EN Official Journal of the European Union L 196/74

COUNCIL DECISION 2012/423/CFSP

of 23 July 2012

in support of ballistic missile non-proliferation in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction and of the Council Common Position 2003/805/CFSP

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 28 and Article 31(1) thereof,

Whereas:

(1) On 12 December 2003, the European Council adopted the EU Strategy against Proliferation of Weapons of Mass Destruction ("WMD"), Chapter III of which contains a list of measures that need to be taken both within the European Union and in third countries to combat such proliferation;

(2) The Union is actively implementing that Strategy and giving effect to the measures listed in Chapters II and III thereof, for example by releasing financial resources to support specific projects leading to the enhancement of a multilateral non-proliferation system and multilateral confidence building measures. The Hague Code of Conduct against ballistic missile proliferation (‧the Code‧ or ‧HCoC‧) is an integral part of that system. It aims at preventing and curbing the proliferation of ballistic missile systems capable of delivering weapons of mass destruction and related technologies;

(3) On 17 November 2003, the Council adopted Common Position 2003/805/CFSP (1) on the universalisation and reinforcement of multilateral agreements in the field of non-proliferation of weapons of mass destruction and means of delivery. That Common Position calls, inter alia, for the promotion of the subscription of as many countries as possible to the Code, especially those with ballistic missile capabilities, as well as for the further development and implementation of the Code, especially its confidence building measures, and for the promotion of a closer relationship between the Code and the UN multilateral non-proliferation system;

(4) On 8 December 2008, the Council adopted its conclusions and a document entitled "New lines for action by the European Union in combating the proliferation of weapons of mass destruction and their delivery systems", which states that proliferation of WMD and their delivery systems continue to constitute one of the greatest security challenges and that non-proliferation policy constitute an essential part of the Common and Security Policy. In the light of progress made and of ongoing efforts in the implementation of the "new lines for action", the Council agreed in December 2010 to prolong their implementation period until the end of 2012;

(5) On 18 December 2008, the Council adopted Decision 2008/974/CFSP (2) in support of the Hague Code of Conduct against Ballistic Missile Proliferation in the framework of the implementation of the EU Security Strategy against Proliferation of Weapons of Mass Destruction. That Decision allowed the successful promotion of the universality of the Code and compliance with its principles. It is a priority of the Union to continue the dialogue among subscribing and non-subscribing States with the aim of further promoting the universality of the Code as well as its better implementation and enhancement. This follow-up Decision should contribute to this process;

(6) Beyond The HCoC, the continued proliferation of ballistic missiles capable of delivering WMD constitutes a cause of growing concern for the international community, in particular ongoing missiles programmes in the Middle-East, North-East Asia and South Asia, including Iran and the Democratic People's Republic of Korea;

(7) The UN security Council emphasised in its Resolution (UNSCR) 1540 (2004) and recalled in UNSCR 1977 (2011) that the proliferation of nuclear, chemical and biological weapons, as well as their means of delivery, constituted a threat to international peace and security and obliged States, inter alia, to refrain from supporting by any means non-State actors from developing, acquiring, manufacturing, possessing, transporting, transferring or using nuclear, chemical or biological weapons and their delivery systems. The threat caused by nuclear, chemical and biological weapons and their means of delivery to international peace and security was reaffirmed in UNSCR 1887 (2009) on nuclear non-proliferation and nuclear disarmament. Furthermore, the UN Security Council decided in UNSCR 1929 (2010), based inter alia on the prior Security Council resolutions, that Iran should not undertake any activity related to ballistic missiles capable of delivering nuclear weapons, including launches using ballistic missile technology, and that States should take all necessary measures to prevent the transfer of technology or technical assistance to Iran related to such activities. This Decision should serve, more generally, to support a range of activities aimed to fight the proliferation of ballistic missiles,

HAS ADOPTED THIS DECISION:

Article 1

1. For the purposes of ensuring the continuous and practical implementation of certain elements of the EU Strategy against Proliferation of Weapons of Mass Destruction, the Union shall:

(a) support activities in support of The Hague Code of Conduct against ballistic missile proliferation, in particular with the aim to: — promoting the universality of the Code, and in particular the subscription to the Code by all States with ballistic missile capabilities; — supporting the implementation of the Code; — reinforce the visibility of the Code, in particular on the occasion of the tenth anniversary of its signature;

(b) more generally, support a range of activities to fight against the proliferation of ballistic missiles, aimed in particular at raising awareness of this threat, stepping up efforts to increase the effectiveness of multilateral instruments, building up support to initiatives to address these specific challenges and helping interested countries to reinforce nationally their relevant export control regimes.

