2011年1月11日委员会建议,根据欧洲议会和理事会指令2009/43/EC(该指令简化了共同体范围内运输防卫产品的条款和条件)第9条,认可防卫企业

技术法规类型:欧盟Eurlex法规 来源:tbtmap

EURLEX ID:32011H0024

OJ编号:OJ L 11, 15.1.2011, p. 62-74

中文标题:2011年1月11日委员会建议,根据欧洲议会和理事会指令2009/43/EC(该指令简化了共同体范围内运输防卫产品的条款和条件)第9条,认可防卫企业

原文标题:2011/24/EU: Commission Recommendation of 11 January 2011 on the certification of defence undertakings under Article 9 of Directive 2009/43/EC of the European Parliament and of the Council simplifying terms and conditions of transfers of defence-related products within the Community Text with EEA relevance

分类:13.20.70_其它工业部门;13.30.99_统一法的其它部分

文件类型:二级立法 Recommendation|建议

生效日期:2011-01-11

废止日期:2058-12-31

法规全文:查看欧盟官方文件

HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 11/62
EN
Official Journal of the European Union
15.1.2011
RECOMMENDATIONS
COMMISSION RECOMMENDATION
of 11 January 2011
on the certification of defence undertakings under Article 9 of Directive 2009/43/EC of the
European Parliament and of the Council simplifying terms and conditions of transfers of defence-
related products within the Community
(Text with EEA relevance)
(2011/24/EU)
THE EUROPEAN COMMISSION,
guidelines on the certification of defence undertakings
under Article 9 of Directive 2009/43/EC.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 292 thereof,
(7)
The guidelines set out in this Recommendation are based
on the best practices of certain Member States, which
Whereas:
have proven to be efficient and practicable,
(1) Article 9 of Directive 2009/43/EC of the European
Parliament and of the Council of 6 May 2009 simplifying
HAS ADOPTED THIS RECOMMENDATION:
terms and conditions of transfers of defence-related
products within the Community ( 1 ) lays down the
criteria for the certification by Member States of
1. THE
CERTIFICATION
CRITERIA
defence undertakings established on their territory as
recipients of defence-related products transferred under
1.1. Assessment of criteria set out in points (a) and (b) of
general transfer licences.
Article 9(2)
Only recipient undertakings which actually manufacture
(2) The
certification
of
undertakings
is
a
key
element
of
the
defence-related products or partly completed defence-
simplified licensing system introduced by Directive
related products covered by Directive 2009/43/EC,
2009/43/EC.
consisting of components and/or systems and sub-
systems purchased from third parties, with a view to
being placed on the market under his own name or
(3) Different
interpretations
of
the
certification
criteria
by
trademark should be eligible for certification.
Members States could hamper the implementation of
Directive 2009/43/EC and the achievement of its
simplification objective.
Certified recipient undertakings should use the defence-
related products received under the general transfer
(4) A
convergent
interpretation
and
application
of
the
certifi
licences referred to in Article 5(2)(b) of Directive
cation criteria by Member States are important to the
2009/43/EC for their own production (which includes
mutual recognition of certificates referred to in
incorporation of components into other products, or as
article 9(6) of Directive 2009/43/EC and to a wide use
spares or replacement parts) and should not retransfer or
of general licenses.
export them as such, (except for the purposes of main
tenance or repair) where the prior authorisation of an
originating Member State is required.
(5) Representatives
of
Member
States
in
the
Committee
established by Article 14 of Directive 2009/43/EC have
suggested that convergent interpretation and application
Competent authorities should be able, where appropriate
of the certification criteria could be achieved by the
and before issuing a certificate, to require a statement from
adoption of a Commission recommendation.
recipient undertaking whereby they commit themselves to
the following:
(6) Representatives
of
Member
States
in
the
Committee
established by Article 14 of Directive 2009/43/EC
therefore established a working group to prepare
(a) to use the defence-related products, received under the
general licences referred to in Article 5(2)(b) of
( 1 ) OJ L 146, 10.6.2009, p. 1.
Directive 2009/43/EC, for their own production;

