Fourth Annual Report on the implementation of the EU Joint Action of 12 July 2002 on the European Union's contribution to combating the destabilising accumulation and spread of small arms and light weapons (2002/589/CFSP)
Date: 2005-05-04
Institutions: Council of the European Union
Subjects: activity report, arms control, arms limitation, firearms and munitions, joint action

4.5.2005

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

FOURTH ANNUAL REPORT

on the implementation of the EU Joint Action of 12 July 2002 on the European Union's contribu-
tion to combating the destabilising accumulation and spread of small arms and light weapons
(2002/589/CFSP)

(2005/C 109/01)

INTRODUCTION

1.
On 26 June 1997 the EU Programme for Preventing and
Combating Illicit Trafficking in Conventional Arms was
adopted by the General Affairs Council of the European Union,
and on 12 July 2002 the European Council adopted a Joint
Action on the European Union's contribution to combating the
destabilising accumulation and uncontrolled spread of small
arms and light weapons repealing Joint Action 1999/34/CFSP.

The candidate countries of Bulgaria, Romania and Turkey,
2.
as well as the EFTA countries that are members of the EEA
(Iceland, Liechtenstein and Norway), have aligned themselves
with this Programme and the Joint Action.

3.
In pursuing the objectives of the Joint Action, the EU
played an active role at the UN Conference on the Illicit Trade
in Small Arms and Light Weapons in All Its Aspects (New
York, 9 to 20 July 2001), ending with the adoption of a UN
Programme of Action, as well as at the first biennial meeting
held in New York from 7 to 11 July 2003. The EU also has
actively participated in the negotiations of the Protocol Against
the Illicit Manufacturing of and Trafficking in Firearms, Their
Parts and Components and Ammunition supplementing the
United Nations Convention Against Transnational Organised
Crime, adopted by the UN General Assembly on 31 May 2001.
The EU has also fully participated in the meeting of the Open-
ended working group on tracing of small arms and light
weapons held in New York from 14 to 25 June 2004.

The

European Union

adopted Common

Position
4.
2003/468/CFSP of 23 June 2003 on the control of arms
brokering, which requires Member States to introduce ad hoc
legislation in order
the activities of
brokers.

to effectively control

projects conducted by international, regional organisations, or
non-governmental organisations, assistance to affected States,
and organising international conferences. EU cooperation with
other States is also included in Part II. Finally, in Part III the
priorities for a more systematic approach to EU assistance in
the field of small arms and light weapons (SALW) are discussed,
as well as the lessons learnt from the experience already accu-
mulated by the EU and its Member States in this field.

6.
The report covers the Joint Action as well as the EU
programme for preventing and combating illicit trafficking in
conventional arms. Its scope is, in principle, limited to the year
2003. Information on prior activities of the EU in the applica-
tion of the Joint Action and the EU programme can be found
in the First, Second and Third Annual Reports, as well as in the
European Commission's publication,
‘Small arms and light
weapons: the response of the European Union’.

7.
SALW-related projects under the Council Joint Action are
financed through the CFSP budget under a specific article ‘non-
proliferation and disarmament’. The implementation of CFSP
projects is carried out by the European Commission. Potential
applicants
the European Commission for
guidance or other information on procedures for SALW-related
projects through the CFSP budget or, alternatively, address the
national contact points. Attention is drawn to the attached
annex in which SALW national contact points within the EU
are contained.

should address

I. NATIONAL IMPLEMENTATION EFFORTS DURING 2003

I.A. Cooperation, coordination and exchange of information
between administrative and law enforcement agencies

5.
This report is structured in three parts. Part I covers
Member States' efforts to address the problems related to small
arms and light weapons, such as inter-agency cooperation,
newly enacted legislation and support for relevant research.
Part II deals with international measures, such as assistance to

8.
In 2003, Italy's ad hoc working group on small arms and
light weapons, established in June 2000 under the coordination
of the Ministry of Foreign Affairs, and which includes represen-
tatives of relevant ministries, law enforcement administrations
and interested national industrial associations, met three times.

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Discussions mainly focused on preparation for the 2003 Bien-
nial Meeting of States Parties to the 2001 UN Programme of
Action against the illicit trafficking of small arms and light
weapons. Due consideration was also given to the debate in
other relevant multilateral forums (OSCE, Wassenaar Arrange-
ment, G8) as well as to the issue of brokering activities, espe-
cially given the adoption of the EU common position on the
matter.

I.B. Newly enacted legislation, reviews of the practical func-

tioning of existing legislation

9.
A number of Member States introduced newly enacted
legislation in 2003 or are in the process of reviewing existing
legislation. Details of these are as follows:

AUSTRIA

10.
The process of amending and adapting Austria's Foreign
Trade Act (the legal basis for exports other than war material)
was initiated in 2003 and is ongoing.

11.
Even before adoption of the Council Common Position
on arms brokering of 23 June 2003, brokering required a
licence under Austrian law. According to an amendment to the
War Materials Act of 2001 (Federal Law Gazette No 57/2001),
arms brokerage requires a proper authorisation. Section 1,
paragraph 4 WMA as amended defines the brokerage of war
material as a transaction where a person resident or headquar-
tered in Austria allows or arranges the transfer of articles
which are outside the customs territory of the European Union
to another country outside the customs territory of the Euro-
pean Union. The licence is issued under the same conditions as
for export applications.

12.
According to section 6 of the Austrian Foreign Trade
Act any brokerage of goods other than war material listed in its
Annex 1 (Common control list) which is outside the customs
territory of the European Union to another country outside the
customs territory of the European Union is subject to a licence
requirement. The licence is issued under the same conditions as
for export applications.

BELGIUM

13. With its Law of 26 March 2003 (published on 7 July
2003) on the strengthening of the rules regarding the granting
of export or transit licences, Belgium has incorporated into its
national legislation the rules and operational provisions of the
European Code of Conduct on Arms Exports.

From that point onwards, any application for an export or
transit licence will be rejected having regard to the country of
destination if it turns out in particular that:

— exportation or transit will contribute to flagrant violation of

human rights,

— there is a clear risk that the outcome of the exportation will
assist internal repression or if it is established that child
soldiers are aligned with the regular armed forces,

— the country is supporting or encouraging international

organised crime and terrorism,

— there is a serious risk of misuse of the equipment within
the country of destination or a country has shown that it is
not complying with the non-re-exportation clause.

14.
In addition, account must be taken of the technical and
economic capacity of the country of destination, the legitimate
needs of States with regard to security and defence and the fact
that it is desirable that States respond to these requirements by
devoting a minimum of human and economic resources to
armaments.

15.
In order to deal with the gaps and the legal void relating
to the profession of brokers/intermediaries in the area of legal
trading in light arms, Belgium has adopted legislative measures.
This involves the Law of 25 March 2003, which came into
this Law
force on 17 July 2003.
amending the Law of 5 August on the importation, exportation
and transit of arms, munitions and material
specifically
intended for military use and related technology, it lays down
that:

In effect, Article 10 of

— no Belgian citizen or

residing or

trading in
foreigner
Belgium may negotiate, export or supply abroad or hold for
that purpose, arms, munitions or equipment specifically
intended for military use or related technology, or act as
intermediary in such transactions without having for this
purpose a licence issued by the Minister for Justice,

— an intermediary shall be considered to be any person who,
for payment or free of charge, sets up conditions with a
view to the conclusion of a contract for the purpose of
negotiating, exporting or supplying abroad, or holding for
that purpose, weapons, munitions or material specifically
intended for military use or related technology, whatever
the origin or destination of the goods and irrespective of
whether or not they enter Belgian territory, or any person
who concludes such a contract where the transport
is
carried out by a third party.

CZECH REPUBLIC

The Czech Republic introduced a Firearms and Ammu-
16.
nition Act No 119/2002, which took effect on 1 January 2003.
Its purpose is to fully align Czech legislation with the EU acquis
concerning the manufacture, acquisition and possession of
arms and ammunition. The Firearms Act is based on previous
legislation and takes over the basic elements of Act No 288/
1995 to regulate firearms and ammunition as amended
(including the licensing of the possession of arms, weapons
registration and weapon waybills).

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17. When drafting the Firearms Act the Czech Republic
took into account principal EC regulations concerning arms
and ammunition, including Council Directive 91/477/EEC on
the acquisition and possession of weapons,
the control of
Council Directive 93/15/EEC on the harmonisation of
the
provisions relating to the placing on the market and supervi-
sion of explosives for civil uses, Commission Recommendation
93/216/EEC on the European firearms pass as supplemented by
Recommendation 96/129/EC and the European Convention on
the control of the acquisition and possession of firearms by
individuals.

In 2003,

weapons and explosives legislation, especially with regard to
arms exports.
the committee concluded a report
regarding transportation of arms between third countries. On
this basis the Danish Parliament adopted on 6 May 2004 an
act introducing rules on transportation of weapons between
third countries. The rules ban transportation of weapons to
countries covered by a UN, EU or OSCE arms embargo.
Furthermore, transportation between third countries that have
not issued the necessary export and import licences is banned.
The committee is at present considering new legislation on,
among other things, arms brokering.

18.
The Firearms Act divides weapons into four categories
according to lethality and liability to be misused. Category A
covers prohibited weapons,
including military weapons and
military small arms and light weapons. Category B covers
weapons subject to registration, category C covers weapons the
possession of which must be reported and category D includes
all other weapons. The transfers and storage of arms and
ammunition designed for non-military use are supervised by
the Ministry of the Interior and the Czech Police.

19.
the
The Firearms Act redefines the competencies of
Czech Arms and Ammunition Proofing Authority in respect of
problems related to the categorisation of weapons. It also intro-
duces 10 groups of arms licences, which replaced weapon
permits. An arms licence is an official document authorising a
natural or legal person engaged in business or similar activities
to acquire and possess arms and ammunition within the scope
of the authorisation defined for a particular arms licence group.
Another document authorising the acquisition and possession
of arms is the arms pass. According to the Firearms and
Ammunition Act, six types of arms pass can be issued.
Obtaining an arms licence or an arms pass is one of the basic
conditions for an entity to be allowed to handle the arms in
categories A to C.

20.
The Firearms Act also regulates the information systems
on arms, ammunition and firing ranges, including the release
of such information.

