European Union Updates Arms Control Lists

The European Union (EU) has updated the Common Military List and the List of Defence-related Products for 2019.

The European Council adopted the updated Common Military List of the European Union (OJ C 95/1, 12.03.2019) on February 18, 2019. It was published on March 12.

The Common Military List identifies the equipment covered by Council Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment. The common position requires EU Member States to assess export, brokering, transit/transshipment, and intangible transfer licenses for items on the Common Military List on a case-by-case basis using the criteria specified in the position. Criteria include respect for Member States’ international obligations, respect for human rights in destination countries, and risk of diversion.

The List of Defence-related Products was updated in Commission Directive (EU) 2019/514 of 14 March 2019 amending Directive 2009/43/EC of the European Parliament and of the Council as regards the list of defence-related products. It was published on March 29.

The List of Defence-related Products identifies the items covered by Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community. The directive requires a Member State to impose prior authorization requirements on the transfer (transmission or movement) of defense-related products to another Member State, though it may exempt transfers from this requirement in some cases.

The List of Defence-related Products corresponds with the Common Military List.

The 2019 Common Military List is available at https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52019XG0312(01)&rid=3. The 2019 List of Defence-related Products is available at https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32019L0514&from=EN.

Author: Richard Glen Young, Richard.Young@SECURUSTrade.com, March 2019