EN
15.1.2011 Official
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European
Union L
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(b) to refrain from retransferring or exporting the relevant
activities at several addresses, that have been delegated the
products as such, except for the purposes of main
responsibility for transfer and export controls, should
tenance or repair.
specify which of those units are to be covered by the
certificate.
1.2. Supplies to recipient undertakings purchasing for the
exclusive use by the armed forces of a Member State
2. THE
CERTIFICATION
under general transfer licences referred to in
Article 5(2)(a) of Directive 2009/43/EC
2.1. A standard certificate template
Recipient undertakings qualifying as contracting authorities
The use of a standard certificate template set out in Annex
within the meaning of Article 1(9) of Directive
II is recommended.
2004/18/EC of the European Parliament and of the
Council ( 1 ), purchasing for the exclusive use by the
armed forces of a Member State, should be entitled to
receive defence-related products under the general
The certificate should be drafted in one of the official
licences referred to in Article 5(2)(a) of Directive
languages of the Member State issuing the certificate and
2009/43/EC without being certified.
preferably in one of the official languages of another
Member State, as indicated by the certified recipient under
taking. The date of entry into force of the certificate should
be marked on the certificate.
1.3. Assessment of criteria set out in points (c) and (f) of
Article 9(2)
The senior executive referred to in Article 9(2)(c) of
For the purposes of Article 9(4)(a), the certificate should
Directive 2009/43/EC should be personally responsible
require the certified recipient undertaking to notify the
for the internal compliance programme or transfer and
competent authority of all factors and events arising after
export management system implemented in the under
the certificate is granted which may influence validity or
taking and the staff in charge of export and transfer
content of the certificate. The certified recipient under
control. That senior executive should be a member of
taking should notify in particular the following:
the managerial body of the undertaking.
(a) any major change in its industrial activity in defence-
related products;
Where the certificate is requested for one or several
production units, the description of the chain of responsi
bility within the recipient undertaking required under
Article 9(2)(f) of Directive 2009/43/EC should clearly
establish the control of the senior executive over the
(b) any change in the address where records concerning
staff of those units in charge of export and transfer
received defence-related products are accessible to the
control.
competent authority.
For the purposes of point (a), the relevance of the change
Questions and guidelines on the description of internal
justifying notification should, where appropriate, be
compliance programmes and for subsequent assessment
assessed in the light of the information already provided
are set out in Annex I. Member States may add further
for the registration as a defence undertaking or for the
questions. Where Member States add any further questions,
granting of any defence activity licence or manufacturing
they should be directly relevant to the certification
licence.
assessment process.
2.2. Exchange of information on recipient undertakings
1.4. Organisational Structure to be certified and
seeking certification
assessment of criteria set out in points (d) and (e) of
Article 9(2)
For the purposes of Article 12 of the Directive
2009/43/EC, national competent authorities are
How certification is approached will depend on a recipient
encouraged to exchange all relevant information
undertaking’s organisational structure and how it delegates
regarding the issuance of certificates. If for the assessment
responsibility for transfer and export controls. The under
of a recipient undertaking in view of issuing a certificate it
taking could be certified as a whole or by business unit.
is necessary to collect information from other competent
Undertakings with production units and associated
authorities, the issuing national competent authority
should liaise with the other relevant national competent
( 1 ) OJ L 134, 30.4.2004, p. 114.
authorities before issuing the certificate.

