ANNEX

1. General Framework and Objectives

Space assets, operated by an increasing number of governmental and non-governmental entities, offer the world enormous benefits unimaginable just a few decades ago. Today these benefits are accompanied by significant challenges stemming from dangerous orbital debris and thus the potential of destructive collisions, the crowding of satellites in geo-stationary orbit, the growing saturation of the radio-frequency spectrum, as well as the threat of purposeful disruption. These challenges call for the serious involvement of all states to ensure greater safety and security in outer space.

Following UN General Assembly Resolutions 61/75 of 6 December 2006 and 62/43 of 5 December 2007 on transparency and confidence-building measures in outer-space activities and in response to the request by the UN Secretary-General to UN members for 'concrete proposals' on TCBMs, the Union introduced in September 2007 the proposal for a voluntary Code of Conduct. Initial consultations with third states were launched and the first draft 'Code of Conduct for outer-space activities' was approved by the Council on 8-9 December 2008. In the light of further consultations with interested states, the Council endorsed on 27 September 2010 a revised version of the draft Code of Conduct and gave a mandate to the High Representative of the Union for Foreign Affairs and Security Policy (HR) to carry out further and wider consultations with a view to establishing a text for a Code of Conduct that is acceptable to the greatest number of states and its adoption.

In carrying out that mandate, consultations continued and a revised version of the Code of Conduct was formally presented to the international community at a multilateral meeting held on 5 June 2012 in Vienna. Subsequently, a process of OEC on the draft text was initiated, with the aim of making the process more transparent and inclusive. Three rounds of consultations were held, the latter two on revised versions of the text: on 16-17 May 2013 in Kyiv, on 20-22 November 2013 in Bangkok and, finally, on 27-28 May 2014 in Luxembourg. Each of these meetings was attended by participants from more than 60 states, and altogether included participants from more than 80 states.

At the end of the OEC held in Luxembourg on 27-28 May 2014, the Chair concluded that the process of three rounds of OEC held by the EEAS with the involvement of the UNIDIR in 2013-2014 had played a valuable role in developing a better mutual understanding of positions and concerns among the participating states. A strong desire had been expressed by many participants in Luxembourg to move the process promptly from a consultative to a negotiating phase, in which the draft text of the Code of Conduct, developed in the OEC process, to which many states had contributed and which remained open to further changes, could serve as the basis for future multilateral negotiations. A number of participants had noted the need for some kind of UN endorsement. Following the OEC held in Luxembourg, the Union would produce a new draft of the Code of Conduct and remained ready to reflect and consult on how it could further support the future multilateral negotiations, as well as subscription to, and implementation of the future Code of Conduct.

The UN General Assembly, in light of the Secretary General's report requested by resolution 61/75, voted on 8 December 2010 resolution 65/68, in which it asked the Secretary-General to establish a Group of Governmental Experts (GGE) on transparency and confidence building measures in outer-space activities to prepare a study on TCBMs. The Union, which considers that a Code of Conduct could be a contribution to TCBMs, has briefed the UN GGE on progress regarding the work on the Code of Conduct, during the GGEs three meetings in July 2012, April 2013 and July 2013. The UN GGE finalised its study and recommendations in July 2013. It recommended that states and international organisations, on a voluntary basis and without prejudice to the implementation of obligations deriving from existing legal commitments, consider and implement the TCBMs described in the GGE's report and endorsed efforts to pursue political commitments, for example, in the form of unilateral declarations, bilateral commitments or a multilateral code of conduct, to encourage responsible actions in, and the peaceful use of, outer space. GGE concluded that voluntary political measures can form the basis for consideration of concepts and proposals for legally binding obligations.

On 5 December 2013, the UN General Assembly adopted by consensus Resolution A/RES/68/50 on transparency and confidence-building measures in outer-space activities, welcoming the report of the UN Secretary-General containing the study of the GGE and noting the presentation by the Union of the draft Code of Conduct. The Resolution further encourages UN Member States to review and implement the TCBMs proposed by the GGE and requests the Secretary-General to circulate the report to the relevant entities and organisations of the UN in order that they may assist in effectively implementing the conclusions and recommendations contained in the report. Relevant UN entities and organisations are further encouraged to coordinate on matters related to the recommendations contained in the report.

Since the initial presentation of the draft Code of Conduct to the international community in June 2012, activities under Decision 2012/281/CFSP 'in support of the Union proposal for an international Code of Conduct for outer-space activities' have been instrumental in raising awareness on the Code of Conduct and in supporting the multilateral process. Under the contribution agreement signed in June 2012, UNIDIR organised a series of regional seminars (in Kuala Lumpur, Addis Ababa, Mexico City and Astana) and supported four larger multilateral meetings held by the EEAS in Vienna, Kyiv, Bangkok and Luxembourg. All these meetings were supported by travel sponsorship to facilitate participation by officials and experts.

Decision 2012/281/CFSP has supported the dissemination of information and exchange of views on the Code of Conduct and resulted in increased awareness and understanding of the Code within regions, as well as internationally, among experts and policy makers. It has helped the Union to demonstrate its commitment to manage the process towards the adoption of the Code of Conduct as a transparent and inclusive process. The meetings organised under the that Decision have also served as a platform to engage with those states that have remained critical towards the Code of Conduct, encouraging them to articulate their concerns in a multilateral setting with the possibility of counter-argument and debate.

