Flanders adopts a new decree regulating the arms trade

The Flemish Parliament adopted a decree on July 17, 2026, regulating the import, export, transit, and transfer of military equipment, civilian firearms, essential parts, and ammunition. The text, published in the Belgian Official Gazette on October 9, 2026, under reference C − 2026/007119 (p. 53668), is cited as the Arms Trade Decree of July 17, 2026. It repeals the Arms Trade Decree of June 15, 2012, and enters into force on December 31, 2027, although the Flemish Government may determine an earlier date.

A transposed and executed European framework

The decree ensures the partial transposition of four directives: Directive 2009/43/EC of May 6, 2009, on the transfer of defense-related products, Directive 2014/28/EU of February 26, 2014, on explosives for civil uses, Directive (EU) 2021/555 of March 24, 2021, on the control of the acquisition and possession of weapons, and Directive (EU) 2024/1226 of April 24, 2024, on sanctions for the violation of Union restrictive measures.

Furthermore, it partially executes Regulation (EU) No 258/2012 of March 14, 2012, and Regulation (EU) 2025/41 of December 19, 2024, both related to the United Nations Firearms Protocol. Applications are evaluated based on the criteria of the Council’s Common Position 2008/944/CFSP of December 8, 2008, and the EU Common Military List adopted on February 24, 2025.

Three types of licenses and a prior authorization

The decree distinguishes between three types of authorization:

• the general license, published on the Flemish Authority website and usable after registration;
• the global license, for indeterminate quantities of products to determined recipients;
• the individual license, for a specific operation.

Global and individual licenses are valid for three years, with a possible extension of the same duration. Export or definitive transfer under a general or global license requires a prior authorization valid for three years, subject to an examination of morality and reliability. The certificate provided for by Directive 2009/43/EC is also valid for three years, and the list of its holders is published.

Who must apply and who is responsible

Applicants must have their domicile or registered office in the Flemish Region; otherwise, they must designate a representative established in Flanders. Joint and several liability for the license application and notifications rests with:

• the importer and the carrier, for imports and transfers to Flanders;
• the exporter, the carrier, and the holder of the goods, for exports and transfers from Flanders;
• the exporter, the carrier, and the forwarding agent, in the case of transit.

The morality check may be subject to the opinion of the King’s Prosecutor, State Security, the Customs and Excise Administration of the FPS Finance, the FPS Economy, the Ministry of Defense, and the police. An internal compliance program is required.

Law enforcement equipment, civilian weapons, and sanctions

The Flemish Government establishes a list of law enforcement equipment subject to authorization, taking particular account of the risk of internal repression, as well as a list of sensitive goods included in the United Nations Register of Conventional Arms. Hunters holding a European firearms pass may transfer up to 800 cartridges without authorization, and sport shooters up to 1,200 cartridges.

The most serious offenses are punished with a level 4 penalty, with a fine of 6,000 to 6,000,000 euros, or double the value of the goods; level 3 offenses are punishable by 2,000 to 2,000,000 euros. For legal entities, the fine can reach 40,000,000 euros or 5% of global turnover. Administrative fines range from 200 to 1,200,000 euros. The proceeds fund the Arms Trafficking Fines Fund.

Transparency and control

The Flemish Government presents an annual report to the Flemish Parliament on imports, exports, transfers, and transits, and publishes a monthly overview of authorizations and extensions granted and refused. It may suspend, withdraw, or restrict authorizations, and refuse any transaction with a given country for six months.

For exporters, brokers, and carriers established in Flanders, the decree imposes a single framework covering the entire chain, from the license to the end-user declaration, with record-keeping for ten years. Operators have until December 31, 2027, to comply, with authorizations issued under the 2012 regime remaining valid until their expiration.

Source: Belgian Official Gazette of October 9, 2026, 1st edition, reference C − 2026/007119, p. 53668.