The European Union transformed its Code of Conduct on Arms Exports into a legally binding agreement on Monday 8 December. The adoption of the Code as an EU ‘common position’ means that states must incorporate the Code into their national legislation on arms transfers. The adoption was endorsed by France, the current EU President, which previously had blocked the move to legally binding status. Click here to read a press release by the French Platform for Control Arms.

Europe delivered €2.5 billion of conventional arms to developing countries in 2007. The Code, which came into existence 10 years ago, requires states to refuse arms export to countries where there is a clear risk that the weapons will be used for internal repression, or where they could be used aggressively against another country or to commit serious violations of international humanitarian law. It also requires the exporter to consider the importing state’s record on terrorism and implementation of humanitarian law, and as well as relative levels of military and social spending. Click here to read a press release by Belgian research institute GRIP.

Until now the Code of Conduct has been voluntary. Campaigners hope the new legal status will bring about tougher scrutiny and stop many irresponsible transfers. EU members have made a number of problematic arms transfers during the last few years, as highlighted in Good Conduct, a Saferworld report from June 2008:

• In 2005, the Czech Republic exported 6,709 pistols and revolvers and over €21,000 worth of parts/accessories for guns to Colombia, despite the fact that civilians continue to bear the brunt of the long-running conflict there. At least 1,400 civilians were killed in the Colombian conflict in 2007 and hundreds of thousands of people were displaced.

• Poland exported more than 50,000 small arms to Iraq in 2005-06 and the UK authorised the transfer of approximately 20,000 pistols in 2006. Austria has also supplied over 200,000 Glock pistols to the Iraqi police. The Iraqi people are suffering grave human rights violations and abuses that are being exacerbated by one of the highest rates of possession of small arms in the world. According to Amnesty International, human rights abuses have been compounded by a failure to adequately vet, monitor, train and hold to account the various Iraqi security forces in line with international human rights and IHL standards.

• The UK and Belgium approved licences for transfers of automatic weapons to Nepal in 2002, despite the fact that Germany had refused to export light machine guns on the basis of instability and widespread violations of human rights. Belgium proceeded to sell over 5000 FN Herstal light machine guns and failed to discuss the transaction with Germany before issuing the licence.

Aymeric Elluin, Campaign Coordinator for Amnesty International France said: "The adoption of the Code as a legally binding document is an important step by the EU and France towards a better regulated arms trade. We are now calling on all EU member states to include the golden rules of the proposed Arms Trade Treaty (ATT) in its export criteria and to ensure that no weapons are transferred where there is a clear risk of grave violations of human rights or international humanitarian law. The current crisis in the Democratic Republic of Congo shows that a global ATT is a matter of urgency. The civilians who are dying there today cannot afford to wait another 10 years for governments to drag their feet over this.”