In addition, the Czech Republic introduced Act No 227/
21.
2003 amending Act No 156/2000 to regulate the proofs of
firearms, ammunition and pyrotechnic devices; this took effect
on 1 October 2003. The Act implements the provisions of the
OSCE document on small arms and light weapons as regards
the marking of newly manufactured military small arms which
are not intended for the use of the Czech Army. According to
the new Act,
the Czech Arms and Ammunition Proofing
Authority is competent to apply the appropriate proofmark to
manufactured and exported weapons that are not in service
with the Czech armed forces, other security structures, armed
personnel of
the intelligence
services.

the Customs Service and of

DENMARK

22.
In Denmark an inter-ministerial committee was set up
under the auspices of the Ministry of Justice in May 2001. The
committee was tasked with the examination of the existing

ESTONIA

23.
In the case of Estonia its Strategic Goods Act took effect
on 5 February 2004. The Act regulates the export of strategic
goods and transit thereof through Estonia, the import of mili-
tary goods, the export of services related to military goods and
ensuring control over the import and end-use of strategic
goods. The Act prohibits the export and transit of military
goods to countries subject to relevant sanctions binding on
Estonia which are established by an institution specified in the
International Sanctions Act, regardless of special authorisation.
The diversion from their intended destination of goods subject
to State supervisory control over the import and end-use of
strategic goods without the written permission of the Strategic
Goods Commission and re-export of such goods without
special authorisation; the export and transit of weapons of
mass destruction, any materials, hardware, software and tech-
nology used for the manufacture of weapons of mass destruc-
tion, and the export and transit of anti-personnel mines, and
services related thereto regardless of their country of destina-
tion; the import, export and transit of goods used to commit
human rights violations and the provision of services related
thereto regardless of their country of destination, unless such
goods are displayed as objects of historical value in a museum;
the export and transit of other strategic goods, the import of
other military goods, and services prohibited by international
agreements binding on Estonia.

FINLAND

24.
Legislation on a firearms amnesty was approved by the
Parliament of Finland at the end of 2003 and came into force
the legislation is to
on 1 January 2004. The purpose of
decrease the number of illegal and unregistered weapons in
Finland. Since the legislation has entered into force,
is
possible to surrender illegal small arms, ammunition and explo-
sives to the police without any legal consequences if they have
not been used in a criminal act. Owners of an illegal firearm
can apply for a licence to keep the gun or to convey it to
another licence holder through the police. In those cases where
owner may wish not to keep arms or convey these to another
licence holder, the arms in question will be deactivated or
rendered to the State. They then can be sold by the police in an
official public auction to collectors and other licensed arms
holders.

it

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The implementation of

25.
the UN Firearms Protocol,
including arms brokering concerning civil firearms and ammu-
nitions, has been under preparation in 2003 by the Ministry of
Interior in Finland. It is estimated that the proposals shall be
submitted to the Parliament during the second half of 2004.

FRANCE

II

France introduced Law No 2003-239 of 18 March 2003
26.
on internal
‘Provisions
security which contains Title
concerning weapons and munitions’, which amends the provi-
sions of Statutory Order of 18 April 1939 determining the
regime for combat equipment, arms and munitions and
strengthens further the conditions under which private indivi-
duals can be authorised to acquire and hold arms for defence
purposes, sporting activity and hunting. In addition, Article 84
of this Law, amending the penal provisions provided by Statu-
tory Order of 18 April 1939 provides that, for a period of one
year after the publication of the order, persons who hand over
weapons in their possession in contravention of the regulations
relating to the acquisition and possession of weapons may not
be the subject of criminal prosecution. This measure is aimed
at allowing citizens illegally holding arms to come within the
law and for the authorities to recover, without compensation,
weapons sometimes held over a long period and which are
difficult to trace because of this fact.

27.
Following the publication of Decree No 2002-23, of
3 January 2003, which extended to intermediaries involved in
the weapons trade, the administrative control regime applicable
to manufacturers and arms traders, the control system was
progressively implemented:
licences to
persons wishing to operate as intermediaries, keeping of a
special register by authorised persons, initial checks carried out
by the General control authorities of the armed forces (SIA/
MD) on holders of intermediary licences.

issue (or refusal) of

GREECE

91/477/EEC and 93/15/EEC, and Commission Recommenda-
tions 93/216/EEC and 96/129/EC.

30.
A new Governmental Decree No 16/2004 on arms
export controls also entered into force in Hungary on 1 May
2004. The Decree applies to all items on the EU Common Mili-
tary List and activities that facilitate the supply or delivery of
goods (e.g. brokering, transit) and technical assistance. The new
legislation establishes the EU Code of Conduct on arms exports
as part of the national
legislation thereby making it legally
binding instrument. All licence applications are assessed against
the Code.

IRELAND

31.
Under Ireland's current Irish legislation, the import and
export of small arms to and from EU countries must be
licensed in accordance with the Firearms Acts, 1925 and 1964
and the EC (Acquisition and Possession of) Weapons and
firearms to all
Ammunition Regulations, 1993. Exports of
countries are also subject to the Control of Exports Act, 1983
and Orders made thereunder, and to the international obliga-
tions and responsibilities derived from membership of the UN,
EU, OSCE and other entities which involve regulation of
exports, such as the Wassenaar Arrangement.

In line with the increasing international focus on the impor-
tance of strengthening strategic export control rules, Ireland is
taking steps to ensure that its export controls conform to the
highest international standards. In this context, the Department
of Enterprise, Trade and Employment has commissioned a
review of Ireland's strategic controls systems with a view to
these could be modernised and
recommending how best
strengthened, to address identified gaps and ensure full compli-
ance with Ireland's international obligations. Phase I of the
review, which sought to examine the broad issues involved and
identify how best to proceed with the review, was completed in
June 2003 and Phase 2, which constitutes a more detailed
review, is almost complete.

28.
Existing legislation in Greece concerning the possession
of shotguns was amended by Law 3169/2003, with the result
that every person wishing to import,
traffic or possess a
shotgun is obliged to obtain a prior police permit. Before the
issuing of such a permit, the criminal record of the applicant is
checked.

Ireland hopes to be in a position to accede this year to
32.
the Protocol against the Illicit Manufacturing of and Trafficking
in Firearms, Their Parts and Components and Ammunition,
supplementing the UN Convention against Transnational Orga-
nised Crime Protocol.

HUNGARY

ITALY

29.
In the case of Hungary, new controls have been intro-
duced on the acquisition and possession of weapons by civi-
lians. The Firearms and Ammunition Act No 24/2004, which
took effect on 1 May 2004 is based on and fully in line with
the principles and provisions laid out in Council Directives

Concerning the export of arms for military use, in 2003
33.
Italy's relevant provisions of Law No 185/1990 have been
modified by Law No 148 (adopted on 17 June 2003) as
follows:

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intergovernmental or

— the required export authorisation (Articles 11 to 15 of Law
No 185/1990) can be replaced by a ‘global
licence of
project’, issued for a single operator. Such a licence must be
related to the transfer of military items in the framework of
joint
industrial programmes of
research, development or production carried out with
companies of EU or NATO Member States. Those joint
programmes must be regulated by specific agreements
ensuring that export of military items take place in accord-
ance with the principles of
Italian Law No 185/1990.
Those agreements must also have provisions similar to
forth in the Framework Agreement between
those set
Italy, Spain, Sweden and the United
France, Germany,
Kingdom concerning measures to facilitate the restructuring
and activities of the European defence industry, which took
place at Farnborough on 27 July 2000,

— with the same global

it may be
authorised the supply of military items, developed or
produced in the framework of joint programmes, to the
abovementioned countries for national military use,

licence of project,

— the global

licence of project has a maximum validity of

three years and can be extended,

— the request for a global licence of project should include:

(a) a description of the joint programme indicating the

military item to be produced;

(b) the indication of companies, where already identified, in
the exporting or importing country. If those companies
are not yet identified, their eventual identification must
be made known to the Ministry of Foreign Affairs
within 90 days from the identification;

(c) the identification of end-users (governmental authori-
in the

ties, authorised public or private companies)
framework of the joint programme,

— those who receive a global licence of project must provide
to the Ministry of Foreign Affairs, on a yearly basis, a
detailed report on activities carried out according to the
issued licence, including data on all operations carried out,

— for deliveries related to the global licence of project, the
company must keep, for five years, records of the docu-
mentation related to supplied items which may demonstrate
the arrival at destination of the above items. All other rele-
vant provisions of Law No 185/1990 still apply.

LATVIA

respect to circulation of arms and weapons, their parts, ammu-
nition, explosives, explosives equipment, special devices and
pyrotechnic products in the Republic of Latvia and determining
classification of these items for the purpose of guaranteeing
individual and public safety, the Law on Arms Circulation was
passed on 6 June 2002, taking effect on 1 January, 2003.

35.
In addition, in 2003 and in 2004 a number of norma-
tive acts were passed pursuant to this Law, strictly regulating
the circulation of arms in Latvia, namely, Cabinet of Ministers
‘Procedure for a
Regulations No 167 of 15 April 2004,
common register of firearms and heavy pneumatic weapons’,
which provides the procedure for maintaining a common
register of firearms and heavy pneumatic weapons of physical
and legal persons in the Republic of Latvia (It should be noted
that these Regulations do not apply to weapons of the national
armed forces) and Cabinet of Ministers Regulations No 538 of
23 September 2003, ‘Regulations for Classification and use of
weapons, ammunition, special devices, explosives, explosives
equipment and pyrotechnic products’. Cabinet of Ministers
Regulations No 647 of 11 November 2003,
'Regulations for
the purchase, registration, recording, storage, transport, ship-
ment, carrying, sale and collection of arms, ammunition and
gas pistols (revolvers), as well as Regulations for Presentations'
are also important elements of Latvia's export controls legisla-
tion.

36.
On 1 May 2004, a Law on the Circulation of strategic
goods came into effect, designed to ensure control over the
circulation of strategic goods in accordance with national and
international interests and international requirements for moni-
toring their export, import and transit.

LITHUANIA

37.
A new Law on the Control of arms and ammunition
which was prepared in Lithuania in compliance with the Direc-
tive 91/477/EEC on the control of arms and ammunition,
entered into force on 1 July 2003. The Law laid down provi-
sion for the classification of arms and ammunition into cate-
gories, consolidated the legal basis of
the circulation and
control of the arms and ammunition as well as the provisions
for arms brokering.
It sets forth common requirements on
information exchange and regulates import, export and transit
of weapons (possession of which is not restricted by license,
e.g. guns for hunting, sport, etc.) used in the civil circulation.

In order to regulate arms matters in the Republic of
34.
Latvia in accordance with international requirements and to
harmonise national legislation in this regard, determining the
rights and obligations of physical and legal persons with

38.
In addition, a law on amending the Law on the Control
on export, import and transit of strategic goods and technolo-
gies to regulate export and import of arms and ammunition
(SALW included) in the Republic of Lithuania was passed in
2003.

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39. More recently a new Law on the Control of strategic
goods (in 2004) entered into force in the Republic of Lithuania.
This law regulates, inter alia, brokering activities.

These criteria are taken into consideration in the issue of
export authorisations of arms and other military equipment.

40.
In 2003 Lithuania's Weaponry Fund introduced a more
stringent registration system of end-user certificates and work
commenced on the State Arms Register (expanding a centra-
lised database with information required, according to the
provisions of the UN Firearms Protocol).

In addition,

45.
the transfer of arms and ammunition
between Member States of the European Union is controlled in
Malta by the Firearms and Ammunition (Movement in Member
States and other Matters) Regulations (Legal Notice 56 of
2004). These regulations entered into force on 1 May 2004.

Lithuania's governmental regulation on the State Arms
41.
Register (which was approved on 21 August 2003) defined
data requirements and the way in which information should be
supplied, stored and maintained. Information will be collected
in the database from the very moment of appearance of arms
(manufacture or import) in the State. The Register prevents the
easy occurrence of illegal weapons and is a very important tool
for tracing weapons.

