EN Official Journal of the European Union L 329/49

COUNCIL DECISION (CFSP) 2017/2302

of 12 December 2017

in support of the OPCW activities to assist clean-up operations at the former chemical weapons storage site in Libya in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1) On 20 July 2016, the Executive Council of the Organisation for the Prohibition of Chemical Weapons (OPCW) adopted Decision EC-M-52/DEC.1 on the Destruction of Libya's Remaining Chemical Weapons and requested the Director-General of the OPCW to assist Libya in developing a modified plan for the destruction of Libya's Category 2 chemical weapons.

(2) On 22 July 2016, the United Nations Security Council adopted Resolution 2298, welcoming and endorsing Decision EC-M-52/DEC.1 and requesting the Director-General of the OPCW to report to the Security Council on a regular basis until the destruction is complete and has been verified.

(3) On 27 July 2016, the OPCW Executive Council adopted Decision EC-M-52/DEC.2 on the Detailed Requirements for the Destruction of Libya's Remaining Category 2 Chemical Weapons.

(4) On 12 December 2003, the European Council adopted the EU Strategy against proliferation of Weapons of Mass Destruction (the Strategy), which underlines the crucial roles of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (CWC) and of the OPCW in creating a world free of chemical weapons.

(5) The Union is actively implementing the Strategy, and is giving effect to the measures listed in Chapter III thereof, in particular through releasing financial resources to support specific projects conducted by multilateral institutions such as the OPCW.

(6) On 1 August 2016, the OPCW Director-General issued a Note calling for voluntary contributions to the new trust fund for support to Libya (S/1400/2016).

(7) On 29 September 2017, the OPCW requested the European Union to consider timely assistance with funding of the cleaning-up of Libya's destruction and storage facilities.

(8) The Union has been a strong and consistent supporter of the OPCW in the implementation of its mandate. The EU Declaration of 7 April 2017 states that the Union will continue to support the efforts and work of the OPCW.

(9) The technical implementation of this Decision should be entrusted to the OPCW. The projects as supported by the Union can only be financed through voluntary contributions to the OPCW Technical Secretariat. Such contributions to be provided by the Union will be instrumental in enabling the OPCW to continue fulfilling the tasks as indicated in the relevant OPCW Executive Council Decisions.

(10) The supervision of the proper implementation of the Union's financial contribution should be entrusted to the Commission,

HAS ADOPTED THIS DECISION:

Article 1

1. The Union shall support the OPCW in the complete destruction of Libya's chemical weapons stockpile subject to the verification measures provided for in the CWC.

2. The project supported through this Council Decision shall contribute to costs associated with the clean-up operations of the OPCW at the former chemical weapons storage site Ruwagha in Libya.

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 the implementation of this Decision.

2. The technical implementation of the activities referred to in Article 1(2) shall be entrusted to the OPCW. It shall perform this task under the responsibility of the HR. For this purpose, the HR shall enter into the necessary arrangements with the OPCW.

Article 3

1. The financial reference amount for the implementation of the project referred to in Article 1(2) shall be EUR 3 035 590,80.

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 a financing agreement with the OPCW. The financing agreement shall stipulate that the OPCW is to ensure visibility of the Union's 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

1. The HR shall report to the Council on the implementation of this Decision on the basis of regular reports prepared by the OPCW. Those reports shall form the basis for the evaluation by the Council.

2. The Commission shall provide the Council with information on the financial aspects of the implementation of the project referred to in Article 1(2).

Article 5

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

2. It shall expire 20 months after the date of the conclusion of the financing agreement between the Commission and the OPCW referred to in Article 3(3), or it shall expire six months after its entry into force if that financing agreement has not been concluded by that time.

Done at Brussels, 12 December 2017. For the Council The President S. MIKSER