EN Official Journal of the European Union L 165/30

COUNCIL JOINT ACTION 2006/419/CFSP

of 12 June 2006

in support of the implementation of the United Nations Security Council Resolution 1540 (2004) and in the framework of the implementation of the EU Strategy against the Proliferation of Weapons of Mass Destruction

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 14 thereof,

Whereas:

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

(2) The EU is actively implementing this 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, providing technical assistance and expertise to States in need of a wide range of non-proliferation measures and fostering the role of the United Nations Security Council (UNSC).

(3) On 28 April 2004 the UNSC unanimously adopted Resolution 1540, which is the first international instrument that deals with Weapons of Mass Destruction, their means of delivery and related materials in an integrated and comprehensive manner. It establishes binding obligations for all States aimed at preventing and deterring non-State actors from accessing such weapons and weapon-related material.

(4) UNSC Resolution 1540 (2004) called upon States to present a report to the Committee of the Security Council established by UNSC Resolution 1540 (2004) (hereafter 1540 Committee) on steps they have taken or intend to take to implement the Resolution. Consequently, on 28 October 2004 the Presidency submitted, on behalf of the EU, the European Union Report on the implementation of UNSC Resolution 1540 (2004), while the EU Member States submitted their reports individually.

(5) The EU has carried out démarches to third States to promote the submission of national reports under UNSC Resolution 1540 (2004). Preparation of the national reports requires considerable effort and technical knowledge on behalf of these States. Therefore technical assistance and an exchange of experience gained from the process of drafting national reports and from the adoption of measures to implement UNSC Resolution 1540 (2004) can directly contribute to increased compliance with the reporting obligation under the Resolution and to its actual implementation.

(6) On 27 April 2006 the UN Security Council unanimously adopted Resolution 1673 (2006), which extended the mandate of the 1540 Committee for a period of two years, and decided that the Committee should intensify its efforts to promote the full implementation of UNSC Resolution 1540 (2004) through a work programme, outreach, assistance and cooperation. It also invited the 1540 Committee to explore with States and international, regional and sub-regional organisations the possibility of sharing experience and lessons learned, and the availability of programmes which might facilitate the implementation of UNSC Resolution 1540 (2004).

(7) The 1540 Committee's report recommended that the regional and sub-regional outreach activities be widened and intensified with a view to providing States, in a structured manner, with guidance for implementing the obligations under UN Security Council Resolution 1540 (2004), taking into account the fact that 62 States have yet to submit their first national report and that 55 States which have submitted their first national report have yet to submit additional information and clarification requested by the 1540 Committee.

(8) The 1540 Committee's report also concluded that apart from the non-submitting States, 32 States requested assistance in their national reports for implementing UNSC Resolution 1540 (2004).

(9) On 9 June 2004 the Security Council assigned to the UN Department for Disarmament Affairs (UN Secretariat) the task of providing substantive and logistical support to the 1540 Committee and its experts.

(10) The Financial and Administrative Framework Agreement, concluded between the European Community, on the one hand, and the UN, on the other hand, sets out a framework for the UN and the European Community in order to enhance their cooperation, including programmatic partnership. This Framework Agreement is to be implemented by the contribution-specific agreement, as specified in this Joint Action.

(11) The Commission is entrusted with supervising the proper implementation of the EU financial contribution,

HAS ADOPTED THIS JOINT ACTION:

Article 1

1. In line with the EU Strategy against the Proliferation of Weapons of Mass Destruction, which sets the objective of fostering the role of the UN Security Council and of enhancing its expertise in meeting the challenges of proliferation, the EU shall support the implementation of UNSC Resolution 1540 (2004).

2. The projects in support of UNSC Resolution 1540 (2004), corresponding to measures of the EU Strategy, aim at:

— raising awareness of the requirements related to UNSC Resolution 1540 (2004) and the importance of this international non-proliferation instrument,

— contributing to strengthening third States' national administration capacities in three regions (Asia-Pacific, Africa and Latin America-Caribbean) in drafting national reports on the implementation of UNSC Resolution 1540 (2004).

A detailed description of the projects is set out in the Annex.

Article 2

1. The Presidency, assisted by the Secretary-General of the Council/High Representative for the CFSP, shall be responsible for implementing this Joint Action. The Commission shall be fully associated.

2. The Commission shall supervise the proper implementation of the financial contribution referred to in Article 3.

3. The technical implementation of the projects referred to in Article 1(2) shall be entrusted to the UN Secretariat (Department for Disarmament Affairs) (hereafter UN Secretariat (DDA)). In this capacity, it shall perform this task under the responsibility of the Presidency and under the control of the SG/HR. For this purpose, the SG/HR shall enter into the necessary arrangements with the UN Secretariat (DDA).

Article 3

1. The financial reference amount for the implementation of the projects referred to in Article 1(2) shall be EUR 195 000.

2. The management of the expenditure financed by the general budget of the European Union specified in paragraph 1 shall be subject to the procedures and rules of the Community applying to budget matters with the proviso that any pre-financing does not remain the property of the Community.

3. For the purpose of implementing the expenditure referred to in paragraph 1, the Commission shall conclude a contribution-specific agreement with the UN Secretariat (DDA) in accordance with the Regulations and Rules of the Organisation. It shall stipulate that the UN Secretariat (DDA) is to ensure visibility of the EU contribution, appropriate to its size.

Article 4

The Presidency, assisted by the Secretary-General of the Council/High Representative for the CFSP, shall report to the Council on the implementation of this Joint Action on the basis of regular reports prepared by the UN Secretariat (DDA). The Commission shall be fully associated and shall provide information on the financial aspects of the implementation of the projects referred to in Article 1(2).

Article 5

This Joint Action shall enter into force on the day of its adoption.

It shall expire on 12 June 2008.

Article 6

This Joint Action shall be published in the Official Journal of the European Union.

Done at Luxembourg, 12 June 2006. For the Council The President U. PLASSNIK