Brussels, 05/07/2005 (Agence Europe) - On Thursday 30 June, the EU Committee of Permanent Representatives (Coreper) noted an agreement on the new rules for controlling arms exports. Member States are not, however, fully in agreement on the document that provides for rules for lifting the embargo. The two texts should be adopted by the Council of Ministers of EU Member States, depending on the way Council discussions evolve on lifting the European embargo on arms sales to China.
The former EU code of conduct on arms exports which dates back to June 1989 is transformed into a “Council common position defining common rules governing the control of exports of military technology and equipment”. This allows the new text to be legally binding and directly applicable by all EU Member States.
As far as substance is concerned, the scope of the former code of conduct has been extended. The draft common position on arms exports control applies to: - export licenses, including the production of military equipment in third countries; - brokering licences; - applications for “transit” or “transhipment” licences; - and applications for licences for any intangible transfers of software and technology by means such as electronic media, fax or telephone.
The eight criteria that determine the authorisation of arms exports stay the same, although there have been additions and specifications:
respect of international obligations (new compared to the 1998 code of conduct) and commitments of EU Member States, in particular the sanctions adopted by the UN Security Council or the European Union, agreements on non-proliferation and other subjects, as well as other international obligations;
respect for human rights in the country of final destination;
internal situation in the country of final destination, as a function of the existence of tensions or armed conflicts;
preservation of regional peace, security and stability;
national security of the Member States and of territories whose external relations are the responsibility of a Member State as well as that of friendly and allied countries;
behaviour of a buyer country with regard to the international community, as regards in particular its attitude to terrorism, the nature of its alliances and respect for international law (it is specified that the Member States will take account of the antecedents of the buyer country in areas such as respect of international commitments and international humanitarian law);
existence of a risk that the military technology or equipment will be diverted within the buyer country or re-exported under undesirable conditions (details are given to prevent arms being diverted towards terrorists and an addition concerns the risk of abusive use - changing the destination of equipment or technology);
compatibility of the exports of military technology or equipment with the technical and economic capacity of the recipient country, taking into account the desirability that states should meet their legitimate security and defence needs with the least diversion of human and economic resources for armaments.
The draft common position makes the annual publication of information on exports of technology and military equipment automatic. The EU's annual report (drafted according to Member State contributions) will be submitted to the approval of the Council and automatically published in the EU's official journal. Furthermore, each Member State should publish an annual report on its technology and military equipment exports.
Member States continue their discussions on the subject of the “toolbox” describing the procedures to be followed for lifting embargoes. The text should complete the Council's common position on arms exports and be applied to China for the first time.