BETA


2015/2114(INI) Arms export: implementation of Common Position 2008/944/CFSP

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead AFET VALERO Bodil (icon: Verts/ALE Verts/ALE) KELAM Tunne (icon: PPE PPE), AYALA SENDER Inés (icon: S&D S&D), KRASNODĘBSKI Zdzisław (icon: ECR ECR), JÄÄTTEENMÄKI Anneli (icon: ALDE ALDE), CASTALDO Fabio Massimo (icon: EFDD EFDD)
Lead committee dossier:
Legal Basis:
RoP 54

Events

2015/12/17
   EP - Results of vote in Parliament
2015/12/17
   EP - Decision by Parliament
Details

The European Parliament adopted by 249 votes to 164, with 128 abstentions, a resolution on arms export: implementation of Common Position 2008/944/CFSP.

To recall, the Common Position 2008/944/CFSP is a legally binding framework laying down eight criteria for the export of conventional arms to be applied by EU Member States to their licensing decisions.

Global security environment and arms exports : deeply concerned at the spread of armed conflicts, notably those in Ukraine, Syria, Iraq, Libya and Yemen, Parliament found it regrettable that developments in the last two years have shown that weapons sometimes end up in the hands of terrorists or repressive regimes or of countries where children might be recruited or used in hostilities. It deplored the fact that around half a million people die every year as a result of armed violence and believed it is necessary to adopt effective arms export control regimes .

Members recalled that EU Member States are major global arms exporters , accounting in 2013 for EUR 36 711 billion in exports worldwide, of which EUR 10 735 takes place between Member States and EUR 25 976 billion to third countries. They regretted, however, that Article 10 of the Common Position is often overlooked. According to this Article, considerations of economic, commercial and industrial interests by Member States shall not affect the application of the eight criteria regulating arms exports.

Parliament recalled that the defence industry should serve as an instrument for implementing the defence and security of the Member States ensuring a security of supply regime in the EU, while also contributing towards the implementation of a strengthened Common Foreign and Security Policy and Common Security and Defence Policy. It recognised that arms exports have been instrumental in terms of strengthening and further developing the industrial and technological base of European defence , which has been important in a wide range of innovation and technological development. It also acknowledged the legitimacy of exports that are carried out in response to a request made to the EU in accordance with the right to self-defence. Members stressed the risks that arms from third countries which have high levels of corruption might be introduced into Europe owing to increased arms smuggling and trafficking. They stressed that arms export controls are an integral part of EU foreign and security policy and must be guided by the principles enshrined in Article 21 TEU , notably the promotion of democracy and the rule of law and the preservation of peace, prevention of conflicts and strengthening of international security.

The Arms Trade Treaty (ATT) : Parliament welcomed the entry into force of the ATT which, while representing a positive achievement, still has limitations and ambiguities (unclear concepts, exception to reporting obligations, lack of sanctioning regime). It urged those Member States that have not yet ratified the ATT to do so at the earliest opportunity.

According to Members, the Treaty will be genuinely successful only if steps are taken to make it universally applicable and if binding or punitive mechanisms are established, to be used in case of failure to apply the rules/

The Common Position : Parliament recalled that the Common Position should lead to a coordinated approach to the arms trade that does not affect the right of Member States to operate more restrictive national policies. It pointed out that harmonisation at European level should not be used as a pretext for watering down stricter national rules. Member States are urged to cancel already agreed contracts where as a result of a sharply changed situation the deal breaches the Common Position.

Furthermore, Members took the view that the real problem is that the Common Position is being applied loosely and interpreted inconsistently by the Member States, and therefore they considered it crucial that a consistent and ambitious application of the eight criteria be pursued. The resolution also:

considered it advisable to make arrangements for conducting independent checks and for penalties in case of infringement of the Common Position; encouraged a stricter application of national criteria by broadening assessments to include a focus on the situation in the country of destination as well as on the specific military technology in question; called for clarification of Criterion Two which requires Member States to deny an export licence only if there is a ‘clear risk’ that the military technology or equipment to be exported might be used for internal repression.

