Address https://gelex.eu/eli/EU/decision/2019/1560@2019-09-16/en

Contents

1. Preamble
2. 1. Article 1
3. Article 1
4. (3)
   1. Article 6
5. 1. Article 1
6. (4)
   1. Article 7
7. 1. Article 1
8. (5)
   1. Article 8
9. 1. Article 1
10. (6)
    1. Article 13
11. 1. Article 1
12. (7)
    1. Article 15
13. 1. Article 2

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1) On 8 December 2008 the Council adopted Common Position 2008/944/CFSP, which updated and replaced the European Union Code of Conduct on Arms Exports adopted by the Council on 8 June 1998.

(2) Since the adoption of Common Position 2008/944/CFSP, a number of developments at both Union and international level have resulted in new obligations and commitments for Member States.

(3) On 24 December 2014 the Arms Trade Treaty (ATT), which regulates the international trade in conventional arms, entered into force. All Member States are States Parties to the ATT. The ATT aims to establish the highest possible common international standards for regulating or improving the regulation of the international trade in conventional arms and to prevent and eradicate the illicit trade in conventional arms and prevent their diversion.

(4) On 20 July 2015 the Council adopted conclusions relating to the review of Common Position 2008/944/CFSP and the implementation of the ATT, tasking the competent working group with reassessing the implementation of that Common Position and the fulfilment of its objectives in 2018.

(5) On 25 September 2015 the United Nations General Assembly (UNGA) adopted the 2030 Agenda for Sustainable Development, which includes, inter alia, the goal of promoting peaceful and inclusive societies for sustainable development.

(6) On 19 November 2018 the Council adopted the EU Strategy against illicit firearms, small arms and light weapons and their ammunition, which replaced the EU Strategy to combat illicit accumulation and trafficking of small arms and light weapons and their ammunition adopted by the European Council in 2005. Its purpose is to guide integrated, collective and coordinated European action to prevent and curb the illicit acquisition of small arms and light weapons (SALW) and their ammunition by terrorists, criminals and other unauthorised actors, and to promote accountability and responsibility with regard to the legal arms trade.

(7) In accordance with the second subparagraph of Article 21(3) of the Treaty on European Union, the Union is required to ensure consistency between the different areas of its external action. In this respect, the Council takes note of, inter alia, Council Regulation (EC) No 428/2009 and Regulations (EU) No 258/2012 and (EU) 2019/125 of the European Parliament and of the Council.

(8) It is appropriate to strengthen the Union's export control policy for military technology and equipment by updating Common Position 2008/944/CFSP.

(9) Common Position 2008/944/CFSP should therefore be amended,

HAS ADOPTED THIS DECISION:

