EN Official Journal of the European Union L 127/78

COUNCIL JOINT ACTION 2008/368/CFSP

of 14 May 2008

in support of the implementation of United Nations Security Council Resolution 1540 (2004) and 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, Chapter III of which contains a list of measures to combat such proliferation which need to be taken both within the EU and in third countries.

(2) The EU is actively implementing this strategy and is giving effect to the measures listed in Chapter III thereof, in particular through releasing financial resources to support specific projects conducted by multilateral institutions, providing States in need with technical assistance and expertise with regard to a wide range of non-proliferation measures, and fostering the role of the United Nations Security Council.

(3) On 28 April 2004, the UN Security Council adopted Resolution 1540 (2004) (‘UNSCR 1540’), which is the first international instrument that deals with weapons of mass destruction, their means of delivery and related materials in an integrated and comprehensive manner. UNSCR 1540 established binding obligations for all States aimed at preventing and deterring non-State actors from obtaining access to such weapons and weapon-related material. It also called upon States to present the Committee of the Security Council established by UNSCR 1540 (‘the 1540 Committee’) with a report on steps which they have taken or intend to take to implement UNSCR 1540.

(4) On 27 April 2006, the UN Security Council adopted Resolution 1673 (2006) and decided that the Committee should intensify its efforts to promote the full implementation of UNSCR 1540 through programmes of work, outreach, assistance, dialogue and cooperation. It also invited the 1540 Committee to explore with States and international, regional and subregional organisations the possibility of sharing experience and lessons learned, and the availability of programmes which might facilitate the implementation of UNSCR 1540.

(5) The 1540 Committee's report in April 2006 recommended that regional and subregional outreach activities be widened and intensified with a view to providing States, in a structured manner, with guidance for implementing their obligations under UNSCR 1540, taking into account the fact that at that time 62 States had yet to submit their first national report and that 55 States which had submitted their first national report still had to submit additional information and clarification requested by the 1540 Committee.

(6) On 12 June 2006, the European Union adopted a first Council Joint Action 2006/419/CFSP (1) in support of the implementation of UNSCR 1540 and in the framework of the implementation of the EU strategy against the proliferation of weapons of mass destruction. That Joint Action was aimed at raising awareness of the requirements related to UNSCR 1540 and at contributing to strengthening third States' administrative capacities in drafting national reports on the implementation of UNSCR 1540.

(7) The implementation of Joint Action 2006/419/CFSP resulted in the organisation of five regional seminars in Africa, the Middle East, Latin America, the Caribbean and Asian-Pacific regions. These activities contributed to diminishing significantly the number of non-reporting States and the number of States which did not submit additional information required by the 1540 Committee following their submission of incomplete reports.

(8) The 1540 Committee emphasised to the UN Security Council in December 2007 that in practical work the main focus of the Committee should shift away from national reporting and towards the implementation of all aspects of UNSCR 1540. In this regard, individually designed outreach and assistance, which is responsive to regional and other specific circumstances, could help States to cope with the challenges of implementing UNSCR 1540. The 1540 Committee has also stated in its work programme that national plans or road maps for implementation could serve States as useful planning tools and that this idea should be further promoted. The countries concerned should also receive more assistance in developing their national action plans.

(9) The Office for Disarmament Affairs within the United Nations Secretariat, which is responsible for providing the 1540 Committee and its experts with substantive and logistical support, should be entrusted with the technical implementation of the projects to be carried out under this Joint Action.

(10) This Joint Action should be implemented in accordance with the Financial and Administrative Framework Agreement concluded by the European Commission with the United Nations concerning the management of financial contributions by the European Union to programmes or projects administered by the United Nations,

HAS ADOPTED THIS JOINT ACTION:

Article 1

1. In accordance with the EU strategy against the proliferation of weapons of mass destruction, which sets the objective of fostering the role of the UN Security Council and of enhancing its expertise in meeting the challenges of proliferation, the EU shall further support the implementation of UNSC Resolution 1540 (2004) (‘UNSCR 1540’).

2. The projects in support of UNSCR 1540, corresponding to measures of the EU strategy, shall consist of a series of thematic workshops in several targeted subregions.

The aim of the workshops shall be twofold:

— enhancing the capacity and skills of officials in targeted States who are responsible for managing the export control process in all its dimensions, so that they can make effective efforts at the practical level for the implementation of UNSCR 1540,

— putting officials of targeted States participating in the projects in a position to clearly identify gaps and needs, taking into account different perspectives (government and industry) so that effective requests for assistance can be formulated.

A detailed description of the projects 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 (SG/HR) shall be responsible for the implementation of this Joint Action. The Commission shall be fully associated.

2. The technical implementation of the projects referred to in Article 1(2) shall be carried out by the UN Secretariat (Office for Disarmament Affairs) (‘UN Secretariat (ODA)’). It shall perform this 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 UN Secretariat (ODA).

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

Article 3

1. The financial reference amount for the implementation of the projects referred to in Article 1(2) shall be EUR 475 000 to be funded from the general budget of the European Union.

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 Union.

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 UN Secretariat (ODA). The financing agreement shall stipulate that the UN Secretariat (ODA) is to ensure visibility of the EU 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 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 UN Secretariat (ODA). These reports shall form the basis for the evaluation carried out by the Council. The Commission shall be fully associated, and 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 conclusion of the financing agreement referred to in Article 3(3), or three 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, 14 May 2008. For the Council The President A. BAJUK

(1) OJ L 165, 17.6.2006, p. 30.