1999/34/CFSP: Joint Action of 17 December 1998 adopted by the Council on the basis of Article J.3 of the Treaty on European Union on the European Union's contribution to combating the destabilising accumulation and spread of small arms and light weapons
Date: 1998-12-17
Institutions: Council of the European Union
Subjects: European arms policy, arms control, arms limitation, fight against crime, firearms and munitions, international security

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(Acts adopted pursuant to Title V of the Treaty on European Union)

JOINT ACTION

of 17 December 1998

adopted by the Council on the basis of Article J.3 of the Treaty on European
Union on the European Union’s contribution to combating the destabilising
accumulation and spread of small arms and light weapons

(1999/34/CFSP)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in
particular Article J.3 thereof,

Having regard to the general guidelines of the European
Council held on 26 and 27 June 1992, which identified
the areas falling within the security sphere which could,
as from the entry into force of the Treaty on European
Union, be the subject of joint actions,

Whereas the excessive and uncontrolled accumulation
and spread of small arms and light weapons (hereafter
referred to as ‘small arms') (1) has become a problem of
great concern to the international community and this
phenomenon poses a threat to peace and security and
reduces the prospects for sustainable development
in
many regions of the world;

Whereas the European Union welcomes the adoption and
declaration of a moratorium on the importation, exporta-
in Ecowas
tion and manufacture of
Member States by the Authority of Heads of State or
Government of
the Economic Community of West
African States (Ecowas) at its 21st session;

light weapons

Whereas the UN Security Council adopted unanimously
on 19 November 1998 Resolution 1209 (1998) on the
situation in Africa, illicit arms flows to and in Africa;

Whereas the UN General Assembly addressed, in par-
ticular in Resolutions 52/38J on Small arms and 52/38G
on consolidation of peace through practical disarmament
measures, the problems caused by the destabilising accu-
mulation and spread of small arms;

Whereas the Group of Governmental Experts on Small
Arms has been reestablished by the Secretary-General in
accordance with Resolution 52/38J, to continue the work

already accomplished under the Panel of Governmental
Experts on Small Arms;

Whereas the UN Economic and Social Council recom-
mended that States work towards the elaboration of an
international instrument to combat the illicit manufac-
turing of and trafficking in firearms,
their parts and
components and ammunition within the context of a
United Nations convention against
transnational or-
ganised crime;

Whereas the International Criminal Police Organisation
(Interpol)
is actively pursuing its efforts in the fight
against the criminal use of firearms;

Whereas in the spirit of the ‘Brussels call for action' and
in the interest of upholding State responsibility to protect
citizen security within a framework of good governance
and integrated approach to security and sustainable devel-
opment it is required to take comprehensive measures for
the elimination of uncontrolled circulation of small arms;

Whereas the present initiative builds on, and is comple-
mentary to already existing EU initiatives, in particular
the EU programme for preventing and combating illicit
trafficking in conventional arms adopted by the Council
on 26 June 1997 and the EU code of conduct on arms
exports adopted by the Council on 8 June 1998;

Whereas the European Community has supported actions
of demobilisation and reintegration of former combatants
and of weapons collection in the context of its humani-
tarian aid, reconstruction and development cooperation
policy,

HAS ADOPTED THE FOLLOWING JOINT ACTION:

Article 1

(1) See Annex.

1.

The objectives of this Joint Action are:

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— to combat and contribute to ending the destabilising

accumulation and spread of small arms,

— to contribute to the reduction of existing accumula-
tions of these weapons to levels consistent with coun-
tries’ legitimate security needs, and

— to help solve the problems caused by such accumula-

tions.

2.

This Joint Action entails the following elements:

— building consensus on the principles and measures

referred to in Title I,

— making a multifaceted contribution as referred to in

Title II.

TITLE I

Principles on preventive and reactive aspects

Article 2

in the relevant

The European Union shall enhance efforts to build
consensus
regional and international
forums (e.g.
the UN and OSCE) and among affected
States on the principles and measures set out in Article 2
and on those set out in Articles 3 and 4 as the basis for
regional and incremental approaches to the problem and,
where appropriate, global
instruments on
small arms.

international

Article 3

In pursuing the objectives set out in Article 1, the Euro-
pean Union shall aim at building consensus in the rele-
vant international forums, and in a regional context as
appropriate, for the realisation of the following principles
and measures to prevent the further destabilising accumu-
lation of small arms:

(a) a commitment by all countries to import and hold
small arms only for their legitimate security needs, to
legitimate self-
a level commensurate with their
defence and security requirements,
including their
ability to participate in UN peacekeeping operations;

(b) a commitment by exporting countries to supply small
arms only to governments (either directly or through
duly licensed entities authorised to procure weapons
on their behalf) in accordance with appropriate inter-
national and regional restrictive arms export criteria,
as provided in particular in the EU code of conduct,
including officially authorised end-use certificates or,
when appropriate, other
information on
end-use;

relevant

(c) a commitment by all countries to produce small arms
only for holdings as outlined in (a) above or exports as
outlined in (b) above;

the establishment and
(d) in order to ensure control,
maintenance of national
inventories of legally-held
weapons owned by the country’s authorities and the
establishment of restrictive national weapons legisla-
tion for small arms including penal sanctions and
effective administrative control;

(e) the establishment of confidence building measures,
including measures to promote increased transparency
through regional registers on small
and openness,
arms and regular exchanges of available information,
on exports, imports, production and holdings of small
arms, and on national weapons
legislation, and
through consultations between the relevant parties on
the information exchanged;

(f)

the commitment to combat illicit trafficking of small
arms through the implementation of effective national
controls, such as efficient border and customs mech-
anisms, regional and international cooperation and
enhanced information exchange;

(g) the commitment to challenge and reverse ‘cultures of
violence', by enhancing public involvement through
public education and awareness programmes.

