COUNCIL DECISION 2013/768/CFSP
of 16 December 2013
on EU activities in support of the implementation of the Arms Trade Treaty, in the framework of the European Security Strategy
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles 26(2) and 31(1) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy.
Whereas:
(1)
On 6 December 2006, the UN General Assembly adopted Resolution 61/89 entitled ‘Towards an Arms Trade Treaty: establishing common international standards for the import, export and transfer of conventional arms’, thus initiating the UN process for an Arms Trade Treaty (the ‘ATT process’). On 2 December 2009, the UN General Assembly adopted Resolution 64/48 entitled ‘The Arms Trade Treaty’, by which it decided to convene in 2012 a UN Conference on the Arms Trade Treaty in order to elaborate a legally binding instrument on the highest possible common international standards for transfers of conventional arms.
(2)
Because the UN Conference on the Arms Trade Treaty convened in July 2012 was not able to agree on a concluding document within the timeframe set for it and further to Resolution 67/234 A adopted on 24 December 2012 by the UN General Assembly, the final UN Conference on the Arms Trade Treaty was convened in March 2013. It elaborated a balanced and broad based Treaty text that, however, failed to meet consensus due to the opposition of three UN Member States. The matter was consequently referred to the UN General Assembly which, on 2 April 2013, adopted by an overwhelming majority the Arms Trade Treaty through the vote of Resolution A/RES/67/234 B. The Treaty was subsequently opened for signature on 3 June 2013 and will enter into force upon the 50th ratification. All the Member States of the Union have signed the Treaty.
(3)
In its conclusions of 11 December 2006, 10 December 2007, 12 July 2010, and 25 June 2012, the Council expressed its strongest commitment for a new legally binding international instrument that should establish the highest possible common international standards to regulate legal trade in conventional weapons, and that should be relevant to all States and could therefore be universal.
(4)
In order to promote the inclusiveness and relevance of the ATT process, the Council adopted Decision 2009/42/CFSP (1) and Decision 2010/336/CFSP (2), which supported, inter alia, a series of regional seminars of worldwide coverage. Further to the inconclusive July 2012 UN Conference, the Union's continuing activities in support of the Arms Trade Treaty were complemented by Council Decision 2013/43/CFSP (3).
(5)
The priority now is to support the early entry into force and full implementation of the Treaty. In line with its early committed support to the ATT process, the Union can contribute significantly to that objective, in particular, by building on its longstanding experience in funding export control assistance and outreach. Because arms and dual-use licensing remains a national responsibility within the EU, export control expertise used in support of the Union-funded assistance and outreach programmes is largely dependent on Member States. It is therefore crucial for the success of the Union's export control assistance and outreach activities that Member States allocate experts who will sustain the Union programmes.
(6)
In the area of arms export control, Union assistance and outreach activities have been carried out under Council Joint Action 2008/230/CFSP (4) and Council Decisions 2009/1012/CFSP (5) and 2012/711/CFSP (6). The activities undertaken have addressed a number of third countries in the close neighbourhood of the Union with a view to strengthening their arms export control systems and achieving greater responsibility and transparency.
(7)
The Union is also a longstanding provider of export control assistance in dual-use goods under Regulation (EC) No 1717/2006 (7), which established an Instrument for Stability that provides for assistance in the development of the legal framework and institutional capacities for the establishment and enforcement of effective export controls on dual-use goods, including regional cooperation measures. On 28 April 2004, the United Nations Security Council adopted Resolution 1540 (2004) (‘UNSCR 1540 (2004)’), which mandates effective transfer controls over goods related to weapons of mass destruction. The Union has supported the implementation of UNSCR 1540 (2004), in particular through Council Joint Action 2006/419/CFSP (8), Council Joint Action 2008/368/CFSP (9) and Council Decision 2013/391/CFSP (10) and, with regard to the export control dimension of UNSCR 1540 (2004), through its dual-use export control assistance programmes.
(8)
In addition to the specific assistance in arms export control, controls developed for the implementation of UNCSR 1540 (2004) and under the Union dual-use export control assistance programmes contribute to the overall capacity to effectively implement the Arms Trade Treaty since, in many instances, the laws, administrative procedures and agencies in charge of dual-use export control overlap with those in charge of conventional arms export control. Assistance provided in the area of dual-use goods therefore supports arms export control capacities. It is thus crucial to ensure close coordination between activities carried out in dual-use goods export controls and activities supporting the implementation of the Arms Trade Treaty.
(9)
Against this background of desirable coordination of export control assistance provided in other relevant areas, the activities supported by this Decision aim at strengthening arms transfer control capacities in a number of beneficiary countries in order to support effective and capable implementation of the Arms Trade Treaty. Because the impact of the Treaty will depend on how universal it is and on the level of adherence to it, outreach and awareness-raising activities should also be supported with a view to enhancing support for the Treaty by relevant stakeholders and other third countries, as well as encouraging interest in its implementation.
(10)
The German Federal Office of Economics and Export Control (hereinafter ‘BAFA’) has been entrusted by the Council with the technical implementation of Decisions 2009/1012/CFSP and 2012/711/CFSP. It successfully completed the organisation of all activities provided for in Council Decision 2009/1012/CFSP. BAFA is also the implementing agency for projects on export controls on dual-use goods funded under the Instrument for Stability. Against this background, the selection of BAFA as the implementing agency for the Union activities supporting the implementation of the Arms Trade Treaty in third countries is justified by its proven experience, qualifications and necessary expertise over the full range of relevant Union export control activities both in the dual-use and arms export control areas. Selecting BAFA will facilitate the identification of synergies between the dual-use and arms-related export control activities in order to make sure that Arms Trade Treaty-related assistance appropriately supplements assistance already provided under the existing dual-use and arms export control assistance programmes,
HAS ADOPTED THIS DECISION:
Article 1
1. For the purpose of supporting the early entry into force and implementation of the Arms Trade Treaty (the ‘ATT’), the Union shall undertake activities with the following objectives:
-
to support a number of States upon their request to strengthen their arms transfer control systems with a view to being able to implement the ATT;
-
to increase at national and regional levels awareness and ownership of the ATT by relevant national and regional authorities and civil society stakeholders so that they are further involved in the ATT implementation.
2. In order to achieve the objectives referred to in paragraph 1, the Union shall undertake the following project activities:
(a)
assisting beneficiary countries in drafting, updating, and implementing, as appropriate, relevant legislative and administrative measures aiming at establishing and developing an effective system of arms transfer control in line with the requirements of the ATT;
(b)
strengthening the expertise and capacities of the beneficiary countries' licensing and enforcement officers, in particular through the sharing of best practices, training and access to relevant information sources in order to ensure the adequate implementation and enforcement of arms transfer controls;
(c)
promoting transparency in the international arms trade, building on the transparency requirements of the ATT;
(d)
promoting sustained adherence to the ATT by the beneficiary countries in involving relevant national and regional stakeholders such as national parliaments, competent regional organisations and civil society representatives who have a long term interest in monitoring the effective implementation of the ATT;
(e)
promoting wider interest in the ATT by engaging with countries that have taken no steps towards the ATT, in order to support its universalisation.
A detailed description of the project activities referred to in this paragraph is set out in the Annex.
Article 2
1. The High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) shall be responsible for implementing this Decision.
2. The technical implementation of the project activities referred to in Article 1(2) shall be carried out by the German Federal Office of Economics and Export Control (BAFA).
3. BAFA shall perform its task under the responsibility of the High Representative. For this purpose, the High Representative shall enter into the necessary arrangements with BAFA.
Article 3
1. The financial reference amount for the implementation of the project activities referred to in Article 1(2) shall be EUR 5 200 000. The total estimated budget of the overall project shall be EUR 6 445 000. The part of that estimated budget not covered by the reference amount shall be provided through co-financing by the Government of the Federal Republic of Germany.
2. The expenditure financed by the reference amount set out in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
3. The Commission shall supervise the proper management of the expenditure referred to in paragraph 1. For this purpose, it shall conclude a grant agreement with BAFA. The agreement shall stipulate that BAFA is to ensure the visibility of the Union's contribution, appropriate to its size.
4. The Commission shall endeavour to conclude the grant agreement referred to in paragraph 3 as soon as possible after the entry into force of this Decision. It shall inform the Council of any difficulties in that process and of the date of conclusion of the grant agreement.
Article 4
1. The High Representative shall report to the Council on the implementation of this Decision on the basis of regular reports prepared by BAFA. The reports shall form the basis for the evaluation carried out by the Council.
2. The Commission shall provide information on the financial aspects of the implementation of the project activities referred to in Article 1(2).
Article 5
This Decision shall enter into force on the day of its adoption.
It shall expire 36 months after the date of conclusion of the grant agreement referred to in Article 3(3). However, it shall expire on 17 June 2014 if no such grant agreement has been concluded before that date.
Done at Brussels, 16 December 2013.