My bookmarksSign up free
Source

Council Decision (CFSP) 2021/38 of 15 January 2021 establishing a common approach on the elements of end-user certificates in the context of the export of small arms and light weapons and their ammunition

Council Decision (CFSP) 2021/38 of 15 January 2021 establishing a common approach on the elements of end-user certificates in the context of the export of small arms and light weapons and their ammunition

Decision (CFSP) 2021/38 · Decision · 12 articles

Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Article 1

Open ↗

The purpose of this Decision is to help prevent the diversion of small arms and light weapons (SALW) and their ammunition to unintended end-users or end-uses, by agreeing on common elements for end-user certificates in the context of the implementation of the Union’s common rules governing control of exports of military technology and equipment.

Article 2

Open ↗

This Decision applies to permanent exports of SALW and their components, accessories and ammunition, as set out in the Annex.

Article 3

Open ↗

For the purposes of this Decision, the following definitions apply: (1) ‘end-user’ means the final consignee and owner of the exported goods known at the time of the export licence application, according to the contractual terms of the transaction; (2) ‘export’ means any departure of goods from the customs territory of the Union, including the departure of goods that require a customs declaration and the departure of goods after their storage in a free zone within the meaning of Regulation (EU) No 952/2013 of the European Parliament and of the Council  ( 6 ) ; (3) ‘exporter’ means any natural or legal person or partnership resident or established in the Union that submits an export licence application or on whose behalf such an application is submitted, namely the person or partnership that, at the time the application is accepted, holds the contract with the consignee in the relevant third country and has the necessary power to determine the sending of the goods out of the customs territory of the Union. If no such contract has been concluded or if the holder of that contract does not act on its own behalf, ‘exporter’ means the person, entity or body who has the necessary power to determine the sending of the goods out of the customs territory of the Union. Where the benefit of a right to dispose of the goods belongs to a person, entity or body resident or established outside the Union pursuant to that contract, ‘exporter’ means the contracting party resident or established in the Union.

Article 4

Open ↗

Authorisation by a Member State of the export of goods as referred to in Article 2 shall require a thoroughly checked end-user certificate or appropriate documentation, signed by the end-user prior to that authorisation.

Article 5

Open ↗

1.   Member States shall require the following essential elements regarding identification to be included in the end-user certificate referred to in Article 4: (a) details of the exporter (including name, address, business name and, if available, company registration number); (b) details of the end-user (including name, address, business name and, if available, company registration number). In the case of export to a private company that resells the goods on a local market, that company will be regarded as the end-user for the purposes of this Decision. This shall not prevent Member States from evaluating licence applications that concern exports to resellers differently from licence applications concerning exports to end-users; (c) country of final destination; (d) description of the goods, including, if available, the contract number or order number; (e) if applicable, quantity or value of the goods intended for export; (f) signature, name and title of the end-user and, if deemed necessary by the Member State concerned, name of the competent government authority in the country of final destination; (g) if applicable, certification by the relevant government authorities, according to national practice (including the date, name, title and original signature of the authorising official); (h) the date of issue of the end-user certificate; (i) if applicable, a unique identifying number or contract number relating to the end-user certificate; (j) indication of the intended end-use of the goods; (k) if appropriate, details of the relevant broker (including name, address, business name and, if available, company registration number). 2.   Member States shall require the following essential commitments by the end-user with regard to the goods covered by the end-user certificate referred to in Article 4 to be included in that certificate, by means of its signature by the end-user: (a) that the goods will not be used for purposes other than the declared use; and (b) that any re-export of the goods: (i) outside of the importing country, or transfer of custody of the goods within the importing country, is prohibited; or (ii) is limited to a list of countries identified in the end-user certificate, or that any transfer of custody of the goods within the importing country is limited to a list or category of entities identified in the end-user certificate; or (iii) outside of the importing country, or transfer of custody of the goods within the importing country, must be subject to prior written approval by the authorities of the exporting Member State. A Member State may decide to transfer the authority to provide such an approval to the competent authorities of the importing country.

Article 6

Open ↗

Member States may require the following optional elements to be included in the end-user certificate referred to in Article 4: (a) a commitment by the end-user to notify the exporting Member State in case of loss or theft of the goods covered by the end-user certificate; (b) a commitment by the end-user to confirm reception of the goods covered by the end-user certificate, including their exact quantity; (c) a commitment by the end-user to allow post-shipment on-site verification of the exported goods by representatives of the exporting Member State, including details of arrangements for the verification visits; (d) assurances by the end-user that demonstrate its capacity for safe and secure weapons and ammunition management, including its capacity for safe and secure management of the stockpiles where the goods will be stored; (e) a commitment by the end-user on decommissioning of surplus military equipment, including: (i) a ‘new for old’ commitment to destroy the old goods that will be replaced by the imported goods; and/or (ii) a ‘destruction after decommissioning’ commitment to destroy the imported goods after decommissioning.