Article 1

Common Position 2008/944/CFSP is amended as follows: Para. 001. Each Member State shall assess the export licence applications made to it, including those relating to government-to-government transfers, for items on the EU Common Military List mentioned in Article 12 on a case-by-case basis against the criteria of Article 2.; (a) paragraph 1 is replaced by the following: Para. 001a. Where new relevant information becomes available, each Member State is encouraged to reassess export licences for items on the EU Common Military List after they have been granted.; (b) the following paragraph is inserted: (1) Article 1 is amended as follows: Para. 001. Criterion One: Respect for the international obligations and commitments of Member States, in particular the sanctions adopted by the UN Security Council or the European Union, agreements on non-proliferation and other subjects, as well as other international obligations and commitments.; (a) the first subparagraph is replaced by the following: (ba) the international obligations of Member States under the Convention on Certain Conventional Weapons and the relevant Protocols annexed thereto; (bb) the international obligations of Member States under the Arms Trade Treaty;; (i) the following points are inserted: (iic) point (c) is replaced by the following: the international obligations of Member States under the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction (Ottawa Convention);; (iiica) the following point is inserted: the commitments of Member States under the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects;; (b) the second subparagraph is amended as follows: (2) in Article 2, paragraph 1 is amended as follows: Art. 006. Without prejudice to Council Regulation (EC) No 428/2009, the criteria in Article 2 of this Common Position and the consultation procedure provided for in Article 4 are also to apply to Member States in respect of dual-use goods and technology as specified in Annex I to Regulation (EC) No 428/2009 where there are serious grounds for believing that the end-user of such goods and technology will be the armed forces or internal security forces or similar entities in the recipient country. References in this Common Position to military technology or equipment shall be understood to include such goods and technology. (3) Article 6 is replaced by the following: Art. 007. In order to maximise the effectiveness of this Common Position, Member States shall work within the framework of the CFSP to reinforce their cooperation and to promote their convergence in the field of exports of military technology and equipment, inter alia, by exchanging relevant information, including information on denial notifications and arms export policies, as well as by identifying possible measures to further increase convergence.; (4) Article 7 is replaced by the following: Para. 001. By 30 June of each year, each Member State shall submit to the European External Action Service information for the preceding calendar year on its exports of military technology and equipment and on its implementation of this Common Position. Para. 002. An EU Annual Report, based on contributions from all Member States, shall be submitted to the Council for adoption and made available to the public in the format of a narrative report and a searchable online database on the website of the European External Action Service. Para. 003. In addition, each Member State which exports technology or equipment on the EU Common Military List shall publish a national report on its exports of military technology and equipment, the contents of which will be in accordance with national legislation, as applicable.; (5) Article 8 is replaced by the following: Art. 013. The User's Guide to this Common Position, which is regularly reviewed, shall serve as guidance for the implementation of this Common Position.; (6) Article 13 is replaced by the following: Art. 015. This Common Position shall be reviewed five years after the date of adoption of Council Decision (CFSP) 2019/1560. (7) Article 15 is replaced by the following:

(1) Article 1 is amended as follows: Para. 001. Each Member State shall assess the export licence applications made to it, including those relating to government-to-government transfers, for items on the EU Common Military List mentioned in Article 12 on a case-by-case basis against the criteria of Article 2.; (a) paragraph 1 is replaced by the following: Para. 001a. Where new relevant information becomes available, each Member State is encouraged to reassess export licences for items on the EU Common Military List after they have been granted.; (b) the following paragraph is inserted:

(a) paragraph 1 is replaced by the following: Para. 001. Each Member State shall assess the export licence applications made to it, including those relating to government-to-government transfers, for items on the EU Common Military List mentioned in Article 12 on a case-by-case basis against the criteria of Article 2.;

1. Each Member State shall assess the export licence applications made to it, including those relating to government-to-government transfers, for items on the EU Common Military List mentioned in Article 12 on a case-by-case basis against the criteria of Article 2.;

(b) the following paragraph is inserted: Para. 001a. Where new relevant information becomes available, each Member State is encouraged to reassess export licences for items on the EU Common Military List after they have been granted.;

1a. Where new relevant information becomes available, each Member State is encouraged to reassess export licences for items on the EU Common Military List after they have been granted.;

(2) in Article 2, paragraph 1 is amended as follows: Para. 001. Criterion One: Respect for the international obligations and commitments of Member States, in particular the sanctions adopted by the UN Security Council or the European Union, agreements on non-proliferation and other subjects, as well as other international obligations and commitments.; (a) the first subparagraph is replaced by the following: (ba) the international obligations of Member States under the Convention on Certain Conventional Weapons and the relevant Protocols annexed thereto; (bb) the international obligations of Member States under the Arms Trade Treaty;; (i) the following points are inserted: (iic) point (c) is replaced by the following: the international obligations of Member States under the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction (Ottawa Convention);; (iiica) the following point is inserted: the commitments of Member States under the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects;; (b) the second subparagraph is amended as follows:

(a) the first subparagraph is replaced by the following: Para. 001. Criterion One: Respect for the international obligations and commitments of Member States, in particular the sanctions adopted by the UN Security Council or the European Union, agreements on non-proliferation and other subjects, as well as other international obligations and commitments.;

1. Criterion One: Respect for the international obligations and commitments of Member States, in particular the sanctions adopted by the UN Security Council or the European Union, agreements on non-proliferation and other subjects, as well as other international obligations and commitments.;

