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COUNCIL OF THE EUROPEAN UNION Brussels, 29 February 2008 7486/08 PESC 319 CHARM 20 NOTE from: to: Subject: Secretariat Delegations User's Guide to the EU Code of Conduct on Arms Exports Delegations

1. Introduction — Part 1: What the Act does (A) 2. Summary and background on the act (B) 3. Definitions (C) 4. What Arms Exports mean (E) 5. What is not covered by the Act, either by the Arms and Explosives Act 1997 or by the Geneva Conventions on the treatment of civilians in armed conflict (E) 6. What should the Arms Export Controls system look like in future? (F) 7. Recommendations on what should the Act do in the future (G) 1. Introduction — What the Arms Export Controls Act aims to achieve: What the Act does: 4. The Act aims to: — prevent arms exports to states that might be used to commit, support or justify human rights violations or violations of international human rights law (as defined in international humanitarian law). It does not prevent arms exports if they are part of a military development program to advance regional stability or the defense of a member's legitimate interests (and they must be necessary for such purposes and not aimed at civilian objectives) 2. What the Act does not prevent: 7. Arm exports to non-state actors are not prohibited under the Act. Arms exports may be authorized by national law and the Foreign and Commonwealth Office. Where national laws are used to authorize arms exports, they must be interpreted reasonably to avoid serious breaches of the human rights and humanitarian principles in national and international law that are aimed at preventing arms exports to non-state actors (the United Nations arms embargo and the UK arms export control regime apply to non-state actors). For example, in the UK, the export of cluster munitions, which are intended to be used by the opposing side in combat, are not subject to the UK arms export control regime. Likewise, non-lethal aid to Syrian opposition groups is not prohibited by the United Nations arms embargo. The UK arms export control regime is the UK government's main weapon against arms exports for this reason. The arms export regime is designed to: — limit arms exports to a relatively limited number of states which are judged to have good human rights. — ensure that arms exports to states which might use them, or arms exports designed or adapted to be used specifically to commit, support or justify human rights violations for their own purposes do not go to states which are judged by the Government to be likely to do so. 2.

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