EN Official Journal of the European Union L 302/29

COUNCIL JOINT ACTION 2008/858/CFSP

of 10 November 2008

in support of the Biological and Toxin Weapons Convention (BTWC), 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 (hereinafter referred to as the EU Strategy), Chapter III of which contains a list of measures to combat such proliferation.

(2) The European Union (EU) is actively implementing the EU Strategy and is giving effect to the measures listed in Chapter III thereof, in particular those relating to the reinforcement, implementation and universalisation of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction (hereinafter referred to as the BTWC).

(3) In this regard, Council Joint Action 2006/184/CFSP of 27 February 2006 in support of the BTWC, in the framework of the EU Strategy against the Proliferation of Weapons of Mass Destruction (1), has achieved substantial results in terms of universality and national implementation, since seven more States have subsequently become States Parties to the BTWC and two States have benefited from the legal assistance provided by EU experts.

(4) Equally, the priorities and measures set out in Council Common Position 2006/242/CFSP of 20 March 2006 relating to the 2006 Review Conference of the Biological and Toxin Weapons Convention (BTWC) (2), in particular support for the Inter-Sessional Process, national implementation, Confidence-Building Measures (CBMs) and universality, continue to guide EU actions, including assistance and outreach projects. Those aspects of that Common Position which gained a consensus among the States Parties to the BTWC (hereinafter referred to as the States Parties) and which are reflected in the Final Document of the Sixth Review Conference of the BTWC (hereinafter referred to as the Sixth Review Conference), are of particular relevance for the EU’s initiatives in support of the BTWC.

(5) The EU should also help States Parties to benefit from the expertise that the Member States have acquired with regard to the confidence-building process and transparency in the framework of the BTWC, in particular through the Action Plan on biological and toxin weapons adopted by the Council on 20 March 2006, which provides for regular submission of CBM declarations by the Member States and for an update of the lists of nominated experts and laboratories available to assist in the United Nations Secretary-General’s Mechanism for Investigating Alleged Use of Chemical and Biological Weapons,

HAS ADOPTED THIS JOINT ACTION:

Article 1

1. For the purpose of the immediate and practical implementation of certain elements of the EU Strategy, and to consolidate the progress achieved in the universalisation and national implementation of the BTWC through Joint Action 2006/184/CFSP, the EU shall further support the BTWC, with the following general objectives:

— promoting the universalisation of the BTWC,

— providing support for the implementation of the BTWC by the States Parties,

— promoting the submission of CBM declarations by the States Parties,

— providing support for the BTWC Inter-Sessional Process.

2. The projects to be supported by the EU shall have the following specific objectives:

(a) providing States not yet parties to the BTWC with means to carry out such initiatives at the national or sub-regional level as will raise awareness of the BTWC, by providing legal advice concerning the ratification of and accession to the BTWC, and by offering training or other forms of assistance in order for the national authorities to be able to comply with their obligations under the BTWC;

(b) assisting the States Parties in the implementation of the BTWC at national level, in order to ensure that the States Parties implement their obligations under the BTWC by means of national legislation and administrative measures and establish functioning relationships between all national stakeholders, including the national legislature and the private sector;

(c) facilitating the regular submission of CBM declarations by the States Parties, by preparing explanatory materials relating to the CBM process and by improving the technical aspects of the electronic submission of existing CBM declarations as well as by improving the security and maintenance of a restricted website, by facilitating the establishment of national points of contact and the submission of the first CBM declarations and by organising a conference of CBM points of contact in connection with BTWC meetings in 2008 and 2009;

(d) promoting a focused discussion at the regional level among representatives of the government, universities, research institutes and industry on BTWC inter-sessional topics, in particular the oversight of science and education.

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

Article 2

1. The Presidency, assisted by the Secretary General of the Council/High Representative for the Common Foreign and Security Policy (hereinafter referred to as the SG/HR), shall be responsible for the implementation of this Joint Action. The Commission shall be fully associated.

2. The technical implementation of the activities referred to in Article 1 shall be carried out by the United Nations Office for Disarmament Affairs (hereinafter referred to as the UNODA) in Geneva. It shall perform its task under the control of the SG/HR, assisting the Presidency. For this purpose, the SG/HR shall enter into the necessary arrangements with the UNODA.

3. The Presidency, the SG/HR and the Commission shall keep each other regularly informed concerning the implementation of this Joint Action, in accordance 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 1 400 000 to be funded from the general budget of the European Communities.

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 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 a financing agreement with the UNODA. The financing agreement shall provide that the UNODA is to ensure the visibility of the EU contribution, appropriate to its size.

4. The Commission shall endeavour to conclude the financing agreement referred to in paragraph 3 within three months 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 agreement.

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 regular reports prepared by the UNODA. These reports shall 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 24 months after the date of conclusion of the financing agreement referred to in Article 3(3), or six 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, 10 November 2008. For the Council The President B. KOUCHNER

(1) OJ L 65, 7.3.2006, p. 51.

(2) OJ L 88, 25.3.2006, p. 65.