EN Official Journal of the European Union L 194/11

COUNCIL JOINT ACTION 2007/528/CFSP

of 23 July 2007

in support of the convention on prohibitions or restrictions on the use of certain conventional weapons which may be deemed to be excessively injurious or to have indiscriminate effects, in the framework of the European Security Strategy

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 14 and Article 2(1) thereof,

Whereas:

(1) On 12 December 2003, the European Council adopted a European Security Strategy which calls for an international order based on effective multilateralism. In a world of global threats, global markets and global media, the security and prosperity of the EU increasingly depend on an effective multilateral system. The development of a stronger international society, well functioning international institutions and a rule-based international order is an objective of the EU.

(2) The European Security Strategy acknowledges the United Nations Charter as the fundamental framework for international relations. Strengthening the United Nations, equipping it to fulfil its responsibilities and to act effectively, is a European priority.

(3) The 1980 United Nations convention on prohibitions or restrictions on the use of certain conventional weapons which may be deemed to be excessively injurious or to have indiscriminate effects, concluded at Geneva on 10 October 1980, as amended on 21 December 2001, is also known as the Convention on Certain Conventional Weapons (hereinafter ‘CCW’) and it regulates the use in armed conflict of certain conventional arms deemed to cause excessive suffering to combatants or indiscriminate harm to civilian populations. The CCW is based upon the principle of international law that the right of the parties to an armed conflict to choose methods or means of warfare is not unlimited, and on the principle that prohibits the use in armed conflicts of weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering.

(4) On 6 December 2006, the United Nations General Assembly adopted a resolution on the CCW in which it calls upon all States that have not yet done so to take all measures to become parties, as soon as possible, to the CCW and the Protocols annexed thereto, as amended, with a view to achieving the widest possible adherence to those instruments at an early date, and so as to ultimately achieve their universality.

(5) The most recent of the Protocols annexed to the CCW, Protocol V on Explosive Remnants of War was adopted on 28 November 2003 by the Meeting of the States Parties to the CCW (Protocol V). The Protocol V, which is the first multilaterally negotiated instrument to deal with the problem of unexploded and abandoned ordnance, is intended to eradicate the daily threat that such legacies of wars pose to populations in need for development and to humanitarian aid workers operating in the field to help them. Since its adoption, 32 States have thus far notified the UN Secretary-General, as depositary of the CCW, of their consent to be bound by Protocol V. Pursuant to Article 5 paragraph 3 of the CCW, Protocol V entered into force on 12 November 2006. The entry into force of Protocol V demonstrates that the CCW has the potential of being a dynamic instrument responsive to advancements in weapons technology and developments in the nature and conduct of armed conflict.

(6) Despite great progress towards universal adherence, almost half of the UN Member States have not yet ratified or otherwise acceded to the CCW and its annexed Protocols. The rate of adherence remains low in Africa, Asia, in particular South-East Asia, and the Middle East. However, half of the States not yet Party to the CCW are affected by mines and Explosive Remnants of War (ERW). Universalisation of the CCW and all its annexed Protocols will remain a priority objective among States Parties in the period from 2006 to 2011.

(7) The third Review Conference of the States Parties of the CCW, held in Geneva from 7 to 17 November 2006 adopted a Plan of Action to Promote the Universality of the CCW, which sets the goals of strengthening the implementation of the CCW and its annexed Protocols, promoting universalisation and enhanced cooperation among States Parties, as well as a Sponsorship Programme.

(8) The Plan of Action to Promote the Universality of the CCW identifies the important role to be played by the Regional Centres for Peace and Disarmament of the UN, as well as by regional organisations as appropriate, in coordinating regional actions in accordance with the characteristics of each region, mostly in those where acceptance of the CCW remains low.

(9) 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 Community, in order to enhance their cooperation, including programmatic partnership,

HAS ADOPTED THIS JOINT ACTION:

Article 1

1. For the purpose of supporting the Plan of Action to Promote Universality of the CCW adopted by the States Parties to the CCW at the third Review Conference, the European Union shall support the CCW, with the following objectives:

(i) promotion of the universality of the CCW and its annexed protocols;

(ii) support to the implementation of the CCW by States Parties.

2. For achieving the objectives referred to in paragraph 1, the EU will undertake the following measures:

(a) organisation of an opening workshop, up to seven regional seminars and a closing meeting, aiming at increasing the membership of the CCW, including publications in all UN official languages and any other language if required;

(b) a financial contribution to the Sponsorship Programme, adopted at the third Review Conference of the States Parties to the CCW.

A detailed description of the measures referred to in paragraph 2 is set out in the Annex hereto.

Article 2

1. The Presidency, assisted by the Secretary-General/High Representative (SG/HR), shall be responsible for the implementation of this Joint Action. The Commission shall be fully associated.

2. The technical implementation of the measures referred to in Article 1(2) shall be carried out by:

(a) the United Nations Office for Disarmament Affairs (UN-ODA), for the opening workshop, the closing meeting, the regional seminars and the publications;

(b) the Geneva International Centre for Humanitarian Demining (GICHD), for the contribution to the Sponsorship Programme, in accordance with the Decision of third Review Conference of the States Parties to the CCW.

Both of them shall perform their tasks under the control of the SG/HR, assisting the Presidency. For this purpose the SG/HR shall enter into the necessary arrangements with the UN-ODA and the GICHD.

3. The Presidency, the SG/HR and the Commission shall keep each other regularly informed about the implementation of this Joint Action, in conformity with their respective competences.

Article 3

1. The financial reference amount for the implementation of the measures referred to in Article 1(2) shall be EUR 828 000 to be funded from the 2007 general budget of the European Communities.

2. The expenditure financed by the amount stipulated in paragraph 1 shall be managed in accordance with the Community procedures and rules applicable to the general budget of the European Communities.

3. The Commission shall supervise the proper management of the expenditure referred to in paragraph 2, which shall take the form of a grant. For this purpose, the Commission shall conclude financing agreements with the UN-ODA and the GICHD. The financing agreements shall stipulate that the UN-ODA and the GICHD are to ensure visibility of the EU contribution, appropriate to its size.

4. The Commission shall endeavour to conclude the financing agreements referred to in paragraph 3 as soon as possible after the entry into force of this Joint Action. It shall inform the Council of any difficulties in that process and of the date of conclusion of the financing agreements.

Article 4

The Presidency, assisted by the SG/HR, shall report to the Council on the implementation of this Joint Action on the basis of bi-monthly reports prepared by the UN-ODA and the GICHD. These reports will form the basis for the evaluation carried out by the Council. The Commission shall be fully associated. It shall report on the financial aspects of the implementation of this Joint Action.

Article 5

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

It shall expire 18 months after the date of conclusion of the last of the two financing agreements referred to in Article 3(3) or 12 months after the date of its adoption if no financing agreement has been concluded within that period.

Article 6

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

Done at Brussels, 23 July 2007. For the Council The President L. AMADO