European Code of Conduct on Arms Exports

26 August 2006
by eub2 -- last modified 26 August 2006

On 11 June 1998, the Foreign Ministers of the 15 European Union Member States adopted an EU Code of Conduct on arms exports. The Code is a politically binding agreement under which Member States agree to abide by certain criteria when granting arms export licenses.

What is the EU Code of Conduct on arms exports?

The European Code of Conduct on Arms Exports was adopted by the Council of Ministers in June 1998 under the UK Presidency.

The Code aims to set "high common standards for the management of and restraint in arms exports from the EU", and is a politically binding agreement under which Member States agree to abide by certain criteria when granting arms export licenses.

Significant progress on regulating the arms trade has been made since the EU Member States agreed its principles. The Code has already been effective in denying certain exports and has attracted the support of a number of countries outside the EU.

The code contains eight criteria which the Member States have agreed to take into account when granting arms export licences.

These include:

1. Respect for international commitments;
2. Respect of human rights in the country of final destination;
3. The internal situation of the country of final destination;
4. Preservation of regional peace, security and stability;
5. The national security of the Member States and of territories whose external relations are the responsibility of a Member State, as well as that of friendly and allied countries;
6. The buyer country's behaviour with regard to the international community, in particular its attitude to terrorism, the nature of its alliances and respect for international law;
7. The existence of a risk that the equipment will be diverted within the buyer country or re-exported under undesirable conditions;
8. The compatibility of the arms exports with the technical and economic capacity of the recipient country.

These criteria of the Code of Conduct are complemented by operative provisions which:

• oblige the Member States to inform each other of any licences they have refused, along with an explanation;
• require the Member States to circulate an annual report on their defence exports and on the implementation of the Code.

Code of Conduct for Arms Sales - background
Fifth Annual Report According to Operative Provision 8 of the European Code of Conduct on Arms Exports (2003/C 320/1)
EU Common Foreign and Security Policy (CFSP)