EN Official Journal of the European Union L 328/32

COUNCIL DECISION (EU) 2017/2284

of 11 December 2017

to provide support to States in the African, Asia-Pacific and Latin America and Caribbean regions to participate in the high-level fissile material cut-off treaty expert preparatory group consultative process

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

(1) On 12 December 2003, the European Council adopted the EU Strategy against the proliferation of Weapons of Mass Destruction (‘Strategy’), Chapter II of which lists measures to be pursued for an effective multilateralism which is the cornerstone of the European strategy for combating proliferation of WMD. It states, inter alia, that the ‘EU is committed to the multilateral treaty system, which provides the legal and normative basis for all non-proliferation efforts’, and ‘the EU policy is to pursue an international agreement on the prohibition of the production of fissile material for nuclear weapons or other nuclear explosive devices’.

(2) The EU is actively implementing the Strategy and giving effect to the measures listed in Chapter III thereof, in particular by releasing financial resources to support specific projects aimed at enhancing the multilateral non-proliferation system and multilateral confidence building measures.

(3) On 8 December 2008, the Council adopted its conclusions and a document entitled ‘New lines for action by the European Union in combating the proliferation of weapons of mass destruction and their delivery systems’. The document states, inter alia, that the EU undertakes to continue and intensify action ‘in favour of starting negotiations on FMCT’.

(4) The EU has persistently called for the immediate commencement and early conclusion of the negotiation of a Treaty banning the production of fissile material for nuclear weapons or other nuclear explosive devices, on the basis of document CD/1299 and the mandate contained therein. In the same vein the EU has been encouraging all members of the Conference on Disarmament (CD) to exert their utmost efforts to break the impasse in the CD and adopt a comprehensive and balanced programme of work that includes the immediate commencement of negotiations on a fissile material cut-off treaty (FMCT).

(5) In 2013 the United Nations General Assembly (UNGA) adopted a resolution that established a Group of Governmental Experts (GGE) drawn from 25 states to make recommendations on possible aspects that would contribute to but not negotiate a treaty banning the production of fissile material for nuclear weapons or other nuclear explosive devices. The GGE submitted its report to the UNGA First (Disarmament) Committee in 2015.

(6) In 2016 the United Nations General Assembly adopted Resolution 71/259, entitled ‘Treaty banning the production of fissile material for nuclear weapons or other nuclear explosive devices’. Resolution 71/259 requests the Secretary-General to establish a high-level FMCT expert preparatory group to consider and make recommendations on substantial elements of a future non-discriminatory, multilateral and internationally and effectively verifiable treaty banning the production of fissile material for nuclear weapons or other explosive devices. The high-level FMCT expert preparatory group will have a membership of 25 States, and will hold two Informal Consultative meetings open to all United Nations Member States to allow for the participation of all States in the FMCT process. It is expected that the work to be carried out by the Preparatory Group will lead to negotiations on this important issue in order to further advance nuclear disarmament and non-proliferation.

(7) All EU Member States voted in favour of the 2016 UN General Assembly Resolution 71/259 on the FMCT, which was presented by Canada, Germany and the Netherlands. The resolution sets up an inclusive process by organizing informal consultative meetings with all UN Member States and the Chair of the high-level FMCTexpert preparatory group. Several EU Member States will participate in the work of the high-level expert preparatory group, whose mandate is to make recommendations on substantial elements for a future treaty, without prejudice to national positions in future negotiations.

(8) The high-level FMCT expert preparatory group will make a practical contribution to nuclear disarmament and non-proliferation efforts. The Group of Governmental Experts (1) and two Secretary-General reports on this subject (2) have identified the complexity of the issue as well as topics that merit further analysis and consideration by UN Member States. The high-level FMCT expert preparatory group will report to the UN General Assembly at its 73rd session (2018).

(9) More generally, fissile material (such as highly enriched uranium or plutonium) that can bring about an explosive fission chain reaction is an essential ingredient of nuclear weapons. The immediate commencement and early conclusion of the negotiation in the CD of a treaty banning the production of fissile material for nuclear weapons or other nuclear explosive devices has been a long standing priority for the EU.

(10) A treaty banning the production of fissile material for nuclear weapons or other nuclear explosive devices would constitute an essential step towards creating the conditions for a world without nuclear weapons. The FMCT is considered to be a multilateral instrument to be negotiated in the nuclear disarmament field as a complement to the Nuclear Non-proliferation Treaty (NPT) and the Comprehensive Nuclear Test-ban Treaty (CTBT),

HAS ADOPTED THIS DECISION:

Article 1

1. In accordance with the EU Strategy, which sets the objective of upholding, implementing and strengthening the multilateral disarmament and non-proliferation treaties and agreements, the Union shall provide support to States in the African, the Asia-Pacific and the Latin America and Caribbean regions to participate in the high-level fissile material cut-off treaty expert preparatory group consultative process.

2. The projects providing support to States in the African, the Asia-Pacific and the Latin America and Caribbean regions to participate in the high-level FMCT expert preparatory group consultative process, corresponding to measures in line with the EU Strategy, shall consist of sub-regional workshops, expert meetings, substantive support activities provided to United Nations Member States, and the establishment of a repository of relevant information and publications.

3. The aim of the projects shall be:

— the facilitation of dialogue at the regional level among States in the African, the Asia-Pacific and the Latin America and Caribbean regions;

— the development of a sense of ownership of the issue among States in these regions;

— the identification of the national needs and policy priorities of States in these regions;

— the involvement of relevant regional organisations in the discussions on a treaty banning the production of fissile material for nuclear weapons or other nuclear explosive devices to be negotiated in the framework of the Conference on Disarmament;

— the evaluation of the implications of the process at the regional level and of the role that relevant regional and international organization may play in that process;

— the comparative analysis of the implications of the process for each region;

— the facilitation of the transmission of knowledge between academia, civil society organisations and Member States relating to fissile materials.

4. A detailed description of the projects 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 projects referred to in Article 1(2) shall be carried out by the United Nations Office for Disarmament Affairs (UNODA) through its Geneva Branch and its Regional Disarmament Branch, the three regional centres for peace and disarmament in Africa (UNREC), Asia and the Pacific (UNRCPD) and Latin America and the Caribbean (UNLIREC). UNODA shall perform this task under the responsibility of the HR. For this purpose, the HR shall enter into the necessary arrangements with UNODA.

Article 3

1. The financial reference amount for the implementation of the projects referred to in Article 1(2) shall be EUR 1 220 880,51.

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 a financing agreement with UNODA for the reference amount upon adoption of this Council Decision. The agreement shall stipulate that UNODA is to ensure visibility of the Union's 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 Decision. It shall inform the Council of any difficulties in that process and of the date of conclusion of the financing agreement.

Article 4

1. The HR shall report to the Council on the implementation of this Decision on the basis of regular reports prepared by UNODA. Those reports shall form the basis for the evaluation carried out by the Council.

2. The Commission shall provide information on the financial aspects 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 the conclusion of the financing agreement referred to in Article 3(3). However, it shall expire six months after its entry into force if no financing agreement has been concluded by that time.

Done at Brussels, 11 December 2017. For the Council The President F. MOGHERINI

(1) A/70/81, Report of the Group of Governmental Experts to make recommendations on possible aspects that could contribute to but not negotiate a treaty banning the production of fissile material for nuclear weapons or other nuclear explosive devices.

(2) A/68/154, A/68/154/Add.1, A/71/140/Rev.1 and A/71/140/Rev.1/Add.1