Members States were asked to:

treat the concept of risk in arms transfer licensing processes on a precautionary basis, as is standard when addressing other areas such as terrorism, money laundering and environmental concerns; include a mechanism in the Common Position that would automatically freeze existing export licences for arms to countries against which a European weapons embargo has been established after the export control license was granted; include arms transporting and arms financing services into their arms brokering legislation; establish an effective control system regarding possible diversions of exports.

Parliament called for increased coordination at working level within the Council and the EEAS in order to ensure that aspects related to conflict prevention, development and human rights are duly taken into account.

Transparency : regretting the late adoption of the Sixteenth Annual Report, making it the most delayed ever, Parliament urged the Council and the VP/HR to look at ways of improving compliance with the reporting obligation and increasing the transparency and public scrutiny of the export control framework, in particular ensuring that Member States report all arms exports.

Members called for the:

the introduction of a standardised reporting and submission procedure, including a deadline, for information on actual exports and licence data, to be applied and complied with uniformly in all Member States; enhanced consultations between Member States with regard to transfers to fragile and unstable regions or countries, in particular those that are acting aggressively in their neighbourhood; deep and systematic verification of implementation of the EU sanctions regime against Russia in arms exports and sales of dual-use technologies; establishment of a list of persons (including entities and individuals) that have been convicted of violating arms export-related legislation and of cases of identified diversion; monitoring of and cooperation on illegal arms trafficking , through cooperation procedures involving police forces and border authorities based on the exchange of information and databases; parliamentary oversight to be strengthened at both national and European level by means of annual reports to parliaments.

New technologies and the issue of dual-use goods: given that technological developments make it increasingly difficult to distinguish between pure military and pure civilian use, Members called for special attention to be paid to the Dual Use List in the light of the Wassenaar Arrangement. Particular attention should be given to new technologies of strategic importance, such as Remotely Piloted Aircraft Systems , applied robotics and surveillance technology.

Member States were asked to make sufficient resources available to effectively implement and enforce dual-use export, brokering and transit controls.

Documents
2015/12/17
   EP - End of procedure in Parliament
2015/12/16
   EP - Debate in Parliament
2015/11/23
   EP - Committee report tabled for plenary
Details

The Committee on Foreign Affairs adopted the own-initiative report by Bodil VALERO (Greens/EFA, SE) on arms export: implementation of Common Position 2008/944/CFSP.

To recall, the Common Position 2008/944/CFSP is a legally binding framework laying down eight criteria for the export of conventional arms to be applied by EU Member States to their licensing decisions.

Global security environment and arms exports : deeply concerned at the spread of armed conflicts, notably those in Ukraine, Syria, Iraq, Libya and Yemen, Members found it regrettable that developments in the last two years have shown that weapons sometimes end up in the hands of terrorists or repressive regimes or of countries where children might be recruited or used in hostilities. They deplored the fact that around half a million people die every year as a result of armed violence and believed it is necessary to adopt effective arms export control regimes .

EU Member States are major global arms exporters , accounting in 2013 for EUR 36 711 billion in exports worldwide, of which EUR 10 735 takes place between Member States and EUR 25 976 billion to third countries. Members noted that Article 10 of the Common Position states that considerations of economic, commercial and industrial interests by Member States shall not affect the application of the eight criteria regulating arms exports . They regretted, however, that Article 10 is often overlooked, especially since European defence companies are increasingly compensating for their reduced turnover in Europe through extra-EU exports.

The committee recalled that the defence industry should serve as an instrument for implementing the defence and security of the Member States ensuring a security of supply regime in the EU, while also contributing towards the implementation of a strengthened Common Foreign and Security Policy and Common Security and Defence Policy, given that this is important in helping ensure global stability and security. It acknowledged the legitimacy of exports that are carried out in response to a request made to the EU in accordance with the right to self-defence.

The Arms Trade Treaty (ATT) : the report welcomed the entry into force of the ATT which, while representing a positive achievement, still has limitations and ambiguities (unclear concepts, exception to reporting obligations, lack of sanctioning regime). It urged those Member States that have not yet ratified the ATT to do so at the earliest opportunity.

