paragraph , Article 11, first paragraph , and Article 18, first paragraph, of the Decision shall not be subject to the transit, export or transfer of:
a. Military goods intended for use by the Dutch armed forces;
b. Military goods, owned and intended for use by NATO forces or the Joint Force Command in Brunssum;
c. Military goods, owned by the ERA;
d. Military vehicles used by foreign armed forces on occasions such as state or courtesy visits, fleet ships, or aero manifestations.
Condition for the use of a licence as referred to in Article 9 (1) of Regulation (EC) No 428/2009 shall be that at least two weeks prior to its use a written request for registration is filed with the Central Service for Import and export (CDIU), Postbus 30003, 9700 RD Groningen. In any event, the application for registration shall contain the name and address of the exporter and, where the exporter has it, the number, as referred to in Article 1 (18) of the Delegated Regulation (EU) No 2331/Regulation (EU) No 2381/18 of the EC Treaty. 2015/2446 of the Commission of 28 July 2015 supplementing Regulation 952/2013 (PbEU 2015, L 343) (EORI-Number).
1 The notification referred to in Article 10 of the Decision be made in writing by the decision-making competent of the person carrying out the customs formalities, or, where customs formalities are not carried out, by the person transporting the goods and taking place with the inspector.
2 The notification shall, in any event, contain:
a. country of destination;
b. The name of the consignee of the military goods;
c. a description of the military goods covered by the notification, including the postal number by which the goods in question are identified in the Common Military List, the marks and numbers, the number of and the type of packages, or, for goods in the case of unpacked goods, the number of items;
d. the country where the military goods are at the time of the notification.
3 The inspector may give written consent to a person who has been held to make reports, give the notification otherwise than in writing.
4 The notification shall be made at the latest at the time of entry into the territory of the Netherlands.
5 In the case of transit through the Netherlands as referred to in paragraph 1, provided that the information referred to in points (c) and (d) of the second paragraph is provided, the following shall be notified:
a. Application for the purpose of obtaining consent to enter as intended Article 14 of the Arms and Ammunition Act
b. A entry summary declaration as referred to in Article 127 of Regulation 952/2013;
6 A consent until entering and going out as intended Article 14, first paragraph, of the Arms and Ammunition Act applies as an individual transit permit as specified in Article 5, first paragraph, of the Decision , if the transit consignment is not intended for commercial purposes.
No notification is required for:
a. The transit of military goods carried by the territorial waters without landing or through the airspace of the Netherlands;
b. the transit, export or transfer of military goods specified in Article 5 ;
c. the transfer from the Netherlands of military goods to Belgium and Luxembourg.
To a licence as referred to in Article 3 of this Regulation. Regulation 428/2009 the following requirements may be attached to the following:
(a) the goods to which the authorization relates shall be re-imported within a period to be determined by the authorization, which shall be demonstrated within one month of re-importation;
b. an invoice shall be sent to the inspector for each transit, export or transfer carried out with an authorization as referred to in paragraph 1, which shall include:
1 °. the number of the licence;
2 °. the name and address of the recipient;
3 °. a description of the goods to be exported, exported or transferred, including the postal number by which the goods in question are identified in the EU Common Military List or in Annex I to this Regulation; Regulation 428/2009 ;
4 °. the quantity and value of goods to be exported, exported or transferred;
(c) by means of a certificate of receipt, a certified copy of an import document or a final user declaration, it shall be shown to the inspector that the goods have reached the destination for which the authorisation was granted.
An authorisation of which no use is made shall be sent immediately to the inspector, stating the reasons for the authorisation.
Decision-making competent to report to the inspector within two months of the end of each half calendar year on the use of an individual or global export permit or an individual or global transfer licence for military goods by means of a summary that contains the following information:
a. A description of the military goods, including the postal number by which the goods in question are designated in the EU Common Military List;
b. The quantity and value of military goods, except for the purpose of temporary export or transfer of military goods in relation to demonstration or repair purposes;
c. the dates of deliveries;
d. Name and address of the recipient and, if known, the end-user of military goods.
1 The application for recognition, as provided for in Article 27 of the Decision , shall be submitted to the inspector in writing.
2 A decision to recognise shall be granted if the applicant:
a. has experience of defence activities;
b. has a relevant industrial activity in military goods within the European Union;
c. has the ability to integrate systems and subsystems and integrates the military goods in (sub) systems;
d. has appointed an Executive Board member responsible for the transfer and export of military goods;
e. a written declaration signed by the board member referred to in subparagraph D that it will take all the necessary measures to comply with all the specific conditions relating to the final use and the export of each individual specific component or product;
f. a written declaration signed by the Board of Directors referred to in point (d), from the undertaking that it will provide the competent authorities with detailed information on the requests and inquiries with the necessary care end users or end-use of all products that this company has transferred or disposed of as part of a general transfer permit from another Member State, and
g. has a comprehensive description of the internal programme to comply with the transfer and export control procedure or the export management system of the undertaking, signed by the Executive Board in accordance with point (d).
3 The recognition decision shall contain:
a. The name and address of the applicant;
(b) a declaration that the applicant fulfils the conditions set out in paragraph 2;
c. the date of issue and the period of validity of the recognition.
4 The Minister may request further information for verification of the requirements referred to in paragraph 2.
The Implementing strategic goods shall be withdrawn.
This arrangement shall enter into force on 30 June 2012.
This arrangement is cited as: Implementing settlement strategic goods 2012.
This arrangement will be set out in the Official Journal.
' s-Gravenhage, 28 October 2011
TheState Secretary
of Economic Affairs, Agriculture and Innovation,H. Bleker
