Council Joint Action 2008/230/CFSP of 17 March 2008 on support for EU activities in order to promote the control of arms exports and the principles and criteria of the EU Code of Conduct on Arms Exports among third countries
Date: 2008-03-17
Institutions: Council of the European Union
Subjects: arms trade, export monitoring, military equipment, third country

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COUNCIL JOINT ACTION 2008/230/CFSP

of 17 March 2008

on support for EU activities in order to promote the control of arms exports and the principles and
criteria of the EU Code of Conduct on Arms Exports among third countries

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in
particular Article 14 thereof,

the effectiveness of, and complement, existing bilateral,
regional and international agreements to prevent, combat
and eradicate the illicit trade in small arms and light
weapons in all its aspects.

Whereas:

(1)

(2)

(3)

(4)

adopted the EU
On 26 June 1997 the Council
Programme for Preventing and Combating Illicit Traf-
ficking in Conventional Arms, committing the EU and
its Member States to take concerted action to assist other
countries in preventing and combating the illicit traf-
ficking of arms.

and includes

On 8 June 1998 the Council adopted the European
Union Code of Conduct on Arms Exports which sets
up eight criteria for the export of conventional arms,
establishes a notification and consultation mechanism
for denials
transparency procedure
through the publication of the EU annual reports on
the Code has
arms
adoption,
contributed
to the harmonisation of
national arms export control policies and its principles
and criteria have been officially subscribed to by various
third countries.

Since
significantly

exports.

its

a

Operative provision 11 of the European Union Code of
Conduct on Arms Exports states that Member States will
to encourage other arms
use their best endeavours
exporting States to subscribe to the Code's principles.

The European Security Strategy adopted by Heads of
State and Government on 12 December 2003 enunciates
five key challenges to be faced by the EU in the post-
Cold War environment: terrorism, the proliferation of
weapons of mass destruction, regional conflicts, State
failure and organised crime. The consequences of the
uncontrolled circulation of conventional weapons are
the
central
uncontrolled
a
worsening of terrorism and organised crime, and is a
major factor in triggering and spreading conflicts, as
well as in the collapse of State structures. In addition,
the Strategy underlines the importance of export controls
to contain proliferation.

these five challenges.
arms

Indeed,
to

to four of

contributes

transfer

of

(6)

(7)

regional

The EU Strategy to combat illicit accumulation and traf-
ficking of small arms and light weapons (SALW) and
their ammunition, adopted by the European Council on
15 and 16 December 2005, provides that the EU should,
at
the
international
strengthening of export controls and the promotion of
the criteria of the Code of Conduct on Arms Exports by,
inter alia, helping third countries to draft national legis-
lation on this and promoting measures to improve trans-
parency.

support

level,

and

the

import,

standards

and December 2007 the Council

On 6 December 2006 the United Nations General
Assembly, with the support of all Member States of the
European Union, adopted Resolution 61/89, entitled
‘Towards an arms trade treaty: establishing common
international
export and
for
transfer of conventional arms’. In December 2006 and
June
adopted
conclusions underlining that it is important for the EU
and Member States to play an active role and cooperate
with other States and regional organisations
in the
process within the United Nations to establish common
export and
international
transfer of conventional arms, which would be a major
contribution to tackling the undesirable and irresponsible
proliferation of conventional arms which undermines
peace, security, development and full respect for human
rights.

standards

import,

the

for

(8)

The action plans agreed between the EU and partner
the European Neighbourhood Policy
countries under
contain either a direct reference to the EU Code of
Conduct on Arms Exports or to the development of
effective systems of national export controls,

HAS ADOPTED THIS JOINT ACTION:

Article 1

1.

For the purposes of the practical implementation of:

— the European Security Strategy,

(5)

The International Instrument to enable States to Identify
and Trace, in a Timely and Reliable Manner, Illicit Small
Arms and Light Weapons, adopted by the United Nations
General Assembly on 8 December 2005 aims to enhance

— the EU Strategy to combat illicit accumulation and traf-

ficking of SALW and their ammunition,

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— operative provision 11 of the European Code of Conduct on

Arms Exports,

tation of this Joint Action. The Commission shall be fully asso-
ciated.

— the EU Programme for Preventing and Combating Illicit

Trafficking in Conventional Arms,

The technical implementation of the projects referred to in

2.
Article 1(2) shall be entrusted to:

— the International Instrument to enable States to Identify and
Trace, in a Timely and Reliable Manner, Illicit Small Arms
and Light Weapons,

— the action plans in the framework of the European Neigh-

bourhood Policy, and

— the Council Conclusions on a International Arms Trade

Treaty,

— the Slovenian Centre for European Perspective, acting on
behalf of the Ministry of Foreign Affairs of the Republic
of Slovenia, with regard to the projects concerning the
Western Balkans countries and Turkey,

— the Ministry of Foreign and European Affairs of the Republic
of France, with regard to the project concerning North
African and Mediterranean countries,

the European Union shall support activities in order to further
the following objectives:

— the Ministry of Foreign Affairs of the Czech Republic, with
regard to the projects concerning the Western Balkans
countries and Ukraine,

(a)

to promote the criteria and principles of the EU Code of
Conduct on Arms Exports among third countries;

(b) to assist third countries in drafting and implementing legis-

lation to ensure effective control of arms exports;

— the Swedish Inspectorate of Strategic Products, acting on
behalf of the Ministry of Foreign Affairs of the Kingdom
of Sweden, with regard to the project concerning Armenia,
Azerbaijan, Belarus, Georgia and Moldova.

