The Council has adopted a new decision on arms-related export controls, emphasizing the importance of responsible arms trade policies, cooperation and convergence among Member States, and the prevention of diversion to unauthorized users.
On 14 April, the Council concluded its review of the EU framework for arms export control by adopting a decision (15 April 2025)[1] amending the Council’s Common Position 2008/944/CFSP, defining common rules governing the control of exports of military technology and equipment, and approving conclusions (14 April 2025)[2] on the matter. The conclusions and decision outline several key points and commitments that have significant implications for companies involved in the export of military technology and equipment.
The review was driven by several factors, including the need to facilitate exports of military equipment jointly developed by Member States and to reflect progress within the Arms Trade Treaty (ATT). Additionally, the ongoing conflict in Ukraine and the need to support Ukraine in response to Russia’s war of aggression have been significant factors influencing this review. The Council is committed to enhancing the control over the export of military technology and equipment. The goal is to reinforce cooperation and promote alignment among Member States in the export of military technology and equipment under the Common Foreign and Security Policy (CFSP). Key points include the following:
- High common standards: Establishing and maintaining high standards for controlling the export and transfer of military technology and equipment.
- Information exchange: Member States will share relevant information, such as denial notifications and arms export policies, to enhance cooperation.
- Preventing misuse: Ensuring that military technology and equipment are traded responsibly and do not end up in the hands of terrorists, criminals, or unauthorized users.
The Council has expressed commitment to continuing the EU’s efforts to promote the universalization and effective implementation of the Arms Trade Treaty (ATT) and calls upon the states that have not yet done so, to accede to or ratify the ATT. The Council further underscores the importance of the commitment to uphold the same standards on exporting of civilian firearms as those for the export of military technology and equipment.
The Council conclusions also set the agenda for work in the Council in the coming years on elements supporting responsible trade in military technology and equipment, such as:
- Tracing of military technology and equipment, including through marking arms and tagging of ammunition
- End-user verification and monitoring
- Facilitating exports of equipment jointly developed in the EU
- Controls of intangible technology transfers and knowledge transfers
- Supporting joint capacity building
The Council decision
The newly adopted decision lists criteria for denial of export licenses and provides that Member States may now use other end-user monitoring tools (beyond end-user certificates etc.), including requiring end-users to agree to specific verification mechanisms. Furthermore, revisions were made to highlight that exports of dual-use items, where there are serious grounds for believing that the end-user of such goods and technology will be the armed forces or internal security forces or similar entities in the country concerned, will require both meeting the criteria set out for denial of sought licenses (Article 2) and consultation (Article 4) between Member States. The decision also provides that the Member States shall work to promote further convergence by also exchanging information regarding specific destinations, end-use monitoring and risk assessments. Furthermore, the decision highlights certain specific provisions regarding Member States’ use of intra-joint defense project facilitation mechanisms to further enhance convergence and decision-making.
Take-aways for companies
Based on the above, companies should consider reviewing and updating their export compliance programs to reflect the Council’s conclusions and decision that signal a stricter and more harmonized arms export control regime. Companies that engage in exports of military items or perform ancillary services with respect to exports of military equipment and technology should monitor the developments closely, as changes to export licensing processes may occur, especially concerning end-use, destination and diversion risk monitoring and mitigation. Furthermore, companies that engage in dual-use exports may in certain cases face stricter scrutiny, when there are reasonable grounds to suspect military end-users.