Article 7

Open ↗

Member States shall hold records of the issued end-user certificates referred to in Article 4 in accordance with national law and practice.

Article 8

Open ↗

When deemed necessary, Member States shall verify the authenticity of the signature on the end-user certificate and, if relevant, the capacity of the signatory to make commitments on behalf of the end-user. In case of doubt regarding the authenticity of the end-user certificate, Member States may verify it by any means according to national practice. If the authenticity of the end-user certificate cannot be verified, the Member State shall not issue the licence.

Article 9

Open ↗

If a Member State identifies a fraud with, falsification of, or violation of an end-user certificate, it shall share this information with the other Member States via the COARM online system, taking into account relevant national considerations.

Article 10

Open ↗

Member States shall share samples of their end-user certificate formats, if available, with the other Member States via the COARM online system.

Supplementary provisions

ANNEXSupplementary provisions

Open ↗

ANNEX This Decision shall apply to the following categories of military equipment, insofar as these categories are included in categories ML1, ML2, ML3 and ML4 of the Common Military List of the European Union. The following categories do not prejudge any future internationally agreed definition of small arms and light weapons (SALW) and may be subject to further clarification, and may be reviewed in the light of any future internationally-agreed definition of SALW. Categories of military equipment to which this Decision applies: (a) small arms: — assault rifles, — semi-automatic rifles and carbines specially designed for military use, — revolvers and self-loading pistols specially designed for military use, — light machine guns, — sub-machine guns, including machine pistols; (b) light weapons: — heavy machine guns, — cannons, howitzers and mortars of less than 100 mm calibre, — grenade launchers, — recoilless guns, — man- or crew-portable shoulder-fired rockets and other anti-tank and air defence systems that fire projectiles, including MANPADS; (c) components, specially designed for equipment listed in points (a) and (b); (d) accessories (such as night scopes, sound suppressors, etc.) specially designed for equipment listed in points (a) and (b); (e) ammunition designed to be fired by equipment listed in points (a) and (b).

Other acts of the same type
Commission Implementing Decision (EU) 2016/775 of 18 May 2016 on the benchmark to allocate greenhouse gas emission allowances free of charge to aircraft operators pursuant to Article 3f(5) of Directive 2003/87/EC of the European Parliament and of the Council (Text with EEA relevance)Commission Implementing Decision (EU) 2016/786 of 18 May 2016 laying down the procedure for the establishment and operation of an independent advisory panel assisting Member States and the Commission in determining whether tobacco products have a characterising flavour (notified under document C(2016) 2921) (Text with EEA relevance)Commission Implementing Decision (EU) 2016/787 of 18 May 2016 laying down a priority list of additives contained in cigarettes and roll-your-own tobacco subject to enhanced reporting obligations (notified under document C(2016) 2923) (Text with EEA relevance)Council Decision (EU) 2016/815 of 17 May 2016 concerning the accession of Croatia to the Convention, drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities' financial interests and to the Protocol of 27 September 1996, the Protocol of 29 November 1996 and the Second Protocol of 19 June 1997 theretoCouncil Decision (EU) 2016/817 of 17 May 2016 on the conclusion, on behalf of the European Union, of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Community on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other handCouncil Decision (EU) 2016/833 of 17 May 2016 establishing the position to be adopted, on behalf of the European Union, at the 54th session of the Committee of Experts for the Carriage of Dangerous Goods set up by the Intergovernmental Organisation for International Carriage by Rail (OTIF) as regards certain amendments to Appendix C to the Convention concerning International Carriage by RailCouncil Decision (EU) 2016/763 of 13 May 2016 establishing the position to be taken on behalf of the European Union within the Committee on Government Procurement as regards the draft decision on arbitration procedures pursuant to Article XIX:8 of the Revised Agreement on Government ProcurementCommission Implementing Decision (EU) 2016/771 of 13 May 2016 temporarily authorising Spain to approve for marketing seed of the species Pinus radiata D. Don imported from New Zealand, which does not satisfy the requirements of Council Directive 1999/105/EC in respect of identification and labelling, and planting stock produced from that seed (notified under document C(2016) 2784)Council Decision (CFSP) 2016/712 of 12 May 2016 amending Decision 2014/486/CFSP on the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine)Council Decision (CFSP) 2016/713 of 12 May 2016 amending Joint Action 2008/851/CFSP on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coastCouncil Decision (EU) 2016/783 of 12 May 2016 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (Budget Line 12.02.01)Council Decision (EU) 2016/784 of 12 May 2016 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (Budget Line 04 03 01 03)

Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

Contents

What to look at next