EU Conduct Presentation

8/9/2019 EU Conduct Presentation

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By: David Raja Marpaung S.IP M.Def

EU Code of Conduct

Criterion 1 & 2

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David Raja Marpaung. Associate Lecture University of Indonesia, also Indonesia Politicand Defense Consultant. Email: [email protected]
mailto:[email protected]:[email protected]


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What does it mean toEXPORT?

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ac groun The 1980s were dark days for European arms transfer controls. With no

regional coordination, EU members practiced individual, and largelysecretive, ways of managing their arms exports. When it came to lightthat some member-states had been complicit in arming both sides duringthe Iran-Iraq war there was a public outcry: EU's house needed putting inorder.

In June 1998, the EU adopted the world's first regional conventional armstransfer control agreement. The EU Code of Conduct on Arms Exports. This

politically binding agreement aimed to set 'high common standards' for EUmember-states exporting arms and set out eight criteria that must beconsidered before an arms transfer is approved.

The EU is currently responsible for 30-40% of the trade in conventionalweapons to the developing world. Moreover, many EU companies andindividuals, either directly or through brokering and licensed production

agreements, have supplied arms to many of the worlds most unstablecountries

Under the proposed code, members are expected to refuse an exportrequest for military equipment or dual-use goods (when the end user issuspected to be the armed forces or internal security forces) , if therequest is "inconsistent" with international obligations such as armsembargos and treaty commitments and if there is a risk that the

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Criterion One.An export licence should be refused if approval would beinconsistent with, inter alia

a.The international obligations of Member States and theircommitment to enforce UN, OSCE, and EU embargoes

b.The international obligations of Member States under theNuclear Non-Proliferation Treaty, the Biological and ToxinWeapons Conventions and the Chemical WeaponsConventions

c.The commitment of Member States in the framework ofthe Australia Group, the Missile Technology ControlRegime, the Nuclear Supplier Group and the WassenaarArrangement

d.The commitment of Member States not to export anyform of anti-personnel landmine

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Reason

o EU want to give more contribution increating world peace.

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Play an active role and haveinfluence in international decisionmaking

o Promote human security

o Control the weapon development

o Engagement to the other countries in

the different regions 5


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o Grab international consumer to buy

non-nuclear, biological, and toxicweapons.

o In the objective long term, EU can

get more profit.o Avoid environment hazard

o Control the weapon development

o Minimize civilian victim in the armedconflict

o Endorse public transparency in the

field of Member States' arms exports 6


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Implication for Indonesia

Indonesia Ratified UU Nomor 9Tahun 2008 About Ban of ChemicalMaterial as Chemical Weapon

Indonesia continue to developnuclear for peace ; medical,electricity resource, research.

Using seamine system in the defensesector

Perceive secure condition in regionaland global stage 7


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Criterion Two

Having assessed the recipient countrysattitude towards relevant principlesestablished by international human rightsinstruments, Member States will:

a.Not issue an export licence if there is a clearrisk that the proposed export might be usedfor internal repression

b.Exercise special caution and vigilance inissuing licences, on case by case basis andtaking account of the nature of theequipment, to countries where seriousviolations of human rights have beenestablished by the competent bodies of the

UN, the Council of Europe or by EU..8


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Controlled equipment forhumanitarian purposes

There is a "clear risk" that theweapons will be used for internalrepression

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Implications for Indonesia

In September and October 1999 the European Union adopted twomeasures related to Indonesia that are implemented usingexport controls, related with Human Right Abuses in Timor Leste

On 16 September the Council of the European Union (the foreignministers) adopted a Common Position that included an arms

embargo and the suspension of bilateral military cooperationbetween EU member states and Indonesia. The Common Positionalso included a commitment to ban the supply of equipment thatmight be used for internal repression or terrorism to Indonesia.

On 11 October the Council of the European Union (the foreignministers) adopted a Council Regulation banning the supply ofequipment that might be used for internal repression or terrorism.The Regulation, that took into account a proposal of theCommission, defined the items that would be subject to the ban inan annex.

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http://eu%20sanction%20to%20indonesia.doc/http://www.sipri.org/contents/expcon/euinscr.htmlhttp://www.sipri.org/contents/expcon/euinscr.htmlhttp://eu%20sanction%20to%20indonesia.doc/


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Look for other country to fulfill its

main weapon system procurement Willingness to process human rights

violations

Develop Strategic Industries tosupport arms acquisition

Indonesia main weapon system is

stagnant

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Export Control

The weapon export is controlled by:

European Parliament/CouncilCOARM: EU Council Working Group on

Conventional Arms Exports

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Overview of annual reporting systemsin the EU

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Conclusion &Recommendation

The significance:Criterion One: Restriction of utilizing

nuclear, biology, toxic, and chemical

weapon. And control in depenceacquisition weapon.

Criterion Two: Respect to human

rights, especially in militaryoperation. And the proportional usingweapon.

In the implementation of EU Conductof Arm Ex ort need consistenc

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Indonesia Government shouldsupport arm industry strategicthrough research, development, andbudget in order not to depends on EU

weapon industry

TNI should keep priority humanrights in their military operation

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References

Annual Report The European Union Code of Conduct on Arms Exports. SIPRI,Stockholm 2004

Good conduct? Ten years of the EU Code of Conduct on Arms Exports. EuropeanUnion non-governmental

Organisations, 2008

EUROPEAN UNION CODE OF CONDUCT ON ARMS EXPORTS. European Union The

Council, Brussels, 1998 The Impact on Domestic Policy of the EU Code of Conduct on Arms Exports. SIPRI,

Stockholm 2008

OSCE Document on Small Arms and Light Weapons, November 2000www.osce.org/documents/sg/2000/11/673_en.pdf

European Export Credit Agencies and the financing of arms trade. A report by theEuropean Network Against Arms Trade, 2007

EU STRATEGY AGAINST PROLIFERATION OF WEAPONS OF MASS DESTRUCTION.COUNCIL OF THE EUROPEAN UNION. Brussel, 2003

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http://www.osce.org/documents/sg/2000/11/673_en.pdfhttp://www.osce.org/documents/sg/2000/11/673_en.pdf

EU Conduct Presentation

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