# CE2010021EN.01000201.xml

| 28.1.2010 | EN | Official Journal of the European Union | CE 21/2 |
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28.1.2010

EN

Official Journal of the European Union

CE 21/2

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Thursday 4 December 2008Arms exports (Code of Conduct)

P6_TA(2008)0580

European Parliament resolution of 4 December 2008 on the EU Code of Conduct on Arms Exports

2010/C 21 E/02

The European Parliament,

The European Parliament

having regard to Rule 103(4) of its Rules of Procedure,

| A. | whereas June 2008 marked the tenth anniversary of the European Union Code of Conduct on Arms Exports, |
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A.

whereas June 2008 marked the tenth anniversary of the European Union Code of Conduct on Arms Exports,

| B. | whereas more than three years ago, on 30 June 2005, COARM (the Council Working Party on Conventional Arms) agreed at technical level on the text of a common position as the result of a thorough process of revision of the EU Code of Conduct on Arms Exports, with the aim of transforming the Code into an efficient instrument to control arms exports from EU territory and by EU companies, |
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B.

whereas more than three years ago, on 30 June 2005, COARM (the Council Working Party on Conventional Arms) agreed at technical level on the text of a common position as the result of a thorough process of revision of the EU Code of Conduct on Arms Exports, with the aim of transforming the Code into an efficient instrument to control arms exports from EU territory and by EU companies,

| C. | whereas adoption of that common position will make the Code a legally binding arms export control instrument for all EU Member States, |
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C.

whereas adoption of that common position will make the Code a legally binding arms export control instrument for all EU Member States,

| D. | whereas despite various calls from Parliament to do so, the Council has since 2005 failed to adopt that common position at political level, leaving the issue unresolved, |
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D.

whereas despite various calls from Parliament to do so, the Council has since 2005 failed to adopt that common position at political level, leaving the issue unresolved,

| E. | whereas this issue has acquired a new sense of urgency owing to a number of developments:






  — | several initiatives aimed at harmonising national arms procurement policies and intra-Community arms transfers and sales, |
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E.

whereas this issue has acquired a new sense of urgency owing to a number of developments:

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several initiatives aimed at harmonising national arms procurement policies and intra-Community arms transfers and sales,

| — | renewed interest in controlling the impact of the illicit arms trade, in particular since the entry into force of EU air safety regulations and the impact these have had on the activities of air cargo operators that are suspected of being involved in destabilising arms transfers, |
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renewed interest in controlling the impact of the illicit arms trade, in particular since the entry into force of EU air safety regulations and the impact these have had on the activities of air cargo operators that are suspected of being involved in destabilising arms transfers,

| 1. | Reiterates forcefully, in the light of the tenth anniversary of the Code, its criticism of the current political impasse caused by the non-adoption of the common position; |
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1.

Reiterates forcefully, in the light of the tenth anniversary of the Code, its criticism of the current political impasse caused by the non-adoption of the common position;

| 2. | Urges the French Presidency, and, if need be, the forthcoming Presidencies, to resolve the issue by ensuring that the common position is adopted without further delay; |
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2.

Urges the French Presidency, and, if need be, the forthcoming Presidencies, to resolve the issue by ensuring that the common position is adopted without further delay;

| 3. | Reiterates that the EU's contribution to an internationally binding Arms Trade Treaty will strongly gain in credibility as soon as its own arms exports regime becomes legally binding; |
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3.

Reiterates that the EU's contribution to an internationally binding Arms Trade Treaty will strongly gain in credibility as soon as its own arms exports regime becomes legally binding;

| 4. | Reiterates that, in parallel with the adoption of the common position, the following measures, inter alia, should be taken:






  (a) | preventing irresponsible arms transfers by a strict application of the Code's criteria to both companies and national armed forces; |
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4.

Reiterates that, in parallel with the adoption of the common position, the following measures, inter alia, should be taken:

(a)

preventing irresponsible arms transfers by a strict application of the Code's criteria to both companies and national armed forces;

| (b) | preventing illegal arms trafficking by air and sea; improving and applying brokering controls by calling on all Member States that have not yet done so to incorporate into their national legislation the letter and spirit of Council Common Position 2003/468/CFSP of 23 June 2003 on the control of arms brokering (1); |
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(b)

preventing illegal arms trafficking by air and sea; improving and applying brokering controls by calling on all Member States that have not yet done so to incorporate into their national legislation the letter and spirit of Council Common Position 2003/468/CFSP of 23 June 2003 on the control of arms brokering (1);

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| (c) | prompt investigation of recent allegations of violations of arms embargoes; |
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(c)

prompt investigation of recent allegations of violations of arms embargoes;

| (d) | preventing the selling-off to private brokers of arms collected in the course of ESDP (European Security and Defence Policy) and SSR (Security Sector Reform) operations and other EU initiatives, and their subsequent transfer to other regions of violent conflict or tension; |
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(d)

preventing the selling-off to private brokers of arms collected in the course of ESDP (European Security and Defence Policy) and SSR (Security Sector Reform) operations and other EU initiatives, and their subsequent transfer to other regions of violent conflict or tension;

| (e) | improving the transparency and quality of data submitted by EU Member States in the context of the Annual Report on the Code of Conduct; |
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(e)

improving the transparency and quality of data submitted by EU Member States in the context of the Annual Report on the Code of Conduct;

| 5. | Is convinced that the adoption of the common position on the Code of Conduct on Arms Exports is vital for the orderly implementation of the impending directive on intra-Community transfers of defence-related goods and for an efficient control of arms exports; |
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5.

Is convinced that the adoption of the common position on the Code of Conduct on Arms Exports is vital for the orderly implementation of the impending directive on intra-Community transfers of defence-related goods and for an efficient control of arms exports;

| 6. | Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States. |
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6.

Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States.

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(1)  OJ L 156, 25.6.2003, p. 79.

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