Simon Coveney (Cork South Central, Fine Gael)
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I, like all my colleagues in the government are extremely concerned with the destruction evident in the Israel-Hamas conflict. Ireland has a robust export control system in place. An authorisation is required to export dual use items to a third country and for transfers of military equipment within the EU, as a well as for export to a third country. Exports of dual use and military goods to all third countries, including Israel, are currently, and will continue to be, automatically subject to control and licensing requirements.

When assessing an application for an export authorisation my Department has regard to a range of factors, including the nature of the item to be exported and its design purpose; the intended end-use and the intended end-user and the political and human rights situation in the ultimate destination.

The Control of Exports Act was signed into law by the President on 26 October 2023 and is expected to commence in Q2 2024 upon completion of a range of implementation workstreams. It repeals and replaces the Control of Exports Act 2008 and provides for control of the export of items that can be used for civil or military purposes and for control of the provision of brokering services of technical assistance in respect of, or control of transit of, those items. The Act will give full effect to Council Regulation (EU) No. 2021/821 of 20 May 2021 (recast), setting up a Union regime for the control of exports.

The Department as the competent authority for regulating export controls is committed to compliance. In enforcing legislation for export controls Authorised Officers take an approach that is risk-based, and outcomes focused. Under the new Act Authorised Officers will continue to focus action on education and encouragement in the first instance, proportionate action will be taken to address non-compliance on a case-by-case basis.

Article 3 of the Treaty on the Functioning of the European Union provides that the Union shall have exclusive competence in the Common Commercial Policy. Article 207 of the Treaty on the Functioning of the European Union provides that trade with third countries falls within the Common Commercial Policy of the EU. Therefore, this is an area where the EU has exclusive competence.