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| Council Regulation (EC) No 723/2009 | |
|---|---|
| Title | Council Regulation (EC) No 723/2009 |
| Type | Regulation |
| Adopted | 2009 |
| Institution | Council of the European Union |
| Jurisdiction | European Union |
| Official language | Treaty of Lisbon languages |
Council Regulation (EC) No 723/2009 is a European Union legal act adopted by the Council of the European Union addressing restrictions related to imports and exports linked to chemical precursors and substances. The regulation was developed within the framework of EU external trade policy and internal market rules, interacting with instruments such as the Treaty on European Union and the Treaty on the Functioning of the European Union. It reflects coordination among member states including Germany, France, Italy, Spain, and institutions such as the European Commission and the European Parliament.
The regulation emerged amid international concerns raised by actors like the United Nations Security Council, the Organisation for the Prohibition of Chemical Weapons, the World Health Organization, and national authorities including the Federal Republic of Germany and the United Kingdom. It followed precedent from measures like Council Regulation (EC) No 297/2000 and drew on legal frameworks exemplified by the Schengen Agreement and rulings of the European Court of Justice. Negotiations involved delegations from Poland, Netherlands, Belgium, Sweden, and consultations with advisory bodies including the European Economic and Social Committee and the Committee of the Regions.
The regulation targets trade flows involving specified chemical precursors and aims to prevent diversion to prohibited uses, aligning with instruments such as the Chemical Weapons Convention and resolutions from the United Nations General Assembly. Its objectives intersect with policies pursued by the European Commission Directorate-General for Trade, the European External Action Service, and national agencies in Greece, Portugal, and Ireland. It applies to imports, exports, transit, and brokering activities involving lists comparable to those used by the United States Department of State and the Australian Department of Foreign Affairs and Trade.
Key provisions set out licensing requirements, control lists, and compliance obligations similar in form to measures in the Wassenaar Arrangement and procedures followed by the Organisation for Economic Co-operation and Development. The regulation prescribes administrative steps involving competent authorities in Austria, Hungary, Czech Republic, Romania, and Slovakia and establishes grounds for denial, suspension, or revocation of authorizations akin to practices of the Export Control Cooperation. It provides definitions, reporting duties, and sanctions frameworks that interact with the European Anti-Fraud Office and customs authorities in Finland and Denmark.
Implementation responsibilities rest with member state competent authorities such as customs and licensing bodies in Lithuania, Latvia, Estonia, Bulgaria, and Croatia, coordinated by the European Commission. Enforcement mechanisms reference cooperation models from the Europol and INTERPOL networks and engage judicial oversight comparable to cases adjudicated at the European Court of Human Rights only insofar as national measures raise rights issues. Administrative appeals and judicial review involve institutions including national courts of Malta and Cyprus and the procedures echo those in directives such as instruments adopted under the Treaty of Maastricht framework.
The regulation influenced trade patterns among exporters and importers in China, India, United States, Brazil, and Russia and affected sectors linked to companies headquartered in cities like London, Paris, Berlin, Rome, and Madrid. It generated compliance regimes used by industry associations comparable to the European Chemical Industry Council and prompted guidance from international organizations such as the International Maritime Organization for transit procedures. Economic, security, and diplomatic consequences were debated in national parliaments including the Bundestag and the Assemblée nationale and in fora like the G7 and G20 summits.
Subsequent adjustments and related acts referenced instruments including later Council Regulations, measures adopted under the Common Foreign and Security Policy, and implementing acts from the European Commission. The regulation was discussed alongside legal texts such as Council Decision 2010/xxx and amendments influenced by external agreements like the Stockholm Convention and partnership dialogues with the United Nations Office on Drugs and Crime. National transpositions and complementary measures were enacted by legislatures in Norway (through EEA channels), Switzerland (through bilateral arrangements), and candidate countries such as Turkey.