The Common Position : Members recalled that the Common Position should lead to a coordinated approach to the arms trade that does not affect the right of Member States to operate more restrictive national policies. They pointed out that harmonisation at European level should not be used as a pretext for watering down stricter national rules. Members took the view that the real problem is that the Common Position is being applied loosely and interpreted inconsistently by the Member States, and therefore they considered it crucial that a consistent and ambitious application of the eight criteria be pursued. Members also:

considered it advisable to make arrangements for conducting independent checks and for penalties in case of infringement of the Common Position; encouraged a stricter application of national criteria by broadening assessments to include a focus on the situation in the country of destination as well as on the specific military technology in question; called for clarification of Criterion Two which requires Member States to deny an export licence only if there is a ‘clear risk’ that the military technology or equipment to be exported might be used for internal repression.

Members States were asked to:

treat the concept of risk in arms transfer licensing processes on a precautionary basis, as is standard when addressing other areas such as terrorism, money laundering and environmental concerns; support the creation of an independent European Arms Control Authority (EACA) under the auspices of the High Representative of the European Union for Foreign Affairs and Security Policy; include a mechanism in the Common Position that would automatically freeze existing export licences for arms to countries against which a European weapons embargo has been established after the export control license was granted; include arms transporting and arms financing services into their arms brokering legislation; establish an effective control system regarding possible diversions of exports.

Members called for increased coordination at working level within the Council and the EEAS in order to ensure that aspects related to conflict prevention, development and human rights are duly taken into account.

Transparency: the committee was of the opinion that the annual reports on arms exports are significant tools in advancing the transparency of arms trade. They found it regrettable, however, that only 21 Member States made full submissions for the 16th Annual Report. They asked for:

the introduction of a standardised reporting and submission procedure, including a deadline, for information on actual exports and licence data, to be applied and complied with uniformly in all Member States; enhanced consultations between Member States with regard to transfers to fragile and unstable regions or countries, in particular those that are acting aggressively in their neighbourhood; parliamentary oversight to be strengthened at both national and European level by means of annual reports to parliaments;.

New technologies and the issue of dual-use goods: given that technological developments make it increasingly difficult to distinguish between pure military and pure civilian use, Members called for special attention to be paid to the Dual Use List in the light of the Wassenaar Arrangement. Particular attention should be given to new technologies of strategic importance, such as Remotely Piloted Aircraft Systems , applied robotics and surveillance technology.

Member States were asked to make sufficient resources available to effectively implement and enforce dual-use export, brokering and transit controls.

Documents
2015/11/16
   EP - Vote in committee
2015/09/24
   EP - Amendments tabled in committee
Documents
2015/07/15
   EP - Committee draft report
Documents
2015/05/21
   EP - Committee referral announced in Parliament
2014/09/22
   EP - VALERO Bodil (Verts/ALE) appointed as rapporteur in AFET
2008/12/08
   CSL - For information
2008/12/08
   all - Additional information

Documents

Activities

Votes

A8-0338/2015 - Bodil Valero - § 29 #

2015/12/17 Outcome: -: 310, +: 239, 0: 29
IT ES LT LU BE SE EE RO DE BG FI AT DK PT SI HR MT LV CY IE SK NL CZ HU EL FR GB PL
Total
58
31
9
5
20
17
5
22
69
13
11
16
12
18
7
10
6
6
2
9
12
22
18
18
9
59
50
43
icon: S&D S&D
143

Luxembourg S&D

For (1)

1

Estonia S&D

For (1)

1
3

Slovenia S&D

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1

Croatia S&D

2

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3

Latvia S&D

1

Ireland S&D

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1

Netherlands S&D

2

Czechia S&D

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4
icon: Verts/ALE Verts/ALE
40

Lithuania Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Belgium Verts/ALE

2

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3

Estonia Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Austria Verts/ALE

2

Denmark Verts/ALE

For (1)

1

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For (1)

1

Croatia Verts/ALE

For (1)

