Sipri insights on Peace and Security
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- Events in Kyrgyzstan in 2010 have again drawn attention to the conduct of the state security forces in Central Asia
- There has been a concerted effort to develop harmonized arms export policies Box 1.
- EU arms embargoes
3 This section draws on Bromley, M., The Impact on Domestic Policy of the EU Code of Conduct on Arms Exports: The Czech Republic, the Netherlands and Spain, SIPRI Policy Paper no. 21 (SIPRI: Stockholm, 2008); and Bromley, M., ‘10 years down the track: the EU Code of Conduct on Arms Exports’, European Security Review, no. 39 (July 2008), pp. 11–13. 4 Treaty Establishing the European Economic Community (Treaty of Rome), signed 25 Mar. 1957, entered into force 1 Jan. 1958. The formal title was changed in 1992 to the Treaty Establishing the European Community and again in 2009 to the Treaty on the Functioning of the European Union. Article 223 of the original, 1957 text was renumbered as Article 296 in 1992, and is now Article 346 of the 2009 version of the treaty. The various versions of the Treaty of Rome are available at eurlex.europa.eu/en/treaties/>.
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European Council, Conclusions, DOC/91/2, Luxembourg, 29 June 1991, Annex VII, ‘Declaration Lisbon, 27 June 1992, p. 14. 6 Council of the European Union, European Union Code of Conduct on Arms Exports, document 8675/2/98 Rev 2, Brussels, 5 June 1998, Upload/08675r2en8.pdf>. Events in Kyrgyzstan in 2010 have again drawn attention to the conduct of the state security forces in Central Asia the limitations of eu reports on arms exports 3 account’ the factors listed in criteria 5–8 when considering a licence appli cation. Under the EU Code of Conduct, member states committed themselves to set ‘high common standards which should be regarded as the minimum for the management of, and restraint in, conventional arms transfers’ and ‘to reinforce cooperation and to promote convergence in the field of conven tional arms exports’ within the framework of the EU’s Common Foreign and Security Policy (CFSP). 7 To help achieve this, the member states agreed to confidentially share information on the export licences granted and denied and on actual exports of arms and military equipment. This information has since been included in publicly available annual reports. Following its creation, the EU Code of Conduct underwent significant changes. First, in 2000 the Council introduced the Common Military List, describing the 22 categories of arms, munitions, military equipment and technologies subject to the EU Code. This list is regularly updated. 8 Second, the degree of detail on member states’ export licences and actual exports that appears in the EU annual reports has increased substantially. Third, in 2003 the Council published the first version of a publicly accessible user’s guide, aimed at assisting with the implementation of the EU Code, in particular relating to advice on the interpretation of the eight criteria. The user’s guide has been updated on a regular basis. 9 7
8 For the latest version, see Council of the European Union, Common Military List of the Euro pean Union, adopted by the Council on 15 Feb. 2010,
18 Mar. 2010. 9 The current version of the user’s guide is Council of the European Union, User’s Guide to Coun cil Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment, document 9241/09, Brussels, 29 Apr. 2009. There has been a concerted effort to develop harmonized arms export policies Box 1. The eight criteria of the European Union’s Common Position defining common rules governing control of exports of military technology and equipment 1. Respect for the international obligations and commitments of Member States, in particular the sanctions adopted by the UN Security Council or the European Union, agreements on nonproliferation and other subjects, as well as other international obligations. 2. Respect for human rights in the country of final destination as well as respect by that country of international humanitarian law. 3. Internal situation in the country of final destination, as a function of the existence of tensions or armed conflicts. 4. Preservation of regional peace, security and stability. 5. 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. 6. Behaviour of the 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. 7. Existence of a risk that the military technology or equipment will be diverted within the buyer country or reexported under undesirable conditions. 8. Compatibility of the exports of the 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. Source: Council Common Position 2008/944/CFSP of 8 Dec. 2008 defining common rules governing control of exports of mili tary technology and equipment, Official Journal of the European Union, L335, 8 Dec. 2008. 4
sipri insights on peace and security no. 2010/5 In December 2008 the EU member states replaced the EU Code of Conduct with the EU Common Position defining common rules governing control of exports of military technology and equipment. 10 Although the Common Position retained many of the elements developed under the Code of Conduct in the preceding decade—including the eight cri teria—there were several key changes. First, the Common Pos ition is a legal instrument, requiring member states to ensure that their national pos itions conform to common requirements. Second, it extended controls to cover the licens ing of pro duction abroad, brokering activities, transit and transshipment, and intangible transfers of tech nology. 11
decisions on the granting and denying of arms export licences in the hands of member states. As a result, there continue to be cases where the criteria of the Common Position are interpreted differently by member states. While the user’s guide is a useful aid in the harmonization of EU arms export policies, little work has been undertaken to assess whether harmonization is taking place. 12
EU member states share a common view that mandatory United Nations arms embargoes should be respected. As a rule, for each UN arms embargo, the EU imposes a corresponding EU arms embargo. The EU has also imposed arms embargoes that go beyond the requirements of a particular UN arms embargo, as in the case of the arms embargo on Sudan. In addition, the EU has imposed arms embargoes on targets that are not subject to UN arms embargoes, including China, Guinea, Myanmar, Uzbekistan and Zimbabwe. 13 (On the case of Uzbekistan see section IV below.) Following the entry into force of the 2007 Treaty of Lisbon, EU arms embargoes are announced via a Council decision. 14 This follows a proposal made by the High Representative of the Union for Foreign Affairs and Security Policy, the Commission or one of the EU member states. 15 EU arms embargoes, like UN arms embargoes, are implemented and enforced at the national level. However, in 2004 a ‘Sanctions formation’ known as RELEX/ Sanctions was established within the Council’s Foreign Relations Counsel lors Working Group (RELEX) as a forum for the exchange of experience 10 Council Common Position 2008/944/CFSP (note 1). 11 Intangible transfers of technology include, e.g., the transfer of technical information via electronic means and via individuals with technical knowledge. 12 For one example see Bromley, M. and Brzoska, M., ‘Towards a common, restrictive EU arms export policy? The impact of the EU Code of Conduct on major conventional arms exports’, Euro- pean Foreign Affairs Review, vol. 13, no. 3 (autumn 2008). 13 For complete details of current and past EU and UN arms embargoes, see the SIPRI Arms Embargoes Database, Download 411.06 Kb. Do'stlaringiz bilan baham: |
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