Proposal for a Council Decision authorising Member States to ratify, in the interests of the European Union, the Arms Trade Treaty

UN Resolution 61/89, adopted in 2006, initiated the process for developing a Treaty to regulate the international trade in conventional weapons, the so-called Arms Trade Treaty (ATT). The objective was to achieve a legally binding Treaty making the legal trade in conventional arms more responsible, by setting high common international standards on imports, exports and transfers.

Intensive preparatory work was carried out during 2007 and 2009, followed by a First United Nations Conference on the ATT held in New York from 2 to 27 July 2012. Although the Conference failed to reach a consensus, it delivered a first draft text. At the last UN Conference, held in March 2013, this draft Treaty was revised, but still no consensus could be reached with three States rejecting the Chairs' proposal. The Treaty was finally adopted by qualified majority on 2 April 2013. The majority of UN Members agreed on 3 June 2013 as a designated date for opening the signature of the Treaty.

The ATT provides, inter alia, for measures (such as import and export controls), which fall within the scope of the Union's Common Commercial Policy. In this domain, ATT addresses areas of Union law where the degree of regulation has already reached an advanced stage. Moreover, the following EU-secondary legislation related to the internal market is also of relevance: a) 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, b) Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons, c) Regulation (EU) No 258/2012 of the European Parliament and of the Council of 14 March 2012 implementing Article 10 of the United Nations’ Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol), and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition.

As the ATT includes matters of exclusive EU competence, Member States are not in a position to decide autonomously on the signature and ratification of the Treaty. They can only do it, in the interest of the Union, after authorisation by the Council upon a proposal by the Commission.

• Primary Source

EUR-Lex: COM(2013)482: Follow the progress of this proposal through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2013:482:FIN

ESO: Background information: Commission proposes the signature of the Arms Trade Treaty http://www.europeansources.info/record/press-release-commission-proposes-the-signature-of-the-arms-trade-treaty/

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