on the position to be adopted, on behalf of the European Union, with regard to the draft Rules of Procedures at the Conference of State Parties to the Arms Trade Treaty (ATT)

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The Arms Trade Treaty (ATT) aims to contribute to international and regional peace, security and stability by regulating the international trade in conventional arms and eradicating illicit arms trade. It sets standards for transfers of conventional weapons and requires State Parties to review all arms exports to ensure conventional arms and munitions will not be used inter alia in Human Rights abuses, terrorism and violations of humanitarian law.

Initiated by UN Resolution 61/89 adopted in 2006, the ATT was adopted on 2 April 2013 by the UN General Assembly. The ATT entered into force on 24 December 2014 following ratification by 50 State Parties. 69 states have ratified the ATT including 26 EU Member States.

The ATT provides, inter alia, for measures (such as import and export controls), which fall within the scope of the Union's Common Commercial Policy. In this domain, the ATT addresses areas of Union law where the degree of regulation has already reached an advanced stage. Moreover, the following EU secondary legislation related to the internal market is also of relevance: a) Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community, b) Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons, and c) Regulation (EU) No 258/2012 of the European Parliament and of the Council of 14 March 2012 implementing Article 10 of the United Nations’ Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol), and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition.

Under Article 17(1) and (2) of the ATT, a Conference of States Parties must be convened by the provisional Secretariat within 18 months after entering into force of the ATT and must adopt by consensus its rules of procedure at the first session. This first session of the Conference of State Parties will take place on 24-27 August in Mexico. A final preparatory meeting takes place in Geneva on 6-8 July to present the work of the drafting Committee on the RoP and finalise negotiations in this regard.

The Conference of State Parties is responsible for reviewing the implementation of the ATT, considering amendments to the ATT, and consider issues arising from the interpretation of the ATT. Therefore, the Conference of State Parties will deal with questions partly falling under EU exclusive competence. Moreover, the RoP to be adopted will govern the way the Conference of State Parties will work and make decisions. Thus, the RoP need to considered a decision that will have direct impact on EU exclusive competence and the EU participating as observer in the Conference. In view of the intention of the Member States to vote for the RoP at the Conference of State Parties, the Commission proposes the adoption of a Council Decision within the meaning of Article 218(9) TFEU establishing the position on the RoP to be adopted on behalf of the European Union at the first session of the Conference.

•Consistency with existing policy provisions in the policy area

Not applicable

•Consistency with other Union policies

In accordance with the rules on external competence as laid down in Article 3 of the Treaty on the Functioning of the European Union (TFEU), the ATT includes matters that fall under exclusive competence of the Union.

Decision taken under the ATT, such as the adoption of the RoP of the Conference of State Parties to the ATT may impact on EU exclusive competences. Therefore, the RoP shall not contain any provisions that:

(1)may prevent Member States to apply:

(a)Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons, as amended;

(b)Council Directive 93/15/EEC of 5 April 1993 on the harmonization of the provisions relating to the placing on the market and supervision of explosives for civil uses, as amended;

(c)Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community, as amended.

(2)may restrict the free movement of goods, persons, services and capital within the Union's internal market, unless the restriction is specifically justified by Articles 36, 45(3), 52(1), 65, or 346 TFEU.

(3)may restrict exports or imports from/into the Union, or transit through the territory of the Union shall be compatible with any applicable provisions of Union law, including in particular: