Pending the prohibition or authorisation decision referred to in Article 6 of Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items, customs officers shall immobilise, under conditions laid down by decree in the Council of State, non-Community civilian and military dual-use items bound for a country that is not a member of the European Union, as well as their means of transport, at the expense of the owner, consignee, exporter or, failing this, any person involved in the transit operation.