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Review of dual-use export controls

26-11-2019

Certain goods and technologies have legitimate civilian applications but can also be used for military purposes; so-called 'dual-use' goods are subject to the European Union's export control regime. The regime is now being revised, mainly to take account of significant technological developments and to create a more level playing field among EU Member States. The proposed regulation would recast the regulation in force since 2009. Among other elements, the proposal seeks to introduce an 'autonomous ...

Certain goods and technologies have legitimate civilian applications but can also be used for military purposes; so-called 'dual-use' goods are subject to the European Union's export control regime. The regime is now being revised, mainly to take account of significant technological developments and to create a more level playing field among EU Member States. The proposed regulation would recast the regulation in force since 2009. Among other elements, the proposal seeks to introduce an 'autonomous' EU list for cyber-surveillance technology featuring items that are not (yet) subject to multilateral export control. Moreover, the proposal seeks to introduce human rights violations as an explicit justification for export control. Stakeholders are divided over the incorporation of human rights considerations, with the technology industry particularly concerned that it might lose out to non-European competitors. On 17 January 2018, based on the INTA committee's report on the legislative proposal, the European Parliament adopted its position for trilogue negotiations. For its part, the Council adopted its negotiating mandate on 5 June 2019, and on the basis of this mandate, the Council Presidency began negotiations with the European Parliament's delegation on 21 October 2019. Fifth edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure. Please note this document has been designed for on-line viewing.

The further development of the Common Position 944/2008/CFSP on arms exports control

16-07-2018

In view of the upcoming review of the EU Common Position 944/2008/CFSP on arms exports, the aim of the workshop was to provide an overview of the context in which this process will take place together with a set of possible outcomes the review could produce. The speakers from the Stockholm International Peace Research Institute (SIPRI), first defined the context by describing how, since the EU Common Position was adopted in 2008, EU member states performed in terms of military expenditure, arms production ...

In view of the upcoming review of the EU Common Position 944/2008/CFSP on arms exports, the aim of the workshop was to provide an overview of the context in which this process will take place together with a set of possible outcomes the review could produce. The speakers from the Stockholm International Peace Research Institute (SIPRI), first defined the context by describing how, since the EU Common Position was adopted in 2008, EU member states performed in terms of military expenditure, arms production and arms transfers. Recent measures adopted at the EU level to boost defence industrial cooperation were also indicated as part of this framework. The speakers also highlighted the divergences in member states’ export policies which emerged in the last decade, most recently during the conflict in Yemen. They then provided a number of options that could be taken into consideration during the 2018 review, covering both adjustments to the language of the criteria and the user’s guide and measures to improve the implementation of the EU Common Position, the quality of reporting and to increase coherence and coordination of the EU export control regime.

Extern avdelning

Dr. Sibylle BAUER, Mark BROMLEY, Giovanna MALETTA – Stockholm International Peace Research Institute (SIPRI)

EU rules on control of arms exports

05-09-2017

The EU's Common Position on arms exports is the only legally binding region-wide arrangement on conventional arms exports. While the Common Position has increased information-sharing and transparency of Member States' arms exports, scope remains to enhance convergence of national policies and for stricter implementation of the criteria defined in the EU text. Parliament is due to discuss a report on implementation of the Common Position during its September plenary session.

The EU's Common Position on arms exports is the only legally binding region-wide arrangement on conventional arms exports. While the Common Position has increased information-sharing and transparency of Member States' arms exports, scope remains to enhance convergence of national policies and for stricter implementation of the criteria defined in the EU text. Parliament is due to discuss a report on implementation of the Common Position during its September plenary session.

The implementation of the EU arms export control system

30-05-2017

The aim of the workshop was to provide an overview of the EU arms export control system as well as options for improvement. The main speaker, Dr Sibylle Bauer, Director of the Dual-Use and Arms Trade Control Programme at the Stockholm International Peace Research Institute (SIPRI), provided a brief overview of the main elements of the EU Common Position 2008/944/CFSP and then focused on aspects related to strengthening implementation of the eight criteria of the Common Position, the enhancement of ...

The aim of the workshop was to provide an overview of the EU arms export control system as well as options for improvement. The main speaker, Dr Sibylle Bauer, Director of the Dual-Use and Arms Trade Control Programme at the Stockholm International Peace Research Institute (SIPRI), provided a brief overview of the main elements of the EU Common Position 2008/944/CFSP and then focused on aspects related to strengthening implementation of the eight criteria of the Common Position, the enhancement of compliance with the reporting obligation by Member States, possible ways to increase the transparency and public scrutiny of the export control framework and the development of the EU’s institutional framework in this context. Her presentation was followed by a debate involving members of the Security and Defence Committee of the European Parliament, the outcome of which may feed into the EP Annual Report on Arms Export.

Extern avdelning

Sibylle BAUER, Mark BROMLEY and Giovanna MALETTA, Stockholm International Peace Research Institute (SIPRI)

Control of trade in dual-use items

14-09-2016

The system of export controls requires its Member States to comply with general international obligations to counter the proliferation of nuclear, biological, and chemical weapons, and other items with potential military use. The same obligation is also applicable to ‘dual-use items’, i.e. items which can be used for civil and military purposes. The existing export control system of dual-use items requires an export authorisation if a dual-use item is exported from the EU to a non-EU country. Without ...