L 11/64
EN
Official Journal of the European Union
15.1.2011
3. MONITORING
OF
COMPLIANCE
Directive 2009/43/EC or with the conditions attached to
the certificate and where the competent authority deems
3.1. Powers of competent authorities to carry out
the non-compliance to be of minor importance, the
compliance visits
competent authority should, within a time period not
exceeding 1 month from the date the competent
For the purpose of visits to verify compliance with the
authority first became aware of the non-compliance, take
conditions attached to the certificate and with the criteria
a decision requiring the recipient undertaking to take
set out in Article 9(2), inspectors assigned by the
corrective action.
competent authority should be at least empowered:
(a) to enter relevant premises;
That decision should immediately be notified in writing by
the competent authority to the certified recipient under
taking. Such decision should require the certified recipient
(b) to examine and take copies of the records, data, rules
undertaking to carry out the prescribed corrective action
of procedure and any other material relevant to
within a time period set out in the written notification.
products exported, transferred or received under a
transfer licence from another Member State.
On expiry of that time period, the competent authority
Such inspections should be carried out in compliance with
should verify that the corrective action has been imple
the legislation of the Member State in which they are to be
mented. The verification could include a site visit, a
undertaken.
meeting with the senior executive referred to in
Article 9(2)(c) of Directive 2009/43/EC or a senior
officer nominated by that senior executive, and/or the
3.2. Cases justifying a re-assessment
assessment of written documentation supplied by that
senior executive.
A re-assessment of compliance with the conditions
attached to the certificate and with the criteria set out in
Article 9(2) should be carried out by the competent
authority in the following cases:
Within a time period not exceeding 3 months after
completion of the verification, the certified recipient under
taking should be notified in writing of the assessment by
(a) major changes to the certified recipient undertaking,
the competent authority of the appropriateness of the
including changes to the internal organisation of the
corrective action undertaken.
undertaking or to its activities;
(b) indication that the relevant conditions and criteria are
4.2. Suspension and revocation of certificates
no longer met by the certified recipient undertaking;
The competent authority should suspend or revoke the
certificate in any of the following cases:
(c) where the certified recipient undertaking has been
prescribed to take corrective action;
(a) the certified recipient undertaking concerned has failed
(d) where suspension of the certificate is to be lifted.
to take the corrective action within the time period set
out in the written notification from the competent
authority requiring the certified recipient undertaking
3.3. Closer monitoring of newly certified recipient under
to take corrective action;
takings
The competent authority should pay particular attention to
the monitoring of newly certified recipient undertakings.
(b) the certified recipient undertaking no longer complies
The competent authority should carry out a compliance
with one or more of the criteria set out in Article 9(2)
monitoring preferably during the first year after the first
of Directive 2009/43/EC or with the conditions
time a certificate is issued.
attached to the certificate and the competent
authority deems the non-compliance to be of serious
importance.
4. CORRECTIVE MEASURES, SUSPENSION AND REVO
CATION OF CERTIFICATES
4.1. Decisions to prescribe corrective action
The decision suspending or revoking the certificate should
immediately be notified in writing by the competent
Where a certified recipient undertaking no longer complies
authority to the certified recipient undertaking and to the
with one or more of the criteria set out in Article 9(2) of
Commission.

