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CHAPTER IU.K.SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1U.K.Subject matter

1.The aim of this Directive is to simplify the rules and procedures applicable to the intra-Community transfer of defence-related products in order to ensure the proper functioning of the internal market.

2.This Directive does not affect the discretion of Member States as regards policy on the export of defence-related products.

3.The application of this Directive is subject to Articles 30 and 296 of the Treaty.

4.This Directive does not affect the possibility for Member States to pursue and further develop intergovernmental cooperation, whilst complying with the provisions of this Directive.

Article 2U.K.Scope

This Directive applies to defence-related products as set out in the Annex.

Article 3U.K.Definitions

For the purposes of this Directive, the following definitions shall apply:

1.

‘defence-related product’ means any product listed in the Annex;

2.

‘transfer’ means any transmission or movement of a defence-related product from a supplier to a recipient in another Member State;

3.

‘supplier’ means the legal or natural person established within the Community who is legally responsible for a transfer;

4.

‘recipient’ means the legal or natural person established within the Community who is legally responsible for the receipt of a transfer;

5.

‘transfer licence’ means an authorisation by a national authority of a Member State for suppliers to transfer defence-related products to a recipient in another Member State;

6.

‘export licence’ means an authorisation to supply defence-related products to a legal or natural person in any third country;

7.

‘passage through’ means the transport of defence-related products through one or more Member States other than the originating and receiving Member States.