Tracing of arms

Subject: Tracing of arms

According to recent reports, the Secretary-General of Interpol has warned that the huge quantity of arms now being sent to Ukraine, particularly by the US, NATO and the EU, could make its way onto the illegal arms market and end up in the hands of criminal groups, particularly in Europe.

It should be stressed that there are units in the Ukrainian armed forces that are known to be Nazi- fascist. They have mobilised and attracted hundreds of people from the far right from all over the world, resorting to threatening and violent behaviour vis-à-vis democratic and popular movements.

In other contexts of war where there has been US, NATO or EU military involvement and support, it has been notoriously difficult to trace and monitor the arms made available.

In view of this:

1. What guarantees can the Commission give that weapons sent in the context of the European Peace Facility and by Member States are not used by fascist and other criminal groups?

2. What steps have the Commission taken to trace and monitor the arms they have sent?

3. How much EU money has already been spent on arms for Ukraine and which budget lines were reassigned for this purpose?

Answer given by High Representative/Vice-President Borrell i Fontelles on behalf of the European Commission (9 August 2022)

Since the start of Russia’s unprovoked and unjustified aggression of Ukraine, the EU has adopted assistance measures of EUR 2.5 billion under the European Peace Facility (EPF) to reimburse Member States for lethal and non-lethal equipment provided to the Ukrainian Armed Forces.

The EPF is an off-budget instrument funded directly by contributions from Member States based on a gross national income distribution key.

At the request of the High Representative/Vice-President, Ukrainian authorities issued a statement on the end use of equipment received under the EPF, in accordance with the Council Decisions on EPF assistance measures to support the Ukrainian Armed Forces (1).

This includes a commitment that equipment delivered under the EPF will be for the exclusive use of the Ukrainian Armed Forces, that they will neither be transferred to other services, nor re-exported, and that the Ukrainian Armed Forces will adequately secure them.

In addition, all deliveries financed under the EPF are registered by type and category of military equipment. The monitoring of the use of this military equipment is to be carried out, once conditions allow, including where relevant by possible on-site inspections.

The control of export and transit of arms provided to Ukraine under the EPF by Member States is subject to national legislation, the Council Common Position 2008/944/CFSP (2) and the Arms Trade Treaty (3).

The European External Action Service is in close contact with the Commission services for further assessment and coordination purposes.

⋅1∙ Council Decision (CFSP) 2022/338 of 28 February 2022 on an assistance measure under the EPF for the supply to the UAF of military equipment, and platforms,

designed to deliver lethal force, and Council Decision (CFSP) 2022/339 of 28 February 2022 on an assistance measure under the EPF to support the UAF. ⋅2∙ Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment. ⋅3∙ The Arms Trade Treaty (ATT) is an international treaty that regulates the international trade in conventional arms and seeks to prevent and eradicate illicit trade and

diversion of conventional arms by establishing international standards governing arms transfers. The Treaty came into force on 24 December 2014.