EU Council Updates Military Export Controls, Guidance

The European Union Council on Sept. 16 updated and strengthened its export controls on arms sales and issued an updated guidance on the changes. The updates include a new “searchable online database” of member states’ arms export data, a renewed commitment to “promote the universalisation and effective implementation” of the Arms Trade Treaty and a push for “a broader range of information-sharing” on export controls.

The 159-page guidance, intended to help member states adopt the council’s decision, includes information on export licensing practices, a best practices guide, transparency reporting requirements and more.

The changes amend the 2008 Council Common Position on arms exports to take into account new international developments and obligations related to arms sales. In its conclusions, the council calls for “responsible” exporting of military items and urges member states to collaborate on export policies to align their approaches. The Council also asked the Working Party on Conventional Arms Exports to help member states report exports and “further investigate” the benefits of a database that would help licensing officers “facilitate the finding of relevant information.”

In the amendments to the Common Position, the council is asking member states to “reassess” already granted export licenses when “new relevant information becomes available.” In addition, each member state must submit an annual report on its military exports and on the status of its ”implementation of this Common Position,” the council said, which will be made public.

The guidance outlines a best practice guide for documenting end-users for exports, which includes the end-user’s name, address, business name, country of final destination, a description of the goods and a quantity or value of the goods. Although the Council said it is emphasizing assessing export controls during the “pre-licensing phase,” it said “post-shipment control can be an important supplementary tool.” Member states should be conducting on-site inspections or scrutinizing delivery verification certificates and informing other member states “about their experience in this field.” The guidance also includes detailed information on how to interpret “criteria” for certain export licenses, including “human rights,” “regional stability,” “attitude to terrorism” and “risk of diversion.”