rec_74

(74) Actions under the Instrument that involve the provision or financing of equipment, services or technology should be in line with relevant Union, national and international provisions, in particular the rules set out in Council Common Position 2008/944/CFSP Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment (OJ L 335, 13.12.2008, p. 99). , with Union restrictive measures as well as with Regulation (EU) 2021/821 of the European Parliament and of the Council Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (OJ L 206, 11.6.2021, p. 1). . Risk assessments by the Commission under the Instrument are without prejudice to the assessment of export licence applications by Member States. Each Member State should assess the export licence applications made to it, including those relating to government-to-government transfers, for items on the EU Common Military List, on a case-by-case basis against the criteria established in Common Position 2008/944/CFSP. In accordance with Regulation (EU) 2019/125 of the European Parliament and of the Council Regulation (EU) 2019/125 of the European Parliament and of the Council of 16 January 2019 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment (OJ L 30, 31.1.2019, p. 1). such actions should not finance the provision of any type of equipment that may be used for torture or other cruel, inhuman or degrading treatment or punishment.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-02 · Text as adopted (Official Journal); later amendments are not incorporated in this text.