EN Official Journal of the European Union L 219/7

COUNCIL DECISION 2010/461/CFSP

of 26 July 2010

on support for activities of the Preparatory Commission of the Comprehensive Nuclear-Test-Ban Treaty Organisation (CTBTO) in order to strengthen its monitoring and verification capabilities and 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 Articles 26(2) and 31(1) thereof,

Whereas:

(1) On 12 December 2003, the European Council adopted the EU Strategy against Proliferation of Weapons of Mass Destruction (the Strategy), Chapter III of which contains a list of measures that need to be taken both within the European Union and in third countries to combat such proliferation.

(2) The Union is actively implementing the 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, such as the Provisional Technical Secretariat of the Comprehensive Nuclear-Test-Ban Treaty Organisation (CTBTO).

(3) On 17 November 2003, the Council adopted Common Position 2003/805/CFSP on the universalisation and reinforcement of multilateral agreements in the field of non-proliferation of weapons of mass destruction and means of delivery (1). That Common Position calls, inter alia, for the promotion of the signature and ratification of the Comprehensive Nuclear-Test-Ban Treaty (CTBT).

(4) The States Signatories of the CTBT have decided to establish a Preparatory Commission, endowed with legal capacity, and which has standing as an international organisation, for the purpose of carrying out the effective implementation of the CTBT, pending the establishment of the CTBTO.

(5) The early entry into force and universalisation of the CTBT and the strengthening of the monitoring and verification system of the Preparatory Commission of the CTBTO are important objectives of the Strategy. In this connection, the nuclear tests carried out by the Democratic People's Republic of Korea in October 2006 and May 2009 further underlined the importance of the early entry into force of the CTBT and the need for an accelerated building-up and strengthening of the CTBT monitoring and verification system.

(6) The Preparatory Commission of the CTBTO is engaged in identifying how its verification system could best be strengthened, including through the development of noble gas monitoring capabilities and efforts aimed at fully involving States Signatories in the implementation of the verification regime.

(7) In the framework of the implementation of the Strategy, the Council adopted three Joint Actions on support for activities of the Preparatory Commission of the CTBTO: Joint Action 2006/243/CFSP of 20 March 2006 (2) in the area of training and capacity building for verification and Joint Actions 2007/468/CFSP of 28 June 2007 (3) and 2008/588/CFSP of 15 July 2008 (4) in order to strengthen the Preparatory Commission's monitoring and verification capabilities.

(8) This support of the Union should be continued.

(9) The technical implementation of this Decision should be entrusted to the Preparatory Commission of the CTBTO,

HAS ADOPTED THIS DECISION:

Article 1

1. For the purposes of ensuring the continuous and practical implementation of certain elements of the EU Strategy against Proliferation of Weapons of Mass Destruction (the Strategy), the Union shall support the activities of the Preparatory Commission of the Comprehensive Nuclear-Test-Ban Treaty Organisation (CTBTO) in order to further the following objectives:

— to strengthen the capabilities of the CTBT monitoring and verification system, including in the field of radionuclide detection,

— to strengthen the capabilities of the States Signatories of the CTBT to fulfil their verification responsibilities under the CTBT and to enable them to benefit fully from participation in the CTBT regime.

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

(a) to improve the operation and sustainability of the monitoring and verification system of the Preparatory Commission of the CTBTO;

(b) to strengthen the verification capabilities of the Preparatory Commission of the CTBTO in the areas of on-site inspections and noble gas monitoring and verification for the detection and identification of possible nuclear explosions;

(c) to provide technical assistance to countries in Africa, Latin America and the Caribbean aimed at fully integrating States Signatories into the CTBT monitoring and verification system.

These projects shall be carried out for the benefit of all States Signatories of the CTBT.

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

Article 2

1. The High Representative of the Union for Foreign Affairs and Security Policy (the 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 entrusted to the Preparatory Commission of the CTBTO.

3. The Preparatory Commission of the CTBTO shall perform its tasks under the responsibility of the HR. For this purpose, the HR shall enter into the necessary arrangements with the Preparatory Commission of the CTBTO.

Article 3

1. The financial reference amount for the implementation of the projects referred to in Article 1(2) shall be EUR 5 280 000.

2. The expenditure financed by the amount stipulated in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.

3. The European Commission shall supervise the proper implementation of the Union's contribution referred to in paragraph 1. For this purpose, it shall conclude a financing agreement with the Preparatory Commission of the CTBTO. The financing agreement shall stipulate that the Preparatory Commission of the CTBTO is to ensure visibility of the Union contribution, commensurate with its size.

4. The European 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

The HR shall report to the Council on the implementation of this Decision on the basis of regular reports to be prepared by the Preparatory Commission of the CTBTO. These reports shall form the basis for the evaluation carried out by the Council. The European Commission shall provide information on the financial aspects of the projects as referred to in Article 3(3).

Article 5

This Decision shall enter into force on the day of its adoption.

It shall expire 18 months after the date of the 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.

Done at Brussels, 26 July 2010. For the Council The President S. VANACKERE

(1) OJ L 302, 20.11.2003, p. 34.

(2) OJ L 88, 25.3.2006, p. 68.

(3) OJ L 176, 6.7.2007, p. 31.

(4) OJ L 189, 17.7.2008, p. 28.