(b) the second subparagraph is amended as follows: (ba) the international obligations of Member States under the Convention on Certain Conventional Weapons and the relevant Protocols annexed thereto; (bb) the international obligations of Member States under the Arms Trade Treaty;; (i) the following points are inserted: (iic) point (c) is replaced by the following: the international obligations of Member States under the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction (Ottawa Convention);; (iiica) the following point is inserted: the commitments of Member States under the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects;;

(i) the following points are inserted: (ba) the international obligations of Member States under the Convention on Certain Conventional Weapons and the relevant Protocols annexed thereto; (bb) the international obligations of Member States under the Arms Trade Treaty;;

(ba) the international obligations of Member States under the Convention on Certain Conventional Weapons and the relevant Protocols annexed thereto;

(bb) the international obligations of Member States under the Arms Trade Treaty;;

(ii)(c) point (c) is replaced by the following: the international obligations of Member States under the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction (Ottawa Convention);;

(iii)(ca) the following point is inserted: the commitments of Member States under the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects;;

(3) Article 6 is replaced by the following: Art. 006. Without prejudice to Council Regulation (EC) No 428/2009, the criteria in Article 2 of this Common Position and the consultation procedure provided for in Article 4 are also to apply to Member States in respect of dual-use goods and technology as specified in Annex I to Regulation (EC) No 428/2009 where there are serious grounds for believing that the end-user of such goods and technology will be the armed forces or internal security forces or similar entities in the recipient country. References in this Common Position to military technology or equipment shall be understood to include such goods and technology.

Article 1

(3)

Article 6

Without prejudice to Council Regulation (EC) No 428/2009, the criteria in Article 2 of this Common Position and the consultation procedure provided for in Article 4 are also to apply to Member States in respect of dual-use goods and technology as specified in Annex I to Regulation (EC) No 428/2009 where there are serious grounds for believing that the end-user of such goods and technology will be the armed forces or internal security forces or similar entities in the recipient country. References in this Common Position to military technology or equipment shall be understood to include such goods and technology.

Article 1

(4) Article 7 is replaced by the following: Art. 007. In order to maximise the effectiveness of this Common Position, Member States shall work within the framework of the CFSP to reinforce their cooperation and to promote their convergence in the field of exports of military technology and equipment, inter alia, by exchanging relevant information, including information on denial notifications and arms export policies, as well as by identifying possible measures to further increase convergence.;

Article 1

(4)

Article 7

In order to maximise the effectiveness of this Common Position, Member States shall work within the framework of the CFSP to reinforce their cooperation and to promote their convergence in the field of exports of military technology and equipment, inter alia, by exchanging relevant information, including information on denial notifications and arms export policies, as well as by identifying possible measures to further increase convergence.;

Article 1

(5) Article 8 is replaced by the following: Para. 001. By 30 June of each year, each Member State shall submit to the European External Action Service information for the preceding calendar year on its exports of military technology and equipment and on its implementation of this Common Position. Para. 002. An EU Annual Report, based on contributions from all Member States, shall be submitted to the Council for adoption and made available to the public in the format of a narrative report and a searchable online database on the website of the European External Action Service. Para. 003. In addition, each Member State which exports technology or equipment on the EU Common Military List shall publish a national report on its exports of military technology and equipment, the contents of which will be in accordance with national legislation, as applicable.;

Article 1

(5)

Article 8

1. By 30 June of each year, each Member State shall submit to the European External Action Service information for the preceding calendar year on its exports of military technology and equipment and on its implementation of this Common Position.

2. An EU Annual Report, based on contributions from all Member States, shall be submitted to the Council for adoption and made available to the public in the format of a narrative report and a searchable online database on the website of the European External Action Service.

3. In addition, each Member State which exports technology or equipment on the EU Common Military List shall publish a national report on its exports of military technology and equipment, the contents of which will be in accordance with national legislation, as applicable.;

Article 1

(6) Article 13 is replaced by the following: Art. 013. The User's Guide to this Common Position, which is regularly reviewed, shall serve as guidance for the implementation of this Common Position.;

Article 1

(6)

Article 13

The User's Guide to this Common Position, which is regularly reviewed, shall serve as guidance for the implementation of this Common Position.;

Article 1

(7) Article 15 is replaced by the following: Art. 015. This Common Position shall be reviewed five years after the date of adoption of Council Decision (CFSP) 2019/1560.

Article 1

(7)

Article 15

This Common Position shall be reviewed five years after the date of adoption of Council Decision (CFSP) 2019/1560.

Article 2

This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

Done at Brussels, 16 September 2019. For the Council The President T. Tuppurainen

Versions

1. 2019-09-16

Cited by

• Council Decision (CFSP) 2023/387 of 20 February 2023 in support of a global reporting mechanism on illicit conventional arms and their ammunition to reduce the risk of their diversion and illicit transfer (iTrace V) Decision · Grade B

  With a view to the implementation of the EU Global Strategy, Council Common Position 2008/944/CFSP, as amended by Council Decision (CFSP) 2019/1560, the 2018 EU SALW Strategy, and the advancement of peace and security, the project activities to be supported by the Union shall have the following specific objectives:

• Council Decision (CFSP) 2019/1560 of 16 September 2019 amending Common Position 2008/944/CFSP defining common rules governing control of exports of military technology and equipment Decision · Grade B

  This Common Position shall be reviewed five years after the date of adoption of Council Decision (CFSP) 2019/1560.

• Council Decision (CFSP) 2023/2539 of 13 November 2023 supporting a project on the promotion of effective arms export controls Decision · Grade B

  The Code of Conduct on Arms Exports was replaced on 8 December 2008 by Council Common Position 2008/944/CFSP, which establishes eight criteria against which applications for the export of conventional arms are to be assessed. A number of third countries have aligned themselves with that Common Position. A 2019 review of Common Position 2008/944/CFSP resulted in the adoption of Council Decision (CFSP) 2019/1560.

• Council Decision (CFSP) 2020/1464 of 12 October 2020 on the promotion of effective arms export controls Decision · Grade B

  The Code of Conduct on arms exports was replaced on 8 December 2008 by Council Common Position 2008/944/CFSP, which establishes eight criteria against which applications for the export of conventional arms are to be assessed. It also includes a notification and consultation mechanism for arms exports denials, and transparency measures such as the publication of an EU annual report on arms exports. A number of third countries have aligned themselves with Common Position 2008/944/CFSP. A 2019 review of that Common Position resulted in the adoption of Council Decision (CFSP) 2019/1560.

• Council Decision (CFSP) 2019/2191 of 19 December 2019 in support of a global reporting mechanism on illicit conventional arms and their ammunition to reduce the risk of their diversion and illicit transfer (iTrace IV) Decision · Grade B

  Council Common Position 2008/944/CFSP, as amended by Council Decision (CFSP) 2019/1560, reflects the determination of Member States to address, inter alia, the risk of military technology or equipment being re-exported to undesirable destinations or being diverted to terrorist organisations or to individual terrorists.

• P9_TA(2020)0224 Arms export: implementation of Common Position 2008/944/CFSP European Parliament resolution of 17 September 2020 on Arms export: implementation of Common Position 2008/944/CFSP (2020/2003(INI)) 2021/C 385/06 Notice · Grade B

  having regard to Council Decision (CFSP) 2019/1560 of 16 September 2019 amending Common Position 2008/944/CFSP (the Common Position) defining common rules governing control of exports of military technology and equipment, and to the Council conclusions of 16 September 2019 setting out the Council’s review of the Common Position,

• P9_TA(2020)0224 Arms export: implementation of Common Position 2008/944/CFSP European Parliament resolution of 17 September 2020 on Arms export: implementation of Common Position 2008/944/CFSP (2020/2003(INI)) 2021/C 385/06 Notice · Grade B

