Dick Roche (Wicklow, Fianna Fail)

The EU Code of Conduct on Arms Exports, which dates back to 1998, is a politically binding document which governs the handling by member states of export licence applications for military goods and technology. The code contains eight criteria against which each application must be assessed before a licence can be issued. The EU has established best practice for the interpretation of each of the criteria under the code and member states consult regularly on the application of the code.

In Ireland, the licensing authority is the Department of Enterprise, Trade and Employment, which acts in consultation with the Department of Foreign Affairs and the Department of Justice, Equality and Law Reform.

Under criterion 2 of the code, member states evaluate the current and past record of the country concerned regarding its respect for and observance of all human rights and fundamental freedoms. They are required to exercise special caution and vigilance, on a case-by-case basis and taking account of the nature of the equipment, where a licence is requested to export arms to countries where serious violations of human rights have been established by the competent bodies of the UN, the Council of Europe or the European Union. An export licence must not be issued if there is a clear risk that the proposed export might be used for internal repression. Among the other criteria are internal stability, regional stability and the risk of diversion. It should be borne in mind that the nature of the equipment concerned is relevant in determining whether its export would be in breach of one or more of the criteria.

As implementation of the code of conduct depends on the exercise of judgment by member states regarding the application and interpretation of the criteria in each specific case, there can be differences of view. However, while we would take seriously any allegation of breaches of the code, we are not aware of any major difference of approach among member states in its application.

Separately from the code of conduct, there are specific EU arms embargoes in regard to Burma, China, Sudan, Uzbekistan and Zimbabwe. Following a review of the code of conduct, there is general support within the Council for certain changes to it, most importantly its conversion into a legally binding common position. Ireland strongly supports this approach. However, it has not yet been possible to reach final agreement.

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