Dáil Éireann Debate, Tuesday - 16 April 2024
254. Deputy Matt Carthy asked the Minister for Enterprise, Trade and Employment if, in light of the United Nations Human Rights Council demanding a halt of arms sale to Israel, he will suspend the granting of export licences for dual-use items to Israel; and if he will make a statement on the matter. [15972/24]
View answerMy Department is the National Competent Authority with responsibility for Export Controls, including Controls on defence-related exports and exports of Dual-Use goods.
Controls on the export of Dual-use items are administered by my Department, in accordance with Regulation (EU) 2021/821 of the European Parliament and of the Council setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items. The Regulation provides for a harmonised export controls system throughout the EU and sets out the criteria for the examination of applications.
In conducting assessments of applications for export licences, my officials carry out a series of checks to ensure, as far as possible, that the item to be exported will be used by the stated end-user for the stated end-use and will not be used for illicit purposes.
As part of their assessment, my officials seek the views of the Department of Foreign Affairs in respect of all applications for export licences, including those destined for Israeli end users. Both my own Department and the Department of Foreign Affairs review all dual-use export licence applications against the eight assessment criteria set out in Council Common Position 2008/944/CFSP – including “Respect for human rights in the country of final destination as well as respect by that country of international humanitarian law” and "Internal situation in the country of final destination, as a function of the existence of tensions or armed conflicts".
Accordingly, when making their assessment of applications, my officials are furnished with up to date information which they take into account in the final risk assessment of all licence applications.
Article 3 of the Treaty on the Functioning of the European Union provides that the Union shall have exclusive competence in the Common Commercial Policy. Article 207 of the Treaty on the Functioning of the European Union provides that trade with third countries falls within the Common Commercial Policy of the EU. Therefore, this is an area where the EU has exclusive competence.
