On 15 July, the Flemish Parliament adopted a new decree to replace the former Arms Trade Decree (Wapenhandeldecreet), in force since 2012 and last revised in 2017.
Why now?
The reform was already announced in the Flemish Coalition Agreement 2024-2029, which explicitly called for an update of the arms trade framework. The former 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 considered that a more streamlined and effective export control regime was needed.
What does the decree cover?
The new decree regulates the control of trade, transfer, import, export and transit of military goods, civilian firearms, essential components and ammunition. More specifically, the addresses:
- The licensing regime, including the introduction of general licences aimed at reducing individual controls and administrative burdens;
- 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 decree 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 decree 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.
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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.