2. In this context, the projects to be supported by the Union shall cover the following specific activities:

(a) Activities in support of the Code: — The preparation and publication of a "welcome package" for outreach activities towards non-subscribing States, also recalling obligations for subscribing States; — Organising outreach side events in Vienna in the margins of the HCoC annual meeting of subscribing states; — Organising outreach side events in support of the HCoC in the margins of the UN General Assembly First Committee; — Organising up to three regional outreach seminars based on Union priorities (possibly Asia, Gulf countries and Latin America); — Encouraging subscribing and non-subscribing States' representatives from developing countries to attend the HCoC Annual meetings and outreach seminars; — Organising awareness sessions for States having recently joined the HCoC to assist them in fulfilling their obligations, including in the margins of the HCoC annual meeting in Vienna; — Supporting the coordination of HCoC promotion efforts with the activities of the UN 1540 Committee, including through financing the participation of HCoC experts into 1540 Committee country visits; — Supporting the HCoC secure internet-based information and communication mechanism (e-ICC), including through technical enhancement of the website; — Providing financial support to activities to mark the tenth anniversary of the HCoC.

(b) Activities in support of ballistic missile non-proliferation in general: — Organising up to four seminars to raise awareness on ballistic missile proliferation in the margins of multilateral fora, possibly linked with the HCoC outreach events referred to in point (a), such as a seminar in the margins of UNGA, the Conference on Disarmament or the Non-Proliferation Treaty Preparatory committees; — Organising up to three regional seminars to raise awareness of ballistic missile proliferation and encourage discussions on perspectives to better address the ballistic missile proliferation threat at a regional level, possibly linked with other Union outreach activities on HCoC; in association with the States concerned, seminars could take place in Asia, the Gulf region and Latin America; — Providing three food-for-thought papers on possible further multilateral steps to prevent the threat of missile proliferation and to promote disarmament efforts in the field of ballistic missiles, focusing in particular on possible confidence-building measures; possible legally-binding measures on short-range and intermediate range ground-to-ground ballistic missiles; and exploring the possibility of adopting a regional focus as a first step, for instance in regions of particular interest for the Union and/or where progress can be expected in the near future; — In order to prevent dual-use technology and knowledge transfer at an early stage, organising up to three awareness-building sessions for experts, especially from the scientific and/or space communities and industry; — Encouraging access for academics from developing countries working on missile non-proliferation to projects of the European Union Centres of Excellence; — In coordination with the European Union Centres of Excellence, organising targeted expert missions in countries outside the Union in order to share information and lessons learned regarding missile technology and dual use goods related export control and help them build up their national capabilities; — Supporting experts' training on ballistic non-proliferation, through participation in Union programmes such as that of the ESDP College or in EU Member States' programmes.

Article 2

1. The High Representative of the Union for Foreign Affairs and Security Policy (HR) shall be responsible for the implementation of this Decision.

2. Technical implementation of the projects referred to in Article 1(2) shall be carried out by the Fondation pour la recherche stratégique (FRS), which shall perform this task under the responsibility of the HR. For this purpose, the HR shall enter into the necessary arrangements with the FRS.

Article 3

1. The financial reference amount for the implementation of the projects referred to in Article 1(2) shall be EUR 930 000.

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 Union budget.

3. The Commission shall supervise the proper management of the expenditure referred to in paragraph 1. For that purpose, it shall conclude a financing agreement with the FRS. The agreement shall stipulate that the FRS is to ensure visibility of the Union 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 agreement.

Article 4

1. The HR shall report to the Council on the implementation of this Decision on the basis of regular reports prepared by the FRS. Those 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 projects referred to in Article 1(2).

Article 5

1. This Decision shall enter into force on the day of its adoption.

2. This Decision shall expire 24 months after the date of the conclusion of the financing agreements referred to in Article 3(3). However, it shall expire six months after its entry into force if no financing agreement has been concluded by that time.

Done at Brussels, 23 July 2012. For the Council The President C. ASHTON

(1) OJ L 302, 20.11.2003, p. 34.

(2) OJ L 345, 23.12.2008, p. 91.