Prepared for adoption and distribution by the President of the network to the EU Authorities and by each ED Chapter to their respective authorities.
Endorsed by the Council of Presidents on 22 May in Ostende
The 13th-14th November 2023 Council of the Presidents of EuroDefense has approved the launch of the EURODEFENSE working group 35 (EWG 35) on arms exports. The main subject of this exercise is arms exports to third countries.
It appears to be particularly topical in view of:
– The dynamic created by the Trilateral Agreement (FR/GE/SP) regarding defence industry export controls signed in Paris on 17th September 2021 and enforceable from 9 June 2022, with since 3 countries already having expressed their interest to join: the UK, the Netherlands and Italy.
– The revision of the Common Position on Arms Exports (due every 5 years) by the Council of the EU planned in mid-2024.
– The EU Commission proposal of a White Book on the Dual Use R&T goods released the 24 January 2024.
– The Joint Communication of the European Commission and of the High Representative of the Union for Foreign Affairs and Security Policy on a new European Defence Industrial Strategy and a proposal for a Regulation on a European Defence Industry Programme released the 5 March 2024, with a direct impact of our topic for programs co-funded by various EU instruments.
The EWG 35 basic common view is that the arms export regulation, as national sovereign prerogative, represents a critical part of the foreign policy when export potential is at the same time critical to the international competitivity of the respective national Defence Technological and Industrial Base (DTIB). For the reinforcement of the European operational and technological capacities, the intra-European cooperation is a must, to provide the needed critical mass, as long as it is not fragilizing its export potential. The dilemma is therefore to make compatible the national sovereignty feature of the arms export regulation and the interdependence willingly created by the intergovernmental and industrial cooperation within Europe.
The EWG converge on the conclusion that the proper balance in this respect has been reached by the Trilateral Agreement (FR/GE/SP) of 17th September 2021, which states as a principle the respect by one partner of the export clearance of the other(s), for governmental or industrial cooperative programs when this partner’s industrial content remains below a threshold of 20 % (de minimis rule), but keeping the ultimate right to oppose by exception the export concerned, in case of direct interest or national security consideration. In that case, the signatories will hold consultations to unblock the situation or find alternative solutions.
The EWG 35 agreed on the following common conclusions and recommendations towards our authorities:
->Solid control of arms export is a major government responsibility of our respective Member States, but, if cleared, strong coordinated political support as well is desirable in a very competitive environment.
->To achieve a critical mass for our defence industries arms exports to third countries are of critical importance, just as the progressive establishment of a Common Security and Defence Policy within the EU, the European aspiration to strategic autonomy and the development of cooperative programs.
->Full support of the principles of the current trilateral agreement, its geographical extension and its ability to serve as a common reference for the programs co-funded by the EU instruments and for the updating of the Common Position. Conversely to not recourse to the Trilateral Agreement as the legal framework or as the proper pattern would trigger the creation of a different EU reference which would de facto fragilize the Trilateral Agreement.