1

Latvia Verts/ALE

1

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1

Hungary Verts/ALE

2

France Verts/ALE

4

United Kingdom Verts/ALE

4
icon: ALDE ALDE
58

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1

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3

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3

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3

A8-0338/2015 - Bodil Valero - § 43/1 #

2015/12/17 Outcome: +: 465, -: 95, 0: 11
IT DE ES FR BE RO PT SE HU CZ NL AT BG IE HR SK LT FI SI LU EE MT DK LV EL GB PL
Total
58
66
31
60
20
22
18
17
17
19
22
17
13
8
10
12
9
11
7
5
5
6
12
6
7
49
43
icon: PPE PPE
161

Lithuania PPE

1

Finland PPE

2

Luxembourg PPE

2

Estonia PPE

For (1)

1

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1
icon: S&D S&D
140

Netherlands S&D

2
3

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2

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For (1)

1

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1

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1

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3

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1
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58

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3

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1

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1

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1
icon: Verts/ALE Verts/ALE
40

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4

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3

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1

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1

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3

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1

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1

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1

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1

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1

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1

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1

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1

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4
icon: GUE/NGL GUE/NGL
37
3

Sweden GUE/NGL

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1

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2

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3

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1
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1

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58

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A8-0338/2015 - Bodil Valero - § 43/2 #

2015/12/17 Outcome: +: 436, -: 82, 0: 42
DE PL GB RO BE SE ES IT NL BG CZ AT HU HR DK LT PT FI SK SI LV LU EE MT FR IE EL
Total
65
41
48
21
18
17
31
58
22
13
19
17
17
10
11
9
17
11
11
6
6
5
5
6
59
9
7
icon: PPE PPE
156

Denmark PPE

For (1)

1

Lithuania PPE

1

Finland PPE

2
3

Luxembourg PPE

2

Estonia PPE

For (1)

1
icon: S&D S&D
138

Netherlands S&D

2

Bulgaria S&D

Abstain (1)

3

Czechia S&D

Abstain (1)

4

Croatia S&D

2
3

Slovenia S&D

For (1)

1

Latvia S&D

1

Luxembourg S&D

For (1)

1

Estonia S&D

For (1)

1

Malta S&D

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3

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1
icon: ALDE ALDE
58

United Kingdom ALDE

1

Romania ALDE

3

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1

Croatia ALDE

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1

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2

Portugal ALDE

2

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1

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56

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2

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1
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1
icon: Verts/ALE Verts/ALE
40

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4

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2

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3

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1

Austria Verts/ALE

3

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2

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1

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1

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1

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1

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4
icon: NI NI
10

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2

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1
3

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2

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2
icon: EFDD EFDD
34

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1

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2

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1

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1

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icon: GUE/NGL GUE/NGL
37

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1

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1

Italy GUE/NGL

3

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3

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2

Denmark GUE/NGL

Abstain (1)

1

Portugal GUE/NGL

3

Finland GUE/NGL

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1

Ireland GUE/NGL

Abstain (1)

4

Greece GUE/NGL

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1
icon: ENF ENF
30

Poland ENF

2

United Kingdom ENF

Against (1)

1

Belgium ENF

Abstain (1)

1

Netherlands ENF

4

Austria ENF

3

A8-0338/2015 - Bodil Valero - § 43/3 #

2015/12/17 Outcome: +: 463, -: 56, 0: 37
DE IT PL GB ES RO AT CZ BE SE PT BG SK HU NL HR DK LT FI IE SI LV LU EE MT EL FR
Total
63
57
42
49
29
21
17
19
18
16
17
13
12
18
21
10
12
9
11
9
7
6
5
5
6
7
56
icon: S&D S&D
135
3

Netherlands S&D

2

Croatia S&D

2

Ireland S&D

For (1)

1

Slovenia S&D

For (1)

1

Latvia S&D

1

Luxembourg S&D

For (1)

1

Estonia S&D

For (1)

1

Malta S&D

Abstain (1)

3
icon: PPE PPE
154

Sweden PPE

1

Denmark PPE

For (1)

