EN Official Journal of the European Union L 90/12

COUNCIL DECISION (CFSP) 2017/633

of 3 April 2017

in support of the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 28(1) and 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 2001 the States participating in the United Nations (UN) Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects adopted the UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (‘the UN Programme of Action’). On 8 December 2005 the UN General Assembly adopted the International Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons (‘the International Tracing Instrument’). Both of those international instruments declare that States will cooperate, as appropriate, with the UN to support their effective implementation.

(2) On 12 July 2002 the Council adopted Joint Action 2002/589/CFSP (1).

(3) On 16 December 2005 the European Council adopted the EU Strategy to combat illicit accumulation and trafficking of SALW and their ammunition. That Strategy identifies support for the UN Programme of Action as the first priority for action at international level, and calls for the adoption of a legally binding international instrument on the tracing and marking of small arms and light weapons (‘SALW’) and their ammunition.

(4) Following the adoption of the International Tracing Instrument, the Union supported its full implementation through the adoption and implementation of Council Joint Action 2008/113/CFSP (2). The implementation of Joint Action 2008/113/CFSP was assessed positively by the Council.

(5) On 18 July 2011 the Council adopted Decision 2011/428/CSFP (3).

(6) Illicitly obtained small arms have been used for terrorist attacks in Europe.

(7) The final report of the 2016 Sixth Biennial Meeting of States (‘BMS6’) to Consider the Implementation of the UN Programme of Action notes: — the need to strengthen the tracing of SALW in conflict and post-conflict situations, including through the provision of capacity-building assistance, for the purposes of identifying and containing the flow of illicit SALW into conflict and post-conflict zones, providing early warning of destabilising flows of such weapons and preventing conflict; — the opportunity for synergies between projects designed to support implementation of the UN Programme of Action and the International Tracing Instrument and projects related to the Sustainable Development Goals; — the need to consider, at the Third Review Conference in 2018, the implications for the UN Programme of Action of recent developments in SALW manufacturing, technology and design; — the need for enhanced dialogue with industry, especially regarding the effective marking of SALW, in light of those recent developments; — the need to increase national capacity to take account of diversion risks when assessing applications for the authorisation of exports of SALW, and to put in place, where they do not exist, adequate laws, regulations and administrative procedures, consistent with the existing responsibilities of States under relevant international law, to ensure effective control over the export, transit and import of SALW, including the use of end-use certification and effective legal and enforcement measures; — that the full and effective implementation of the UN Programme of Action helps to prevent the acquisition of SALW by terrorists, thus reducing the potential impact of their attacks,

HAS ADOPTED THIS DECISION:

Article 1

1. With a view to supporting the fight against the illicit trade in SALW by minimising the risk of diversion, including through theft, loss and unauthorised re-export, of SALW to illicit markets, illegal armed groups, terrorists and other unauthorised recipients, the Union shall, by means of this Decision, pursue the following objectives:

— supporting the UN Programme of Action and the International Tracing Instrument;

— ensuring the relevance of the UN Programme of Action and the International Tracing Instrument and increasing their effectiveness;

— supporting actions towards a successful and relevant outcome of the 2018 Third UN Conference to Review Progress Made in the Implementation of the UN Programme of Action (‘RevCon3’).

2. In order to achieve the objectives referred to in paragraph 1, the Union shall, by means of this Decision, support the following:

— the preparation of RevCon3 through a series of thematic symposia and regional conferences;

— a comprehensive analysis of UN Member States' national reports on the implementation of the UN Programme of Action and the International Tracing Instrument, to be presented at RevCon3;

— a sponsorship programme for the participants of third countries;

— the provision of technical support for the RevCon3 President;

— four thematic symposia producing action-oriented findings on topics related to SALW control. The selected topics were defined as priorities in EU working papers that were submitted to UN Programme of Action meetings (BMS5 in 2014 and BMS6 in 2016) and were reflected in the outcome documents of those meetings: (i) SALW tracing and stockpile management in conflict and post-conflict situations; (ii) SALW and the 2030 Agenda for Sustainable Development, including Sustainable Development Goal 16 and the gender aspects of SALW control; (iii) recent developments in SALW manufacturing, technology and design and resulting challenges and opportunities for the implementation of the UN Programme of Action and the International Tracing Instrument; (iv) synergies between the UN Programme of Action, the Arms Trade Treaty and other relevant instruments;

— five regional conferences allowing for engagement with government representatives and regional organisations from selected regions on the outcome papers from the thematic symposia;

— analysis of national reports on the implementation of the UN Programme of Action and International Tracing Instrument with a focus on implementation challenges that give rise to opportunities for cooperation and assistance;

— strengthening the foundations for RevCon3 by means of a sponsorship programme and technical support to the RevCon3 President; and

— outreach through press statements and side events.

3. A detailed description of the project referred to in paragraph 2 is set out in the Annex to this Decision.

Article 2

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

2. The implementation of the project referred to in Article 1(2) shall be carried out by the UN Office for Disarmament Affairs (UNODA) with the assistance of the Small Arms Survey represented by the Graduate Institute of International and Development Studies (‘SAS’).

3. UNODA, assisted by SAS, shall perform its task under the responsibility of the HR. For that purpose, the HR shall enter into the necessary arrangements with UNODA.

Article 3

1. The financial reference amount for the implementation of the project referred to in Article 1(2) shall be EUR 2 798 381,56.

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 1. For that purpose, it shall conclude a financing agreement with UNODA. UNODA and SAS will be invited to reach an agreement on the reimbursement of costs incurred by SAS for its contribution to the implementation of this Decision. The agreement between the Commission and UNODA shall stipulate that UNODA and SAS are to ensure the 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

The HR shall report to the Council on the implementation of this Decision on the basis of regular reports prepared by UNODA. 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 project 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 Luxembourg, 3 April 2017. For the Council The President F. MOGHERINI

(1) Council Joint Action 2002/589/CFSP of 12 July 2002 on the European Union's contribution to combating the destabilising accumulation and spread of small arms and light weapons and repealing Joint Action 1999/34/CFSP (OJ L 191, 19.7.2002, p. 1).

(2) Council Joint Action 2008/113/CFSP of 12 February 2008 in support of the International Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons (SALW) in the framework of the EU Strategy to combat the illicit accumulation and trafficking of SALW and their ammunition (OJ L 40, 14.2.2008, p. 16).

(3) Council Decision 2011/428/CFSP of 18 July 2011 in support of United Nations Office for Disarmament Affairs activities to implement the United Nations Programme of Actions to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (OJ L 188, 19.7.2011, p. 37).