EN Official Journal of the European Union L 297/29

COUNCIL DECISION 2012/662/CFSP

of 25 October 2012

in support of activities to reduce the risk of illicit trade in, and excessive accumulation of, Small Arms and Light Weapons in the region covered by the Organisation for Security and Cooperation in Europe (OSCE)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 26(2) thereof,

Whereas:

(1) On 15-16 December 2005, the European Council adopted the EU Strategy to combat the illicit accumulation of and trafficking in small arms and light weapons (SALW) and their ammunition (EU SALW Strategy). That Strategy underlined that, in order to minimise the risk posed by the illicit trade in and excessive accumulation of SALW, particular attention should be paid to the enormous accumulations of SALW stockpiled in Eastern and South-Eastern Europe, and the ways by which they are disseminated in conflict zones.

(2) The EU SALW Strategy identifies among its objectives the fostering of effective multilateralism so as to forge mechanisms, whether international, regional or within the Union and its Member States, for countering the supply and destabilising spread of SALW and their ammunition. In its Action Plan, the Strategy singles out the Organisation for Security and Cooperation in Europe (OSCE) as one of the regional organisations with which cooperation should be developed. In particular it contains dedicated provisions on the support to be provided to the OSCE action to combat the illicit trade in SALW and their ammunition and the destruction of OSCE Participating States' (‘Participating States’) surplus stocks.

(3) On 24 November 2000, the Participating States adopted the OSCE SALW Document that committed them to establishing and implementing effective national controls on transfers of SALW, including export and brokering controls. That Document also emphasises the destabilising effects that the excessive accumulation of SALW and poor stockpile management and security can have on national, regional and international security. It identifies destruction as the preferred method for the disposal of surplus SALW.

(4) On 26 May 2010, Participating States adopted the OSCE Plan of Action on SALW, where reference is made, inter alia, to the need to establish or reinforce the legal framework of Participating States for lawful brokering activities, to strengthen commitments on the stockpile management and security of SALW, and to strengthen Participating States’ commitment to destroy surplus and illicit SALW, and means to improve their capacity for the destruction of surplus and illicit SALW.

(5) On 23 June 2003, the Council adopted Common Position 2003/468/CFSP on the control of arms brokering (1), requiring Member States to take all necessary measures, including a clear legal framework for lawful brokering activities, to control brokering activities taking place within their territory, and encouraging them to consider controlling brokering activities outside of their territory carried out by brokers of their nationality resident or established in their territory.

(6) On 8 December 2008, the Council adopted Common Position 2008/944/CFSP defining common rules governing control of exports of military technology and equipment (2). Common Position 2008/944/CFSP establishes a set of criteria that guide Member States in the assessment of conventional arms export, re-export and brokering applications. It requires Member States to use their best endeavours to encourage other States, which export military technology or equipment, to apply the criteria of that Common Position,

HAS ADOPTED THIS DECISION:

Article 1

1. For the purpose of promoting peace and security, and effective multilateralism at global and regional levels, the Union shall pursue the following objectives:

— enhancing peace and security in the neighbourhood of the Union, by reducing the threat posed by the illicit trade and excessive accumulation of SALW in the OSCE region,

— supporting effective multilateralism at regional level by encouraging the action of the OSCE to prevent the excessive accumulation of, and the illicit trade in, SALW and their ammunition.

2. In order to achieve the objective referred to in paragraph 1, the Union shall undertake the following projects:

— organising a regional training workshop for relevant Participating States' officials responsible for brokering controls on SALW,

— security upgrades to SALW stockpile storage sites in Belarus and Kyrgyzstan,

— the destruction of surplus SALW in Belarus and Kyrgyzstan to prevent their diversion to illegal trade,

— the introduction of a SALW inventory management application to improve stockpile, record keeping, and tracing of SALW and conventional ammunition in several Participating States.

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

Article 2

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

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

(a) the OSCE Secretariat shall implement: — the regional training workshop for relevant Participating States' officials on brokering controls on SALW, — the security upgrades to stockpile depots of conventional weapons and ammunition in Kyrgyzstan, — the destruction of surplus SALW in Belarus and Kyrgyzstan to prevent their diversion to illegal trade, and — the introduction of SALW inventory software to improve stockpile management, record keeping and tracing of weapons;

(b) the United Nations Development Programme Office in Belarus (UNDP Belarus Office) shall implement security upgrades to stockpile depots of conventional weapons and ammunition in Belarus.

3. The OSCE Secretariat and the UNDP Belarus Office shall perform their tasks under the responsibility of the HR. For this purpose, the HR shall enter into the necessary arrangements with the OSCE Secretariat and the UNDP Belarus Office.

Article 3

1. The financial reference amount for the implementation of the projects referred to in Article 1(2) shall be EUR 1 680 000.

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 this purpose, it shall conclude financing agreements with the OSCE Secretariat and the UNDP Belarus Office. The agreements shall stipulate that the OSCE Secretariat and the UNDP Belarus Office have the obligation to ensure the visibility of the Union 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 Decision. It shall inform the Council of any difficulties in that process and of the date of conclusion of the financing agreements.

Article 4

The HR shall report to the Council on the implementation of this Decision on the basis of regular reports prepared by the OSCE Secretariat and the UNDP Belarus Office. These reports shall form the basis for the evaluation carried out by the Council.

The Commission shall provide information on the financial aspects of the implementation of the projects 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 36 months after the date of conclusion of the financing agreements 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 Luxembourg, 25 October 2012. For the Council The President E. MAVROU

(1) OJ L 156, 25.6.2003, p. 79.

(2) OJ L 335, 13.12.2008, p. 99.