Assume
you are a European producer of smoke grenades that you want to export
to an Asian country. Can you do that? Yes, you can – but only if
your home country has issued an export license.
Why
do you need an export license?
You
need an export license for two reasons: First, the EU has set out
specific reasons for regulating the export, transit, and brokering of
military technology and equipment. Second, smoke grenades are on the
EU Common Military List and, thus, their export requires a specific
license.
Why
is a specific EU framework necessary?
The
European Council mentions four reasons why he restricts the trade in
military equipment:
-
Exporting military technology and equipment implies a special responsibility.
-
This makes it necessary to fix high common minimum standards for such exports and increase transparency in the field.
-
With regard to military technology and equipment, Europe wants to cooperate and converge.
-
Harmonizing Europe’s external relations requires consistent export activities, especially when it comes to defense material.
The
EU Common Military List
EU
member states need to assess export license applications for all
items on the EU Common Military List.
When
will you get your export license?
Focus
on the importer
When
appreciating whether or not to grant an export license, EU countries
mainly focus on the importer:
-
Are human rights in the country of final destination respected? If there is internal repression or human rights violation, there should be no export license.
-
Is the internal situation in the country of final destination stable enough to allow for the export? If there is a possibility to provoke or prolong armed conflicts or aggravate existing tensions or conflicts in the country of final destination, there should be no export license.
-
Are regional peace, security, and stability preserved? If the importer country is concerned by an armed conflict with its neighbors, there should be no export of defense material.
-
Does the buyer country respect the international community and international law?
-
Is there a risk that the military technology or equipment will be diverted within the buyer country or re-exported under undesirable conditions?
-
Is the importer technically and economically able to handle the bought military equipment?
Focus
on the exporter
Let’s
turn to the exporter now: He cannot export if this would violate
international obligations and commitments of Member States. Examples
include embargoes, the Nuclear Non-Proliferation Treaty, and the
Wassenaar Arrangement.
Is
there anything that the exporter could raise to defend his
willingness to export defense material? Indeed, only his own national
security interests and self-defense as well as his responsibility
towards friendly and allied countries should receive appropriate
consideration.
Resource:
-
EU Council Common Position 2008/944 dated December 8, 2008
-
EU Common Military List dated February 9, 2015