Also,

42.
the Criminal Code that entered into force in
Lithuania on 1 May 2003 has broadened the scope of existing
legislation and introduced a separate chapter relating to crim-
inal offences on illegal manufacture, illegal possession, illegal
stockpiling and illegal trade of arms.

POLAND

In 2003, Poland conducted a number of

46.
legislative
initiatives connected with its prospective membership of the
European Union and some of these continued into 2004. These
measures were aimed at ensuring full implementation of the
relevant acquis by 1 May 2004, the date of Accession to the
EU. In the sphere of arms, particular attention was devoted to
Council Directive 91/477/EEC on control of the acquisition
and possession of arms and implementation of the principles
contained in the Code of Conduct
thus
Decision
fulfilling
1999/34/CFSP.

for arms export,
Council
in

conditions

contained

LUXEMBOURG

43. While no new legislation was introduced during 2003
in Luxembourg, a review of existing legislation is underway.
Currently, the ‘Law of 15 March 1983 on arms and munitions’,
as well as the Regulation of the Grand Duchy of 31 October
1995 relating to importation, exportation and transit of arms,
munitions and equipment specifically intended for military use
and related technology, constitutes the relevant legal basis in
this area. These are published in the Memorial, the official
journal of Luxembourg.

MALTA

44. Malta has taken measures to ensure that
its export
controls conform with international export control regimes and
to international obligations and responsibilities derived from
membership of the United Nations, EU, and OSCE. In that
context, under current Maltese legislation, the import, export,
transit and transhipment of small arms and weapons are
subject to import and export licences in accordance with the
Importation Control Regulations (Legal Notice 242 of 2004)
and the Military Equipment (Export Control) Regulations (Legal
Notice 269 of 2001). In addition, brokering activities related to
the transfer of arms and weapons between Malta and any other
country are controlled by the Military Equipment
(Export
Control) (Amendment) Regulations (Legal Notice 376 of 2003).
On 1 January 2002 Malta aligned itself with the EU Code of
Conduct on arms exports. The Common Criteria of the Code of
Conduct for the issue of export licences serve as a guideline for
the Maltese competent authorities dealing with export control.

On 14 February 2003, the Law of 21 May 1999 on fire-
47.
arms and ammunition (Journal of Laws No 53, item 549 with
subsequent amendments) was amended by the Law on changes
in the law on firearms and ammunition and by the law on the
Bureau for the Protection of the Government (unified text —
Journal of Laws No 52, item 451) harmonising existing provi-
sions of Polish law with the acquis communautaire. It changed a
number of
including procedures concerning non-
commercial transportation of weapons across the territory of
the Republic of Poland, their import and export for private
purposes, firearms deactivation procedures, rules on the posses-
sion of arms by aliens. It also contains provisions obliging the
Chief Commander of the Police to inform the authorities of
other EU Member States about the types of firearms, possession
of which is permitted or prohibited on Polish territory.

issues,

The abovementioned law is the basis for the following

48.
executive acts:

— the ordinance of the Minister of Economy, Labour and
Social Policy of 7 March 2003 on types of ammunition, the
movement of which on the territory of Poland may be
performed on the basis of permission of
the minister
competent in matters of the economy (Journal of Laws
No 52, item 456) which entered into force on the day of
Poland's accession to the EU,

— the ordinance of

Infrastructure of
the Minister of
6 November 2003 on detailed rules and conditions of
despatching weapons by the entities involved in the trans-
portation and delivery of mail (Journal of Laws No 198,
item 1926), describes the principles of transfers of arms
from authorised foreign entrepreneurs, to physical persons
holding permits for specific types of weapons,

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— the ordinance of the Minister of Internal Affairs and Admin-
istration of 22 December 2003 on specimens of weapon
owner identity cards, weapons purchase permits,
identity
cards for persons permitted to possess the weapons and
weapons registry cards (Journal of Laws No 225,
item
2233) introduces to the Polish legal system the institution
of the European Firearms Pass, principles of registration of
pneumatic weapons, etc.

mentioned entities. New national arms control
legislation is,
however, to enter into force soon, with the view to the latest
EU policies in this field.

53.
The new draft Royal Decree on the Regulation for the
Control of the external trade of defence material, other material
and dual use products and technologies will include brokerage
and technical assistance related to arms, including small arms
and light weapons.

SLOVAKIA

49.
On 23 April 2003 a new Act No 190/2003 on Firearms
and Ammunition was approved by the Slovak Parliament. It
took effect on 1 January 2004, with the exception of some
paragraphs that came into force on 1 May 2004. The Firearms
Act sets the categories of the firearms and the ammunition, the
conditions for their acquirement, holding, carrying and usage,
rights and obligations of their holders, export,
import and
conveyance conditions. It also sets the conditions for the estab-
lishment and operating of the rifle ranges, exhibition of fire-
arms and ammunition, operating of information systems in this
field and sanctions for violation of the obligations laid in this
act.

Two Decrees of the Ministry of Interior have followed

50.
the abovementioned Act:

— Decree No 555/2003 took effect on 1 January 2004. It
specifies the conditions for the scope and the ways of
carrying out examination of an applicant's competence to
hold a firearms pass, administration of record keeping,
conditions for holding and storage of firearms and ammuni-
tion and conditions for securing firearms and ammunition
against their loss, misuse or theft,

— Decree No 208/2004 took effect on 1 May 2004. It intro-
duces the specimen of the European Firearms Pass and its
required elements.

Act No 190/2003 on Firearms

and Ammunition
51.
together with two Decrees of the Ministry of Interior No 555/
2003 and No 208/2004 are based on and fully in line with the
principles and provisions set in Council Directives 91/477 EEC
and
Recommendations
93/216/EEC and 96/129/EC.

Commission

93/15/EEC,

and

SWEDEN

54.
In Sweden, a review of the Weapons Act with regard to
including procedures for marking of
certain specific issues,
SALW, was initiated in 2003 and is ongoing. Also in 2003, a
review of Swedish legislation on military equipment began. The
review will examine the instruments that are used for the
purposes of export controls and propose any changes that may
be needed. The review is still ongoing.

UNITED KINGDOM

55.
In order to help implementation of the Export Control
Act 2002 the Government laid two Orders under the Act
before Parliament on 31 October 2003. These Orders introduce
new controls which came into force on 1 May 2004.

The Trade in Goods (Control) Order 2003 extends
56.
controls beyond simple exports from the United Kingdom to
cover trade (trafficking and brokering) of military equipment
directly between overseas countries. These controls will apply
to trade in any military equipment between overseas countries
where any part of the trading activity takes place in the United
Kingdom. This applies to any activity taking place in the
United Kingdom, whether by a United Kingdom person (indi-
vidual or company) or a foreign visitor. The Trade in
Controlled Goods (Embargoed Destinations) Order 2004 was
laid before Parliament on 11 February 2004 and came into
force on 3 March 2004. This Order introduces extra-territorial
controls on trade in military goods to the nine destinations
currently under full arms embargoes imposed either by the
the EU, or OSCE. Such controls already
United Kingdom,
existed for destinations subject to UN arms embargoes.

SPAIN

I.C. Training of administration,

law enforcement agencies,

judicial organs

In the case of Spain, no new legislation has entered into
52.
force during the year 2003. The regulation in force makes it
necessary to obtain a Certificate of end-user for all exports of
small arms and light weapons to a sensitive addressee or in
transit, with the exception of firearms for the purpose of sports
or hunting, to assure the Spanish authorities that the end-user
is an element of the armed or security forces or other security
related governmental entities; in those countries where private
entities do not exist the final user must be one of the above-

SPAIN

57.
Spanish law enforcement agencies continued to orga-
nise, as in previous years, courses on the criminal treatment of
firearms and explosives and on the application of computer
technology to the control of weapons and explosives. These are
regular seminars organised with the goal of recycling and
updating officers of the relevant agencies on the subjects.

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I.D. Other initiatives or activities

DENMARK

58.
In 2003, Denmark contributed to a study of the imple-
mentation of Council Directive 91/477/EEC of 18 June 1991
on the acquisition and possession of weapons. An objective of
the study was to enhance the information exchange system
under Directive 91/477/EEC.

In 2003, the Danish police started to use a national
59.
computerised weapon register which contains a record of all
weapon permits issued by the police as well as information on
weapon owners and that of lost weapons. All relevant informa-
tion regarding the specific weapon such as the weapons char-
acter, type, make, model, serial number, calibre, personal mark
and distinctive marks can be recorded in the register.

It is planned however but not yet accomplished, that all
60.
importers and producers shall update the weapon
dealers,
register with information of weapons in their weapon books or
register. Likewise it is planned to merge the rifle clubs register
with the new central register of the police.

FRANCE

In 2003, France published the report of the Minister for

61.
Defence to Parliament on French exports in 2001.

for

62. Within the context of national procedures
the
control of exports of combat material and similar equipment,
France is making efforts to avoid the spread of small arms and
light weapons, in particular to areas of conflict. It is carefully
applying the restrictive provisions provided in the European
Code of Conduct in this regard by strictly monitoring the end
destination of the equipment and the risks of use contrary to
the principles and objectives of the international community
and the foreign and security policy of the European Union in
particular.

Greece

strictly implements

65.
the provisions of Law
2168/93 and the ensuing ministerial decisions so that legally
possessed firearms are not diverted to the illegal market. A
minimum of controls per month on every enterprise or dealer
of weapons has been imposed. Orders were issued to police
directorates to proceed with a full
inventory of all types of
weapons and their ammunitions found in arms-trading enter-
prises. Data deriving from these controls are cross-checked
with those of the central database in order to avoid any illegal
transaction.

66.
There is close cooperation between the Greek police and
other competent authorities, namely the coastguard, customs,
etc. There is also an exchange of information between the
Greek police and the competent authorities of the countries of
origin of the SALW.

LITHUANIA

Through its Weaponry Fund, Lithuania destroyed 767

67.
small arms and light weapons in 2003.

LUXEMBOURG

68. With regard to the destruction of arms, the method used
by Luxembourg (Luxembourg armed forces, Grand Duchy
is destruction by the
police and customs administration)
cutting of these weapons into pieces. This destruction is dealt
with by the armouries of the respective services. The cut metal
is kept in a container and is transported by the authorities of
the armouries to a steel manufacturing company where, in the
presence of witnesses, these metals are melted down in elec-
tronic smelting furnaces. Afterwards a report is drawn up.

THE NETHERLANDS

The Netherlands supported the ‘Biting the Bullet’ project
69.
International Alert and Basic
carried out by Saferworld,
(London), the Institute for Security Studies (ISS) in Pretoria and
Small Arms Survey (Geneva).

GERMANY

The German Federal Armed Forces destroyed more than

63.
150 000 small arms and light weapons in 2003.

POLAND

GREECE

70.
In 2003, 45 weapons and 3 034 rounds of ammunition
were confiscated by the Polish Border Guard, while the Police
confiscated 2 750 weapons and 157 143 rounds of ammuni-
tion.

Greece has established an electronic database in which
64.
all legally imported and possessed SALW are registered. This
database is constantly updated with new entries and deletions.
Apart from the ability to have readily available at any moment
information concerning possessors of weapons legally held in
the country, there is also the possibility to track down every
weapon from its entry into the country to its current possessor.
All seized and confiscated weapons, as well as ones lost and
found, are registered in this database.

SLOVAKIA

Slovak-Dutch bilateral expert

71.
talks were held in The
Hague from 17 to 21 March 2003. The agenda of the meeting
was focused on the mutual exchange of the information in the
field of exports control of conventional arms. A follow-up of
the meeting to be held in Bratislava is being prepared.

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SPAIN

72.
A new operational policy has been put into force in
Spain, with a view to reinforcing inspection activities and to
implement common criteria during the inspection operations,
and with the goal of carrying out a more efficient control on
the plants and facilities connected or in relation with firearms
and explosives. Consequently,
instructions have been passed
ordering that these plants and facilities should be inspected at
least three times a year.

73.
The Spanish authorities have a total of 231 880 firearms
of different kinds and types stockpiled (bonded, seized and
confiscated). Some 17 768 firearms will be auctioned and
27 141 others destroyed. The Spanish relevant authorities,
coordinated by the Central Inspection for Arms and Explosives
of the Guardia Civil, seized a further 215 illegal firearms in
2003.

During 2003,

the Spanish authorities

74.
carried out
17 841 inspections to facilities where firearms and/or explo-
sives are produced or stored (including factories, commercial
outfits, sports shooting facilities, private security companies,
etc.); of those, 10 099 inspections were carried out at facilities
related to firearms and 7 742 inspections at facilities where
explosives are produced or
stored. Additionally, Spanish
customs and tax officials paid several visits to ports and
airports as part of
fight against gun-
their programme of
running.

SWEDEN

75.
The Swedish National Defence College conducts a broad
programme on disarmament, demobilisation and reintegration
(DD & R), which includes both national and international
training.

UNITED KINGDOM

development assistance programmes. During consultations in
2002/2003 it became clear that we need more evidence of the
impact of arms and armed violence on poverty if we are to
engage the development community successfully. DFID has
commissioned research on this issue and is working with a
group of donors on using the findings as the basis for devel-
oping OECD Guidelines on arms and poverty in 2005.

II. INTERNATIONAL IMPLEMENTATION EFFORTS DURING

2003

II.A. Measures to combat the accumulation and spread of
small arms and light weapons, and to prevent illicit traf-
ficking in conventional arms

II.A.1. Financial, technical and other assistance given to
relevant programmes and projects conducted by
the UN, ICRC and other international or regional
organisations and NGOs

II.A.1.1. Actions and projects supported by the European Union

77.
Four projects for a total amount of EUR 3 256 953
were co-financed by the EU through the Common Foreign and
Security Policy (CFSP) budget in 2003. These projects were as
follows:

— Cambodia:

Council

2003/806/CFSP

of
Decision
17 November 2003: this project began in 1999 and was
adapted and extended four times. Funding for 2003 was
EUR 1 436 953. This is an integrated programme involving
legal assistance in drafting an arms law, weapons collection
and destruction, building of safe storage facilities and
It is the only SALW
weapons-for-development schemes.
project implemented and managed by the EU and is firmly
supported by the Cambodian government. The project was
evaluated and audited in 2001,

76.
The United Kingdom Ministry of Defence destroyed
more than 24 000 small arms and light weapons in 2003. The
United Kingdom laid the foundations in 2003 for an important
international initiative to control the supply of, and reduce the
demand for SALW. The demand for SALW stems partly from
economic and physical insecurity. The United Kingdom believes
that by reducing poverty and encouraging sustainable develop-
ment, we can counter people's perceived needs for small arms.
Through the Armed Violence and Poverty Initiative, the United
Kingdom will address the demand for small arms by integrating
our work to reduce small arms and armed violence into wider

— Albania: Council Decision 2003/276/CFSP of 14 April
2003 on SALW ammunition destruction: since the Agree-
ment was signed, the funding profile for the project has
changed considerably. The project is now receiving an EU
contribution of EUR 820 000, a second contribution of
USD 500 000 by the United States of America and a contri-
bution of GBP 400 000 by the United Kingdom. These
contributions were all for the first two years of the project.
The NATO Maintenance and Supply Agency (NAMSA) is
returning now to the original plan of installing a high capa-
city explosive waste incinerator (EWI) of the ‘armoured
rotary kiln’ type,

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— Lima, Latin America and the Caribbean, DDA/UN-LIREC:
Council Decision 2003/543/CFSP of 21 July 2003
concerning a further European Union contribution to
combating the destabilising accumulation and spread of
small arms and light weapons in Latin America: the EU
contributed EUR 700 000 to this project in 2003,

— Belgrade

Council

(UNDP-SEESAC):

Decision
2003/807/CFSP of 17 November 2003 concerning a
further contribution to the running costs of the Stability
Pact/UNDP Regional Clearinghouse on Small Arms and
Light Weapons: the EU contributed EUR 300 000 to this
project in 2003.

78.
A further four projects totalling EUR 48 760 000 for
the collection of small arms and light weapons as well as disar-
mament, demobilisation and rehabilitation (DDR) operations
were carried out in the African, Caribbean and Pacific (ACP)
through bilateral agreements concluded with the
countries,
European Commission through the European Development
Fund (EDF) and EC budget:

— Tanzania: support to the Tanzanian action plan for arms
management and disarmament, through the EDF budget for
an amount of EUR 2 000 000 over a three-year period, was
given,

— Ivory Coast:

the EU gave

support of EUR
5 000 000 through the EDF budget for DDR in the Ivory
Coast within the framework of a larger post conflict rehabi-
litation programme,

specific

views on most issues such as marking and tracing of SALW
and on brokering legislation. On SALW the United States of
America (USA) stressed that the accent should be on national
implementation and export control. The USA shared the views
of the EU that an instrument on tracing and marking should be
negotiated. The Presidency underlined that the EU and the USA
were on the forefront on the issue of brokering. The USA is
actively involved on the issue for control of excess Man PADS
in third countries.

The EU-Canada Troika meeting on 7 November 2003

80.
The Presidency recalled the EU-Canada Joint Statement
which reaffirmed the EU-Canada common commitment to fight
the spread of SALW. With the EU, Canada supports a legally
binding instrument in tracing, marking and brokering. The
Canadian delegation welcomed the Action Plan and made it
clear that Canada had the same priorities as the EU in the field
of SALW. Canadian priorities were human security, implemen-
tation matter, as well as collection and destruction. It had a
people-centred approach on this matter (children in armed
security reform at community level, notably in
conflicts,
Africa). Canada was in favour of a much closer cooperation
with the EU in this area.

— Liberia: EUR 40 000 000 under the EDF budget in support
of DDR in Liberia within a wider post conflict rehabilitation
programme was given by the EU,

— Sierra Leone: the EUR 1 760 000 support provided by the
EU under its EC budget to the Truth and Reconciliation
Commission and the Special Court for Sierra Leone also
includes DDR and legal assistance on arms law.

II.A.2. Financial,

technical and other assistance by EU

Member States given to SALW projects

81.
As well as projects funded by the European Commis-
sion, a number of Member States have given financial assis-
tance to a wide range of SALW projects. Instances of such
funding include the following:

II.A.1.2. EU cooperation with other States

BELGIUM

The EU-US Troika meeting on 7 July 2003, New York

79.
The meeting was largely devoted to questions connected
with the First Biennial Meeting of States. Large convergence of

82.
In order to support projects on the conversion and rein-
tegration of ex-combatants and the collection of illicit SALW
Belgium contributed for an amount of EUR 3 000 000 to the
UNDP project
‘Community Recovery, Reintegration of Ex-
Combatants and Small Arms Collection, Storage and Destruc-
tion Programme’ in the Democratic Republic of Congo.

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ESTONIA

83.
In 2002 to 2003 Estonia contributed financially to the
PfP Trust Fund project, Albania II: Destruction of Ammunition
for SALW in Albania.

89.
Germany supports the reintegration of ex-combatants in
Burundi through a project which runs from 2003 to 3004. The
project has
empowerment of
communal reintegration structures, revitalisation of agricultural
production, income generation and rehabilitation of infrastruc-
ture.

four main components:

FINLAND

84.
Finland has given a financial contribution to the Small
Arms Transparency and Control Regime (SATCRA) Programme
in Africa. The project aims at strengthening State capacity in
the prevention of proliferation of small arms by developing
methods for tracing and marking, making efforts to harmonise
legislation concerning small arms, improving stockpile manage-
ment and by developing monitoring and verification in order
to ensure compliance. The project is administered by the UN
Centre for Peace and Disarmament in Africa.

85.
Finland also offers financial support to the UNDP Arms
Control Programme in Albania and has seconded a small arms
expert as International Technical Expert for the Programme for
2002 to 2003. The scope of the Programme has included
public awareness and information, development projects,
logistic support to weapons collection teams and a pilot data-
base project for weapons control.

In close cooperation with the United Nations Organisa-
90.
tion in the Democratic Republic of
the Congo (MONUC),
Germany supports the return of Rwandan ex-combatants from
Eastern Congo through a project which runs from 2003 to
2004. Further projects are envisaged.

91.
Germany supports the Multi-country Demobilisation
and Reintegration Programme for the Greater Great Lakes
Region through a four-year project (2003 to 2006). Besides
bilateral technical cooperation in the MDRP context, special
contributions such as capacity building measures (e.g. a work-
shop on monitoring, evaluation and management information
systems in DD & R contexts for the MDRP partner agencies)
are made.

Germany supports

92.
the Rwanda Demobilisation and
Reintegration Commission (advisory services) and the reintegra-
tion process through a four-year project (2003 to 2006).

86.
Finland is supporting the Small Arms Control Project in
Guatemala implemented by IEPADES — Instituto de Enseñanza
para el Desarrollo Sostenible. The aim of the project is to
consolidate a national programme of arms control with the
participation of governmental actors and interested civil society
groups.

93.
Germany supports the World Bank Trust Fund for the
national demobilisation programme in Sierra Leone through a
two-year project (2003 to 2004); this is supplemented by bilat-
eral projects for the re-integration of former combatants in
Sierra Leone.

Finland also seconded a small arms expert to the Grad-
87.
uate Institute's Programme for Strategic and International
Security Studies' Small Arms Survey Programme and partici-
pated in the financing of the Programme for the year 2003.

The German Government has agreed to support the East
94.
African Community (EAC) Secretariat in its effort to stem the
illicit proliferation of SALW.

GERMANY

a

of

supports

Germany

reintegration
number
88.
including one in which it has given financial
programmes,
support in two phases (1996 to 2003 and 2003 to 2006) to
assist in the social and economic reintegration of ex-comba-
tants and their families in Angola. For the purpose of reintegra-
tion, capacities of local governments and administration are
strengthened to develop and implement concepts for reintegra-
tion and rural development. Reintegration of ex-combatants is
also supported on the local level through socioeconomic devel-
opment projects.

95.
In Uganda, Germany supports the national focal point
on small arms. In accord with the UN Programme of Action on
the Ugandan
Small Arms and other
Government has created a bureau for the coordination of small
arms control. The German Government facilitated the process
to equip and consolidate the office of the bureau for small
arms control.

regional agreements,

96.
The German Government has a number of awareness-
raising programmes, including one which supports the Bonn
International Centre for Conversion (BICC) Help Desk project
in its efforts to enhance the level of knowledge on the SALW
problem, as well as raise the awareness among the population.

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97.
In Angola, the German Government has supported a
local project implemented by the Angolan NGO, Angola 2000,
together with SaferAfrica, also an NGO. This project aims at
raising the awareness of the necessity to reduce the negative
effects of small arms availability in society. The following activ-
ities have been undertaken thus far:

101.
In El Salvador, Germany supports efforts to raise the
awareness amongst pupils, parents and teachers about armed
violence at schools and efforts to adopt measures to contain it.

— training of local actors for weapons management and prac-

IRELAND

tical disarmament,

— training of local actors in survey techniques and quantita-

tive data analysis,

— conducting a survey on human security in selected areas,

— seminar for the distribution of the findings,

102.
Ireland contributed EUR 100 000 to a Canadian-led
project to destroy SALW ammunition in Albania. Ireland also
pledged EUR 30 000 to a Netherlands-led project in Serbia and
Montenegro. In 2004 Ireland committed itself to contributing
EUR 90 000 to a new SaferAfrica project, Sustaining Action,
which will run from 1 April 2004 to 31 December 2006. The
project has the objective of providing assistance to those
engaged in the combating and eradication of illicit trade in
small arms and light weapons.

— advocacy work at the national level for the creation of a

national plan of action.

In Cambodia,

98.
the local NGO, Working Group for
Weapons Reduction, works to train other local NGOs in aware-
ness raising campaigns. These activities are also funded by the
German Government. Activities undertaken so far:

— needs assessment in the Kampong Thom NGO community,

— conducting training manual workshops,

LUXEMBOURG

103.
In 2003, Luxembourg, at the national level, contrib-
uted EUR 105 000 to the Programme of Partnership for Peace
of NATO for the implementation of the project, ‘Destruction of
ammunition for small arms and light weapons in Albania’
carried out by NAMSA.

— draft handbook and training manuals to support local NGO

work on small arms,

THE NETHERLANDS

— financial support and promoting local NGOs in working on
small arms and in the running of further workshops, and

104.
The Government of the Netherlands gave contributions
of EUR 2,27 million under its Small Arms and Light Weapons
Fund to SALW projects in 2003:

— UNDP

south-east

Europe

small

arms

clearinghouse,

— evaluation of the pilot project.

Belgrade,

In Georgia,

the German Government

99.
the
Caucasus Institute for Peace, Democracy and Development
(CIPDD). Together with other Georgian non-governmental
organisations, CIPDD aims to enhance the knowledge about the
problems related to SALW in selected regions of Georgia, and
to prepare civil-society actors and government authorities, both
local and national, to enhance the population's safety.

supports

— the UN-LIREC regional clearinghouse programme on fire-
arms ammunitions and explosives in Latin American and
the Caribbean,

— SALW destruction in Serbia and Montenegro (NAMSA),

— destruction of SALW munitions in Albania (NAMSA),

In Malawi,

100.
the German Government supports the
preparation of an information base and a strategy for small
arms control in Malawi. Here, Germany is working together
closely with the Government of the United Kingdom. Germany
has not only assisted in an assessment of the small arms situa-
tion in Malawi, but has also supported the establishment of the
national point of contact (NFP).

— SaferAfrica's arms management and disarmament proposal:
initiatives to reduce proliferation of illicit small arms and
light weapons in regions such as South Africa, East Africa
and the Horn of Africa,

— destruction of small arms and light weapons in Afghanistan

(HALO Trust),

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— EU ASAC SALW registration and storage project in Military

Region 4, Cambodia,

— small arms programme, VIVA RIO, Brazil.

— support

for

International Action Network Small Arms
(IANSA); the publication ‘Implementing the Programme of
Action 2003’

POLAND

THE UNITED KINGDOM

In the framework of the NATO Euro-Atlantic Partner-
105.
ship Council (NATO-EAPC), Poland contributed USD 10 000
to the international fund for the destruction of ammunition
surplus in Albania in 2003. The project is being undertaken in
the framework of the Partnership for Peace Trust Fund, coordi-
nated by NAMSA.

SPAIN

The Spanish Agency for

106.
International Cooperation
(AECI) is financing since 2002, in Colombia's capital Bogota, a
project with the aim to combating the problem of violence in
the city, and establishing a citizens voluntary disarmament
process, through an exchange of firearms in return for food.
This is also accompanied by a series of public debates, work-
shops and meetings addressing the issue of how to reduce
violence and criminality in Bogota, together with the preven-
tion of the improper use of narcotic substances. AECI's contri-
bution to the project consisted of EUR 24 000 in 2002 and
EUR 35 000 in 2003.

SWEDEN

107.
to SALW, including the following:

In 2003 Sweden supported various programme related

— destruction of SALW ammunition in Albania, Nato PfP

(NAMSA),

108.
As one of the largest donors to projects for combating
the proliferation and misuse of small arms the United Kingdom
continued to disperse the GBP 19,5 million that it committed
to spend between 2001 and 2004. This spending is on projects
run by UN agencies, regional organisations, governments and
NGOs. United Kingdom-supported projects include weapons
collection, management and destruction programmes; assis-
tance in effective implementation of existing regional agree-
ments; development of national action plans on small arms;
and support for civil society. The United Kingdom continued to
initiatives to combat
work to strengthen existing regional
SALW proliferation and abuse, including in Southern, East and
West Africa, and Central and South America.

II.A.3. Coordination of practical measures with other
Member States and with the European Commission

Issues of SALW were discussed in 2003 in the
109.
COARM, CODUN and CONOP Troika meetings with the
Russian Federation, Ukraine, Canada,
the United States of
America, China and South Korea, as well as in the joint
Working Groups on SALW between the EU and the US and
Canada.

II.A.4. Participation in, or organisation of

international

seminars and conferences

— DD & R and NGO capacity building regarding SALW issues

in Latin America (UN-LiREC),

HUNGARY

— SALW regional Programme in Latin America (Arias Founda-

tion),

— SALW regional Programme in Latin America,

including
support for ‘the Parliamentary Exchange Initiative on Fire-
arms’ (SweFOR),

— regional project West Africa (Sierra Leone, Guinea, Liberia)

(World Conference on Religion and Peace),

— support for Small Arms Survey yearbook 2003, and

Hungary,

110.
in cooperation with the US Department of
State, Bureau of Non-proliferation, Office of Export Control
Cooperation, organised the Fifth International Conference on
Export Controls in Budapest, Hungary during 15 to 17
September, 2003 (The conference was the fifth in a series of
events known as the ‘Oxford Process’). More than 180 export
control officials from over 40 countries and the representatives
of the multilateral export control regimes and of industry and
NGO community participated. One of the main topics of the
conference was the discussion on new approaches in control-
ling conventional arms, especially certain types of SALW such
as Man PADS.

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111.
At a regional level, together with the US Department
of State, Bureau of Non-proliferation, Office of Export Control
Cooperation, Hungary organised an export control seminar for
South Eastern European countries in Szeged, Hungary in June
2003. The conference presented basic building blocks of an
effective export control system and provided an opportunity to
discuss regional approaches and concerns,
the latter being
mainly how to tackle SALW related problems in the region.

ITALY

112.
In 2003, Italy actively participated in several regional
and global exercises aimed at exchanging information on
national procedures and identifying common solutions to
problems related to the illicit trafficking of small arms and light
weapons.

113.

In particular, Italy attended the following events:

— conference on export controls of small arms and light

weapons (London, 14 and 15 January 2003),

— OSCE seminar on the regional implementation of the UN
Programme of Action against the illicit trafficking of small
arms and light weapons (Bucharest from 24 to 26 February
2003), granting a contribution of EUR 22 000 for its orga-
nisation,

LITHUANIA

114.
Lithuania supported and contributed to a report
entitled, ‘Arms Transit Trade in the Baltic Region’ on the assess-
ment of transit control systems and efforts to combat illicit traf-
ficking in Estonia, Latvia, Lithuania, Poland and the Russian
region of Kaliningrad.

During the Lancaster Conference held in the United
115.
Kingdom in January 2003 Lithuania was among those States
that recognise the importance of effective controls on SALW
brokering activities and the need to strengthen efforts in imple-
menting relevant commitments in the UN Programme of
Action. Lithuania supported the development of adequate
national
legislation to regulate SALW brokering activities as
well as further steps to enhance international cooperation in
preventing, combating and eradicating illicit brokering of
SALW.

116.
Experts from Lithuania actively participated in meet-
ings in January 2003 in London and June 2003 in Prague) of
the SALW Consultative Group Process, the aim of which was
to help to ensure that the Programme of Action agreed at the
UN Conference on the Illicit Trade in SALW in All Its Aspects
is fully implemented and developed further,
leading to the
implementation of effective measures to prevent and reduce the
proliferation and misuse of SALW.

— seminar on the implementation in south-east Europe of the
2001 UN Programme of Action against the illicit trafficking
of
(Ljubljana, 11 and
12 March 2003),

small arms and light weapons

Lithuania also presented a report to a Franco-Swiss
117.
workshop on ‘Traceability of SALW:
tracing, marking and
record-keeping’ and is in favour of developing a legally binding
instrument to enable the timely and reliable tracing of SALW.

— seminar on regional export control regimes (Skopje, 20 to

22 March 2003),

— conference on ‘Further Steps

to Enhance International
Cooperation in Preventing, Combating and Eradicating
Illicit Brokering in Small Arms and Light Weapons’ (Oslo,
22 to 24 April 2003),

THE NETHERLANDS

— seminar on ‘The implementation,

in the Central African
Region, of the Programme of Action adopted at the 2001
United Nations Conference on the Illicit Trade in Small
Arms and Light Weapons’
(Brazzaville, 12 to 14 May
2003),

— seminar on dangers to security caused by excessive stock-
pile of explosives and ammunitions in the OSCE region
(Vienna, 27-28 May 2003),

— workshop ‘EU-Belarus cooperation to increase security in a

wider EU’ (Warsaw, 24 and 25 November 2003),

118.

The Netherlands undertook the following activities:

— the organisation and co-funding of the ‘Dutch Norwegian
Conference on further steps to enhance international coop-
eration in preventing, combating and eradicating illicit
brokering in small arms and light weapons’, Oslo 22 to
24 March 2003,

— contribution to the Jordan Institute of Diplomacy confer-
ence on the implementation of
the UN Programme of
Action on illicit trade in SALW in the Arab region, Amman
23 to 24 June 2003,

— conference on ‘The implementation, by Arab States, of the
UN Programme of Action on the Illicit Trade in Small Arms
and Light Weapons’ (Cairo, 16 to 18 December 2003).

— contribution to the UN/OSCE conference on SALW in

Ljubljana, 11 and 12 March 2003,

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— as Chairman-in-Office (CiO) of

the OSCE in 2003, the
Netherlands organised the OSCE Economic Forum in 2003
on ‘Trafficking in SALW, drugs and human beings’
in
Prague (20 to 23 May 2003),

— the Netherlands took part in the UN expert group to study
instrument on marking

the feasibility of an international
and tracing of SALW,

— side meeting on the Dutch Norwegian Initiative to combat
illicit brokering (results Oslo Conference on Brokering) at
the UN Biennial Meeting on the implementation of the UN
Programme of Action on illicit trade of SALW in all
its
aspects, July 2003,

new Firearms Regulation, according to EU standards, and both
signed a Cooperation Protocol.

123.
In May Spain attended the First Meeting of the Perma-
nent Parliamentarian Forum on small arms and light weapons
(SALW), composed of Members of the Parliaments of Spain,
Sweden and Central American countries that took place in
Panama. This meeting is part of a process geared at improving
the arms legislation's of central American countries through the
exchange of experiences among the Members of Parliament;
promotion of the universalisation of the relevant international
treaties is also an integral part of the project.

— consultations with regional organisations (Ecowas, SADC,
ASEAN, Pacific Forum, OAS) on further steps to enhance
regional cooperation to combat illicit brokering (New York,
July 2003),

II.A.5. Other initiatives

and

ESTONIA

— first consultative meetings with OSCE missions in Vienna
on the introduction of an OSCE instrument on brokering
(Dutch Norwegian initiative, together with Germany).

POLAND

In April 2003, Polish experts

119.
from Ministry of
Economy, Labour and Social Welfare and from the Ministry of
Foreign Affairs held a seminar for government experts in
Bosnia and Herzegovina, on principles and Polish solutions in
export/import control of arms and dual use goods, including
SALW, as a follow on to their visit to Poland.

On 24 and 25 November 2003, a seminar on ‘EU-
120.
Belarus cooperation for increased security in enlarged EU’ was
organised in Warsaw, in cooperation with British and Belarus
authorities and the NGOs, Saferworld and Voluntas.

124.
‘Arms
Estonia supported and contributed to a report,
Transit Trade in the Baltic Region’ on the assessment of transit
control systems and efforts to combat
trafficking in
Estonia, Latvia, Lithuania, Poland and the Russian region of
Kaliningrad.

illicit

FRANCE

125.
France is participating in the work of the national
group of experts of Council Directive 91/477/EEC of 18 June
1991 relating to the acquisition and movement of firearms.
The current work, promoted by the Commission, is directed
towards a revision of the directive in order to incorporate the
provisions of the Protocol on Firearms of 8 June 2001, in par-
ticular those relating to markings, registration of arms as well
as provisions relating to the neutralisation and definition of
antique weapons.

121.
Polish experts also took active part in seminars and
workshops devoted to such issues as the control of small arms
and ammunition, their export, destruction, and the protection
of warehouses in London, Bucharest, Oslo, Ljubljana, Minsk
and other venues.

POLAND

SPAIN

122.
During 2003 the Spanish Guardia Civil assisted the
Police of the Principality of Andorra in its efforts to elaborate a

126.
From its inception Poland has been active in the Task
Group on organised crime in the Baltic Sea region. Given that
Polish borders were to become the borders of enlarged EU
from 1 May 2004 onwards, collaboration of
the customs
services and border guard in the combating of illicit trade,
particularly involving trafficking of firearms, ammunition and
explosives, was one of Poland's main priorities within the
Group.

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II.B. Participation in the work of international organisations
and regional arrangements in the field of conventional
arms, especially small arms and light weapons

132.
Hungary also supported and made a financial contribu-
tion to a conference on small arms controls in South Eastern
Europe in Ljubljana, Slovenia, which was organised by the UN
and the OSCE.

II.B.1. United Nations

127.
The European Union has been very proactive in this
forum. Below are some details of the work and initiatives
carried out by a number of Member States.

FRANCE

the peace-keeping operation of

France has participated in disarmament operations
128.
within the context of
the
United Nations (Operation Artemis in the Democratic Republic
of the Congo June to September 2003) and/or regional organi-
sations (Ecowas: Operation Unicorn in the Ivory Coast since
June 2003) as well as in the Balkans (KFOR) and in Afghanistan
(ISAF).

129.
A French expert participated in a group of government
experts who drafted a report on the possibility of drawing up
an international instrument on the identification and quick and
reliable tracing of illegal light arms, submitted to the General
Assembly of the United Nations in July 2003.

GERMANY

LITHUANIA

Lithuania participates in the work of the UN and the
133.
OSCE in the field of SALW. Lithuanian experts were active
participants during the discussions on the Firearms Protocol
supplementing the UN Convention Against Transnational Orga-
nised Crime, the so-called Vienna Protocol. Lithuanian experts
also participated in the first Biennial Meeting of States on the
implementation of the UN Programme of Action, which took
place in July 2003 in New York.

MALTA

134. Malta applies and implements in full,
through its
national legislation, the provisions of arms embargoes decided
upon by the United Nations Security Council and supports UN
General Assembly resolutions relating to issues on conventional
weapons, the illicit trade in small arms and light weapons,
transparency in armaments and transparency of military expen-
ditures. Malta also submits on an annual basis its report in
conformity with UN General Assembly resolution, A Transpar-
ency in Armaments.

130.
Germany supported and contributed to a regional
conference on small arms and light weapons organised by the
UN and the Arab League in December 2003 in Cairo. The aim
of the conference was to deepen the understanding of the UN
Programme of Action in the region and to promote regional
consensus on important aspects of the control of small arms
and light weapons. Germany also supported a conference on
small arms control in south-east Europe in Ljubljana, which
was organised by the UN and the OSCE.

THE NETHERLANDS

The Netherlands actively participated (member of the
135.
Bureau) in the Biennual Meeting of States Parties on the imple-
mentation of the UN Programme of Action in July 2003 in
New York.

HUNGARY

SPAIN

Hungary has been active in the work of international
131.
organisations and regional arrangements in the field of SALW.
In the run up to the First Biennial Meeting of the UN on the
implementation of the UN Programme of Action, Hungary
participated in a conference at Lancaster House in London in
January 2003 on strengthening of arms export controls of
SALW and a seminar on brokering in Oslo in April 2003. Both
conferences aimed to take forward the work laid out in the
2001 UN Programme of Action.

136.
Spain also attended the UN biennial meeting in July
2003 and, in December 2003, Spain submitted to the UN its
first report on its implementation of the Programme of Action.
During 2003 the Spanish Armed Forces and the Guardia Civil
took part in international cooperation efforts linked to small
arms and light weapons, and its effective control, in coopera-
tion, or under the auspices of
the UN or NATO in the
following countries: Afghanistan, Bosnia and Herzegovina, the
Democratic Republic of Congo, Eritrea, Ethiopia, Georgia,
Guatemala, Kuwait, the former Yugoslav Republic of Mace-
donia and the Serbian province of Kosovo.

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THE UNITED KINGDOM

artillery systems from 100 mm to 75 mm, and adding Man
PADS as a subcategory under the existing category of ‘Missiles
and missile launchers’. Member States can now also record
transfers of SALW in their annual report to the Register as part
of additional background information.

transfers.

In July 2003,

side meetings,

137.
Following the January 2003 Lancaster House Confer-
ence on Strengthening Export Controls, the United Kingdom
was active in raising awareness and building consensus among
States on the need to strengthen controls on small arms and
the United
light weapons (SALW)
Kingdom organised two successful
in the
margins of the UN Biennial Meeting of States (BMS) to review
the implementation of the UN Programme of Action (UN POA)
on small arms. Around 30 co-sponsors and many other inter-
ested States discussed ways to strengthen international controls
on small arms transfers. The meetings established a consider-
able degree of support for building regional consensus on a
common approach on transfer controls in line with existing
commitments in the UN POA. As a result the United Kingdom
launched the Transfer Controls Initiative. This seeks, within the
framework of the UN Programme of Action, to prevent irre-
sponsible transfers, which might contribute to instability,
conflict or repression. Not only does the initiative cover export
controls, but also import controls and transhipment. Diverse
security concerns mean different
approach this
problem with distinct perspectives. Many countries are now
constructively engaged in a regional process with the United
Kingdom and key partners in carrying forward this process by
series of regional workshops in Latin America, East and West
Africa and south-east Asia. These are regions where the small
arms problem is acute. The United Kingdom aims to seek
minimum common international controls on SALW transfers
within the UN Programme of Action (UN POA) at the UN
Review meeting on small arms in 2006.

regions

138.
During 2003, the United Kingdom provided an expert
for the UN Group of Government Experts on Marking and
Tracing of SALW which presented its report to the July Bien-
nial Meeting of States. It also supported the Decision in SALW
Resolution 58/241 in December 2003 to set up an open-ended
working group to develop an international
instrument on
marking and tracing; and will provide an expert accordingly. In
October 2003, the United Kingdom was active in support of
the small arms
the UN General
resolutions adopted at
Assembly. The United Kingdom has also been active in
supporting the UN Register of Conventional Arms in its work
on SALW.

139.
During 2003 the United Kingdom supported and
provided an expert to the Group of Governmental Experts on
the Register. For the first time since its establishment in 1992,
agreement was reached on significant technical adjustments to
including lowering the reporting threshold of
the categories,

II.B.2. UNGA First Committee

140. Member States have taken the following positions on
the resolutions relating to small arms issues, which were
adopted by the 58th UNGA First Committee:

— Resolution 58/28 Objective

Information on Military
including Transparency of Military Expenditures,

Matters,
introduced by Germany, co-sponsored by all EU countries,

— Resolution 58/39 Conventional Arms Control at

the
Regional and Sub-regional Levels,
introduced by Pakistan
with co-sponsorship from Bangladesh, Belarus, Germany,
Italy, Nepal, Peru, Spain, Ukraine, and the former Yugoslav
Republic of Macedonia, adopted with a vote, supported by
all EU countries,

— Resolution 58/42 National Legislation on Transfer of Arms,
Military Equipment and Dual Use Goods and Technology;
tabled by the Netherlands, supported by all EU countries,

— Resolution 58/54 Transparency in Armaments (TIA); intro-
duced by the Netherlands, adopted with a vote, co-spon-
sored by all EU countries,

— Resolution 58/55 Promotion at the Regional Level in the
Organisation for Security and Cooperation in Europe of the
United Nations Programme of Action on the Illicit Trade in
Small Arms and Light Weapons in all its Aspects, intro-
duced by France and the Netherlands, co-sponsored by all
EU countries,

— Resolution 58/58 Assistance to States for curbing the illicit
traffic in small arms and light weapons, introduced by Mali,
supported by all EU countries,

— Resolution 58/70 Strengthening of Security and Coopera-
introduced by Algeria,

tion in the Mediterranean region,
supported by all EU countries,

— Resolution 58/241 The Illicit trade in small arms and light
weapons in all its aspects; tabled by Colombia, Japan and
South Africa, adopted with a vote, supported by all EU
countries, and

— Decision 58/519 Consolidation of Peace through Practical
Disarmament Measures', introduced by Germany, co-spon-
sored by all EU countries.

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II.B.3. OSCE

FINLAND

Forum for Security Cooperation for
pursuant to the OSCE SALW Document.

requests

submitted

141.
the field of SALW through a number of measures:

Finland has contributed to the work of the OSCE in

ITALY

— secondment of an FSC Support Officer to the Conflict
Prevention Centre in the OSCE in charge of small arms
issues,

— contribution of a chapter on export control to the OSCE
Handbook on small arms and light weapons which is
intended to be a practical tool for the participating States
and international organisations,

— contribution of expertise for the OSCE programme on
border control management countering small arms traf-
ficking in Central Asia,

— contribution to the voluntary fund administered by the
OSCE mission to Moldova. The purpose of the fund is to
render assistance in destroying surplus weapons and ammu-
nition in Moldova,

— contribution to the voluntary fund at the OSCE mission to
Georgia. The purpose of the fund is to give assistance in
destroying surplus weapons and ammunition in Georgia,

— contribution to the rapid reaction fund at

the OSCE
mission to Georgia. The purpose of the fund is to give assis-
tance to communities that voluntarily hand over arms.

In 2003,

Italy continued to actively implement the
145.
OSCE document on small arms and light weapons, adopted in
November 2000. In that framework, Italy presented national
updates to the information exchange on major aspects of
SALW (production, marking,
controls, brokering,
destruction techniques) established by the above OSCE docu-
ment.

export

146.
Italy also contributed to the adoption of the OSCE
Handbook of best practices on small arms and light weapons.
Furthermore, Italy contributed to the adoption of the Decision
No 7/03 of the OSCE Forum for Security Cooperation, adopted
on 23 July 2003, on the need to establish and implement strict
export controls criteria on transfers of
‘Man portable air
defence systems’ (Man PADS).

MALTA

147. Malta participates in the submission of annual reports
with regard to OSCE Information Exchange on Small Arms and
Light Weapons,
in accordance with OSCE Document on
SALW, as well as OSCE Information Exchange on Conventional
Arms Transfers and Military Information.

FRANCE

SPAIN

France has

142.
taken into consideration the initiative
regarding the ‘Guide for better practices for marking, registra-
tion and tracing of SALW’, within the context of the OSCE,
published in November 2003.

GERMANY

143.
In the framework of the OSCE, Germany has been
actively involved in developing tools for the control of small
arms and light weapons. In 2003, Germany, inter alia, contrib-
uted to two chapters of the OSCE Handbook of Best Practices
on Small Arms and Light Weapons, and presented, together
with the Netherlands and Norway, an initiative to harmonise
the regulations on brokering.

HUNGARY

144.
Hungary co-sponsored a draft decision in the OSCE to
establish standard elements of end-user certificates and verifica-
tion procedures, which would complement and reinforce the
OSCE document on SALW. As part of the implementation of
the OSCE small arms document, Hungary submitted data on
national measures on the export control, manufacture, marking
and destruction of SALW. A member of the Hungarian OSCE
Mission in Vienna is serving as the coordinator in the OSCE

148.
Spain contributed very substantially to the ‘OSCE
Handbook of best Practices on small arms and light Weapons’
that was presented in the Eleventh Meeting of the Ministerial
Council, December 2003. Spain co-authored the chapter on
‘National procedures for stockpile management and security’
and also participated actively with some proposals to the
different chapters of the Handbook.

THE NETHERLANDS

149.
information exchange in June 2003.

The Netherlands participated in the second OSCE

It also was involved in the launch of the OSCE Best Practice
Guide on SALW and presentation to the UN at the OSCE
Ministerial Meeting in Maastricht. The Netherlands contributed
to the chapter on ‘National procedures for the destruction of
SALW’.

SWEDEN

150.
Sweden contributed to the OSCE Handbook of best
practices on SALW by writing the chapter on SALW in DD &
R processes.

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THE UNITED KINGDOM

chapter on Stockpile management

The United Kingdom contributed substantially to the
151.
OSCE Handbook of best practices on small arms and light
weapons published in September 2003. The United Kingdom
co-authored the
and
security, and also contributing towards the brokering, export
control and marking and tracing chapters in particular. The
intention is that such guidance will
inform national policy-
making, with the emphasis on encouraging higher common
standards of practice among all Participating States. The United
Kingdom has been supportive of efforts to agree an OSCE
instrument on brokering as an example to other regional orga-
nisations in line with the UN POA on SALW.

and manufacture of small arms and light weapons (SALW) of
the Economic Community of West African States (Ecowas)
with a financial contribution of EUR 200 000 in 2003.

The Netherlands had consultations

156.
(together with
Norway) in Abuja with the Ecowas secretariat on further steps
to strengthen the control on Brokering in West Africa. It also
had consultations with regional organisations,
including
ECOWAS, en marge of the UN Biennial Meeting of States in
July 2003.

II.B.4. NATO

THE NETHERLANDS

152.
hoc working group working group on SALW.

The Netherlands participated in the NATO/EAPC ad

POLAND

In 2003, Polish military contingents participated in a
153.
number of initiatives aimed at limiting uncontrolled spread and
destabilising concentration of weapons (especially SALW). Such
initiatives
included Operation Cordon and Search, Active
Harvest and others) carried within the mandates of interna-
tional forces under the auspices of the UN or NATO, in Afgha-
nistan, Albania, Bosnia and Herzegovina, Former Yugoslav
Republic of Macedonia.

PORTUGAL

154.
Like other NATO Allies, Portugal contributes to the
UN mandated SFOR and KFOR peacekeeping forces in Bosnia
and Herzegovina where it helps to reduce stockpiles of SALW
held by civilians. Portugal has continued its participation in the
context of the UN, the Wassenaar Arrangement, the OSCE and
the EAPC.

II.B.5. ECOWAS

France has supported through the programme of coor-
155.
dination and
development
(PCASED), the moratorium on the importation, exportation

assistance

security

and

for

II.B.6. The Wassenaar Arrangement

157.
Cyprus, Estonia, Latvia, Lithuania, Malta and Slovenia
have all applied for membership of the Wassenaar Arrange-
ment. The EU is firmly of the view that the inclusion of all EU
Member States safeguards a high standard of effective control
within the Wassenaar Arrangement, as well as within the
Union.

158.
France has been actively involved in the preparation of
the Wassenaar document on the control of the export of Man
PADS, Wassenaar Plenary of December 2003, Vienna.

At

the 2003 Wassenaar Arrangement Plenary,

Italy
159.
contributed to the adoption of common ‘Elements for export
controls of Man portable air defence systems’, that engage
participating States to apply strict national controls on the
export of Man PADS.

160.
Germany contributed actively to the successful conclu-
sion of the 2003 Assessment of the Wassenaar Arrangement.
Germany especially supported the adoption of more effective
export controls on Man PADS, of a new reporting category on
SALW including Man PADS as well as of elements for national
legislation on arms brokering.

161.
Poland, as a party to international export control
regimes, is particularly involved in the work of the Wassenaar
Arrangement on export controls of conventional arms and
dual-use goods and technologies. Poland considers the Arrange-
ment an important instrument ensuring greater transparency
and responsibility in transfers of
conventional weapons
preventing their uncontrolled proliferation. In 2003, together
with countries of the Wassenaar Arrangement, Poland agreed
on measures aimed at increasing transparency in transfers of
SALW.

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162. Within the Wassenaar Arrangement
the United
Kingdom was active in Plenary efforts to agree tough standards
on the export of Man PADS. The WA Elements for the control
of Man PADS oblige the exporting State to assure itself that the
recipient State is able to secure these weapons. The Plenary also
agreed that
in future Wassenaar Arrangement Participating
States will report on all Small Arms and Light Weapons trans-
fers,
including Man PADS . Lower reporting thresholds for
transfers of artillery systems were also agreed.

II.B.7. Southern African Development Community (SADC)

163.
The German Government has a number of capacity-
building programmes, one of which supports the Member
States of the Southern African Development Community in
harmonising their policies on the basis of the SADC Protocol
on the Control of Firearms, Ammunition and Other Related
Material, 14 Aug. 2001. The aim of this project is to establish
a regional point of contact as envisaged in the UN Programme
of Action, to provide training for law enforcement agencies on
SALW issues and to support capacity building efforts within
the regional police organisation Sarpcco.

164.
frica project for technical assistance to the SADC.

In 2003, Ireland contributed EUR 65 000 to a SaferA-

III. OTHER COMMENTS, OBSERVATIONS AND RELEVANT

INFORMATION

167.
Lithuania provides legal assistance and cooperates with
other countries in the matters of the illicit trade in SALW in all
its aspects on a basis of bilateral agreements. The Lithuanian
bureau of Interpol is in close cooperation with Interpol General
Secretariat and Interpol national bureaus through inquires
concerning arms
individuals
involved in illicit arms trade.

identification or detection of

168.
During 2003 the sixth United Kingdom Annual Report
was published which covers licensing decisions made during
2002 and details of policy developments over the last year. The
Annual Reports, are seen internationally as a benchmark of
openness. The United Kingdom is one of the leading countries
in providing detailed information on each arms transfer and
would encourage other countries to provide this level of infor-
mation on individual arms
In 2003, Germany
published its comprehensive 2002 Annual Report on arms
exports with a special focus on enhanced transparency and
openness regarding small arms exports. The report, inter alia,
contains detailed information on individual export licences for
small arms and related ammunition, such as country of destina-
tion, type of arms, ML position, value, and number of items.

transfers.

III.A. Criteria for the appreciation of requests for EU funding

of SALW projects

The Netherlands had consultations with regional orga-
165.
nisations, including SADC, on further steps to enhance regional
cooperation to combat illicit brokering (New York, July 2003)

III.A.1. Priority guidelines

II.B.8 Others

166.
The G8, in Evian, adopted under the French Presidency
in June 2003, an action plan on transport security and the
control of portable air defence systems (Man PADS). Man
portable air defence systems (Man PADS) pose a particular
threat in the hands of terrorists when used against civil avia-
tion. The G8 Action Plan on Transport Security included a
number of measures in the field of export and brokering
controls on Man PADS. Following this, the United Kingdom
Government issued a written Ministerial Statement to Parlia-
ment on 18 November explaining United Kingdom Govern-
ment policy in supporting of
the G8 Action Plan on the
exports of Man PADS to non-State entities. The Statement
demonstrates the United Kingdom's commitment to preventing
these weapons from falling into the wrong hands. During
2003, the United Kingdom together with G8 partners, kept
progress under the Evian commitments under regular review
and continued to explore further ways to minimise the Man
PADS threat, focusing on best practice in stockpile manage-
ment and security, and in the efforts to destroy surplus stocks
globally.

169.
The EU will continue to strive to eradicate the
problems caused by destabilising and uncontrolled spread of
SALW. As Stated in the European Programme for Conflict
Prevention endorsed by the European Council (Göteborg, 15 to
16 June 2001), working towards the elimination of this source
of destabilisation and conflict will be a great contribution to
preventing future conflicts. The actions already taken by the
EU, represent important steps in this regard and should be
followed up by determined efforts in the same direction. The
adoption by the UN Conference on the Illicit Trade in Small
Arms and Light Weapons in All Its Aspects of a Programme of
Action to prevent, combat and eradicate the illicit trade in
its aspects adds to the
small arms and light weapons in all
commitment taken earlier by the EU through its Joint Action
on small arms. This commitment would be served by the
consideration given at EU level to the possibility of establishing
regular funding of projects by the EU in pursuit of the end
objectives of the UN Programme of Action. With a view to
improving and deepening the implementation of
the Joint
Action and the Programme, Member States have identified a
number of guidelines on issues on which decisions should be
taken or to which attention should be given in the near future.
These guidelines will obviously be subject to periodical reviews,
according to the experience accumulated in the process of
implementing EU projects.

