Common position 2008/944 - Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment

Please note

This page contains a limited version of this dossier in the EU Monitor.

1.

Current status

This joint position (JHA/CFSP) has been published on December 13, 2008 and entered into force on December  8, 2008.

2.

Key information

official title

Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment
 
Legal instrument Joint position (JHA/CFSP)
Number legal act Common position 2008/944
CELEX number i 32008E0944

3.

Key dates

Document 08-12-2008
Publication in Official Journal 13-12-2008; OJ L 335, 13.12.2008,Special edition in Croatian: Chapter 18 Volume 012
Effect 08-12-2008; Entry into force Date pub. See Art 14
Deadline 15-09-2024; See Art 15 And 32019D1560
End of validity 31-12-9999

4.

Legislative text

13.12.2008   

EN

Official Journal of the European Union

L 335/99

 

COUNCIL COMMON POSITION 2008/944/CFSP

of 8 December 2008

defining common rules governing control of exports of military technology and equipment

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty of the European Union, and in particular Article 15 thereof,

Whereas:

 

(1)

Member States intend to build on the Common Criteria agreed at the Luxembourg and Lisbon European Councils in 1991 and 1992, and on the European Union Code of Conduct on Arms Exports adopted by the Council in 1998.

 

(2)

Member States recognise the special responsibility of military technology and equipment exporting States.

 

(3)

Member States are determined to set high common standards which shall be regarded as the minimum for the management of, and restraint in, transfers of military technology and equipment by all Member States, and to strengthen the exchange of relevant information with a view to achieving greater transparency.

 

(4)

Member States are determined to prevent the export of military technology and equipment which might be used for internal repression or international aggression or contribute to regional instability.

 

(5)

Member States intend to reinforce cooperation and to promote convergence in the field of exports of military technology and equipment within the framework of the Common Foreign and Security Policy (CFSP).

 

(6)

Complementary measures have been taken against illicit transfers, in the form of the EU Programme for Preventing and Combating Illicit Trafficking in Conventional Arms.

 

(7)

The Council adopted on 12 July 2002 Joint Action 2002/589/CFSP on the European Union’s contribution to combating the destabilising accumulation and spread of small arms and light weapons (1).

 

(8)

The Council adopted on 23 June 2003 Common Position 2003/468/CFSP (2) on the control of arms brokering.

 

(9)

The European Council adopted in December 2003 a strategy against the proliferation of weapons of mass destruction, and in December 2005 a strategy to combat illicit accumulation and trafficking of SALW and their ammunition, which imply an increased common interest of Member States of the European Union in a coordinated approach to the control of exports of military technology and equipment.

 

(10)

The UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects was adopted in 2001.

 

(11)

The United Nations Register of Conventional Arms was established in 1992.

 

(12)

States have a right to transfer the means of self-defence, consistent with the right of self-defence recognised by the UN Charter.

 

(13)

The wish of Member States to maintain a defence industry as part of their industrial base as well as their defence effort is acknowledged.

 

(14)

The strengthening of a European defence technological and industrial base, which contributes to the implementation of the Common Foreign and Security Policy, in particular the Common European Security and Defence Policy, should be accompanied by cooperation and convergence in the field of military technology and equipment.

 

(15)

Member States intend to strengthen the European Union’s export control policy for military technology and equipment through the adoption of this Common Position, which updates and replaces the European Union Code of Conduct on Arms Exports adopted by the Council on 8 June 1998.

 

(16)

On 13 June 2000, the Council adopted the Common Military List of the European Union, which is regularly reviewed, taking into account, where...


More

This text has been adopted from EUR-Lex.

 

5.

Sources and disclaimer

For further information you may want to consult the following sources that have been used to compile this dossier:

This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.

 

6.

Full version

This page is also available in a full version containing the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand and the related cases of the European Court of Justice.

The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.

7.

EU Monitor

The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.