EU updates arms export controls, calls for greater oversight
The European Union has adopted revised rules governing arms exports, with the aim of drawing up a framework that promotes greater convergence among its 27 member states and helps crack down on diversion.
The 14 April decision by the Council of the EU amends ‘the Council’s Common Position defining common rules governing the control of exports of military technology and equipment, and approving conclusions on the matter.’
The updated framework specifically tasks the Working Party on Conventional Arms Exports (‘COARM’), through which EU member states communicate and share information on their arms export policies and practices, with developing mechanisms to ‘continue exploring ways to support the tracing of military technology and equipment for prevention and prosecution of diversion,’ including through innovative technical solutions and supporting the global iTrace reporting mechanism.
The Council said it also ‘renews its commitment to promote cooperation and convergence in Member States’ policies to prevent any export of military technology and equipment where the criteria of Common Position 2008/944/CFSP are met for denial of such an export.’
In its conclusions on arms export control the Council also reaffirmed its commitment to preventing and countering diversion of military technology and equipment, especially small arms and light weapons, while also emphasising the need to prevent circumvention of UN arms embargoes and EU restrictive measures.
The Council outlined a comprehensive work agenda for COARM, tasking it with improving arms tracing mechanisms, developing end-user verification standards, creating methods to facilitate exports of jointly developed military equipment and addressing human rights risks in arms transfers.
The framework introduces enhanced transparency measures, with Member States committing ‘to report on the value of actual exports, where available, and explore ways of making such information available, where relevant.’
In a significant development for the European defence industry, the Council recognised ‘that measures to facilitate exports of military technology and equipment jointly developed by Member States can stimulate cooperation within the Union’ and tasked COARM with agreeing on means to facilitate such exports.
The review process was partially driven by the EU’s arms deliveries to Ukraine, with the Council noting that ‘military support is provided in full respect of the security and defence policy of certain Member States and taking into account the security and defence interests of all Member States.’
The framework also addresses transparency concerns, with Member States committing ‘to report on the value of actual exports, where available’ and establishing a database for licensing officers that was launched in May 2022.
The Council has scheduled the next comprehensive review of the Common Position for 2030, with COARM directed to reassess implementation in five years’ time.
