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| EU Common Position on Arms Exports | |
|---|---|
| Name | EU Common Position on Arms Exports |
| Adopted | 2008 |
| Jurisdiction | European Union |
| Legal basis | CFSP |
| Related instruments | ITAR, Arms Trade Treaty, Wassenaar Arrangement, SIPRI |
EU Common Position on Arms Exports The EU Common Position on Arms Exports is a policy instrument adopted to harmonize arms export controls among Member States of the European Union and coordinate external relations with partners such as United States, Russia, China, United Kingdom, and NATO. It sets common standards for licensing and seeks to reconcile trade interests with obligations under treaties including the Arms Trade Treaty and agreements with bodies like the OSCE and the United Nations.
The Common Position was adopted in the context of post-Cold War arms control debates involving actors such as Helmut Kohl, Jacques Delors, François Mitterrand, Margaret Thatcher, and institutions including the European Commission, European Council, Council of the European Union, and the European External Action Service. Its origins trace to efforts by states party to the Wassenaar Arrangement and to pressure from civil society organizations like Amnesty International, Human Rights Watch, Greenpeace, and Control Arms. High-profile events such as the Gulf War, Kosovo War, Iraq War, Syrian Civil War, and the Libya crisis shaped debates alongside data from SIPRI and incidents involving companies like BAE Systems, Rheinmetall, Thales Group, Leonardo S.p.A., and Airbus.
The Common Position uses provisions of the Treaty on European Union and instruments of the CFSP to create a binding policy framework for Member States. It complements international law instruments such as the Arms Trade Treaty, Geneva Conventions, United Nations Charter, and regional agreements involving the African Union, OAS, and ASEAN. The scope covers military goods and dual-use items referenced in control lists maintained by the Wassenaar Arrangement, the European Defence Agency, and national authorities like DG Trade.
The Common Position establishes eight criteria that licensing authorities must assess, linking to obligations under the Universal Declaration of Human Rights, the European Convention on Human Rights, and norms promoted by the Council of Europe. Criteria include respect for human rights in recipient states such as Saudi Arabia, Turkey, Egypt, Israel, and Russia; regional stability in areas including the Sahel, Horn of Africa, Western Balkans, Eastern Partnership countries like Ukraine and Georgia; risk of diversion to non-state actors including groups identified in lists by United Nations Security Council resolutions and sanctions regimes involving UNSC Resolution 1973, UNSC Resolution 2254; and compliance with existing embargoes such as those on Libya, Somalia, and Côte d'Ivoire.
Implementation relies on national licensing systems in Member States including France, Germany, Italy, Spain, Poland, Sweden, Netherlands, Belgium, Greece, and Hungary. Enforcement mechanisms involve customs authorities like OLAF and police cooperation bodies such as Europol and judicial cooperation under Eurojust. Oversight also engages parliaments—French National Assembly, Bundestag, Italian Parliament—and watchdog NGOs including Transparency International and think tanks like Chatham House and Carnegie Europe. Disparities in practice have led to infractions involving firms prosecuted under laws such as the UK Export Control Act and judicial cases in national courts like the European Court of Justice.
The Common Position has influenced export patterns recorded by SIPRI and trade data between the European Union and partners such as United States, India, Saudi Arabia, United Arab Emirates, and Turkey. Critics argue that divergence among states undermines effectiveness, citing incidents involving BAE Systems, Rheinmetall, and exports linked to conflicts in Yemen and Syria. Human rights groups such as Amnesty International and Human Rights Watch have campaigned against licences to regimes including Egypt and Bahrain, while defense industry lobbies like European Defence Industries Group and trade unions have cited economic impacts in regions like Toulouse and Bristol.
Notable decisions and controversies include licence refusals or suspensions involving sales to Saudi Arabia after Khashoggi affair-era pressures, export scrutiny following incidents in Yemen civil war, embargo enforcement against Libya during the 2011 military intervention in Libya, and national actions by Germany restricting exports to Turkey after tensions over Operation Olive Branch. Judicial challenges and parliamentary inquiries in United Kingdom and France over contracts involving BAE Systems and Dassault Aviation illustrate legal and political friction. Multilateral responses have involved NATO partners and consultations with United States Department of State and United States Department of Defense.
Reform proposals come from actors including the European Commission, European Parliament, NGOs like Control Arms, and think tanks such as European Council on Foreign Relations. Ideas range from converting the Common Position into an EU regulation under the TFEU to create uniform licensing, to aligning export policy with the Arms Trade Treaty and strengthening enforcement via agencies like Europol and the EPPO. Emerging issues include proliferation risks involving suppliers in North Korea, Iran, and China; technological concerns tied to companies like ASML and items subject to export controls under the Wassenaar Arrangement; and geopolitical pressure arising from crises in the Eastern Mediterranean and the Black Sea region.