Drawing-up a European code of conduct on arms sales

Doc. 8590

22 November 1999

Drawing-up a European code of conduct on arms sales

Recommendation 1382 (1998)

Reply from the Committee of Ministers

adopted at the 687^th meeting of the Ministers’ Deputies (15 November 1999)

The Committee of Ministers shares the Parliamentary Assembly’s concern over the possible consequences for stability inside and outside Europe of the sale of weapons of mass destruction and also conventional weapons.

The Committee of Ministers notes that on 8 June 1998 the European Union adopted a “Code of conduct on arms exports”. One of the criteria contained in the Code, which the member states of the European Union have agreed to take into consideration when deciding whether or not to authorise the export of arms, is respect for human rights in the country of final destination, particularly in the light of any violations established by the Council of Europe.

The Committee of Ministers welcomes this express reference in the text of the “Code” to the role played by the Council of Europe in ensuring the observance of human rights by member states.

The Committee of Ministers further notes that the “Code of Conduct on Arms Exports” is a political text, which falls within the sphere of national security and defence. The Code confirms the fact that export licensing decisions remain a matter of national decision for each member state. European Union member states are in the process of drawing up a common list of military equipment to which the Code will apply.

The Committee of Ministers recalls that matters relating to national defence are outside the competence of the Council of Europe. Accordingly, the Committee of Ministers does not consider itself competent to make recommendations in such matters to the member states, who have in any case been informed of the content of Recommendation 1382 (1998).

With regard to the communication of information concerning the observance of human rights by the countries of final destination of arms exports, all Council of Europe member states have access to this information, and are able to use this information when deciding whether or not to authorise the export of arms. It is not necessary, therefore, to establish special mechanisms for communication with the European Union.

Finally, with regard to the role of national parliaments in controlling arms exports, the Committee of Ministers considers that it is for each state to make such internal arrangements as it deems most appropriate.