EN
15.1.2011 Official
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of
the
European
Union L
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The competent authority should maintain the suspension
(b) the suspension is maintained until a certain date,
until the certified recipient undertaking can demonstrate
following which another verification will be carried
compliance with the criteria set out in Article 9(2) of
out;
Directive 2009/43/EC and with the conditions attached
to the certificate. The competent authority should, at the
time of written notification of the suspension of the
(c) the certificate is revoked.
certificate or in subsequent written correspondence,
impose a time limit within which such compliance
should be demonstrated by the certified recipient under
5. EXCHANGE
OF
INFORMATION
RELATING
TO
CERTIFI
taking.
CATION
Where a certificate has been granted, suspended, revoked
or suspension of a certificate has been lifted, the
4.3. Lifting suspension of the certificate
competent authority should immediately notify in writing
the certified recipient undertaking and the Commission.
Following expiry of the time limit imposed in the decision
on suspension, the competent authority should verify
whether the certified recipient undertaking is in
6. FOLLOW-UP
compliance with the criteria set out in Article 9(2) of
Directive 2009/43/EC and with the conditions attached
The Member States are invited to give effect to this Recom
to the certificate.
mendation by 30 June 2012 at the latest.
The verification could include a site visit, a meeting with
Member States are encouraged to inform the Commission
the senior executive referred to in Article 9(2)(c) of
of any measures taken to give effect to this Recommen
Directive 2009/43/EC or a senior officer nominated by
dation.
that senior executive, and/or the assessment of written
documentation supplied by that senior executive.
7. ADDRESSEES
This Recommendation is addressed to the Member States.
Within a time period not exceeding 1 month after
completion of the verification, a new decision from the
competent authority should be notified in writing to the
Done at Brussels, 11 January 2011.
certified recipient undertaking stating any of the following:
For the Commission
(a) that the suspension of certificate is lifted and the date
Antonio TAJANI
on which it takes effect;
Vice-President

L 11/66
ANNEX I
Questions and guidelines on the description of internal compliance programmes and for subsequent assessment
Core areas Key
questions Best
practice
recommendations
Relevant certification
criterion
EN

1. Organisational, human and
What percentage of the undertaking’s business (annual The purpose of these questions is to obtain additional information on the under
technical resources allocated to turnover) depends on exports and transfers of licensable taking’s internal organisation, which is relevant for assessing the impact of export/
the management of transfers items?
transfer activities on the undertaking and on the related operational procedures
and exports
How many exports and transfers of such items take place
within a year?
What functions within the company (e.g. purchasing,
engineering, project management, shipping) are involved
in the export and transfer process and how are those
Off
responsibilities organised?
icial
Has the undertaking an electronic system to manage
Jour
exports and transfers? What are its main features?
nal
of
How many people are either employed solely to deal There should always be at least 2 people in case of holiday, illness etc.
the
with the management of exports and transfers or have
responsibility for it with other tasks?
European
Does the undertaking internally circulate its written Both written commitments should be included in the compliance manuals available 9(2)(d) and 9(2)(e)
commitment of compliance with export/transfer control to export/transfer control staff and should also be known to all employees
Union
regulations and of adherence to any relevant end-use and concerned by export/transfer controls (e.g.: sales department …).
export restrictions?
Does the undertaking internally circulate its written
commitment to provide on request end-use/end-user
information?
Has the undertaking so far complied with export/transfer The undertaking should have a sound track record of compliance with export/ 9(2)(a)
control regulations?
transfer control regulations.
Are compliance manuals being provided and kept up-to- Compliance manuals for the use and guidance of export/transfer control staff should 9(2)(f)
date for export/transfer control staff?
be available, at least in electronic version (for instance, on the undertaking’s
intranet).
Those manuals should contain the operating and organisational procedures to be
followed by export/transfer control staff.
15.1.2011
Export/transfer control staff should be expeditiously informed of the amendments to
the manual applying to their tasks as well as of their entry into force.

15.1.2011 Off
Core areas Key
questions Best
practice
recommendations
Relevant certification
criterion
2. Chain
of
responsibility Please
describe
the
chain
of
responsibility
for
exports
and
The responsibility for export/transfer control compliance should be set down in 9(2)(f)
transfers within your undertaking.
writing. The written support describing the chain of responsibility (such as records
or organisation charts) should be kept up-to-date.
EN
The description should provide detail on delegations of responsibility and the

