Legislative Observatory
European Parliament
Please fill in this field to find a procedure

Arms export: implementation of Common Position 2008/944/CFSP

2015/2114(INI)

The Committee on Foreign Affairs adopted the own-initiative report by Bodil VALERO (Greens/EFA, SE) on arms export: implementation of Common Position 2008/944/CFSP.

To recall, the Common Position 2008/944/CFSP is a legally binding framework laying down eight criteria for the export of conventional arms to be applied by EU Member States to their licensing decisions.

Global security environment and arms exports: deeply concerned at the spread of armed conflicts, notably those in Ukraine, Syria, Iraq, Libya and Yemen, Members found it regrettable that developments in the last two years have shown that weapons sometimes end up in the hands of terrorists or repressive regimes or of countries where children might be recruited or used in hostilities. They deplored the fact that around half a million people die every year as a result of armed violence and believed it is necessary to adopt effective arms export control regimes.

EU Member States are major global arms exporters, accounting in 2013 for EUR 36 711 billion in exports worldwide, of which EUR 10 735 takes place between Member States and EUR 25 976 billion to third countries. Members noted that Article 10 of the Common Position states that considerations of economic, commercial and industrial interests by Member States shall not affect the application of the eight criteria regulating arms exports. They regretted, however, that Article 10 is often overlooked, especially since European defence companies are increasingly compensating for their reduced turnover in Europe through extra-EU exports.

The committee recalled that the defence industry should serve as an instrument for implementing the defence and security of the Member States ensuring a security of supply regime in the EU, while also contributing towards the implementation of a strengthened Common Foreign and Security Policy and Common Security and Defence Policy, given that this is important in helping ensure global stability and security. It acknowledged the legitimacy of exports that are carried out in response to a request made to the EU in accordance with the right to self-defence.

The Arms Trade Treaty (ATT): the report welcomed the entry into force of the ATT which, while representing a positive achievement, still has limitations and ambiguities (unclear concepts, exception to reporting obligations, lack of sanctioning regime). It urged those Member States that have not yet ratified the ATT to do so at the earliest opportunity.

The Common Position: Members recalled that the Common Position should lead to a coordinated approach to the arms trade that does not affect the right of Member States to operate more restrictive national policies. They pointed out that harmonisation at European level should not be used as a pretext for watering down stricter national rules. Members took the view that the real problem is that the Common Position is being applied loosely and interpreted inconsistently by the Member States, and therefore they considered it crucial that a consistent and ambitious application of the eight criteria be pursued. Members also:

  • considered it advisable to make arrangements for conducting independent checks and for penalties in case of infringement of the Common Position;
  • encouraged a stricter application of national criteria by broadening assessments to include a focus on the situation in the country of destination as well as on the specific military technology in question;
  • called for clarification of Criterion Two which requires Member States to deny an export licence only if there is a ‘clear risk’ that the military technology or equipment to be exported might be used for internal repression.

Members States were asked to:

  • treat the concept of risk in arms transfer licensing processes on a precautionary basis, as is standard when addressing other areas such as terrorism, money laundering and environmental concerns;
  • support the creation of an independent European Arms Control Authority (EACA) under the auspices of the High Representative of the European Union for Foreign Affairs and Security Policy;
  • include a mechanism in the Common Position that would automatically freeze existing export licences for arms to countries against which a European weapons embargo has been established after the export control license was granted;
  • include arms transporting and arms financing services into their arms brokering legislation;
  • establish an effective control system regarding possible diversions of exports.

Members called for increased coordination at working level within the Council and the EEAS in order to ensure that aspects related to conflict prevention, development and human rights are duly taken into account.

Transparency: the committee was of the opinion that the annual reports on arms exports are significant tools in advancing the transparency of arms trade. They found it regrettable, however, that only 21 Member States made full submissions for the 16th Annual Report. They asked for:

  • the introduction of a standardised reporting and submission procedure, including a deadline, for information on actual exports and licence data, to be applied and complied with uniformly in all Member States;
  • enhanced consultations between Member States with regard to transfers to fragile and unstable regions or countries, in particular those that are acting aggressively in their neighbourhood;
  • parliamentary oversight to be strengthened at both national and European level by means of annual reports to parliaments;.

New technologies and the issue of dual-use goods: given that technological developments make it increasingly difficult to distinguish between pure military and pure civilian use, Members called for special attention to be paid to the Dual Use List in the light of the Wassenaar Arrangement. Particular attention should be given to new technologies of strategic importance, such as Remotely Piloted Aircraft Systems, applied robotics and surveillance technology.

Member States were asked to make sufficient resources available to effectively implement and enforce dual-use export, brokering and transit controls.