92002E2511

WRITTEN QUESTION E-2511/02

by Mihail Papayannakis (GUE/NGL) to the Commission

(9 September 2002)

Subject: EU code of conduct on the export of arms and weapon systems to third countries

Reports in the international press claim that serious breaches of the code of conduct on arms exports to third countries have been committed by Member States of the EU.

Although the Member States adopted strict common criteria on arms exports as early as May 1998 and despite the existence of binding agreements, some Member States are manufacturing and exporting weapon systems to third countries which do not fulfil the criteria set out in the code of conduct:

- the UK which is reported to have sold weapon systems to undemocratic regimes and countries which are embroiled in civil strife (India, Indonesia, Nigeria, Morocco, Tanzania), and

- Belgium, which recently exported 5 500 weapons made by the Belgian arms manufacturer Fabrique National to Nepal, where civil war has been raging for many years.

In view of the foregoing, will the Commission say whether it considers that the code of conduct on arms exports has been breached in the UK's case specifically criterion 2 of paragraphs (a) and (b), and in Belgium's case criterion 3? What measures will the Commission take to ensure that the code of conduct is not circumvented and that, henceforth, there is stricter compliance with its provisions?

Answer given by Mr Patten on behalf of the Commission

(16 October 2002)

The Union Code of Conduct on Arms Exports referred to by the Honourable Member was adopted by the Member States in 1998 within the framework of the Common Foreign and Security Policy. It is a politically binding document aimed at creating high common standards for arms exports by establishing eight criteria and increasing transparency. The operative provisions of the Code provide for the notification of denials and for confidential consultations among the Member States concerned, but the final decision remains at the discretion of the Member State to which an application for a transaction involving arms and weapon systems has been addressed.

Discussions in the Working Group of the Council dealing with conventional arms transfers (COARM), in which the Commission participates, contribute to develop a common understanding and possibly over time a common doctrine for the implementation of the Code by the Member States. Annual reports are published both at national and Union level and they contribute to enhance transparency in this field. Proposals in COARM to develop the Code to a legally binding instrument have not met with approval by all Member States. A number of third countries have pledged to subscribe to the principles of the Code. The Union also promotes the application of these principles by the associated countries.