COUNCIL DECISION 2013/320/CFSP
of 24 June 2013
in support of physical security and stockpile management activities to reduce the risk of illicit trade in small arms and light weapons (SALW) and their ammunition in Libya and its region
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)
After the popular uprising in Libya in February 2011 and the ensuing armed conflict, Libya is challenged by a massive volume of stockpiles of conventional weapons and ammunition, including large numbers of unserviceable and hazardous items. The uncontrolled spread of small arms and light weapons (SALW) and ammunition has fuelled insecurity in Libya, in neighbouring countries and in the broader region, exacerbating conflict and undermining post-conflict peace building and, thus, posing a serious threat to peace and security.
(2)
Following up on its support to the Libyan people during and after the conflict, the Union is committed to further cooperate with Libya on a wide range of issues, including security issues, and to support the transition process to democracy, sustainable peace and security.
(3)
On 15 and 16 December 2005, the European Council adopted the EU Strategy to combat the illicit accumulation and trafficking of SALW and their ammunition. That Strategy acknowledges that the abundance of stocks of SALW and ammunition makes such arms easily obtainable by civilians, criminals, terrorists and combatants alike and stresses the need to pursue preventive action to tackle the illegal supply of conventional weapons and their demand. It also singles out Africa as the continent most affected by the impact of internal conflicts aggravated by the destabilising influx of SALW.
(4)
On 23 May 2012, Libya, Sudan, the Central African Republic, Chad, and the Democratic Republic of Congo signed the Khartoum Declaration On the Control of Small Arms and Light Weapons across the Neighbouring Countries of Western Sudan. In that Declaration, Libya and the other signatories committed themselves, inter alia, to strengthening national capacities and institutions in order to develop and implement comprehensive SALW control strategies, National Action Plans and interventions, including physical security and stockpile management ("PSSM") of State-held SALW and ammunition, in accordance with international standards.
(5)
The Khartoum Declaration calls upon regional and international organisations to provide technical and financial support in coordination with the international community to implement the outcomes of the conference held in Khartoum on 22 and 23 May 2012 and all subsequent activities and initiatives to address the SALW issue in each country.
(6)
On 18 June 2004, Libya ratified the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime.
(7)
The German Agency for International Cooperation, Deutsche Gesellschaft für internationale Zusammenarbeit (GIZ) GmbH ("GIZ"), is in the process of establishing a project on conventional arms control in Libya. On 2 May 2012, GIZ and the Libyan Mine Action Centre, as part of the Ministry of Defence, agreed on a programme outline on Mine Action and Conventional Arms Control. The overall Programme on Conventional Arms Control in Libya (the "Programme") consists of two specific modules and is co-financed by the Union and the German Federal Foreign Office.
(8)
It is necessary to ensure, to the greatest extent possible, Libyan ownership in implementing PSSM activities, in line with the core principles of national ownership and effective empowerment of local partners. Accordingly, the Programme seeks to involve relevant Libyan stakeholders, including, as appropriate, the Ministry of the Interior, the Ministry of Defence, the Armed Forces and other relevant actors, in PSSM activities. GIZ will provide operational support and technical advice to the key partners of the Programme.
(9)
The Programme acknowledges the current dynamics in Libya and the necessity to involve all stakeholders and potential national partners from the outset. It aims at forging partnerships with international non-governmental organisations specialised in mine action and PSSM issues that have already proven their operational capabilities in Libya. It also places emphasis on fostering regional cooperation with neighbouring countries. The Union considers that financial assistance to GIZ would contribute to reducing the risks related to the potential illicit spread of conventional weapons and ammunition in and from Libya and the broader region,
HAS ADOPTED THIS DECISION:
Article 1
1. The Union shall pursue the promotion of peace and security in Libya and the broader region by supporting measures aimed at ensuring sound physical security and stockpile management of the Libyan weapons arsenals by the Libyan state institutions in order to reduce the risks posed to peace and security by the illicit spread and excessive accumulation of SALW and their ammunition, including the fostering of effective multilateralism at the regional level in this context.
2. The activities to be supported by the Union shall have the following specific objectives:
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to assist the Libyan state institutions in developing a national strategy and standard operating procedures for PSSM;
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to support the Libyan state institutions in the establishment of a training framework on PSSM issues;
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to support the rehabilitation and security management of ammunition storage areas according to national standards;
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to provide temporary storage units for conventional weapons and ammunition stockpiles;
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to support the relocation of ammunition storage areas that are based in populated areas;
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to conduct a feasibility study on options for reducing the available stockpiles of ammunition through recycling;
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to foster regional cooperation with neighbouring countries on PSSM issues;
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to establish a resilient risk management system to ensure programme delivery in a rapidly changing implementation environment.
3. In order to achieve the objective referred to in paragraph 1, the Union shall aim to support the Libyan state institutions in rehabilitating unsecured ammunition storage facilities which were damaged during the conflict, and ensuring sound physical security and stockpile management of the arsenals. The project shall be implemented following the principle of national ownership with the goal of long-term sustainability. Accordingly, all activities shall be coordinated with the respective Libyan state institutions and other relevant stakeholders. Moreover, the project shall follow the "do no harm" approach in the context of conflict sensitivity.
A detailed description of the project is set out in the Annex.
Article 2
1. The High Representative of the Union for Foreign Affairs and Security Policy ("HR") shall be responsible for implementing this Decision.
2. The technical implementation of the project referred to in Article 1(3) shall be carried out by the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH ("GIZ").
3. GIZ shall perform its tasks under the responsibility of the HR. For this purpose, the HR shall enter into the necessary arrangements with GIZ.
Article 3
1. The financial reference amount for the implementation of the project referred to in Article 1 shall be EUR 5 000 000 The total estimated budget of the overall project shall be EUR 6 600 000, which shall be provided through co-financing with the German Federal Foreign Office.
2. The expenditure financed by the amount set out in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the Union budget.
3. The Commission shall supervise the proper management of the expenditure referred to in paragraph 1. For this purpose, it shall conclude the necessary agreement with GIZ. The agreement shall stipulate that GIZ has to ensure the visibility of the Union's contribution, appropriate to its size.
4. The Commission shall endeavour to conclude the 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 agreement.
Article 4
1. The HR shall report to the Council on the implementation of this Decision on the basis of regular reports by the GIZ. These reports shall form the basis for the evaluation carried out by the Council.
2. The Commission shall report on the financial aspects of the project referred to in Article 1.
Article 5
1. This Decision shall enter into force on the date of its adoption.
It shall be reviewed and revised in the light of the political situation in Libya no later than 24 months after the date of conclusion of the agreement referred to in Article 3(3).
2. This Decision shall expire 60 months after the date of conclusion of the agreement referred to in Article 3(3) unless otherwise decided as a result of the review conducted pursuant to paragraph 2. Notwithstanding this, it shall expire six months after the date of its entry into force if no agreement has been concluded within that period.
Done at Luxembourg, 24 June 2013.