Article 1
Open ↗Common Position 2008/944/CFSP is amended as follows: (1) Article 1 is amended as follows: (a) paragraph 1 is replaced by the following: ‘1. Each Member State shall assess the export licence applications made to it, including those relating to government-to-government transfers, for items on the EU Common Military List mentioned in Article 12 on a case-by-case basis against the criteria of Article 2.’; (b) the following paragraph is inserted: ‘1a. Where new relevant information becomes available, each Member State is encouraged to reassess export licences for items on the EU Common Military List after they have been granted.’; (2) in Article 2, paragraph 1 is amended as follows: (a) the first subparagraph is replaced by the following: ‘1. Criterion One: Respect for the international obligations and commitments of Member States, in particular the sanctions adopted by the UN Security Council or the European Union, agreements on non-proliferation and other subjects, as well as other international obligations and commitments.’; (b) the second subparagraph is amended as follows: (i) the following points are inserted: ‘(ba) the international obligations of Member States under the Convention on Certain Conventional Weapons and the relevant Protocols annexed thereto; (bb) the international obligations of Member States under the Arms Trade Treaty;’; (ii) point (c) is replaced by the following: ‘(c) the international obligations of Member States under the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction (Ottawa Convention);’; (iii) the following point is inserted: ‘(ca) the commitments of Member States under the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects;’; (3) Article 6 is replaced by the following: ‘Article 6 Without prejudice to Council Regulation (EC) No 428/2009 ( *1 ) , the criteria in Article 2 of this Common Position and the consultation procedure provided for in Article 4 are also to apply to Member States in respect of dual-use goods and technology as specified in Annex I to Regulation (EC) No 428/2009 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 recipient country. References in this Common Position to military technology or equipment shall be understood to include such goods and technology. ( *1 ) Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items ( OJ L 134, 29.5.2009, p. 1 ).’;" (4) Article 7 is replaced by the following: ‘Article 7 In order to maximise the effectiveness of this Common Position, Member States shall work within the framework of the CFSP to reinforce their cooperation and to promote their convergence in the field of exports of military technology and equipment, inter alia, by exchanging relevant information, including information on denial notifications and arms export policies, as well as by identifying possible measures to further increase convergence.’; (5) Article 8 is replaced by the following: ‘Article 8 1. By 30 June of each year, each Member State shall submit to the European External Action Service information for the preceding calendar year on its exports of military technology and equipment and on its implementation of this Common Position. 2. An EU Annual Report, based on contributions from all Member States, shall be submitted to the Council for adoption and made available to the public in the format of a narrative report and a searchable online database on the website of the European External Action Service. 3. In addition, each Member State which exports technology or equipment on the EU Common Military List shall publish a national report on its exports of military technology and equipment, the contents of which will be in accordance with national legislation, as applicable.’; (6) Article 13 is replaced by the following: ‘Article 13 The User's Guide to this Common Position, which is regularly reviewed, shall serve as guidance for the implementation of this Common Position.’; (7) Article 15 is replaced by the following: ‘Article 15 This Common Position shall be reviewed five years after the date of adoption of Council Decision (CFSP) 2019/1560 ( *2 ) . ( *2 ) Council Decision (CFSP) 2019/1560 of 16 September 2019 amending Common Position 2008/944/CFSP defining common rules governing control of exports of military technology and equipment ( OJ L 239, 17.9.2019, p. 16 ).’."