Vol. 478 No. 5
17 Kathleen Lynch asked the Tánaiste and Minister for Foreign Affairs the proposals, if any, there are at EU level to amend the operation of arms embargos in order to include current as well as future contracts; and if he will make a statement on the matter. [11434/97]
In reply to a similar question on 19 March, I informed the House of certain developments in EU arms embargoes which are taking place in the framework of the common foreign and security policy established by the Maastricht Treaty on European Union. I wish to draw attention again to the main elements of that statement.
EU arms embargoes are now adopted as common positions of the Council and, in accordance with Article J.2.2. of the Treaty, member states must ensure that their national policies conform to common positions.
In an effort to facilitate a more uniform implementation of arms embargoes by member states, the Union now endeavours to specify the categories of arms covered, at Union level, by UN arms embargoes where these are non-specific as well as by embargoes imposed directly by the Union.
The provisions of the two most recent EU arms embargoes adopted by the Council, on arms exports to the former Yugoslavia and to Afghanistan, expressly state that the embargoes cover contracts entered into prior to the entry into force of the embargo.
There are no proposals for an across the board amendment of the operation of EU arms embargoes in order to include current as well as future contracts. Arms embargoes are adopted case by case and the adoption of the necessary common position requires unanimity in the Council. Notwithstanding this constraint, the evolving practice of the Council as outlined above does reflect the strengthening of the legal basis, under the Treaty, for the implementation of arms embargoes as well as the determination of the Union to ensure that arms embargoes are made as effective as possible.
