10.6.2009 Official Journal of the European Union L 146/1 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) DIRECTIVES DIRECTIVE 2009/43/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- PEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Article 95 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), Acting in accordance with the procedure laid down in Article 251 of the Treaty (%), Whereas: (1) The Treaty provides for the establishment of an internal market, including the abolition between Member States of obstacles to the free movement of goods and services, and for the institution of a system ensuring that competition in the internal market is not distorted. (2)  The Treaty provisions establishing the internal market apply to all goods and services provided in return for remuneration, including defence-related products, but do not preclude Member States under certain conditions from taking other measures in individual cases where they con- sider it necessary for the protection of their essential secu- rity interests. (1) Opinion delivered on 23 October 2008 (not yet published in the Offi- cial Journal). (%) Opinion of the European Parliament of 16 December 2008 (not yet published in the Official Journal) and Council Decision of 23 April 2009. 6) The laws, regulations and administrative provisions in Member States concerning the transfer of defence-related products within the Community contain disparities which may impede the movement of such products and which may distort competition within the internal market, thereby hampering innovation, industrial cooperation and the competitiveness of the defence industry in the Euro- pean Union. The objectives pursued generally by the laws and regula- tions of Member States include the preservation of human rights, peace, security and stability through systems of strict control and restriction of the exportation and prolif- eration of defence-related products to third countries as well as to other Member States. Such restrictions on the movement of defence-related products within the Community cannot be abolished gen- erally through direct application of the principles of the free movement of goods and services provided for by the Treaty, as those restrictions may be justified on a case-by- case basis in accordance with Articles 30 or 296 of the Treaty, which continue to be applicable by Member States, provided that their conditions are met. The relevant laws and regulations of Member States there- fore need to be harmonised in such a way as to simplify the intra-Community transfer of defence-related products in order to ensure the proper functioning of the internal mar- ket. This Directive only deals with rules and procedures as far as defence-related products are concerned, and, conse- quently, does not affect the policies of the Member States regarding the transfer of defence-related products.