Rozhodnutí Rady (SZBP) 2019/1560 ze dne 16. září 2019, kterým se mění společný postoj 2008/944/SZBP, kterým se stanoví společná pravidla pro kontrolu vývozu vojenských technologií a vojenského materiálu

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,

Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment (OJ L 335, 13.12.2008, p. 99 ).

(1) On 8 December 2008 the Council adopted Common Position 2008/944/CFSPCouncil Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment (OJ L 335, 13.12.2008, p. 99 ). , 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 428/2009Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (OJ L 134, 29.5.2009, p. 1 ). and Regulations (EU) No 258/2012Regulation (EU) No 258/2012 of the European Parliament and of the Council of 14 March 2012 implementing Article 10 of the United Nations' Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol), and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition (OJ L 94, 30.3.2012, p. 1 ). and (EU) 2019/125Regulation (EU) 2019/125 of the European Parliament and of the Council of 16 January 2019 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment (OJ L 30, 31.1.2019, p. 1 ). 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,

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

Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (OJ L 134, 29.5.2009, p. 1 ).

Article 2 Article 2

Article 6 Article 6

Article 7 Article 7

Article 8 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 13 Article 13

Article 15 Article 15

Regulation (EU) No 258/2012 of the European Parliament and of the Council of 14 March 2012 implementing Article 10 of the United Nations' Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol), and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition (OJ L 94, 30.3.2012, p. 1 ).

Regulation (EU) 2019/125 of the European Parliament and of the Council of 16 January 2019 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment (OJ L 30, 31.1.2019, p. 1 ).

Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (OJ L 134, 29.5.2009, p. 1 ).;

Without prejudice to Council Regulation (EC) No 428/2009Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (OJ L 134, 29.5.2009, p. 1 ).; , 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.

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 (OJ L 239, 17.9.2019, p. 16 )..

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.;

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.

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.

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.;

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

This Common Position shall be reviewed five years after the date of adoption of Council Decision (CFSP) 2019/1560Council 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 (OJ L 239, 17.9.2019, p. 16 ).. .

HAS ADOPTED THIS DECISION: