Annex A - Official Documents

The treaty bodies.
COUNCIL OF EUROPE:
The Ministerial Committee of the Council of Europe;
Parliamentary Assembly;
European Court for Human Rights;
The Council of Europe Commissioner for Human Rights;
European Commission against Racism and Intolerance (ECRI);
European Committee for the Prevention of Torture (CPT).
EUROPEAN UNION:
The European Council;
Statements by CFSP bodies;
Country-specific common positions and declarations of the EU;
EU Annual human rights report;
EU HOMs human rights reports and EU human rights fact sheets;
Resolutions and declarations by the European Parliament .
Section 2: Best practices for the interpretation of Criterion 7
How to apply Criterion 7
3.2.1 The EU Code of Conduct applies to all arms exports by Member States. Thus a prior Criterion 7
applies to exports to all recipient countries without any distinction. However, these practices follow the
principle that cases where there is a higher potential risk should be subject to a greater degree of scrutiny
than cases with less risk. Evaluation of individual export license applications should be done on a caseby-case
basis and include an over-all risk analysis, based on the potential risk level in the recipient state,
the reliability of those involved in the transactions, the nature of the goods to be transferred and the
intended end-use. Member States are encouraged to exchange information regarding countries of
concern on a case-by-case basis through the co-operation in COARM, or by other channels. In addition,
improved documentation in diversion risk-assessment at the licensing stage would make diversion more
difficult. Effective systems of end-user control contribute to the prevention of undesirable diversion or reexport
of military equipment and military technology. End-user certificates and their authentication at the
licensing stage should play a central role in counter-diversion policies. (see also Chapter 2).
Nevertheless, using end-user certificates cannot substitute for a complete risk assessment of the
situation in the particular case.
3.2.2 Information sources. Information on diversionary risks should be sought from a wide variety of
sources. A common EU base of information sources available to all Member States consists of EU
HOMs reports, Open-source defence publications and Export Control regimes information exchanges
and websites as well as reports from relevant Security Council Committees, in particular Security
Council Committee established pursuant to resolution 1540 (2004); additional information might be
obtained as appropriate from Member States diplomatic missions and other governmental institutions
such as customs, police and other law enforcement services as well as those providing Intelligence
information or through exchange of views among Member States regarding export to the country in
question. A non-exhaustive list of relevant internet websites is contained in Annex I.
Annex F
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