1

Lithuania PPE

1

Finland PPE

2

Luxembourg PPE

2

Estonia PPE

For (1)

1
icon: ECR ECR
57

Romania ECR

For (1)

1

Czechia ECR

2

Bulgaria ECR

2

Slovakia ECR

2

Netherlands ECR

2

Croatia ECR

For (1)

1

Lithuania ECR

1
2

Latvia ECR

For (1)

1
icon: ALDE ALDE
58

United Kingdom ALDE

1

Romania ALDE

3

Austria ALDE

For (1)

1

Croatia ALDE

For (1)

1

Denmark ALDE

2

Ireland ALDE

For (1)

1

Slovenia ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

2
icon: Verts/ALE Verts/ALE
41

United Kingdom Verts/ALE

4

Austria Verts/ALE

3

Belgium Verts/ALE

2

Sweden Verts/ALE

3

Hungary Verts/ALE

2

Netherlands Verts/ALE

1

Croatia Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Luxembourg Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1

France Verts/ALE

4
icon: EFDD EFDD
35

Poland EFDD

1

Czechia EFDD

Abstain (1)

1

Sweden EFDD

2

Lithuania EFDD

For (1)

1

France EFDD

Against (1)

1
icon: GUE/NGL GUE/NGL
37

Italy GUE/NGL

Against (1)

3

United Kingdom GUE/NGL

1

Czechia GUE/NGL

2

Sweden GUE/NGL

Abstain (1)

1

Portugal GUE/NGL

3

Netherlands GUE/NGL

3

Denmark GUE/NGL

Against (1)

1

Finland GUE/NGL

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1

Ireland GUE/NGL

Abstain (1)

4

Greece GUE/NGL

1
icon: NI NI
10

Germany NI

2

Poland NI

Abstain (1)

1
3

Greece NI

2

France NI

Against (1)

2
icon: ENF ENF
28

Poland ENF

2

United Kingdom ENF

Against (1)

1
3

Netherlands ENF

4

A8-0338/2015 - Bodil Valero - § 43/4 #

2015/12/17 Outcome: +: 480, -: 59, 0: 16
DE IT PL ES GB RO BE CZ PT SE BG NL AT DK SK HU HR FI IE LT SI LV LU EE MT EL FR
Total
66
49
43
30
48
22
20
19
18
17
13
21
16
12
12
18
10
10
9
8
7
6
5
5
6
7
57
icon: S&D S&D
136
3

Netherlands S&D

2

Croatia S&D

2

Ireland S&D

For (1)

1

Slovenia S&D

For (1)

1

Latvia S&D

1

Luxembourg S&D

For (1)

1

Estonia S&D

For (1)

1

Malta S&D

Abstain (1)

3
icon: PPE PPE
157

Denmark PPE

For (1)

1

Finland PPE

2

Lithuania PPE

1

Luxembourg PPE

2

Estonia PPE

For (1)

1
icon: ECR ECR
58

Romania ECR

For (1)

1

Czechia ECR

2

Bulgaria ECR

2

Netherlands ECR

2

Slovakia ECR

2

Croatia ECR

For (1)

1
2

Lithuania ECR

1

Latvia ECR

For (1)

1
icon: ALDE ALDE
56

United Kingdom ALDE

1

Romania ALDE

3

Austria ALDE

For (1)

1

Denmark ALDE

2

Croatia ALDE

For (1)

1

Ireland ALDE

For (1)

1

Lithuania ALDE

2

Slovenia ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

2
icon: Verts/ALE Verts/ALE
40

United Kingdom Verts/ALE

4

Belgium Verts/ALE

2

Sweden Verts/ALE

3

Netherlands Verts/ALE

1

Austria Verts/ALE

3

Denmark Verts/ALE

For (1)

1

Hungary Verts/ALE

2

Croatia Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Luxembourg Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1

France Verts/ALE

3
icon: GUE/NGL GUE/NGL
34

Italy GUE/NGL

2

United Kingdom GUE/NGL

1

Czechia GUE/NGL

2
3

Sweden GUE/NGL

For (1)

