Introductory text

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 28(1) and 31(1) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

The European Security Strategy adopted by the European Council on 12 December 2003 outlines five key challenges to be addressed by the Union: terrorism, the proliferation of weapons of mass destruction, regional conflicts, state failure and organised crime. The consequences of the uncontrolled circulation of conventional weapons are central to four of those five challenges. That Strategy underlines the importance of export controls to contain weapons proliferation. The Global Strategy for the Union’s foreign and security policy, titled ‘Shared Vision, Common Action: A Stronger Europe’, which was presented by the High Representative on 28 June 2016, confirms the Union’s support for the universalisation, full implementation and enforcement of multilateral disarmament, non-proliferation and arms control treaties and regimes.

On 5 June 1998 the Union adopted a politically binding Code of Conduct on arms exports, setting common criteria to regulate the legal trade in conventional weapons.

On 19 November 2018 the Council adopted the EU Strategy against illicit firearms, small arms and light weapons and their ammunition (‘Securing arms, protecting citizens’). The full and effective implementation of the 2001 United Nations (UN) Programme of Action to prevent, combat and eradicate the illicit trade in small arms and light weapons in all its aspects is the main objective of that Strategy. The Strategy states that the Union will continue to promote responsible and effective arms export control and to support the universalisation and implementation of the Arms Trade Treaty. The Strategy also states that the Union will continue to support the African Union and relevant regional economic communities in their efforts against the illicit trade in small arms and light weapons and their ammunition.

The Code of Conduct on arms exports was replaced on 8 December 2008 by Council Common Position 2008/944/CFSP^f1, which establishes eight criteria against which applications for the export of conventional arms are to be assessed. It also includes a notification and consultation mechanism for arms exports denials, and transparency measures such as the publication of an EU annual report on arms exports. A number of third countries have aligned themselves with Common Position 2008/944/CFSP. A 2019 review of that Common Position resulted in the adoption of Council Decision (CFSP) 2019/1560^f2.

Article 11 of Common Position 2008/944/CFSP states that Member States are to use their best endeavours to encourage other States which export military technology or equipment to apply the criteria set out in that Common Position.

The Arms Trade Treaty (ATT) was adopted by the UN General Assembly in April 2013 and entered into force on 24 December 2014. The ATT aims to strengthen transparency and responsibility in the arms trade. As with Common Position 2008/944/CFSP, the ATT lays down a number of risk-assessment criteria against which arms exports have to be assessed. The Union supports the effective implementation and universalisation of the ATT through its dedicated programmes adopted under Council Decisions 2013/768/CFSP^f3 and (CFSP) 2017/915^f4. Those programmes assist a number of third countries, upon their request, in strengthening their arms transfer control systems in line with the requirements of the ATT.

It is therefore important to ensure complementarity between the outreach and assistance activities provided for in this Decision and those provided for in Decision (CFSP) 2017/915. To that end, regular exchanges of information should take place between the implementing agencies of the Union outreach activities in the field of arms export control, as well as with the European External Action Service. This coordination mechanism will encourage the participation of experts from other Member States whenever relevant.

Union activities to promote effective and transparent arms export controls have developed since 2008 under Council Joint Action 2008/230/CFSP^f5 and Council Decisions 2009/1012/CFSP^f6, 2012/711/CFSP^f7, (CFSP) 2015/2309^f8 and (CFSP) 2018/101^f9. The activities carried out have notably supported further regional cooperation and enhanced transparency and greater responsibility, in line with the principles of Common Position 2008/944/CFSP and the risk-assessment criteria set out therein. The activities in question have traditionally addressed third countries of the eastern and southern neighbourhoods of the Union.

In recent years, the Union has also provided assistance to improve export controls on dual-use goods in third countries. Effective coordination with those activities relevant to dual-use export controls should be ensured.

The German Federal Office for Economic Affairs and Export Control (Bundesamt für Wirtschaft und Ausfuhrkontrolle — BAFA) has been entrusted by the Council with the technical implementation of Decisions 2009/1012/CFSP, 2012/711/CFSP, (CFSP) 2015/2309 and (CFSP) 2018/101. BAFA is also an implementing agency for projects supporting the effective implementation of the ATT under Decision 2013/768/CFSP and Decision (CFSP) 2017/915. Since 2005, BAFA has been engaged in the implementation of a number of Union cooperation projects in the area of dual-use export controls. BAFA is the competent export control authority of Germany, and has developed a large body of knowledge and expertise on outreach activities, in addition to sharing its core competencies with other States.

On 28 May 2018 the UN Secretary-General presented his agenda on disarmament, entitled ‘Securing Our Common Future’. Transparency in military activities, such as reporting on arms imports and exports, promotes democratic accountability and responsible governance. The activities supported through this Decision contribute to the objectives of that agenda, as well as to Sustainable Development Goal 16 of the UN 2030 Agenda for Sustainable Development,

HAS ADOPTED THIS DECISION: