EU と対人地雷禁止条約形成

2009/9/19 西谷真規子

外務省・慶應ジャン・モネ EU 研究センター共催「日 EU 関係ワークショップ」
第 2 回「日 EU 関係と安全保障/対米関係 (3)―トランスナショナルな視点から」「ＥＵと対人地雷禁止条約形成」
神戸大学

西谷真規子

問題設定
①グローバルな条約形成における欧州政策の意義・役割は何か。
②対人地雷に関する CFSP 交渉過程の特徴。
③トランスナショナル社会運動は、対人地雷に関するヨーロッパ共通安全保障政策にどのような影響をどのような経路で与えたのか。
④反地雷問題に関わる欧州外交の特徴と、そこから得られる日本への示唆。

１．対人地雷禁止運動の欧州での動向概観①対人地雷禁止条約成立までの国際的反地雷政策形成過程の概観②欧州諸国の動向

資料１③欧州 NGO の動向 資料 2④欧州委員会、欧州議会、欧州理事会 資料 3
・EP B3-1744/92 “RESOLUTION on the injuries and loss of life caused by mines”
・EP A4-0119/95 “Resolution on landmines and blinding laser weapons”
・EP A4-0149/95 “Resolution on anti-personnel landmines: a murderous impediment todevelopment”
・EP B4-1360/95 “Resolution on the failure of the international conference on anti-personnel
mines and laser weapons”
・EP B4-1145/96 “Resolution on the Ottawa Conference on anti-personnel mines”*著作者に無断の引用・転載・複製等はご遠慮下さい1

EU と対人地雷禁止条約形成

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２．EU 共同行動の政策形成過程①オタワプロセス前の共同行動 資料 4：・95/170/CFSP “Council Decision of 12 May 1995 concerning the joint action adopted by theCouncil on the basis of Article J.3 of the Treaty on European Union on anti- personnel
mines”
・96/251/CFSP “Council Decision of 25 March 1996 complementing Decision 95/170/CFSP
concerning the joint action adopted by the Council on the basis of Article J.3 of the Treaty
on European Union on anti- personnel mines”
・ 96/588/CFSP “Joint Action of 1 October 1996 adopted by the Council on the basis of Article
J.3 of the Treaty on European Union on anti-personnel landmines”②対人地雷禁止条約採択直前の共同行動 資料 4：・97/817/CFSP “Joint Action of 28 November 1997 adopted by the Council on the basis of Article
J.3 of the Treaty on European Union, on anti-personnel landmines”
・97/818/CFSP “Council Decision of 28 November 1997 on the implementation of Joint Action
96/588/CFSP on anti- personnel landmines with a view to co-financing the special appeals
from the ICRC”
・97/819/CFSP “Council Decision of 28 November 1997 on the implementation of the Joint Action
96/588/CFSP on anti- personnel landmines with a view to contributing to the funding ofcertain programmes of the SADC and the ICRC”③CODUN（グローバルな軍事管理・軍縮に関する作業グループ）と欧州理事会議長国の役割④政府間主義の典型例？：transgovernmentalism と transnationalism⑤グローバル戦略における欧州地域の役割

３．反地雷問題に関わる欧州外交の特徴と日本外交への示唆①人道主義外交②ＮＧＯとのパートナーシップ③独自外交：非米スタンスをどこまで打ち出せるか*著作者に無断の引用・転載・複製等はご遠慮下さい2

EU と対人地雷禁止条約形成

資料１
＜図 1＞

2009/9/19 西谷真規子

国際反地雷政策形成過程におけるヨーロッパ諸国の位置
会議参加地域比率

100%
80%
60%
40%
20%
0%

middle eastnorth africa
europe-central
asia
asia-pacificamericasafrica

全廃支持地域比率100%
middle east- northafricaeurope-central asia

80%
60%

40%

asia-pacific20%

americas0%africa96-96 3-5 Oct24-27
96 Jun1-18
97 Sep 3-4
97 Dec 97＜表 1＞

地域別参加率Af（48 カ国） Am（35 カ国） As-Pac(3 カ国) E-CAs(5 カ国) ME-NAf(18 カ国)

オタワ宣言

18.8

31.4

12.8

45.3

5.6

ウィーン会議

33.3

57.1

41

86.8

72

ボン会議

52

57.1

43.6

88.7

61.1

ブラッセル宣 58.3
言

88.6

15.4

54.7

16.7

オスロ条約案

52.1

60

17.9

56.6

33.3

オタワ条約

75

88.6

46.2

66

22.2

*著作者に無断の引用・転載・複製等はご遠慮下さい3

EU と対人地雷禁止条約形成

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資料２＜表 1＞ 会議参加 NGO 数*

国際会議

N

Af

Am

As-Pac

E-CAs

ME-NAf

第一回 NGO 会議(93 年 5 月@ロンドン)**

50

―

―

―

―

―

第二回 NGO 会議（94 年 5 月＠ジュネーヴ）91

2(2.1)

17(18.6)5(5.4)

67(73.6)0(0)

第三回 NGO 会議（95 年 6 月＠プノンペン）

348

9(2.5)

22(6.3)286(82.1)31(8.9)0(0)CCW(95 年 9-10 月)

101

3(2.9)

19(18.8)

17(16.8)

62(61.3)0(0)CCW 再開第二(96 年 5 月) 139

2(1.4)

30(21.5)20(14.3)

87(62.5)0(0)

第四回 NGO 会議（97 年 2 月＠マプート）***

―

―

―

―

―

ブラッセル(97 年 6 月) 133

22(16.5)

17(12.7)

23(17.2)

70(52.6)1(0.7)

オスロ(97 年 9 月)**** 215

20(9.3)31(14.4)

32(14.8)132(61.3)

0(0)

400

少数第二位切り捨て
カッコ内（％）*表 1、表 2 とも、オタワ戦略会議（96 年）、ウィーン会議（97 年）、ボン会議（97 年）、オタワ条約調印会議（97年）のデータは無い。
**ロンドン会議報告書には参加者リストが無いが、ICBL 公式年表によれば、４０団体から５０人の出席者があった。
***マプート会議報告書にも参加者リストが無いが、ICBL 公式年表によれば、６０カ国以上から４００人以上の出席者があった。
****表 1、表 2 ともオスロ公式会議に並行して開催された NGO フォーラム参加者。
＜表 2＞ 会議参加 NGO 活動国数

国際会議

N

Af

Am

As-Pac

E-CAs

ME-NAf

第二回 NGO 会議（94 年 5 月＠ジュネーヴ）19

1(5.2)

2(10.5)4(21.0)12(63.1)

0(0)

第三回 NGO 会議（95 年 6 月＠プノンペン）

34

4(11.7)2(5.8)

18(52.9)

10(29.4)0(0)CCW(95 年 9-10 月)

162(12.5)1(6.2)

2(12.5)11(68.7)0(0)CCW 再開第二(96 年 5 月) 232(8.6)

2(8.6)

6(26.0)13(56.5)0(0)

第四回 NGO 会議（97 年 2 月＠マプート）

60

―

―

―

―

―

ブラッセル(97 年 6 月)

40

12(30.0)1(2.5)

10(25.0)16(40.0)1(2.5)

オスロ(97 年 9 月)

45

11(24.4)

3(6.6)

14(31.1)

17(37.7)0(0)少数第二位切り捨て
カッコ内（％）*著作者に無断の引用・転載・複製等はご遠慮下さい4

EU と対人地雷禁止条約形成

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資料３：the European Community Humanitarian Aid department (ECHO)による地雷除去支援

http://europa.eu.int/comm/echo/presentation/background_en.htm

European Union (European Commission)
Mine Clearance Actions(1) 1996/97(2)COUNTRY PERIOD

Afghanistan

AngolaBosnia1996-97
1996-97

COMMISSIONAMOUNTSERVICE(ECU)ECHO DGIB.C4

5,280,000
7,100,000

BUDGET LINE

AGENCY
Halo Trust (HT), Handicap Int (HI), Sandy

B7-212Gall

DGVIII.E3

574,200

DGVIII.E3

2,385,000

DGVIII.E3

800,000

DGVIII.E3

1,650,000

ECHO

1,010,000

1996

DGIA.B1

600,000

B7-5450

Italtrend

1996-97

DGIA.A1

6,295,444

B7-615

DSL,Bactec,Help,Tecnicas

1997

DGIA.D1

2,430,000

B7-661

Help

1996-97

HI

B7-615
ITC,Demira

B7-661HI

B7-6410HT

B7-3210
HI,ICRC,HT*著作者に無断の引用・転載・複製等はご遠慮下さい5

EU と対人地雷禁止条約形成

Cambodia

Laos

Mozambique

Nicaragua
Northern
Iraq
Zimbabwe

2009/9/19 西谷真規子

1996-97

ECHO

1,570,000

HI,Intersos

1996

ECHO

1,250,000

HI

1997

DGIB.C32,000,000

CMAC

1996-99

DGIB.C3

1,200,000

B7-615MAG

1997

DGIB.C3

1,700,000

B7-661HI

1996

DGVIII.E3

848,000

B7-6410

1996

DGVIII.E3

35,000NIP

Handicap Int.

1996-98

DGVIII.E3

1,142,076

B7-615GTZ

1997

DGVIII.E3

520,000

B7-661

1997

ECHO

250,000

B7-2101996-97

ECHO

5,210,000

B7-2101996

DGVIII.E3

10,000,000

Total:

MAG,HI

7h EDF/Loméart.229

53,849,720

Notes:
1. May include related activities such as mine awareness training or assistance to mine victims.The figures do notinclude Research into Mine Detection (probably totalling 16 mecu in projects involving DGIA/JRC and DGIII
during the period 1996-98) or the EU contribution to the UN Voluntary Trust Fund for Assistance in Mine
Clearance, International Committee of the Red Cross and to other organisationns (from the CFSP Budget
line B8-013) as follows:
1996:3.6 mecu to UNVTF (to support the establishment and development of the UN-led Mine Action Centres in
Bosnia and Croatia)
1997:3.5 mecu to UNVTF for minew actions in Angola,Mozambique,Former Yugoslavia,Somalia,Tadjikistan
1997:3.5 mecu (2,07 mecu to SADC;1,4 mecu to ICRC)
1997:3.0 mecu (to be confirmed) to ICRC
2. Projects continued from previous years, for wich no additional financial commitment has been made, are notincluded.

http://eu-mine-actions.jrc.cec.eu.int/*著作者に無断の引用・転載・複製等はご遠慮下さい6

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資料４：共同行動
95/170/CFSP: Council Decision of 12 May 1995 concerning the joint action adopted by the Council
on the basis of Article J.3 of the Treaty on European Union on anti- personnel mines

Official Journal L 115 , 22/05/1995 P. 0001 - 0003
COUNCIL DECISION
of 12 May 1995
concerning the joint action adopted by the Council on the basis of Article J.3 of the Treaty on European Union on
anti-personnel mines(95/170/CFSP)THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles J.3 and J.11 thereof,
Having regard to the general guidelines of the European Council held on 26 and 27 June 1992 which identified theareas falling within the security sphere which could, as from the entry into force of the Treaty on European Union,
be the subject of joint actions,
HAS DECIDED AS FOLLOWS:
Article 1
Objectives of the joint action
The aim of this joint action shall be to help combat the indiscriminate use and spread throughout the world ofanti-personnel land mines which are very dangerous for civilian populations.
Without prejudice to other international initiatives in this area, this joint action shall also be aimed at increasing thechances of success of the Conference to review the Convention on Prohibitions or Restrictions on the Use of Certain
Conventional Weapons which may be deemed to be excessively injurious or to have indiscriminate effects,
hereinafter referred to as 'the 1980 Convention'.
To this end, the joint action entails three elements, as set out in Titles I, II and III:- a common moratorium on exports of anti-personnel mines,- active preparation of the 1980 Convention Review Conference,- a contribution by the European Union to international mine clearance.
TITLE I
MORATORIUM ON EXPORTS OF ANTI-PERSONNEL MINES
Article 2
A common moratorium on exports of anti-personnel mines shall hereby be implemented by Member States in thelight of the relevant United Nations General Assembly resolutions.
This moratorium shall comprise a total ban on exports of non-detectable anti-personnel mines andnon-self-destructing anti-personnel mines to all destinations, as well as a ban on exports of all other types ofanti-personnel mines to those States which have not yet ratified the 1980 Convention and Protocol 2 thereto.
*著作者に無断の引用・転載・複製等はご遠慮下さい7

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Member States which so wish may apply moratoria which are broader in scope.
TITLE II
ACTIVE PREPARATION OF THE 1980 CONVENTION REVIEW CONFERENCE
Article 3
1. With a view to the 1980 Convention Review Conference, those Member States which are not yet bound by that
Convention, and in particular Protocol 2 thereto, shall take the necessary steps to become parties to that
Convention and Protocol 2 thereto.
2. Member States shall endeavour to foster the universal nature of the 1980 Convention and strengthen Protocol 2,
in particular by:- extending its scope to non-international armed conflicts,- substantially strengthening restrictions or bans on anti-personnel mines, including those on transfers of such
mines,- including an effective verification mechanism.
- including provisions on technical assistance for mine clearance.
3. In order to contribute to the success of the 1980 Convention Review Conference, the European Union shallactively work to promote with third countries the universal nature of the 1980 Convention and the strengthening ofProtocol 2 thereto along the lines of the position defined in paragraph 2. To this end, the Presidency shall carry out
démarches under the conditions set out in Article J.5 (3) of the Treaty.
4. At the Review Conference, Member States shall uphold the position set out in paragraph 2.
TITLE IIICONTRIBUTION TO INTERNATIONAL MINE CLEARANCE
Article 4
European Union contribution to United Nations activities
1. Member States shall participate in the International Conference on mine clearance organized under the
responsibility of the United Nations Secretary-General.
The European Union shall contribute ECU 160 000 to funding for the organization of this Conference.
This contribution shall be charged to the general budget of the European Communities for 1995.
2. Without prejudice to Member States' contributions, a contribution of up to ECU 3 million will be paid by theEuropean Union to the United Nations Voluntary Trust Fund for Assistance in Mine Clearance. This contribution
shall be charged to the general budget of the European Communities for 1995.
This contribution will be allocated to operations having priority for the European Union. The Presidency, inassociation with the Commission, will make, together with the United Nations Secretary-General, the necessary
contacts to define the conditions for using the European Union's contribution to the Voluntary Trust Fund for
Assistance in Mine Clearance.
3. The expenditure financed by the amounts stipulated in paragraphs 1 and 2 shall be managed in compliance with
the European Community procedures and rules applicable to the budget.
*著作者に無断の引用・転載・複製等はご遠慮下さい

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EU と対人地雷禁止条約形成

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Article 5
Activities of the European Community
The European Community has undertaken mine clearance operations in the context of humanitarian aid anddevelopment cooperation. The Commission of the European Communities intends to pursue these operations,which constitute an important part of the Community's humanitarian action vis-à-vis certain third countries. The
Community shall also pursue research activities which are of relevance to mine clearance.
Article 6
Specific actions by the European Union
1. The European Union shall provide assistance for mine clearance undertaken in certain third countries. The
European Union shall act at the request of regional organizations or at the request of a third country's authorities.
It shall intervene in the context of programmes conducted by the United Nations Organization or, whereappropriate, in cooperation with the latter to complement its action.
2. When the Council decides to carry out a specific action vis-à-vis a third country, it shall determine the funding for
it taking into account any contributions in kind from Member States. It shall define the priority guidelines for
European Union assistance, which may in particular take the following forms:- information in the countries concerned,- training of mine clearance specialists and mine clearance instructors,- participation in mine clearance operations.
The adoption of the decisions referred to in the first subparagraph shall require the Council to act unanimously.
3. Pursuant to Article J.3 (2) of the Treaty, the Council shall define the conditions for implementing specific actionsof the European Union, taking into account the possible value of designating, in certain instances, a person
responsible for implementing the specific action on the spot.
Article 7
Contribution by the Western European Union
The European Union shall reserve the right to ask the Western European Union to contribute to the definition andimplementation of specific actions of the European Union. In that case, the Council shall act unanimously.
Article 8
Preparation and monitoring of European Union actions
1. The relevant Council Working Party shall be responsible in particular for:- examining requests from regional organizations or a third country's authorities,- establishing priorities for the use of the European Union's contribution to the United Nations Voluntary Trust Fundfor Assistance in Mine Clearance,- determining the conditions for implementing specific actions of the European Union in third countries.
2. Under the conditions set out in Article J.5 (3) of the Treaty, the Presidency shall:- ensure liaison with the United Nations Organization;*著作者に無断の引用・転載・複製等はご遠慮下さい

9EU と対人地雷禁止条約形成

2009/9/19 西谷真規子- establish, with regional organizations and third countries, the contacts needed to implement the European Union's
specific actions.
It shall keep the Working Party regularly informed of the outcome of such contacts.
3. The Working Party shall see to the monitoring of the specific actions adopted pursuant to this Decision. It shallmake all appropriate recommendations for the pursuit of objectives of the European Union, in particular as regards
the advisability of reviewing this joint action following the 1980 Convention Review Conference.
4. Any relevant information shall be submitted to the Working Party to enable the Council and the Commission toensure, under the best possible conditions, the consistency of the European Union's external action.
Article 9This Decision shall enter into force on the day of its adoption. It shall be published in the Official Journal.
Done at Brussels, 12 May 1995.
For the Council
The President
A. JUPPÉ

96/588/CFSP: Joint Action of 1 October 1996 adopted by the Council on the basis of Article J.3 of theTreaty on European Union on anti-personnel landmines

Official Journal L 260 , 12/10/1996 P. 0001 - 0003
JOINT ACTION of 1 October 1996 adopted by the Council on the basis of Article J.3 of the Treaty on European
Union on anti-personnel landmines (96/588/CFSP)THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles J.3 and J.11 thereof,
Having regard to the general guidelines of the European Council held on 26 and 27 June 1992 which identified theareas falling within the security sphere which could, as from the entry into force of the Treaty on European Union,
be the subject of joint actions,
Whereas, in the light of the outcome of the Review Conference on the Convention on Prohibitions or Restrictions
on the use of Certain Conventional Weapons which may be deemed to be excessively injurious or to haveindiscriminate effects, hereinafter referred to as 'the 1980 Convention`, it is appropriate to update and further
develop the initiatives carried out by the European Union under the terms of Council Decision 95/170/CFSP of 12
May 1995 concerning the joint action adopted by the Council on the basis of Article J.3 of the Treaty on European
Union on anti-personnel mines (1), and Common position 95/379/CFSP of 18 September 1995 defined by theCouncil on the basis of Article J.2 of the Treaty on European Union, concerning blinding lasers (2);Whereas Council Decision 96/251/CFSP, of 25 March 1996 complementing Decision 96/170/CFSP concerning thejoint action adopted by the Council on the basis of Article J.3 of the Treaty on European Union on anti-personnel*著作者に無断の引用・転載・複製等はご遠慮下さい

10

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mines (3) has already provided a contribution to assistance in mine clearance in Bosnia-Herzegovina and Croatia
for 1996,
HAS ADOPTED THE FOLLOWING JOINT ACTION:
Article 1
The European Union has resolved to combat and end the indiscriminate use and spread throughout the world ofanti-personnel landmines as well as to contribute to solving the problems already caused by these weapons. The
aim of this joint action shall be to reinforce the extensive political and practical actions already taken by theEuropean Union in pursuit of these objectives.
To this end, this joint action entails three elements, as set out in Titles I, II and III:- continued efforts of the European Union with a view to ensuring full implementation of the results of the first
Review Conference of the 1980 Convention on the one hand, and support for international efforts to ban
anti-personnel landmines on the other hand,- a common moratorium on exports of anti-personnel landmines,- a multi-faceted contribution by the European Union to mine-clearance.
TITLE I ENDING THE INDISCRIMINATE USE OF ANTI-PERSONNEL LANDMINES
Article 2
The European Union is committed to the goal of the total elimination of anti-personnel landmines and shall work
actively towards the achievement at the earliest possible date of an effective international agreement to banthese weapons worldwide.
Article 3
1. As an immediate step, all Member States:- shall take all possible action to ratify at an early date without invoking the provisions concerning deferral ofcompliance, the amended Protocol II on landmines as well as the new Protocol IV on blinding laser weapons,annexed to the 1980 Convention,- shall take steps to ensure their compliance with the prohibitions and restrictions contained in these Protocols
pending their entry into force.
2. The European Union shall promote universal accession to the 1980 Convention and in particular to its amended
Protocol II and new Protocol IV.
To this end, the Presidency shall, as appropriate, carry out demarches under the conditions set out in Article J.5(3) of the Treaty.
3. In addition, in order to promote accession to and compliance with the amended Protocol II, Member Statesshall contribute actively to the annual conferences of High Contracting Parties provided for in Article 13 thereof.
4. The European Union shall seek to raise without delay the issue of a total ban, to which it is committed under
Article 2, in the most appropriate international forum.
5. The European Union shall focus attention on those third countries which continue the irresponsible supply andindiscriminate use of anti-personnel landmines.
*著作者に無断の引用・転載・複製等はご遠慮下さい11EU と対人地雷禁止条約形成

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Article 4
Member States shall endeavour to implement national restrictions or bans additional to those contained inamended Protocol II, particularly on the operational use of anti-personnel landmines.
TITLE II MORATORIUM ON EXPORTS OF ANTI-PERSONNEL LANDMINES
Article 5
Member States shall implement a common moratorium on the export of all anti-personnel landmines to all
destinations. They shall refrain from issuing new licences for the transfer of technology to enable the manufactureof anti-personnel landmines in third countries.
TITLE III CONTRIBUTION TO INTERNATIONAL MINE CLEARANCE
Article 6
Action by the European Community
The European Community has intensified its activity in the field of mine clearance in the context of humanitarianaid, reconstruction and development cooperation. The Commission of the European Communities intends tocontinue Community's support for these activities which constitute an important part of the Community's action
vis-à-vis certain third countries. The Community will also continue to pursue research activities relevant to mineclearance.
Article 7
Financial contribution of the European Union
1. In addition to the European Community operations mentioned in Article 6 and without prejudice to Member
States' contributions, the European Union shall, on an ongoing basis, support international mine clearance efforts,
including through further contributions to the UN Voluntary Trust Fund for assistance in mine clearance and/or in
response to the request of a regional organization or a third country's authorities. An amount of ECU 7 million
shall be charged to the general budget of the European Communities. Half of this amount shall be allocated to the
UN Voluntary Trust Fund. The remaining amount shall be allocated to European Union initiatives to be launched in
the period up to 31 December 1997, in accordance with the procedures set out in Article 10.
2. Any contribution to the UN Voluntary Trust Fund for assistance in mine clearance will be allocated to operations
having priority for the European Union. The Presidency, in association with the Commission, will establish thenecessary contacts with the United Nations Secretary General to define the conditions for using the European
Union's contribution. The expenditure financed by the amounts stipulated in paragraph 1 shall be managed incompliance with the European Community procedures and rules applicable to the budget.
Article 8Specific actions of the European Union
1. The European Union may provide assistance for mine clearance undertaken in certain third countries. The
European Union may act at the request of regional organizations or at the request of a third country's authorities.
It may also intervene in the context of programmes conducted by the United Nations Organization or, whereappropriate, in cooperation with the latter to complement its action. It recognizes the important role of the*著作者に無断の引用・転載・複製等はご遠慮下さい12

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Department of Humanitarian Affairs of the United Nations secretariat as the focal point in the United Nations for
coordinating de-mining and related issues.
2. When the Council decides to carry out a specific action vis-à-vis a third country, it shall determine the funding
for it taking into account any contributions in kind from Member States. It shall define the priority guidelines for
European Union assistance which may, in particular, take the following forms:- mine awareness activities,- training of mine clearance specialists and mine clearance instructors,- participation in mine clearance operations,- development of a database on mines,- assistance towards the rehabilitation of victims.
When adopting the acts referred to in the first subparagraph the Council shall act unanimously.
3. Pursuant to Article J.3 (2) of the Treaty, the Council shall define the conditions for implementing specificactions of the European Union, taking into account the possible value of designating, in certain instances, aperson responsible for implementing the specific action on the spot.
4. In accordance with Article J.4 (2) of the Treaty, the European Union shall retain the option of having recourse
to the Western European Union for the elaboration and implementation of specific actions of the European Union
in the field of assistance for mine clearance.
Article 9
Consistency of the European Union's action
1. The Council and the Commission shall be responsible for ensuring the consistency of the European Union's
activities in the field of mine clearance. They shall ensure implementation of their respective action, each inaccordance with its respective powers.
2. Member States shall seek to increase the effectiveness of their national contributions to mine clearance. As far
as possible, actions under Article 8 will be coordinated with those of Member States and of the Commission.
Article 10
Coordination of the contribution of the European Union
1. The relevant Council Working Party shall be responsible in particular for:- the allocation of funds in response to requests from regional organizations or third country's authorities and theestablishment of priorities in that respect,- establishing priorities for the use of the European Union contribution to the UN Voluntary Trust Fund,- determining the conditions for implementing specific actions of the European Union in third countries under
Article 8.
2. Under the conditions set out in Article J.5 (3) of the Treaty, the Presidency shall:- ensure liaison with the United Nations Organization,- establish, with regional organizations and third countries, the contacts needed to implement the European
Union's specific actions.
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It shall keep the Working Party regularly informed of the outcome of such contacts.
3. Any relevant information shall be submitted to the Working Party to enable the Council and the Commission toensure, under the best possible conditions, the consistency of the European Union's external action.
Article 11This joint action shall enter into force on the date of its adoption.
This joint action shall be published in the Official Journal.
Done at Luxembourg, 1 October 1996.
For the Council
The President
D. SPRING(1) OJ No L 115, 22. 5. 1995, p. 1.
(2) OJ No L 227, 22. 9. 1995, p. 3.
(3) OJ No L 87, 4. 4. 1996, p. 3.
STATEMENT BY THE DANISH DELEGATION
Article 8 (4)'In accordance with section C of the decision adopted at the European Council in Edinburgh on 11 and 12
December 1992, Denmark does not participate in the elaboration and the implementation of decisions and actionsof the Union which have defence implications.
The Danish Government has decided that Denmark will not participate in future Council decisions on follow-up to
the common action on anti-personnel landmines based on Article J.4.2. of the Treaty on European Union.
In accordance with the Edinburgh decision, Denmark will not prevent the development of closer cooperation
between Member States in this area. Accordingly, the position indicated above does not prevent the adoption ofsuch Council decisions.`

97/817/CFSP: Joint Action of 28 November 1997 adopted by the Council on the basis of Article J.3 of
the Treaty on European Union, on anti-personnel landmines

Official Journal L 338 , 09/12/1997 P. 0001 - 0004
JOINT ACTION of 28 November 1997 adopted by the Council on the basis of Article J.3 of the Treaty on European
Union, on anti-personnel landmines (97/817/CFSP)THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles J.3 and J.11 thereof,
Having regard to the general guidelines of the European Council held on 26 and 27 June 1992 which identified theareas falling within the security sphere which could, as from the entry into force of the Treaty on European Union,
be the subject of joint actions,*著作者に無断の引用・転載・複製等はご遠慮下さい14

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Whereas it is appropriate to update and further develop the initiatives carried out by the European Union under
Joint Action 96/588/CFSP adopted by the Council on the basis of Article J.3 of the Treaty on European Union, on
anti-personnel landmines (1); whereas that Joint Action was adopted in the light of the outcome of the Review
Conference on the Convention on prohibitions or restrictions on the use of certain conventional weapons which
may be deemed to be excessively injurious or to have indiscriminate effects, hereinafter referred to as 'the 1980
Convention`;
Whereas the Council Resolution of 22 November 1996 on the fight against anti-personnel landmines identified
certain measures which could be adopted and the criteria which should govern the allocation of funds formine-clearing projects;
Welcoming the adoption in Oslo on 18 September 1997 of the international Convention on the prohibition of theuse, stockpiling, production and transfer of anti-personnel mines and on their destruction and its opening forsignature in Ottawa on 3 and 4 December 1997;
Considering the adoption by the First Committee of the 52nd United Nations General Assembly of the Resolution
on the Convention on the prohibition of the use, stockpiling, production and transfer of anti-personnel mines andon their destruction, the Resolution on contributions towards banning anti-personnel landmines and the
Resolution on the Convention on prohibitions or restrictions on the use of certain conventional weapons which
may be deemed to be excessively injurious or to have indiscriminate effects;
Whereas the Council Decision of 28 November 1997 on the implementation of Joint Action 96/588/CFSP on
anti-personnel landmines with a view to co-financing the special appeals from the IRC (2), allocated ECU 8 million
to co-finance the 'special appeal` by the International Committee of the Red Cross,
HAS ADOPTED THIS JOINT ACTION:
Article 1
The Union is committed to the goal of total elimination of anti-personnel landmines worldwide as well as tocontributing to solving the problems already caused by these weapons. The aim of this Joint Action is to reinforce
the extensive political and practical actions already taken by the Union in pursuit of these objectives.
To this end, this Joint Action entails three elements, as set out in Titles I, II and III:- continued political efforts by the Union in pursuit of these objectives,- a common moratorium on transfers and a common moratorium on production of anti-personnel landmines,- a multi-faceted contribution by the Union to mine-clearance and related activities.
TITLE I
Article 2
The Union is committed to the goal of total elimination of anti-personnel landmines worldwide and welcomes inthis connection the Convention on the prohibition of the use, stockpiling, production and transfer ofanti-personnel mines and on their destruction.
Article 3
1. All Member States:*著作者に無断の引用・転載・複製等はご遠慮下さい15

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2009/9/19 西谷真規子- shall take all possible action to ratify at an early date, without invoking the provisions concerning deferral ofcompliance, the amended Protocol II on landmines as well as the new Protocol IV on blinding laser weapons,annexed to the 1980 Convention,- shall take steps to comply with the prohibitions and restrictions contained in the Protocols referred to in the firstindent pending their entry into force.
2. The Union shall promote universal accession to the 1980 Convention and in particular to its amended Protocol
II and new Protocol IV.
To this end, the Presidency shall, as appropriate, take steps under the conditions set out in Article J.5 (3) of theTreaty.
3. In addition, in order to promote accession to, and compliance with, Protocol II as amended, Member Statesshall contribute actively to the annual conferences of High Contracting Parties provided for in Article 13 thereof.
4. Member States of the Union which sign the international Convention on the prohibition of the use, stockpiling,
production and transfer of anti-personnel mines and on their destruction shall use their best endeavours to ratify
it at the earliest opportunity.
5. Member States of the Union shall take appropriate steps to comply with the objectives of the international
Convention on the prohibition of the use, stockpiling, production and transfer of anti-personnel mines and on theirdestruction pending its entry into force.
6. The Union welcomes all efforts made by the signatories of the international Convention on the prohibition of
the use, stockpiling, production and transfer of anti-personnel mines and on their destruction to promote
universal accession thereto.
In pursuit of the objectives stated in Article 1, the Presidency may, as appropriate, take steps under the conditions
set out in Article J.5 (3) of the Treaty.
7. In addition, in order to support the operation and implementation of the Convention on the prohibition of theuse, stockpiling, production and transfer of anti-personnel mines and on their destruction, Member States of theUnion shall undertake to participate actively in the conferences to be organized after the Convention has been
opened for signature.
8. The Union shall seek to promote, in all appropriate fora, including the Conference on Disarmament, all efforts
likely to contribute to the objectives to which it is committed under Article 1.
9. The Union shall focus attention on those third countries which continue the irresponsible supply andindiscriminate use of anti-personnel landmines.
TITLE II
Article 4
In pursuit of the objectives to which they are committed under Article 1 and without prejudice to national
measures already taken, Member States shall:*著作者に無断の引用・転載・複製等はご遠慮下さい16

EU と対人地雷禁止条約形成

2009/9/19 西谷真規子- implement a common moratorium on transfers of all anti-personnel landmines. They shall refrain from issuing
new licences for the transfer of technology to enable anti-personnel landmines to be manufactured in third
countries,- take the legal measures necessary to implement a common moratorium on the production of all anti-personnel
landmines.
TITLE III
Article 5
Action by the European Community
In recent years, the European Community has increased its contribution in the field of mine clearance and relief
for victims in the context of its humanitarian aid, reconstruction and development cooperation. The Commission
will continue to support these activities, which constitute an important part of the Community's action vis-à-vis
certain third countries. The Community will also continue to pursue research activities relevant to mine clearance.
Article 6
Specific actions and financial contributions of the Union
1. In addition to the European Community's operations referred to in Article 5 and without prejudice to Member
States' bilateral contributions, the Union shall provide ongoing support for international efforts directed at mineclearance and relief for victims. It shall provide assistance or contribute financially to programmes or projects in
response to a request from a regional organization, a third country's authorities, the International Committee of
the Red Cross, the United Nations or other organizations concerned. Such assistance may include further
contributions to the UN Voluntary Trust Fund. It shall be shared fairly between programmes or projects for mineclearance and those covering relief for victims.
2. Any contribution to assistance for mine clearance should be allocated to operations having priority for theUnion. The Presidency, in association with the Commission, will establish the necessary contacts to define theconditions for using the Union's contributions. Expenditure incurred through the implementation of paragraph 1
shall be managed in compliance with the Community procedures and rules applicable to the budget.
3. When the Council decides to carry out or support a specific action, it shall determine the funding for it and shalldefine the priority guidelines for Union assistance, which may, in particular, take the following forms:- participation in mine clearance operations,- relief for victims, including assistance towards their rehabilitation,- training of mine clearance specialists and mine clearance instructors,- development of a database on mine clearance activities,- mine awareness activities.
4. Pursuant to Article J.3 (2) of the Treaty, the Council shall define the conditions for implementation specificactions of the Union, taking into account the possible value of designating, in certain instances, a person
responsible for implementing the specific action on the spot.

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5. In accordance with Article J.4 (2) of the Treaty, the Union shall retain the option of having recourse to theWestern European Union for the elaboration and implementation of specific actions of the Union in the field ofassistance for mine clearance.
Article 7
Consistency of the Union's action
1. The Council and the Commission shall be responsible for ensuring the consistency of the Union's activities in
the field of mine clearance, including relief for victims. They shall ensure implementation of their respective action,
each in accordance with its powers.
2. Member States shall seek to increase the effectiveness of their national contributions to mine clearance andrelief for victims. As far as possible, actions taken pursuant to Article 6 shall be coordinated with those of Member
States and of the Commission.
Article 8
Coordination of the Union's contribution
1. The Council shall decide on:- the allocation of the financial contributions referred to in Article 6,- establishing priorities for the use of those funds,- determining the conditions for implementing specific actions of the Union.
2. Under the conditions set out in Article J.5 (3) of the Treaty, the Presidency shall:- ensure liaison with the United Nations Organization, the International Committee of the Red Cross and any otherorganization involved,- establish, with regional organizations and third countries, the contacts needed to implement the Union's specificactions.
It shall keep the relevant Council bodies regularly informed of the outcome of such contacts.
3. Any relevant information shall be submitted to the relevant Council bodies to enable the Council and theCommission to ensure, under the best possible conditions, the consistency of the Union's external action.
Article 9This Joint Action shall enter into force on the date of its adoption.
It shall replace Decisions 95/170/CFSP, 96/251/CFSP and 96/588/CFSP.
Article 10
This Joint Action shall be published in the Official Journal.
Done at Brussels, 28 November 1997.
For the Council
The President
G. WOHLFART(1) OJ L 260, 12. 10. 1996, p. 1.
(2) See page 5 of this Official Journal.
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97/818/CFSP: Council Decision of 28 November 1997 on the implementation of Joint Action
96/588/CFSP on anti- personnel landmines with a view to co-financing the special appeals from the
ICRC

Official Journal L 338 , 09/12/1997 P. 0005 - 0005
COUNCIL DECISION of 28 November 1997 on the implementation of Joint Action 96/588/CFSP on anti-personnel
landmines with a view to co-financing the special appeals from the ICRC (97/818/CFSP)THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles J.3 and J.11 thereof,
Having regard to the general guidelines of the European Council held on 26 and 27 June 1992 which identified theareas falling within the security sphere which could, as from the entry into force of the Treaty on European Union,
be the subject of joint actions,
Whereas on 1 October 1996, the Council adopted Joint Action 96/588/CFSP (1) on the basis of Article J.3 of theTreaty on European Union on anti-personnel landmines;
Whereas, as part of the specific actions provided for in Article 8 of that joint action in order to support the Union's
priority effort to help the victims of anti-personnel landmines, the 'special appeals` by the International
Committee of the Red Cross (ICRC) should be co-financed by an additional contribution,
HAS DECIDED AS FOLLOWS:
Article 1
1. ICRC special appeals shall be eligible for Union co-financing.
The exact amount of the Union's contribution shall be the subject of a financial agreement between theCommission and the ICRC in accordance with the financial Regulation to co-finance a significant percentage of
eligible costs, having due regard to the principles of sound financial management, including cost-effectivenessand value added by the Union's contribution.
2. A maximum amount of ECU 8 million shall be charged to the general budget of the European Communities for1997 in order to finance the measures provided for in paragraph 1.
3. The expenditure financed by the sum stipulated in paragraph 2 shall be managed in compliance with theEuropean Community procedures and rules applicable to the budget.
Article 2This Decision shall enter into force on the date of its adoption.
It shall be published in the Official Journal.
Done at Brussels, 28 November 1997.
For the Council
The President
G. WOHLFART(1) OJ L 260, 12. 10. 1996, p. 1.
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97/819/CFSP: Council Decision of 28 November 1997 on the implementation of the Joint Action
96/588/CFSP on anti- personnel landmines with a view to contributing to the funding of certain
programmes of the SADC and the ICRC

Official Journal L 338 , 09/12/1997 P. 0006 - 0006
COUNCIL DECISION of 28 November 1997 on the implementation of the Joint Action 96/588/CFSP on
anti-personnel landmines with a view to contributing to the funding of certain programmes of the SADC and the
ICRC (97/819/CFSP)THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles J.3 and J.11 thereof,
Having regard to Joint Action 96/588/CFSP of 1 October 1996 adopted by the Council on the basis of Article J.3 of
the Treaty on European Union on anti-personnel landmines (1),
Whereas, under the specific actions provided for by Article 8 of the Joint Action to support the Union's priority
effort to help the victims of anti-personnel landmines, a contribution should be made to the funding of theregional programme of the Southern Africa Development Conference (SADC) and to the programmes of theInternational Committee of the Red Cross (ICRC) in the former Yugoslavia and in Iraq,
HAS DECIDED AS FOLLOWS:
Article 1
1. The following initiatives shall be eligible for the funding provided for by Joint Action 96/588/CFSP:- the SADC's regional mine clearance programme, to be allocated an amount of ECU 2,07 million, and- the ICRC's Mines Awareness Programme in the former Yugoslavia and the programme for the rehabilitation of
victims disabled by mines in Iraq, to be allocated an amount of ECU 1,43 million.
Eligibility for expenditure shall commence on 1 July 1997.
2. The expenditure financed by the sums stipulated in paragraph 1 shall be managed in compliance with theEuropean Community procedures and rules applicable to the budget.
Article 2This Decision shall come into force on the date of its adoption.
It shall be published in the Official Journal.
Done at Brussels, 28 November 1997.
For the Council
The President
G. WOHLFART(1) OJ L 260, 12. 10. 1996, p. 1

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