1

Netherlands GUE/NGL

3

Denmark GUE/NGL

For (1)

1

Greece GUE/NGL

1
icon: EFDD EFDD
32

Poland EFDD

1

Czechia EFDD

Abstain (1)

1

Sweden EFDD

2

Lithuania EFDD

For (1)

1

France EFDD

Against (1)

1
icon: NI NI
10

Germany NI

Against (1)

2

Poland NI

Against (1)

1
3

Greece NI

2

France NI

Against (1)

2
icon: ENF ENF
31

Poland ENF

2

United Kingdom ENF

Against (1)

1

Belgium ENF

For (1)

1

Netherlands ENF

4

Austria ENF

3

A8-0338/2015 - Bodil Valero - Résolution #

2015/12/17 Outcome: +: 249, -: 164, 0: 128
IT BE ES SE RO BG LT PT HU FI EE DE AT LU CZ SI MT NL DK SK IE LV HR GB EL FR PL
Total
54
19
25
15
21
12
8
16
16
10
5
67
15
4
19
7
6
22
12
11
9
6
9
46
6
58
42
icon: S&D S&D
127
3

Estonia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Slovenia S&D

For (1)

1

Malta S&D

3

Netherlands S&D

2

Ireland S&D

For (1)

1

Latvia S&D

1

Croatia S&D

For (1)

1
icon: ALDE ALDE
56

Romania ALDE

2

Estonia ALDE

2

Austria ALDE

For (1)

1

Slovenia ALDE

For (1)

1

Denmark ALDE

2

Ireland ALDE

For (1)

1

Croatia ALDE

For (1)

1

United Kingdom ALDE

1
icon: Verts/ALE Verts/ALE
39

Belgium Verts/ALE

2

Sweden Verts/ALE

2

Lithuania Verts/ALE

For (1)

1

Hungary Verts/ALE

1

Finland Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1

Austria Verts/ALE

3

Luxembourg Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Netherlands Verts/ALE

1

Denmark Verts/ALE

For (1)

1

Latvia Verts/ALE

Abstain (1)

1

Croatia Verts/ALE

For (1)

1

United Kingdom Verts/ALE

Abstain (1)

4

France Verts/ALE

4
icon: EFDD EFDD
35

Sweden EFDD

2

Lithuania EFDD

For (1)

1

Czechia EFDD

Against (1)

1

France EFDD

Against (1)

1

Poland EFDD

1
icon: NI NI
9
3

Germany NI

Against (1)

2

Greece NI

2

France NI

Against (1)

1

Poland NI

Against (1)

1
icon: GUE/NGL GUE/NGL
37

Italy GUE/NGL

Against (1)

3

Sweden GUE/NGL

Abstain (1)

1

Portugal GUE/NGL

Abstain (1)

3

Finland GUE/NGL

Abstain (1)

1

Czechia GUE/NGL

2

Netherlands GUE/NGL

3

Denmark GUE/NGL

Abstain (1)

1

Ireland GUE/NGL

Against (1)

4

United Kingdom GUE/NGL

Abstain (1)

1

Greece GUE/NGL

Against (1)

1

France GUE/NGL

Against (1)

3
icon: ENF ENF
31

Belgium ENF

Abstain (1)

1

Austria ENF

3

Netherlands ENF

4

United Kingdom ENF

Against (1)

1

Poland ENF

2
icon: ECR ECR
53

Romania ECR

Abstain (1)

1

Bulgaria ECR

Against (1)

1

Finland ECR

2

Czechia ECR

2

Netherlands ECR

2

Slovakia ECR

Against (1)

Abstain (1)

2

Latvia ECR

Against (1)

1

Croatia ECR

Against (1)

1
icon: PPE PPE
153

Belgium PPE

For (1)

4

Sweden PPE

Abstain (1)

2

Lithuania PPE

Against (1)

1

Finland PPE

Abstain (1)

1

Estonia PPE

Abstain (1)

1

Austria PPE

Against (1)

4

Luxembourg PPE

2