WRITTEN QUESTION E-2691/02

by Bart Staes (Verts/ALE) to the Council

(26 September 2002)

Subject: Endorsement of the EU Code of Conduct for Arms Exports by the candidate countries

In 1998 the 15 EU Member States reached agreement on an EU Code of Conduct for Arms Exports. On 10 July 2001 the Council replied to a question by Matti Wuori, MEP, as follows (P-3693/00(1)):

In the Council's view, it is essential to ensure that the Associated States comply with the Code of Conduct before acceding to the Union, as all have in any case already undertaken to do. The associated countries receive detailed information on activities in the Council, including information on the implementation of the Code, in the context of the regular meetings at troika level. Nevertheless, it is possible to envisage other forms of cooperation in the field of the control of exports.

When the Council says that it is essential to ensure that the candidate countries comply with the Code of Conduct, who does it see carrying out this task?

Can the Council now make an assessment, one year after its reply to Mr Wuori, of compliance with the Code of Conduct by the candidate countries? If so, what is it? If not, why not? In what way did the candidate countries undertake to comply with the Code formally or informally? If countries do not formally sign, will the Council reject them as Member States?

What are the activities in the Council regarding application of the Code of Conduct on which the candidate countries apparently receive detailed information?

The Council takes the view that nevertheless, it is possible to envisage other forms of cooperation in the field of the control of exports. What are they? Does this mean that the candidate countries will not be subject to the same rules as the current Member States? If not, does the Council not consider it more advisable to maintain one uniform system throughout the EU? And will it then opt for maintaining the current Code of Conduct?

(1) OJ C 340 E, 4.12.2001, p. 6.

Reply

(18 February 2003)

The EU Code of Conduct on arms exports, adopted by the Council on 8 June 1998, was not adopted in the form of a legally binding act, nor does it constitute an international agreement to be signed or ratified by Member States. A certain number of third countries, including all candidate countries, aligned themselves with the Code's principles either at the time of its adoption or subsequently. They did so in the form of unilateral statements. As a consequence, they are politically bound by the Code's principles, but they do not take part in the consultation mechanism contained in the Code's operative provisions.

Dialogue with the third countries which have aligned themselves with the Code's principles, particularly the associated countries of Central and Eastern Europe, as well as Cyprus, Malta and Turkey, began immediately after the adoption of the Code, and was stepped up during the lst two years (i.e. third and fourth year of its application). During these two years new initiatives were launched aimed at improving the application of the Code in these countries both at legislative level and in the actual implementation by the operators concerned.

Moreover, seminars on arms exports were held with a view to promoting a wider exchange information among experts of all Member States and candidate countries on European Code of Conduct practices. Such seminars were held in Warsaw (January 2001), Nicosia (June 2001) and in Sofia (March 2002).

This enhanced dialogue has allowed Member States to assess the considerable progress made by candidate countries in improving and implementing their arms control legislation in the light of the Code.

At the same time, work has continued towards greater involvement by the candidate countries in the consultation mechanism and the principle was agreed to involve candidate countries in denial notifications, as well as the principle of sharing such information on an aggregate basis.

After their accession to the EU, the candidate countries will fully apply its operative provisions as any other Member State.