WRITTEN QUESTION E-1764/03 by Torben Lund (PSE) to the Commission. Arms transport and export bans.
Date: 2003-05-28
Institutions: European Parliament, Provisional data
Subjects: arms trade, code of conduct, common foreign and security policy, competence of the Member States, export monitoring, maritime transport, military equipment

C 78 E/724

Official Journal of the European Union

EN

27.3.2004

The Israeli Ambassador showed understanding for the Commission’s points and undertook to convey the
Commission’s concerns to the Israeli Ministry of Foreign Affairs, which has not reacted as of yet.

Regarding the posting of international monitors, the Commission would like to inform the Honourable
Member that this issue is being discussed in the framework of the Quartet.

The Commission obviously welcomes any measure taken that would lead to an improvement of the
current situation.

(2004/C 78 E/0774)

WRITTEN QUESTION E-1764/03

by Torben Lund (PSE) to the Commission

(28 May 2003)

Subject: Arms transport and export bans

Most EU countries have rules on the export of arms by their own firms, but there are practically no
restrictions on the transport of arms. It often happens, for example, that armaments are transported from
EU countries in contravention of the individual EU countries’ export bans.

That being so, the possibility cannot be ruled out of terrorist organisations being able to transport by sea,
legally and without great difficulties, armaments purchased from private arms dealers.

It becomes quite grotesque when EU-registered ships freely ship armaments from non-EU countries to
regimes on which the EU has imposed an arms embargo. In this way, Danish vessels have transported
heavy armaments from Poland to Sudan without infringing the EU embargo.

In the light of the above, can the Commission state whether EU rules will be introduced subjecting sea
transport to the same conditions which apply to export activities, so that prior approval has to be given
before the vessel sails)?

Answer given by Mr Patten on behalf of the Commission

(17 July 2003)

Member States have up to now, on the basis of Article 296 of the EC Treaty exempted production and
trade in arms, munition and war material for specifically military purposes from the scope of application
of treaty rules. Trade in military weapons is currently dealt with in the context of the Common Foreign
and Security Policy (CFSP), to which the Commission is fully associated.

The Commission possesses no enforceable legal
instrument to monitor the export of war armaments.
Responsibility for the licensing of military weapons exports belongs to the governments of the Member
States. The main instruments utilised by the Union in this field are the EU Code of Conduct on Arms
Exports (1) adopted in 1998 and the Joint Action 2002/589/CFSP on small arms and light weapons.

The Code lays down a series of criteria on the basis of which all decisions relating to arms exports are
taken and provides a framework within which individual arms transfers can be discussed. While such
criteria give guidance on a common basis, it is made clear that the ultimate responsibility for arms exports
belongs to national governments. In its first four years of operation the Code has increased mutual
understanding of Member States policies, established an efficient consultation mechanism and encouraged
dialogue on the implementation of its provisions. In particular Member States have actively participated in
the new system of denial notification and have striven to increase transparency in arms export control,
also with the publication of the Annual Report.

27.3.2004

EN

Official Journal of the European Union

C 78 E/725

Most recently Common Position 2003/468/CFSP on arms brokering has been adopted whose main
objective is to control arms brokering in order to avoid circumvention on the United Nations, the
European Union or the Organisation for Security and Cooperation embargoes on arms exports as well as
the criteria of the Code. Member States will take all the necessary measures to control brokering activities
taking place within their territory; they are also encouraged to consider controlling brokering activities
outside their territory carried out by brokers of their nationality resident or established in their territory.
While this Common Position represents an improvement,
it is undeniable that there are grounds for
continued strengthening of the Code and its implementation. The Commission supports making the Code
legally binding for Member States.

Joint Action 2002/589/CFSP does not distinguish between legally and illegally transferred weapons.
Among others it provides for financial and technical assistance to non-African, Caribbean and Pacific (ACP)
States, international organisations, programmes, agencies and regional arrangements for these purposes.
Such assistance draws exclusively on CFSP funds. Assistance to ACP States falls under the rules and criteria
established by the Cotonou Agreement. A number of Community-supported projects in both categories are
currently under way.

(1) http://projects.sipri.se/expcon/eucode.htm

(2004/C 78 E/0775)

WRITTEN QUESTION E-1795/03

by Terence Wynn (PSE) to the Commission

(28 May 2003)

Subject: Manufactured products from third countries

Why does the Commission allow manufactured products to enter the EU from third countries that do not
meet minimum health, safety and environmental standards that EU companies have to comply with?
Would the Commission agree that by allowing such products into the EU, the direct result is the loss of
European manufacturing jobs?

Answer given by Mr Liikanen on behalf of the Commission

(14 July 2003)

Products marketed in the European Union, whether they originate from third countries or Member States,
are subject to the same technical rules governing product safety or setting out requirements relating to
health and/or environmental protection.

The requirements on producers, whatever their origins, are therefore the same throughout the Internal
Market. The EU directives on product safety or on requirements relating to health or environmental
protection can therefore affect the marketing of products in the EU.

The Commission is also committed to a comprehensive strategy aimed at promoting Europe’s regulatory
approach in certain third countries (and in particular the EU’s principal trading partners) with regard to
both enterprise policy and aspects of standardisation for industrial sectors. One of the objectives of this
upstream strategy is to promote awareness and the implementation of Community rules by producers of
products manufactured in third countries.