The Flemish Government is working on a complete replacement of the current Arms Trade Decree (Wapenhandeldecreet), in force since 2012 and last revised in 2017. The draft was approved in second reading earlier this year and is now pending before the Council of State for its advisory opinion.
Why now?
The reform was announced in the Flemish Coalition Agreement 2024-2029, which explicitly called for an update of the arms trade framework. The current decree has long been criticised by the defence industry as gold plating: overly complex, rigid in its procedures, and in some respects going beyond what is required under the applicable European rules. Considering the quickly evolving geopolitical landscape, the Flemish Government considers that a more streamlined and effective export control regime is needed.
What does the draft decree cover?
The new text regulates the control of trade, transfer, import, export and transit of military goods, civilian firearms, essential components and ammunition. More specifically, the draft addresses:
- The licensing regime, including the introduction of general licences aimed at reducing individual controls and administrative burden;
- The criteria against which licence applications are assessed;
- End-use monitoring, with a view to more efficient and targeted controls focusing on real threats;
- Enforcement and supervision of compliance.
The draft was developed in consultation with industry stakeholders, civil society and relevant government bodies. Defence-related companies were also directly consulted through a regulatory burden assessment (regeldruktoets), carried out as part of the broader Flemish Government initiative “Regelrecht” in cooperation with the Interuniversity Centre for Legislation.
What’s the goal?
It is twofold: facilitate legitimate defence trade and enable Flemish companies and research institutions to participate fully in European and international defence projects, while preserving robust safeguards against unwanted proliferation and misuse. The European framework is explicitly positioned as the guiding benchmark.
The text has not gone unnoticed. The Flemish Peace Institute (Vlaams Vredesinstituut) has already voiced concerns that the shift towards general licences and fewer individual controls could weaken oversight – particularly in sensitive contexts such as the existing Flemish embargo on military exports to Israel.
Whatever one’s view on the policy choices involved, it seems that the new decree will significantly reshape the regulatory environment for defence companies and strategic goods traders operating out of Flanders. Worth keeping on the radar.
Any questions? Our Defence, Security and Space team is here to assist. Feel free to reach out to the author of this article: Laura Grauer.Â
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This newsletter does not constitute legal advice or a legal opinion. Please consult with a legal counsel of your choice before taking any action based on the information provided.