COUNCIL DECISION (CFSP) 2023/124

of 17 January 2023

in support of the Hague Code of Conduct and ballistic missile non-proliferation in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction

THE COUNCIL OF THE EUROPEAN UNION,

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

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

Whereas:

(1) On 12 December 2003, the European Council adopted the EU Strategy against Proliferation of Weapons of Mass Destruction.

(2) On 17 November 2003, the Council adopted Common Position 2003/805/CFSP (1), calling for the Union to convince as many countries as possible to subscribe to the Hague Code of Conduct, especially those with ballistic missile capabilities. That Common Position also called for the further development and implementation of the Code, especially its confidence-building measures, and for the promotion of a closer relationship between the Code and the United Nations multilateral non-proliferation system.

(3) The 2016 Global Strategy for the European Union’s Foreign and Security Policy emphasises that the Union will step up its contribution to collective security.

(4) The 2022 Strategic Compass for Security and Defence refers to the persistent threat of the proliferation of weapons of mass destruction and their means of delivery, and expresses the Union’s objective of reinforcing concrete Union actions in support of disarmament, non-proliferation and arms control goals.

(5) The Council has previously adopted four decisions in support of the Hague Code of Conduct and ballistic missile non-proliferation: Decision 2008/974/CFSP (2); Decision 2012/423/CFSP (3); Decision 2014/913/CFSP (4); and Decision (CFSP) 2017/2370 (5), as amended by Decisions (CFSP) 2020/1066 (6) and (CFSP) 2021/2074 (7),

HAS ADOPTED THIS DECISION:

Article 1 1. With a view to the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction, the Global Strategy for the European Union’s Foreign and Security Policy and the Strategic Compass for Security and Defence, the Union shall further support the universalisation, full implementation and enhancement of the Hague Code of Conduct through an operational action. 2. The objectives of the action referred to in paragraph 1 shall be to: (a) promote universal subscription to the Hague Code of Conduct; (b) promote the full implementation of the Hague Code of Conduct by subscribing states; and (c) contribute to better inserting the Hague Code of Conduct into efforts to curb the proliferation of ballistic missiles. 3. A detailed description of the action referred to in paragraph 1 is set out in the Annex.

Article 2 1. The High Representative (‘HR’) shall be responsible for the implementation of this Decision. 2. The technical implementation of the action referred to in Article 1 shall be carried out by the Fondation pour la recherche stratégique (FRS). 3. The FRS shall perform the task referred to in paragraph 2 under the responsibility of the HR. For that purpose, the HR shall enter into the necessary arrangements with the FRS.

Article 3 1. The financial reference amount for the implementation of the action referred to in Article 1 shall be EUR 1 042 614,72. 2. The expenditure financed by the reference 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 financed by the reference amount referred to in paragraph 1. For that purpose, it shall conclude a grant agreement with the FRS. The grant agreement shall stipulate that the FRS is to ensure the visibility of the Union’s contribution, appropriate to its size. 4. The Commission shall endeavour to conclude the 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 the conclusion of the agreement.

Article 4 1. The HR shall report to the Council on the implementation of this Decision on the basis of regular reports by the FRS. The reports shall form the basis of the evaluation carried out by the Council. 2. The Commission shall provide information on the financial aspects of the implementation of the action referred to in Article 1.

Article 5 1. This Decision shall enter into force on the date of its adoption. 2. This Decision shall expire 36 months after the conclusion of the agreement referred to in Article 3(3). However, it shall expire six months after the date of its entry into force if no agreement has been concluded within that period.

Done at Brussels, 17 January 2023. For the Council The President E. SVANTESSON

(1) Council Common Position 2003/805/CFSP of 17 November 2003 on the universalisation and reinforcement of multilateral agreements in the field of non-proliferation of weapons of mass destruction and means of delivery (OJ L 302, 20.11.2003, p. 34).

(2) Council Decision 2008/974/CFSP of 18 December 2008 in support of the Hague Code of Conduct against Ballistic Missile Proliferation in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction (OJ L 345, 23.12.2008, p. 91).

(3) Council Decision 2012/423/CFSP of 23 July 2012 in support of ballistic missile non-proliferation in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction and of the Council Common Position 2003/805/CFSP (OJ L 196, 24.7.2012, p. 74).

(4) Council Decision 2014/913/CFSP of 15 December 2014 in support of the Hague Code of Conduct and ballistic missile non-proliferation in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction (OJ L 360, 17.12.2014, p. 44).

(5) Council Decision (CFSP) 2017/2370 of 18 December 2017 in support of the Hague Code of Conduct and ballistic missile non-proliferation in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction (OJ L 337, 19.12.2017, p. 28).

(6) Council Decision (CFSP) 2020/1066 of 20 July 2020 amending Decision (CFSP) 2017/2370 in support of the Hague Code of Conduct and ballistic missile non-proliferation in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction (OJ L 234 I, 21.7.2020, p. 1).

(7) Council Decision (CFSP) 2021/2074 of 25 November 2021 amending Decision (CFSP) 2017/2370 in support of the Hague Code of Conduct and ballistic missile non-proliferation in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction (OJ L 421, 26.11.2021, p. 70).