adopted routines in situations when the senior executive referred to in
Article 9(2)(c) of Directive 2009/43/EC is absent.
Is such a description always accessible to the competent Knowledge of the chain of responsibility should always be easily accessible to the 9(2)(f)
authority?
competent authority not only at the application phase but also for subsequent
compliance monitoring and compliance visits.
In which part of your undertaking is the export/transfer Whether export/transfer control management is organised in each shipping unit, in 9(2)(f)
management situated?
the head office or as a separate export control department should depend on the
icial
size and the structure of the undertaking.
Jour
nal
How do export/transfer control staff interact with other Export/transfer control staff should be protected as much as possible from conflicts 9(2)(f)
of
functions inside the undertaking?
of interest. They should be empowered to stop a transaction.
the
European
How is the relationship between the export/transfer Export control staff should be allowed to report directly to the senior executive if 9(2)(f)
control staff and the senior executive organised, for they require authority to stop a transaction.
example, the possibility of information exchange?
Union
Please indicate the other responsibilities of the senior The senior executive should be part of the top management. His/her position should 9(2)(c) and (f)
executive who has been appointed personally responsible not present a conflict of interest (e.g.: he/she should not also be head of sales …)
for transfers and exports
3. Internal
audits
(a) Random inspection How
frequently
are
random
inspections
carried
out? The
ICP
and
the
daily
operating
procedures
should
be
subject
to
(unexpected)
9(2)(f)
random checks.
(b) internal audits How
frequent
are
internal
audits? Ideally,
once
a
year
and,
at
least,
every
3
years. 9(2)(f)
L
What percentage of exports/transfers is subject to checks? Depending on the number of exports/transfers, at least 1 % and an expected
11/67
maximum of 20 %. The ratio can vary each time an audit is undertaken.

L 11/68
Core areas Key
questions Best
practice
recommendations
Relevant certification
criterion
Who carries out these checks? Possible
answers
should
be
one
of
the
following:
— someone senior in the chain of responsibility for export/transfer controls,
EN
— the quality manager,

— the finance manager or accountant,
— anyone else of a middle management or higher position who is one step or
more away from the day to day work of the export/transfer team.
What questions do these audits cover? Audits
should
provide
answers
to
the
following
questions:
Off
— Are the export limitations put in place abided by?
icial
Jour
— Are procedures in place and updated to ensure that all export and transfer
regulations are complied with?
nal
of
— Is regular awareness training undertaken?
the
European
— Are records readily available?
— Are the records comprehensive?
Union
— Do the records cover all the relevant aspects of import, export and transfer, and
products remaining within the Member State?
— Is information available on the life of relevant products from source to
destination?
(c) planning, effectiveness and How do you ensure you audit a representative range of At least one shipment per customer or destination should be audited or at least one 9(2)(f)
follow-up of the audits
shipments?
shipment for each project.
Does the undertaking establish a programme of internal A programme of internal audit should be established ensuring that a representative
audit?
range of shipments are to be audited.
Is the non-compliance disclosed by internal audits The undertaking should clearly record any suspected occurrence of non-compliance
15.1.2011
systematically corrected? Is a trail of such actions kept? identified by the internal audit, the measures recommended to correct such an
occurrence and an assessment of the effectiveness of those corrective measures
on compliance.

15.1.2011 Off
Core areas Key
questions Best
practice
recommendations
Relevant certification
criterion
4. General
awareness-raising
4.1. Operating and organisational How are the undertaking’s internal processes designed to Operating and organisational procedures should be set down in writing and provide 9(2)(f)
procedures
raise general awareness and minimise risks related to instructions and guidelines on the following:
EN
export/transfer controls?

— the overall export/transfer process from reception of an order, assessment of
applicability of export/transfer regulations, compliance with relevant export/
transfer regulations and shipment or transmission (a final compliance check
must be carried out before shipment or transmission),
— the monitoring of compliance with the terms and conditions of the licence,
— the interaction with external parties, and in certain cases, with other interested
departments within the undertaking, such as the legal and sales department,
icial
Jour
— the coordination of all employees involved in or somehow concerned by export/
nal
transfer controls (e.g.: sales staff should be instructed to inform export/transfer
control staff of any doubts, and should be informed that the processing of an
of
order can only take place once it has been cleared by the export/transfer control
the
staff),
European
— the coordination and possible exchange of information with the competent
authorities (e.g.: possible reporting of suspect transaction orders, possible
Union
existence of a voluntary disclosure policy …).
4.1.1. Operating and organisational
procedures: pre-licensing
phase (1 )
(a) Embargoes How
does
the
undertaking
take
into
account
embargoes? In
cases
where
a
shipment
is
planned
to
be
sent
to
an
embargoed
destination,
rules 9(2)(f)
should be in place to verify the relevant embargo regulations. Such verification
should at least encompass:
— the supply bans enacted by the embargo regulation,
— the classification of products to be shipped against the embargo’s list of
products,
L
— the additional licensing requirements for certain services, such as technical
11/69
assistance.

L 11/70
Core areas Key
questions Best
practice
recommendations
Relevant certification
criterion
(b) Sanctions lists How
does
the
undertaking
take
into
account
sanctions
The names and identities of the legal and natural persons to be supplied should be 9(2)(f)
lists?
checked against the relevant sanctions lists.
EN
When searching for an identity on the sanctions list, Procedural instructions should have been set down in writing which detail how

what level (or percentage) of certainty that a match has likely matches and ‘hits’ are to be addressed (for example, when a match has been
been found is required to consider it a match (‘hit’)? found, it must be reported to the competent authority).
What procedures are followed when a match for a
name has been found?
(c) Control of listed products Questions on internal processes ensuring that a listed
9(2)(f)
(products subject to
product is not exported or transferred without a license:
licensing because of their
Off
inclusion in an export/
transfer control list)
icial
(1) Is there an electronic data processing system in place The classification of products should be recorded in an electronic data processing
to record the classification of products received or system (only if in existence already). Changes in the control lists should be
Jour
manufactured by the undertaking?
immediately reported in the system.
nal
of
(2) How are all products subject to licensing The export/transfer control staff should be responsible for recording and classifying
the
requirements classified and recorded, and who is products, if necessary, in consultation with technical experts.
European
responsible for this? What processes are in place to
ensure that the classification of products is kept up to
date, and how is it documented?
Union
(3) How is the end-use by and the reliability of the The export/transfer control staff should be responsible for verifying the reliability of
recipient assessed?
the recipients, with special attention given to the end-use and risk of diversion.
If export/transfer control staff are informed that the recipient has breached export/
transfer control regulations, they should inform the competent authority. A verifi
cation of the recipient’s good faith is especially important in cases where the
customer is new or where the customer’s identity is unclear or when there are
doubts about the declared end-use (e.g.: order in unusual quantities, special and
unusual transit routes requested by the recipient …).
(d) Intangible
transfer
of How does the undertaking ensure compliance with The undertaking should have issued clear and written instructions in relation to ITT 9(2)(f)
technology
intangible transfer of technology (ITT) requirements over e-mail, fax, intranet or Internet.
(e.g., e-mail and access to the intranet from abroad)?
15.1.2011
The provision or transfer of technology should not occur until, an assessment has
been made of its licensability, and if licensable, a licence is in place to permit the
transfer.

15.1.2011 Off
Core areas Key
questions Best
practice
recommendations
Relevant certification
criterion
(e) Technical assistance How
does
the
undertaking
ensure
compliance
with
A compliance procedure regarding technical assistance should be in place:
9(2)(f)
technical assistance requirements?
— for foreign visitors/employees,
EN