Article 4

In pursuing the objectives set out in Article 1, the efforts
of the European Union shall aim at building consensus in
the relevant
forums, and in a regional
context as appropriate, for the realisation of the following
principles and measures to reduce existing accumulations
of small arms:

international

(a)

the assistance as appropriate to countries requesting
support for controlling or eliminating surplus small
arms on their territory, in particular where this may
help to prevent armed conflict or in post-conflict
situations;

(b) the promotion of confidence-building measures and
incentives to encourage the voluntary surrender of
surplus or illegally-held small arms, the demobilisa-
tion of combatants and their subsequent rehabilitation
and reintegration, such measures to include compli-
ance with peace and arms control agreements under
combined or
respect of
human rights and humanitarian law, the protection of
the rule of law, in particular as regards the personal
safety of former combatants and small arms amnesties,
as well as community-based development project and
other economic and social incentives;

third-party supervision,

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(c) the effective removal of surplus small arms encom-
passing safe storage as well as quick and effective
destruction of these weapons, preferably under inter-
national supervision;

(d) the rendering of assistance through appropriate inter-
national organisations, programmes and agencies as
well as regional arrangements.

Article 5

The Member States will promote, where appropriate, in
the context of resolving armed conflicts,

(a)

the inclusion of provisions with regard to demobilisa-
tion, elimination of surplus weapons and integration
of ex-combatants into peace agreements between the
parties to the conflict, into mandates of peace-support
operations or other relevant missions in support of the
peaceful settlement,

(b) the consideration of the possibility of making neces-
sary provision for measures ensuring the removal of
small arms in the context of demobilisation by the
UN Security Council in case the country or parties
concerned are not in a position to comply with the
relevant obligations.

Article 7

1.

The Council shall decide on:

— the allocation of the financial and technical contribu-

tion referred to in Article 6,

— the priorities for the use of those funds,

— the conditions for implementing specific actions of
the Union, including the possibility of designating, in
certain instances, a person responsible for its imple-
mentation.

2.
The Council shall decide on the principle, arrange-
ments and financing of such projects on the basis of
concrete and properly-costed project proposals and on a
case-by-case basis, without prejudice to Member States’
bilateral contributions and operation of
the European
Community.

The Presidency shall, under the conditions set out in

3.
Article J.5(3) of the Treaty:

— ensure liaison with the United Nations and any other

relevant organisation involved,

— establish, with regional arrangements and third coun-
tries, the contacts needed to implement the Union’s
specific actions.

It shall keep the Council informed.

TITLE II

Article 8

Contribution by the European Union to specific
actions

The Council notes that the Commission intends to direct
its action towards achieving the objectives and the priori-
ties of this Joint Action, where appropriate by pertinent
Community measures.

Article 6

Article 9

1.
The Union will provide financial and technical assis-
tance to programmes and projects which make a direct
and identifiable contribution to the principles and meas-
ures referred to in Title I, including relevant programmes
or projects conducted by the UN,
the International
Committee of the Red Cross, other international organ-
isations and regional arrangements and NGOs. Such
projects might include, inter alia, weapons collection,
security sector reform and demobilisation and reintegra-
tion programmes as well as specific victim assistance
programmes.

In providing such assistance, the EU shall take into
2.
account
in particular the recipient’s commitments to
comply with the principles mentioned in Article 3; their
respect of human rights; their compliance with inter-
national humanitarian law and the protection of the rule
of
law; and their compliance with their international
commitments, in particular with regard to existing peace
treaties and international arms control agreements.

1.
The Council and the Commission shall be respon-
sible for ensuring the consistency of the Union’s activities
in the field of small arms, in particular with regard to its
development policies. For this purpose, Member States
and the Commission shall submit any relevant informa-
tion to the relevant Council bodies. The Council and the
Commission shall ensure implementation of their respec-
tive action, each in accordance with its powers.

2. Member States shall equally seek to increase the
effectiveness of their national actions in the field of small
arms. As far as possible, actions taken pursuant to Article
6 shall be coordinated with those of Member States and of
the European Community.

Article 10

The Council will review annually the actions taken in the
framework of this Joint Action.

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

Article 11

This Joint Action shall be published in the Official Journal.

Article 12

Done at Brussels, 17 December 1998.

For the Council

The President

W. MOLTERER

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ANNEX

The Joint Action shall apply to the following categories of weapons, while not prejudging any future
internationally agreed definition of small arms and light weapons. These categories may be subject to further
clarification, and may be reviewed in the light of any such future internationally agreed definition.

(a) Small arms and accessories specially designed for military use

— machine-guns (including heavy machine-guns),
— submachine-guns, including machine pistols,
— fully automatic rifles,
— semi-automatic rifles, if developed and/or introduced as a model for an armed force,
— moderators (silencers).

(b) Man or crew-portable light weapons

— cannon (including automatic cannon), howitzers and mortars of less than 100 mm calibre,
— grenade launchers,
— anti-tank weapons, recoilless guns (shoulder-fired rockets),
— anti-tank missiles and launchers,
— anti-aircraft missiles/man-portable air defence systems (Manpads).