The system of export controls requires its Member States to comply with general international obligations to counter the proliferation of nuclear, biological, and chemical weapons, and other items with potential military use. The same obligation is also applicable to ‘dual-use items’, i.e. items which can be used for civil and military purposes. The existing export control system of dual-use items requires an export authorisation if a dual-use item is exported from the EU to a non-EU country. Without an export authorisation, the dual-use items cannot leave EU customs territory. The list of dual-use items requiring this authorisation is included in Annex I of Regulation 428/2009. The regulation also establishes several rules and principles for export, transport, transfer of, and brokering of these items. Although the regulation is binding in its entirety, it gives several broad competences and discretion to the Member States, for example, with regard to sanctions or different types of authorisation. These competences, on the one hand, allow the Member States to implement the regulation in a way that reflects their legal traditions. On the other hand, however, these might influence the process of harmonisation of dual-use export controls negatively, and as a result, limit their effectiveness. In addition, the most recent technological developments such as 3-D printers, geopolitical changes in the world, a growth of international terrorism and connected security concerns, and a greater concern for human rights, may require an update of the existing European legislation. On several occasions, the European Parliament has called on the Commission to update the existing legislation to react to these challenges. Similarly, the Council and the European Economic and Social Committee noted the need to update the existing legislation. Finally, the European Commission itself expressed a willingness to come forward with a new legislative proposal that will update the existing system of export controls of dual-use items. Please click here for the full publication in PDF format

EU Member States' arms exports (2013)

10-12-2015

This infographic aims to present data on arms exports licensed by EU Member States for the year 2013. The source of data is the 16th Annual Report on arms exports, published by the Council in March 2015, under the common rules governing control of exports of military technology and equipment. It categorises arms based on the 22 categories of military technology and equipment of the EU Common Military List. Data refer to 26 EU Member States, as figures for Cyprus and Greece are not available. This ...

This infographic aims to present data on arms exports licensed by EU Member States for the year 2013. The source of data is the 16th Annual Report on arms exports, published by the Council in March 2015, under the common rules governing control of exports of military technology and equipment. It categorises arms based on the 22 categories of military technology and equipment of the EU Common Military List. Data refer to 26 EU Member States, as figures for Cyprus and Greece are not available. This paper presents the overall value of arms exports licences, and then focuses on the subgroup ‘Small Arms and Light Weapons (SALW) and their ammunition’, representing ML1, ML2 and ML3 of the Common Military List.

Workshop on Dual Use Export Controls

06-10-2015

Although EU Regulation 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items system is in line with the main export control regimes and is seen as a model for others to follow, there are a number of ways in which the regulation could be enhanced and refined. Part One outlines the current state of play, purpose and implementation of the current regulation. In Part Two, against the backdrop of the European Commission's reform proposal ...

Although EU Regulation 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items system is in line with the main export control regimes and is seen as a model for others to follow, there are a number of ways in which the regulation could be enhanced and refined. Part One outlines the current state of play, purpose and implementation of the current regulation. In Part Two, against the backdrop of the European Commission's reform proposal, the effectiveness of the EU's dual-use export controls regime is explored further with regard to its potential contribution to international, national and human security, as well as their impact on EU economic and trade interests. The study concludes that the system’s effectiveness could be improved in a number of ways, but that this requires an effort to mobilise political will at different levels and across different institutions within the EU and its Member States, and to enhance human resources, cooperation and capacity-building. The European Parliament should also give consideration on a regular basis to issues relating to the scope and implementation of the regulation, in order to ensure that the objectives continue to be achieved.

The Impact of the 'Defence Package' Directives on European Defence

20-04-2015

In its conclusions on the Common Security and Defence Policy, the December 2013 European Council stressed the importance of ensuring the full and correct implementation and application of the two defence Directives of 2009. The present study intends to provide the Parliament with an initial perspective regarding the state of implementation of the Directive 2009/81/EC on defence and security procurement (Part.1) and the Directive 2009/43/EC on intra-European Union transfers of defence-related products ...

In its conclusions on the Common Security and Defence Policy, the December 2013 European Council stressed the importance of ensuring the full and correct implementation and application of the two defence Directives of 2009. The present study intends to provide the Parliament with an initial perspective regarding the state of implementation of the Directive 2009/81/EC on defence and security procurement (Part.1) and the Directive 2009/43/EC on intra-European Union transfers of defence-related products (Part.2). It undertakes a first assessment of national practices, through qualitative and statistical analysis. It identifies the complex points and obstacles, which, if not overcome, may well call into question the Directives’ expected beneficial effects.

Extern avdelning

Hélène MASSON, Kévin MARTIN, Yannick QUÉAU and Jihan SENIORA

EU-Indonesia agreement on trade in legal timber

20-02-2014

The EU-Indonesia Forest Law Enforcement, Governance and Trade (FLEGT) Voluntary Partnership Agreement (VPA) was signed on 30 September 2013. It is the first FLEGT VPA the EU has made with an Asian timber-exporting country; VPAs with Malaysia and Vietnam are likely to follow. Please click here for the full publication in PDF format Available language versions:

The EU-Indonesia Forest Law Enforcement, Governance and Trade (FLEGT) Voluntary Partnership Agreement (VPA) was signed on 30 September 2013. It is the first FLEGT VPA the EU has made with an Asian timber-exporting country; VPAs with Malaysia and Vietnam are likely to follow. Please click here for the full publication in PDF format Available language versions:

Monitoring Trade Between the Community and Third Countries in Drug Precursors: Initial Appraisal of the Commission's Impact Assessment

15-03-2013

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment (IA) accompanying the proposal for a Regulation amending Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade between the Community and third countries in drug precursors. Drug precursors are chemical substances that may be produced for licit purposes, but which can be misused for illegal drug production. A specific regulatory framework has been ...

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment (IA) accompanying the proposal for a Regulation amending Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade between the Community and third countries in drug precursors. Drug precursors are chemical substances that may be produced for licit purposes, but which can be misused for illegal drug production. A specific regulatory framework has been set up both at international level and within the EU to prevent the diversion of drug precursors to illicit drug production.

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