European Union's Arms Control Regime and Arms Exports to China: Background and Legal Analysis

Publication Date: March 2005

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Military and defense

Type:

Coverage: China

Abstract:

In recent months, discussions have been held within the European Union (EU) on the question of lifting the embargo on arms exports to the People's Republic of China that was imposed on China on June 27, 1989. The prospect that the EU would lift its embargo on arms exports to China has led to a number of on-going discussions between EU member states and the United States government, which strongly opposes such an action at this time on human rights and security issues grounds. Key nations within the European Union, particularly France and Germany, strongly support lifting of the embargo. And, the United Kingdom has advised the Bush Administration that it will also support lifting the embargo when the subject is formally addressed by the EU, most likely during the spring of 2005.

The Council of the EU has stated that if the arms embargo on China were to be lifted, that action should not result in either a quantitative or qualitative increase in EU arms exports to China. The United Kingdom has argued that it believes that the European Union's Code of Conduct on Arms Exports, while not legally binding on EU members, with some enhancements, would provide a solid safeguard against worrisome arms exports by EU states to the Chinese in the future.

The President and senior members of the Bush Administration have lobbied the European Union to keep the arms embargo on China in place. Many Members of Congress share the Bush Administration's concerns about an end to the EU arms embargo. On February 2, 2005, the House of Representatives passed H. Res. 57, a resolution strongly urging the EU not to lift the embargo, by a vote of 411-3. Other Congressional actions on the issue may be taken.

This report provides detailed background and legal analysis of the nature of the current European Union embargo on arms exports to China. It also provides detailed background on the European Union's current Code of Conduct on Arms Exports. A strengthened version of the Code would be one of the control mechanisms that would remain should the EU lift the embargo on arms exports to China. This report also gives information on recent EU arms exports authorized for China. It further summarizes U.S. concerns regarding the lifting of the arms embargo, and notes the prospective timing of EU action on the embargo issue. This report may be updated should events warrant.