  Underlines that maintaining a defence industry serves as part of the self-defence of the Union and is a component of its strategic autonomy; notes that this is only possible if Member States give priority to European products in their equipment programmes; stresses that a viable European market would reduce dependency on arms exports to third countries; Notes that the common position provides for a transparency procedure involving the publication of annual EU reports on arms exports; welcomes the publication of the 20th and 21st reports, in line with Article 8(2) of Council Common Position 200

• P9_TA(2023)0010 Implementation of the common security and defence policy — annual report 2022 European Parliament resolution of 18 January 2023 on the implementation of the common security and defence policy — annual report 2022 (2022/2050(INI)) 2023/C 214/05 Notice · Grade B

  Highlights the dramatic deterioration in European security caused by Russia’s unjustified, unprovoked and illegal military aggression against Ukraine; stresses that this situation demands that the EU step up its strategic autonomy and joint efforts to achieve the necessary defence capacities and show greater willingness to continue to act in a united way in order to deliver the security expected by EU citizens; Underlines the unprecedented and united EU response to Russia’s war against Ukraine, including the provision of military equipment through the EPF; remains committed to supporting Ukrai

• P9_TA(2022)0040 Implementation of the common security and defence policy — annual report 2021 European Parliament resolution of 17 February 2022 on the implementation of the Common Security and Defence Policy — annual report 2021 (2021/2183(INI)) 2022/C 342/14 Notice · Grade B

  Calls, therefore, for the EU to take the lead in global efforts to set up a comprehensive regulatory framework for the development and use of AI-enabled weapons; calls on the VP/HR, the Member States and the European Council to adopt a joint position on autonomous weapons systems that ensures meaningful human control over the critical functions of weapons systems; insists on the need to start international negotiations on a legally binding instrument that would prohibit fully autonomous weapons; supports work on lethal autonomous weapons systems within the Convention on Certain Conventional We

• P10_TA(2025)0058 Implementation of the common security and defence policy – annual report 2024 European Parliament resolution of 2 April 2025 on the implementation of the common security and defence policy – annual report 2024 (2024/2082(INI)) C/2025/4389 Notice · Grade B

  Calls on the Member States to fully comply with Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment as amended by Council Decision (CFSP) 2019/1560, and to strictly implement criterion 4 on regional stability;

• Twenty-Second Annual Report according to Article 8(2) of Council Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment 2020/C 431/01 Notice · Grade B

  The Council recalls its commitment to strengthening the control on the export of military technology and equipment through the adoption of the Council Decision (CFSP) 2019/1560 of 16 September 2019, which amends Common Position 2008/944/CFSP, and its commitment to reinforce cooperation and promote convergence in the field of export of military technology and equipment, within the framework of the Common Foreign and Security Policy (CFSP) through the setting, upholding and implementation of high common standards for the management of transfers of military technology and equipment by all Member

• Twenty-Second Annual Report according to Article 8(2) of Council Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment 2020/C 431/01 Notice · Grade B

  The Council welcomes Member States’ renewed commitment to the legally binding Common Position as amended by Council Decision (CFSP) 2019/1560 and stresses the importance of thoroughly assessing export licence applications for military technology and equipment against the criteria stipulated therein.

• Twenty-Second Annual Report according to Article 8(2) of Council Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment 2020/C 431/01 Notice · Grade B

  The Council tasks the Working Party on Conventional Arms Export Controls (COARM) to reassess the implementation of Common Position 2008/944/CFSP as amended by Council Decision (CFSP) 2019/1560 in five years' time.

• P9_TA(2024)0105 Implementation of the common security and defence policy – annual report 2023 European Parliament resolution of 28 February 2024 Implementation of the common security and defence policy – annual report 2023 (2023/2119(INI)) C/2024/6740 Notice · Grade B

  Expresses its concern about the rapidly deteriorating global security situation and believes that in these times of high uncertainty European and transatlantic unity, as well as close collaboration with like-minded partners across the globe, is more necessary than ever in order to address the challenges created by multiple global crises, act proactively and react decisively to threats to the international rules-based order and facilitate the effective implementation of the CSDP; Stands united with Ukraine and resolutely condemns Russia’s illegal, unprovoked and unjustified war of aggression; d