Considering the momentum gained in the process of discussions on the Code of Conduct and, in particular, the key development of the UN GGE endorsement, the adoption by consensus of UNGA Resolution A/RES/68/50 and the outcome of the OEC held in Luxembourg on 27-28 May 2014, the Union should continue actively to support the creation of TCBMs in outer-space activities by continuing to promote and work towards the adoption of the Code of Conduct.

For this purpose, and drawing from the experience under Decision 2012/281/CFSP, the Union should support the following activities:

— continue to enhance awareness, knowledge and understanding of TCBMs as proposed by the GGE report, including the proposal of an international Code of Conduct and the process led by the European Union.

— continue to provide a framework for the multilateral process on the proposal of an international Code of Conduct for outer-space activities, that will enable the international community to continue to engage with a view to building the widest possible consensus for adoption of the Code of Conduct, through supporting multilateral meetings for negotiations on the draft Code of Conduct, as well as for its formal adoption.

2. Projects

a. Project 1: Outreach: Promotion of political commitments to encourage responsible actions in and the peaceful use of, outer space, including the proposal for an international Code of Conduct for outer-space activities 1. Project Purpose 1. Through the organisation of outreach events, to engage with stakeholders to expand upon existing awareness, knowledge and understanding of efforts to pursue political commitments to encourage responsible actions in, and the peaceful use of, outer space, including the proposal for an international Code of Conduct for outer-space activities, in the context of promoting TCBMs in outer-space activities. 2. Project Results/Implementation indicators 1. At least three outreach events have been held in the margins of international conferences, leading to enhanced awareness, knowledge and understanding by the relevant stakeholders of TCBMs, including in the proposed international Code of Conduct, including the requirements for practical implementation. 2. Four regional or sub-regional seminars have been held with attendance of at least a majority of states from the relevant regions. 3. An enhanced climate for political progress, as reflected in an attendance of the multilateral meetings envisaged under project 2 that is higher than the attendance of the OEC on the Code of Conduct (61 states) supported under Decision 2012/281/CFSP. 3. Project Description 1. Up to four regional or sub-regional seminars are envisaged for discussion on TCBMs with a focus on the future Code of Conduct and its practical operation, including national planning for implementation, leading up to the Code of Conduct being opened for subscription. 2. Organisation of up to four small outreach events organised at regional and/or international level, for example in the margins of the UN General Assembly or Conference on Disarmament, to promote and support the next stage of the process. 3. The decision on the venues will be taken by the HR, where possible in consultation with the EU Member States, based on proposals by the implementing entity.

b. Project 2: Organisation of up to three multilateral meetings involving all interested states to facilitate negotiations on the basis of the draft text developed through the OEC for an international Code of Conduct with a view to achieving its conclusion and formal adoption 1. Project Purpose 1. As an implementation of the recommendations contained in the report of the UN GGE, to bring together representatives from interested states and other parties for negotiations on the proposal for an international Code of Conduct for outer-space activities, with a view to the adoption of the Code of Conduct. 2. Project Results/Implementation indicators 1. The achievement of a diplomatic process that has allowed negotiations on the proposal for a Code of Conduct, including the holding of a negotiating conference and a subscription conference. 2. Broad international support for the proposal for a Code of Conduct enabling its adoption by the international community by the first half of 2016. 3. Project Description 1. Organisation of up to three open-ended multilateral meetings to which UN Member States and relevant organisations will be invited, including: (a) up to two negotiating conferences that will allow the international community to engage on the draft Code of Conduct, as developed in the process of OEC, with a view to finalising the text; (b) a conference for the subscription to the Code of Conduct. 2. The decision on the venues will be taken by the HR, where possible in consultation with the EU Member States, based on proposals by the implementing entity.

3. Procedural aspects and coordination

a. The implementation of the projects will be initiated by a Steering Committee with an objective of determining procedures and modalities for cooperation. The Steering Committee shall review the implementation of the projects regularly, at least once per six months, including through the use of electronic and VTC means.

b. The Steering Committee will be composed of representatives of the High Representative, UNODA, UNIDIR and relevant UN institutions, as appropriate.

c. On the basis of a proposals submitted by UNODA and UNIDIR, the location and structural composition of workshops and meetings of this project will be decided by the HR, where possible in consultation with the EU Member States.

4. Reporting and Assessment

a. The implementing entities shall submit to the HR a narrative and financial report at the end of the first year of the project, endeavouring to coincide with the UN reporting cycles.

b. The implementing entities will submit the HR a final report at the completion of the project.

c. The implementing entities progress and situation reports, publications, press releases and updates will be communicated to the HR and the European Commission as and when they are issued.

5. Duration

The estimated implementation period for this project is 24 months.

6. Beneficiaries

a. UN Member States.

b. Non-governmental stakeholders including civil society and industry.

7. Third Party Representatives

a. In order to promote regional ownership of the international Code of Conduct on space activities, the participation of non-EU experts, including those from relevant regional and international organisations, may be funded by this decision.

b. Participation of UNODA, UNIDIR and the UNOOSA representatives in activities related to this decision will be funded, as required.

8. Implementing Entity

a. The technical implementation of this Decision will be entrusted to the UNODA for the implementation of subproject 3.2 (outreach events) of project 1, as well as project 2, and to the UNIDIR for the implementation of subproject 3.1 (regional and sub-regional seminars) of project 1.