Sommaire: July 11, 2003: Statement by H.E. Ambassador Carlo Trezza, Permanent Representative of Italy to the Conference on Disarmament in Geneva, on behalf of the European Union, at the thematic session on illicit brokering. Biennial meeting of states to consider the implementation of the programme of action on small arms (New York)
Madam President,
I have the honour of taking the floor on behalf of the European Union. The acceding countries Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia, the associated countries Bulgaria, Romania, and Turkey and the EFTA countries of Iceland and Norway, members of the European Economic Area, align themselves with this statement.
The UN Programme of Action clearly identifies the need to establish and implement effective control over brokering activities related to the trade of small arms and light weapons, as illicit brokering is recognised to be a pillar on which the illegal trade is based.
The European Union has adopted, on 23 June 2003, a common position on arms brokering. Its guidelines will have to be reflected in existing or future legislations of Member States.
In particular, EU Member States will have to control brokering activities taking place within their territory, and - if they so decide - activities outside their territory carried out by brokers of their nationality, resident or established in their territory.
The EU common position considers relevant those brokering activities of persons and entities negotiating or arranging transactions of items from the EU common military list (including if such items are in their ownership) from one to any other third country. Member States are entitled to regulate cases where items are exported from their own territory or from the territory of another Member State.
For brokering activities, a license or written authorisation will have to be obtained from the competent authorities of the Member State where these activities take place, and, where required by national legislation, where the broker is resident or established. Member States will asses applications for a licence or written authorization for specific brokering transactions against the provisions of the EU Code of Conduct on arms exports. Records of persons and entities which have obtained
licences or authorisations will have to be kept for at least 10 years.
Member States may require brokers to obtain a written authorisation to act as brokers and to establish a register of arms brokers. This will not replace the requirement to obtain the necessary license or written authorisation for each transaction.
Member States will have to establish a system for exchange of information on brokering activities with reference, inter alia, to legislation, records of brokers and of licensing applications.
Member States will have to establish adequate sanctions to ensure the effective enforcement of arms brokering controls.
The European Union hopes that the above common position may represent a useful model for other national legislations and strongly favours the adoption of a legally binding multilateral instrument on SALW brokering as soon as possible.
In the framework of OSCE, the EU Member States are participating in the exercise aimed at preparing a best practices guide on national control of brokering activities, which may well represent a useful term of reference for our work.
Finally, the European Union welcomes the Oslo Seminar on further international steps against illicit brokering, organised by the Netherlands and Norway in April 2003.
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