Security-related export controls II - Military equipment
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II. MILITARY EQUIPMENT
(a) COUNCIL COMMON POSITION 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment
Background and Summary
The EU has for many years played a leading role in arms export control, both regionally and internationally. In 1998 the Council adopted the European Union Code of Conduct on Arms Exports which set up eight criteria for the export of conventional arms, established a notification and consultation mechanism for denials and included a transparency procedure through the publication of the EU annual reports on arms exports. The Code contributed significantly to the harmonisation of national arms export control policies and its principles and criteria have been officially subscribed to by various third countries.
The Council assessed implementation of the Code on an annual basis (see First, Second, Third, Fourth,Fifth, Sixth, Seventh, Eighth, Ninth and Tenth Annual Reports).
(For subsequent reports, see below)
Common Position 2008/944/CFSP, adopted on 8 December 2008, marked the formal successful conclusion of a review of the Code and set another milestone in improving the EU's export control standards. The Common Position constitutes a significantly updated and upgraded instrument which replaces the Code of Conduct. It includes several new elements, which deepen and widen the scope of application. These elements include the extension of controls to brokering, transit transactions and intangible transfers of technology, as well as the implementation of strengthened procedures in order to harmonise Member States' export policies. Recognizing the special responsibility of military technology and equipment exporting states, Member States have once again shown their determination to prevent the export of military technology and equipment which might be used for undesirable purposes such as internal repression or international aggression or contribute to regional instability.
Article 8(2) of the EU Common Position provides for the publication of an EU Annual Report (see Eleventh Annual report)
In accordance with Operative Provision 5 of the 1998 EU Code of Conduct on arms exports, on 13 June 2000 the Council adopted the Common list of equipment covered by the Code of Conduct together with Declaration 2000/C/191/01. The most recent version of the Common Military List of the European Union which updates previous versions, was adopted by the Council on 23 February 2009. Article 12 of Common Position 2008/944/CFSP stipulates that the EU Common Military List shall act as a reference point for Member States' national military technology and equipment lists, but shall not directly replace them.
The User's Guide , drawn up and regularly updated by the Working Party on Conventional Arms Exports, serves as guidance to assist Member States in implementing the Common Position (cf. Article 13 of the Common Position). It is intended for use primarily by export licensing officials.
Paragraph 4.1.2 of the User's Guide requires Member States which export equipment on the EU Common Military List to publish a national report on its defence exports. Most Member States publish their national reports on the internet, as follows:
(b) EU outreach activities to promote the control of arms exports and the principles and criteria of the EU Code of Conduct on Arms Exports among third countries
(i) Council Joint Action 2008/230/CFSPof 17 March 2008 on support for EU activities in order to promote the control of arms exports and the principles and criteria of the EU Code of Conduct on Arms Exports among third countries.
The Joint Action allotted EUR 500.500 from the EU budget to fund seminars, to be organised by the Presidency (with the assistance of the Council Secretariat), bringing together experts in the control of arms exports from EU Member States and interested third parties, especially near neighbours. Beneficiaries include the countries of South Eastern Europe, North African and Mediterranean partners and Eastern European Caucasian partners of the European Neighbourhood Policy, as well as Turkey and Ukraine. The objectives of the seminars included promotion of the criteria and principles of the EU Code of Conduct on Arms Exports, and assistance in drafting and implementing legislation to ensure effective control of arms exports.
The final report on Council Joint Action 2008/230/CFSP, to which is annexed reports on each of the events held in accordance with the Joint Action, is set out in doc. 17645/09.
(ii) COUNCIL DECISION 2009/1012/CFSP of 22 December 2009 on support for EU activities in order to promote the control of arms exports and the principles and criteria of Council Common Position 2008/944/CFSP among third countries
In view of the successful implementation of Joint Action 2008/230/CFSP, which Council considered had contributed to laying the groundwork for the establishment of increasingly responsible and effective export control legislation and practices in the countries concerned, on 22 December 2009 the Council adopted the above follow up decision, providing for additional, more advanced seminars with the same beneficiaries (except Turkey) as those identified in the Joint Action.
(c) EU support for a legally binding international Arms Trade Treaty
Since the launch of the UK-led initiative to promote the adoption of an Arms Trade Treaty (ATT) in 2005, the EU has been fully commitment to this project.
Within the UN framework, the EU has fully supported the process leading towards an ATT.
On 19 January 2009 the European Union took further concrete steps to promote the ATT by the adoption of Council Decision 2009/42/CFSP promoting the process leading towards an Arms Trade Treaty. The objective of the Decision is to increase awareness of national and regional actors, United Nations Member States, civil society and industry, of the current international discussions around an ATT, and to foster debate among United Nations Member States, particularly among those who were not part of the GGE. Such objectives will be pursued by organising six regional seminars, a side event on the occasion of the 64th session of the UNGA First Committee and a launch and wrap up seminars.
(d) Control of arms brokering
On 23 June 2003 the Council adoptedCommon Position 2003/468/CFSP on the Control of arms brokering aimed at regulating arms brokering in order to avoid the circumvention of United Nations, EU or OSCE embargoes on arms exports.
The Common Position establishes a set of provisions to be implemented through national legislation, requiring the Member States to take all the necessary measures to control brokering activities on their territory or carried out by brokers of their nationality.
In particular, it requires the Member States to assess licence applications for specific brokering transactions against the provisions of the European Union code of conduct on arms exports, to establish a system for the exchange of information on brokering activities, and to establish adequate sanctions to ensure that controls are effectively enforced.
Last update: 14/01/2010
Security-related export controls I - Dual use items and technology