COUNCIL DECISION 2012/121/CFSP
of 27 February 2012
in support of activities to promote EU-China-Africa dialogue and cooperation on conventional arms controls
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 26(2) thereof,
Whereas:
(1)
At its meeting held on 15 and 16 December 2005, the European Council adopted the EU Strategy to combat the illicit accumulation and trafficking of small arms and light weapons (hereinafter ‘SALW’) and their ammunition (hereinafter ‘EU SALW Strategy’). The Strategy identifies the African continent as one of the regions most affected by the illegal trade and excessive accumulation of SALW.
(2)
The EU SALW Strategy defines several tasks to be fulfilled by the Union, including the research of consensus within exporting countries with a view to supplying small arms to governments only, in accordance with restrictive and appropriate regional and international criteria on arms exports.
(3)
The EU SALW Strategy also recommends the inclusion of SALW as a topic to be addressed in the political dialogue with third countries and international, regional or sub-regional organisations, paying special attention to the coordination of actions with the Union's main partners and major SALW exporters, including China.
(4)
The Council of the European Union adopted in 2005, 2006, 2007 and 2010 Council Conclusions in support of the negotiation of an Arms Trade Treaty, a legally binding international instrument establishing common international standards for transfers of conventional weapons. It underlined the importance of cooperation in this process with other States and regional organisations.
(5)
Since its establishment in 2005, the EU-China Strategic Dialogue includes provisions for dialogue on non-proliferation and conventional arms exports. China and the Union agreed at their 2006 Summit to create a new dialogue on Africa's peace, stability, and sustainable development, in order to foster understanding between partners, to discuss activities and priorities, and to provide an opportunity for integrating China into international efforts to improve and coordinate cooperation activities. The 2007-2013 EU-China Strategy Paper defines the fundamental approach of the Union to China as one of engagement and partnership and singles out cooperation to prevent the illicit trade in SALW as a priority.
(6)
In December 2004 China and the Union signed a Joint Declaration on non-proliferation and disarmament, covering also cooperation in the field of conventional weapons. In the Joint Declaration, the Union and China noted that ‘positive and active efforts must also be made to strengthen controls over exports of conventional weapons. The arms control regimes concerning certain conventional weapons need to be strengthened. Efforts to prevent illicit trade of small arms and light weapons and flows of those weapons that would impair regional peace and stability, should be enhanced.’
(7)
The 2007 Joint Africa-EU Strategic Partnership defines the prevention of the illicit trade in and excessive accumulation of SALW as an area for action through enhancing capacity, networking, cooperation and exchange of information. China was invited and participated as an observer in the 2010 EU-Africa Summit,
HAS ADOPTED THIS DECISION:
Article 1
1. The Union shall pursue the development of cooperation between civil society, industry, and government representatives of China, the Union, and the African States, including through dialogue between respective civil societies and industries, to develop common approaches to address the threats posed by the illicit trade and excessive accumulation of SALW and the lack of regulation at international level of trade in conventional arms. Development of such cooperation should also be reflected in increased support for and implementation of a strong and robust Arms Trade Treaty.
2. The Union shall pursue the objective referred to in paragraph 1 through the following projects and measures:
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the establishment and development of a joint African-EU-Chinese Expert Working Group on conventional arms and a joint African-EU-Chinese Research Centre on conventional arms. The objective of the Expert Working Group and the Research Centre shall be to increase among the policy community in China, Africa, and the Union responsible for conventional arms issues and export controls thereof, awareness of, and engagement on, problems related to the illegal trade and excessive accumulation of SALW, and the lack of regulation at international level of legal trade in conventional weapons. Increased awareness of, and engagement on those issues, will contribute to the successful negotiation and implementation of, a strong and robust Arms Trade Treaty,
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conducting advocacy and research activities aimed at identifying opportunities for EU-China cooperation to support African States in preventing the illegal trade in and excessive accumulation of SALW.
A detailed description of the projects and measures 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 (hereinafter ‘HR’) shall be responsible for the implementation of this Decision.
2. The technical implementation of the projects and measures referred to in Article 1(2) shall be carried out by the non-governmental organisation ‘Saferworld’.
3. Saferworld shall perform its tasks under the responsibility of the HR. For this purpose, the HR shall enter into the necessary arrangements with Saferworld.
Article 3
1. The financial reference amount for the implementation of the projects and measures referred to in Article 1(2) shall be EUR 830 000.
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 general budget of the Union.
3. The Commission shall supervise the proper management of the expenditure referred to in paragraph 2. For this purpose, it shall conclude a financing agreement with Saferworld. The agreement shall stipulate that Saferworld is to ensure the visibility of the EU contribution, appropriate to its size.
4. The Commission shall endeavour to conclude the financing 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 financing agreement.
Article 4
The HR shall report to the Council on the implementation of this Decision on the basis of regular quarterly reports prepared by Saferworld. Those reports shall form the basis for the evaluation carried out by the Council. The Commission shall report on the financial aspects of the implementation of the projects and measures referred to in Article 1(2).
Article 5
1. This Decision shall enter into force on the date of its adoption.
2. This Decision shall expire 24 months after the date of conclusion of the financing agreement referred to in Article 3(3). However, it shall expire six months after the date of its entry into force if that financing agreement has not been concluded by that time.
Done at Brussels, 27 February 2012.