Knowing the end-use of military equipment is crucial for any effective arms control system. Information on end-use is specifically important for the assessment of granting export licences. Yet, obtaining accurate information of the final end-use of products is increasingly difficult, especially with regard to the export of components. In this paper we will take an empirical and analytical approach to the governance of arms control and analyze the effectiveness of arms export control regimes in a system of multilateral and multi-level governance. In recent years, the EU has adopted a new framework for arms control with the adoption of Common Position 2008/944/CFSP defining common rules governing control of military exports and Directive 2009/43/EC on transfers of defence related products. As a result, many EU-member states have recently revised their own national legislation and are currently implementing novel control mechanisms and instruments as envisioned by the new European framework.
The implementation of this new multilateral framework on arms control will have far-reaching consequences on the possibilities of incorporating effective end-use controls during the licensing procedure. The question rises how and to what extent these new control mechanisms can effectively regulate the exports by European defence-industry and manage inherent security risks. Will these new multilateral procedures strengthen or rather weaken the export control regime? Is there a shift in the balance between security and trade? The article explores the opportunities and pitfalls of multilevel governance in the field of arms export controls. While the EU export control regime succeeded in developing common standards and harmonised procedures, it poses challenges to effectiveness, democratic control and accountability.
