EN Official Journal of the European Union L 204/101

COUNCIL DECISION (CFSP) 2017/1428

of 4 August 2017

in support of the implementation of the Maputo Action Plan for the implementation of the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction

THE COUNCIL OF THE EUROPEAN UNION,

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

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

Whereas:

(1) The European Union should work towards a high degree of cooperation in all fields of international relations, in order, inter alia, to preserve peace, prevent conflicts and strengthen international security, in accordance with the purposes and principles of the United Nations Charter.

(2) On 12 December 2003 the European Council adopted a European Security Strategy identifying global challenges and threats, and calling for a rule-based international order based on effective multilateralism and well-functioning international institutions.

(3) The Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction (‘the Convention’) entered into force on 1 March 1999. It constitutes the only comprehensive international instrument dealing with all aspects of anti-personnel landmines, including their use, stockpiling, production, trade, clearance and victim assistance. Since 1 June 2013, all Member States are party to the Convention and on 1 September 2016, 162 states have expressed their consent to be bound by it.

(4) On 23 June 2008, the Council adopted Joint Action 2008/487/CFSP (1) in support of the universalisation and implementation of the Convention.

(5) On 3 December 2009, at the second Review Conference of the Convention, the States Parties to the Convention adopted the Cartagena Action Plan 2010-2014 on the universalisation and implementation of all aspects of the Convention. They also adopted the ‘Directive of the States Parties to the Implementation Support Unit’ in which the States Parties agreed that the Convention's Implementation Support Unit (‘ISU’) should provide advice and technical support to States Parties on the implementation and universalisation of the Convention, facilitate communication among the States Parties, and promote communication and information sharing regarding the Convention both to non-party States and to the public. At their 14th meeting in 2015, the States Parties adopted a decision on strengthening financial governance and transparency within the ISU, setting out the conditions for the ISU to undertake activities or projects that do not feature in its yearly budget, including at the invitation of States Parties and non-signatory states.

(6) On 13 November 2012 the Council adopted Decision 2012/700/CFSP (2) in support of the implementation of the Cartagena Action Plan 2010-2014.

(7) At the Third Review Conference of the Convention held in Maputo, Mozambique, in June 2014, the States Parties adopted the Maputo Action Plan aiming to make significant and sustainable progress towards implementation of the Convention in the period before the next Review Conference (2014-2019) and made a joint declaration to aspire to meet the goals of the Convention ‘to the fullest extent possible by 2025’.

(8) In its conclusions of 16 and 17 June 2014 at the Third Review Conference of the Convention, the Council of the European Union recalled the Union's unity in pursuing the objectives of the Convention, with all 28 Member States now States Parties, and that the Union and its Member States have a long history of support for mine clearance and the destruction of stockpiled anti-personnel mines, as well as for assistance to victims of antipersonnel mines. The conclusions reiterated the Union's unwavering support to States Parties in their full and effective implementation of the Convention, and its commitment to promote universalisation of the Convention, to provide resources to fund mine action, and concrete and sustainable assistance to anti-personnel mine victims, their families and communities,

HAS ADOPTED THIS DECISION:

Article 1

1. To contribute to human security by supporting the implementation of the Maputo Action Plan 2014-2019 adopted by the States Parties at the Third Review Conference of the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction (‘the Convention’), in the framework of the European Security Strategy and in accordance with relevant decisions of the international community, the European Union pursues the following objectives:

(a) support efforts of States Parties to the Convention to implement the mine clearance aspects of the Maputo Action Plan;

(b) support efforts of States Parties to the Convention to implement the victim assistance aspects of the Maputo Action Plan;

(c) promotion of the universalisation of the Convention;

(d) support efforts of States Parties to the Convention to implement the stockpile destruction aspects of the Maputo Action Plan;

(e) demonstrate the ongoing commitment of the Union and its Member States to the Convention and their resolve to cooperate with and extend assistance to those States that need support in meeting their commitments under the Convention, and enhance the leading role of the Union in pursuing the Convention's vision of a conclusive end to the suffering and casualties caused by anti-personnel mines.

2. All the objectives referred to in paragraph 1 shall be pursued in such a way that they reinforce the Convention's tradition of partnership and collaboration between States, non-governmental and other organisations, including representatives from mine-affected communities. All actions will incorporate gender and diversity aspects at the design, management and implementation levels.

3. In order to achieve the objectives referred to in paragraph 1, the Union shall support the following projects:

(a) mine clearance: providing support for the implementation of Action III of the Maputo Action Plan, including by means of facilitating and strengthening national planning and reporting in up to five affected States Parties that have upcoming mine clearance deadlines in 2018, 2019, 2020 and beyond;

(b) victim assistance: providing support for the implementation of the Victim Assistance actions of the Maputo Action Plan in up to five affected States Parties. The project will support States Parties to embed the victim assistance aspects of the Maputo Action Plan in an integrated policy linked with national policies on human rights and the rights of persons with disabilities. The project aims to empower mine victims to become active agents in their own development;

(c) in order to promote universalisation of the Convention, the project will support the Presidency of the Convention and a high level task force to engage states that are not parties to the Convention at a high level. The study on border security initiated under the Decision 2012/700/CFSP will be further developed;

(d) stockpile destruction: support for the implementation of the Stockpile Destruction actions of the Maputo Action Plan;

(e) in order to demonstrate the commitment of the Union and ensure its visibility, a launch event will be held to promote this Decision and Union support for mine action in general, and a wrap-up event will be organised to publicise the activities provided for in this Decision and their outcomes, thereby underlining the Union's contribution.

4. To meet the objectives referred to in paragraph 1, a detailed description of the measures to be undertaken is set out in the Annex.

Article 2

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

2. The technical implementation of the projects referred to in Article 1(3) shall be carried out by the ISU, represented by the Geneva International Centre for Humanitarian Demining (‘GICHD’).

3. The ISU shall perform these tasks under the responsibility of the High Representative. For that purpose, the High Representative will enter into the necessary arrangements with the GICHD.

Article 3

1. The financial reference amount for the implementation of the measures referred to in Article 1(3) shall be EUR 2 303 274,47.

2. The expenditure financed by the amount stipulated 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 this purpose, it shall conclude a financing agreement with the GICHD, stipulating that the ISU 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 the process and of the date of conclusion of the financing agreement.

5. The ISU shall perform the tasks referred to in Article 2 in accordance with the decision on strengthening financial governance and transparency within the ISU, taken at the 14th meeting of States Parties of the Convention in 2015 (3).

Article 4

The High Representative shall report to the Council on the implementation of this Decision on the basis of regular reports to be prepared by the ISU. Those reports shall form the basis for the evaluation by the Council. The Commission shall provide information on the financial aspects of the implementation of this Decision.

Article 5

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

It shall expire 36 months after the date of conclusion of the financing agreement referred to in Article 3(3) or 6 months after the date of its adoption if no financing agreement has been concluded within that period.

Done at Brussels, 4 August 2017. For the Council The President M. MAASIKAS

(1) Council Joint Action 2008/487/CFSP of 23 June 2008 in support of the universalisation and implementation of the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, in the framework of the European Security Strategy (OJ L 165, 26.6.2008, p. 41).

(2) Council Decision 2012/700/CFSP of 13 November 2012 in the framework of the European Security Strategy in support of the implementation of the Cartagena Action Plan 2010-2014, adopted by the States Parties to the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction (OJ L 314, 14.11.2012, p. 40).

(3) APLC/MSP.14/2015/L.1 — http://www.apminebanconvention.org/fileadmin/APMBC/MSP/14MSP/ISU_Financing_Decision_Draft_30Nov2015.pdf