— for employees (e.g. technicians) abroad,
— for conferences, seminars with foreign participants or when organised abroad.
4.1.2. Operating and organisational How does the undertaking ensure that it makes full and The undertaking should be equipped to fully comply with the licence application 9(2)(f)
procedures: licensing phase
complete licence applications?
process and procedures in force in the Member State where it is established.
4.1.3. Operating and organisational What internal procedures ensure compliance with the A final verification of the export/transfer control requirements should take place 9(2)(f)
procedures: post licensing phase conditions of the license?
before final shipment to ensure that the terms and conditions of the licence have
icial
been complied with.
Jour
4.2. Awareness
raising
and
training What information is available to all employees concerned All should have access to the above-mentioned organisational and operating 9(2)(f)
nal
of export control staff
by export/transfer controls and to export control/transfer procedures relating to export/transfer controls.
of
staff?
the
Those operating and organisational procedures should be recorded and updated in
European
compliance manuals available to export/transfer control staff.
The operating and organisational procedures should include a clear description of
Union
the export/transfer compliance process, from the reception of an order, the verifi
cation of compliance with relevant export/transfer regulations to the final shipment
or transmission.
How often is the export control staff’s knowledge This should occur when changes are made to national and Union export control
updated?
legislation and procedures but at a minimum at least once every year. In addition to
annual general training updates, it is recommended that commentaries on export/
transfer control legislation as well professional journals and magazines, where they
exist should also be made available.
How is the export/transfer control staff’s knowledge Training through various tools including:
updated?
— external seminars,
— subscription to information sessions offered by competent authorities,
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11/71
— training events, external or online.

L 11/72
Core areas Key
questions Best
practice
recommendations
Relevant certification
criterion
5. Physical
and
technical
security Is
your
company
security
accredited
by
an
appropriate
Each national Ministry of Defence or similar organisation is likely to require some 9(2)(f)
Government body? Please give details.
measure of security where the undertaking is working on their behalf. The mere fact
that the undertaking is security accredited in some way may be enough.
EN
If there is no such official security accreditation, which The premises should be entirely enclosed by fencing. The entrance should be 9(2)(f)

security measures are in place to secure export/transfer secured and controlled. The premises should be under constant surveillance, even
records and procedures?
during non-working hours. There could be a separate entrance for deliveries and
collections, away from the main production area.
What are the security measures regarding software and The system should be password protected and secured by a firewall. The 9(2)(f)
technology?
undertaking’s network is secured against unauthorised access.
There should be a control on electronic devices (laptops, personal digital assistants,
Off
etc.) being taken offsite or overseas and over e-mails sent as part of a project and in
other circumstances.
icial
Jour
6. Record-keeping
and
traceability
How do you maintain records of the exportation Undertakings should include one or more of the following:
9(2)(f)
nal
of exports and transfers
limitations passed to you from the supplier of the
products?
of
— electronic file or e-mail folder,
the
European
— folders based on projects,
— folders based on suppliers,
Union
— in separate folders for limitations,
— on an order system.
How do you relate export limitations to subsequent Possible answers should include one or more of the following:
9(2)(f)
transfers or exports?
— electronic file or email folder containing import and subsequent movement
information,
— as part of a business management system,
— folders based on projects or suppliers where all information is kept together,
15.1.2011
— a filing system similar to the folder system.

15.1.2011 Off
Core areas Key
questions Best
practice
recommendations
Relevant certification
criterion
How are these records made available to the competent — It should be possible to make records available electronically — some may 9(2)(f)
authorities?
require a visit to the sites if access to secure intranets is necessary but some
may be able to be transferred for remote checks.
EN
— Records can also be available in hard copy and some of these could be scanned,

for example for remote checks.
(1 ) The purpose of the pre-licensing phase is to determine whether the undertaking is impacted by export/transfer controls, that is, whether export/transfer control regulations are relevant in respect to the activities and transactions of the
undertaking and accordingly whether there is a licensing requirement for those transactions. The goal is to identify and analyse as early as possible any export/transfer control risks, and to implement any necessary relevant measure, for
example, to apply for a license or to appropriately use a general licence.
icial
Jour
nal
of
the
European
Union
L
11/73

L 11/74
EN
Official Journal of the European Union
15.1.2011
ANNEX II
STANDARD CERTIFICATE TEMPLATE

附件:

P020171219118223855040.pdf

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