(c)

to assist countries in the training of licensing officers to
ensure adequate implementation and enforcement of arms
export controls;

3.
The Presidency, the SG/HR and the Commission shall keep
each other regularly informed of the implementation of this
Joint Action, in conformity with their respective competences.

(d) to assist countries in the elaboration of national reports on
arms exports and the promotion of other forms of scrutiny
in order to promote transparency and accountability of
arms exports;

Article 3

1.
The financial reference amount for the implementation of
the projects referred to in Article 1(2) shall be EUR 500 500, to
be funded from the general budget of the European Union.

(e)

to encourage third countries to support the United Nations
process aiming at the adoption of a legally binding interna-
tional treaty establishing common standards for the global
trade in conventional arms, and to assist in ensuring that
they are in a position to comply with such possible
common standards.

A description of the projects furthering the objectives, as

2.
referred to in paragraph 1, is set out in the Annex.

Article 2

The Presidency, assisted by the Secretary-General of the
1.
Council/High Representative for
the Common Foreign and
Security Policy (SG/HR), shall be responsible for the implemen-

2.
The expenditure financed by the amount stipulated in
paragraph 1 shall be managed in accordance with the
European Community procedures and rules applicable to the
general budget of the European Union. Expenditure shall be
eligible,
including indirect costs, as from the date of entry
into force of this Joint Action.

3.
The Commission shall supervise the proper implemen-
tation of the EU contribution referred to in paragraph 1. For
this purpose, it shall conclude Financing Agreements with the
implementing entities mentioned in Article 2 on conditions for
the use of the EU contribution. The financing agreements shall
stipulate that the implementing entities are to ensure visibility
of the EU contribution, appropriate to its size.

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Article 4

Article 6

The Presidency, assisted by the SG/HR, shall report
to the
Council on the implementation of this Joint Action. Reports
shall
form the basis for the evaluation carried out by the
Council. The Commission shall be fully associated and shall
provide information on the financial
implementation of the
projects as referred to in Article 3(3).

Article 5

This Joint Action shall enter into force on the day of
adoption.

its

It shall expire on 17 March 2010.

This Joint Action shall be published in the Official Journal of the
European Union.

Done at Brussels, 17 March 2008.

For the Council
The President

I. JARC

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ANNEX

Support for EU activities in order to promote the control of arms exports and the principles and criteria of the
EU Code of Conduct on Arms exports among third countries

I. Objectives

The overall objectives of this Joint Action are:

(a) to promote the criteria and principles of the EU Code of Conduct on Arms Exports among third countries;

(b) to assist third countries in drafting and implementing legislation to ensure effective control of arms exports;

(c) to assist countries in the training of licensing officers to ensure adequate implementation and enforcement of arms

export controls;

(d) to assist countries in the elaboration of national reports on arms exports and the promotion of other forms of

scrutiny in order to promote transparency and accountability of arms exports;

(e) to encourage third countries to support the United Nations process aiming at the adoption of a legally binding
international treaty establishing common standards for the global trade in conventional arms, and to assist in
ensuring that they are in a position to comply with such possible common standards.

II. Projects

Purpose:

To provide technical assistance to interested third countries which have demonstrated a willingness to improve their
standards and practices in the field of the control of exports of military equipment, and to align their standards and
practices on those agreed and applied by European Union Member States, and laid down in the EU Code of Conduct
of Arms Exports, and the accompanying User's Guide.

Descriptions and cost estimates:

(i) Workshops with groups of countries

The project will take the form of 4 two-day workshops to which government and licensing officials from the
selected group of countries will be invited. The workshops will preferably take place in one of the target countries
and training in relevant areas will be imparted by experts from EU Member States' national administrations, and
the EU Council Secretariat and/or the private sector (including NGOs).

(ii) Workshops with individual countries

The project will take the form of 2 two-day workshops with individual target countries to which government and
licensing officials from the target country will be invited. The workshops will preferably take place in the target
countries and training in relevant areas will be imparted by experts from EU Member States' national adminis-
trations, the EU Council Secretariat and/or the private sector (including NGOs).

III. Duration

The total estimated duration of the implementation of the projects will be 24 months.

IV. Beneficiaries

Groups of beneficiary countries:

(i) The Western Balkan countries (2 two-day workshops, one in first semester of 2008 and one in first semester of

2009):

— Albania, Bosnia and Herzegovina, Croatia, former Yugoslav Republic of Macedonia, Montenegro, Serbia

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(ii) The North African Mediterranean partners of the European Neighbourhood Policy (1 two-day workshop in

second semester of 2008):

— Algeria, Egypt, Libya, Morocco and Tunisia

(iii) The Eastern European and Caucasian partners of the European Neighbourhood Policy (1 two-day workshop in

second semester of 2009):

— Armenia, Azerbaijan, Belarus, Georgia and Moldova

Individual beneficiary countries as follows (1 two-day workshop in the first semester of 2008 and one in first
semester of 2009):

— Turkey, Ukraine

(Should any of the above countries not wish to take part in the workshop, additional countries will be selected (1)
from the following additional partners of the European Neighbourhood Policy: Israel, Jordan, Lebanon, the Palestinian
Authority, Syria.)

V. Financial arrangements

The projects will be financed in their entirety by this Joint Action.

Estimated required total
EUR 500 500.

financial means:

the total costs of

the project as described in this Joint Action is

(1) To be agreed upon by the competent decision-making instances of the Council on a proposal from the Presidency, assisted by the

SG/HR. The Commission shall be fully associated.