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III.A.1.1. The need for a comprehensive approach

III.A.1.2. The need for targeted action

170.
Although there is a wide recognition that further inter-
national actions should be taken to deal with the problems of
SALW, there are many complex factors and processes that need
to be taken into account, such as international and internal
security, trade, civil-military relations and the role of weapons
in society. These problems cannot be solved by one quick fix.
They must be addressed through a comprehensive approach
dealing with the different aspects of the problem, which might
differ from region to region, and the solutions must be sought
through a wide range of agreed measures. Member States
agreed that such efforts should aim both at the reduction of
existing destabilising accumulations and at the prevention of
further uncontrolled spread of these weapons. Through assis-
tance, local capacities to address these issues can be strength-
ened.

171.
As regards financial support to SALW-related projects,
the objective of the EU will be to strengthen the efforts to
reduce the availability and supply of SALW to areas of conflict
or potential conflict, to help to develop a range of international
measures to limit the demand for SALW in such areas, and to
help governments to cope with the problems these weapons
cause. Such measures will be taken by the EU or at
the
Member State level, and by acting through the appropriate
institutions. The respective efforts of the
regional or global
Member States and of the Commission will aim for comple-
mentarity, and reflect the ambition to deal with the different
aspects of the small arms problem at the national, sub-regional,
regional and global level.

172.
The projects selected for EU financing should ensure
real and tangible benefits for the recipients of the project. An
important part of the financing should be targeted at, carefully
designed projects implemented by the EU. Therefore it
is
imperative that a proper implementing framework has been
identified and that the project can function both technically
and politically in the planned context. Funding projects budget
permitting — also from a broader range of countries and
regions could be considered, bearing in mind the need to opti-
mise the impact and sustainability of EU initiatives and taking
the need of ‘added value’ and tangible benefits from EU funds
into account in the light of agreed criteria.

Special attention should also be paid to a closer coordi-
173.
nation with efforts already carried on at the multilateral level
(i.e. UNDP, UN regional centres, NATO, EAPC and others), as
well as at the bilateral level looking for synergies.

174.
Countries with high levels of insecurity or violence
cannot make effective use of development assistance. Therefore,
assistance to conflict-prone countries or regions should be
provided to promote security, disarmament, demobilisation and
reintegration into the society of ex-combatants as an integrated
part of social and economic development programmes.

In those cases where the governments are actively
175.
concerned with reducing the arms flow into and circulation of
SALW within their region, the EU should cooperate with them
in this task. In practice, recipient governments may lack the
capacity to implement their own control programmes.

176.
Therefore, the EU is prepared to consider providing
practical support for initiatives such as capacity building and
training, awareness raising, etc. Priority should be given to
projects enhancing national
implementation abilities as to
control of the flow of weapons (export/import control, tracing
ability) and to collection and destruction programmes in post
conflict situations. Given the size of some projects, particularly
in the field of ammunition destruction for SALW, it might be
advisable for the EU to join forces with non-EU partners (e.g.
EAPC projects).

III.B. Lessons learnt

177.
Taking past EU actions on SALW into account and
drawing from experience in the previous assessments, imple-
mentations and evaluations of SALW projects, the following
benchmarks should be kept in mind with regard to project
identification:

— the holding of biannual CODUN Expert Meetings on SALW
issues and projects is a useful exercise and should be
continued,

— the allocation of

funds for the following year must be
decided by the autumn SALW CODUN Expert Meeting at
the latest in order to allow for a proper preparation of the
projects and optimal use of resources in the community
budget. Council Decisions concerning individual projects
will be made starting from the beginning of the following
year, subject to available appropriations in the budget,

— it

is important

to receive timely information of

future
SALW projects especially those to be financed by CFSP
budget including indication of general objectives, envisaged
activities, expected outcomes and detailed breakdown of
estimated costs. Those elements would allow partners to
have an in-depth examination and a comprehensive discus-
sion of proposed programmes, whose approval could there-
fore be facilitated,

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— efforts should focus on a limited number of large-scale
projects. EU involvement should be better analysed and
implemented. When supporting third party projects the
visibility of EU contributions must be ensured,

standing and applying the law and that
the public is
informed about the implications of the law. Project assis-
tance is valuable in both drafting and introduction phases,

— timely and thorough preparation of the ‘action Statements’
must be taken into account. The context and content of the
underlying project and parts to be financed must be
described,

— there should be a clear picture of

the implementation
modus, including an assessment of the implementing body
or agency/NGO envisaged for the action, and of
their
ability to carry out the action in a satisfactory way,

— support

to weapons registration and safe storage helps
governments reduce uncertainty about the number, type,
location and security of weapons they possess. Experience
has shown that, once all weapons in a given military region
have been registered,
the military authorities can be
convinced that they have more weapons than they need
and that the surplus can be destroyed. The setting up of
safe storage facilities is relatively inexpensive and at the
same time particularly important in poor countries with
large quantities of arms,

— cooperation on projects with non-EU national donors is
politically useful, but very difficult to organise in practice
due to differing political priorities, budgetary procedures,
working methods, etc. Careful attention should be paid to
the practical organisation of such cooperation,

— cooperation between the EU and MS national efforts should

be enhanced,

— more efforts should be directed towards involving NGOs, as

well as the private sector.

178.
It is essential that the project works in close coopera-
tion with a host State government that is committed to limiting
the ownership and use of small arms and light weapons in the
society. At the same time, the project should be sufficiently
autonomous from the government to be able to pursue the
project's objectives as set in the Council Decision. The project
should ideally have an integrated, multi-facetted where the
impact of each programme component individually is strength-
ened by the implementation of the other components, thereby
combining to form a powerful
integrated package. Such a
programme could include, inter alia, the following components
(example from the EU-ASAC in Cambodia):

— assistance to drafting and introduction of arms law,

— weapons registration and safe storage,

— weapons for development' schemes, where the local popula-
tion are encouraged to hand in illegal weapons to the
police in exchange for community development projects,

— weapons destruction,

— public awareness campaigns,

— ‘weapons for development’ (WfD) projects are likely to be
more successful
if they include support to improve the
performance of the local police. Villagers will not hand in
their weapons if they feel that their personal safety is still in
danger. The unit cost per one weapon handed in is rela-
tively high, but WfD brings security value for the commu-
nities which, is difficult to measure in monetary terms,

— destruction of illegally-held weapons that have been handed
in as well as military and police surplus weapons in ‘flames
of peace’ ceremonies may have high symbolic value and
give the image of progress towards a more peaceful society.
Smaller destruction ceremonies are particularly appropriate
in areas where weapons for development projects are being
implemented, strengthening confidence that the weapons
handed in by the villagers are actually destroyed and not
used against them,

— illegal trade of SALW across borders hampers any efforts to
tackle the problem of SALW in a given country. Enhancing
border controls would be an area to consider in future EU
support,

— EU visibility in the field of SALW is increased by implemen-
tation of carefully own-designed EU projects and not by
giving small contributions to projects implemented by
other actors.

III.B.1. Criteria for allocation of funds

— a country needs a legal framework that clearly regulates the
possession and use of SALW in society. Once an arms law
is in place, it is important that police are trained in under-

179.
The EU is in the process of developing a more
systematic approach of potential projects to support, in particu-
lar with regard to project
identification and design. The
following criteria have been identified against which the EU
will make a preliminary assessment of applications:

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180.
Assistance by the EU in the field of SALW must be
based on a genuine political will in the recipient State. A clear
answer should be given to the question: ‘is the proposed action
an expression of a clear political, thematic or geographical
vision or strategy, or is it deliberately and justifiably an ad hoc
action serving distinct purposes?’

181.
The proposed projects must enhance local, national or
regional security within the recipient State/region (e.g. contri-
bute to control of small arms, confidence building measures,
reconciliation, regional stability). This implies an ex ante assess-
ment of the political situation and the effective impact of the
project on the envisaged overall objective, such as conflict
prevention, creation of a peaceful environment, etc.

182.
Assistance in the field of SALW should be part of an
overall development and security strategy with regard to the
recipient country.
the
project proposal should outline how this activity will contribute
to integrating SALW policy into wider security and develop-
ment policy.

In cases where this is not possible,

192.
The abovementioned criteria are, for the most part,
based on the result of evaluations undertaken and expertise
gained by the Commission in the implementation of CFSP
budgets.

III.B.2. The need for thorough assessment and evaluation

193.
It is essential to receive timely information of future
SALW projects, especially those to be financed by CFSP budget,
including indication of general objectives, envisaged activities,
expected outcomes and detailed breakdown of estimated costs.
Those elements would allow EU Member States to have an in-
depth examination and a
comprehensive discussion of
proposed programmes, whose approval could therefore be
facilitated.

183.
country or in the same region must be assured.

Coherence with past/current/future actions in the same

194.
It is important that the projects supported by EU funds
are thoroughly assessed and evaluated. Measures to achieve this
include:

184.
Assistance projects will be based on close cooperation
with the authorities in the recipient State and the role of
different actors should be defined.

185.
nent, all weapons collected should, in principle, be destroyed.

In projects which include a weapons collection compo-

186.
For each project, clear objectives will be established
and benchmarks and time lines identified, so as to make it
possible to assess impact of the project. The practical needs of
the final beneficiary should be assessed. Results and lessons
learnt from past similar experiences taken into account.

The

195.
according to sound principles of financial management.

implementation of

the projects

should be

A final report will be submitted at the end of a project,
196.
summarising the results achieved; An assessment will be made
in order to evaluate if its objectives have been reached and if a
follow-up is needed. Such an assessment will be made at least
towards the end of the project. Projects, which are imple-
mented over a long period of time, or to which the financial
contribution of
the European Union is important, will be
assessed also during the period of implementation.

187.
Requests for assistance should clearly state how the
proposed project will further the aims and objectives of the EU
Joint Action.

197.
The Commission will reflect on setting up comparable
templates for evaluation of supported projects as well as for the
assessment of new project proposals.

188.
Requests for assistance should clearly state how the
proposed project would enhance the recipient State's ability to
implement existing regional or international commitments.

189. More efforts should be directed towards involving
NGOs as well as the private sector, where possible.

190.
account in the assessment.

The sustainability of the project must be taken into

191.
efforts must be assured.

Cooperation between EU and Member States' national

198.
The assessment will be organised by the Commission
within its budgetary implementation competence and carried
out by an independent expert. It will be presented to the rele-
vant EU Working Group or the Commission in close coordina-
tion with the Presidency. Allocation of funds must be decided
in a timely fashion for the following year by the autumn SALW
CODUN at the latest and additional efforts should be directed
to the timely and thorough preparation of the action State-
ments for projects. The allocation of funds is made with the
understanding that Council decisions concerning individual
projects will be made starting from the beginning of
the
following year, subject to available appropriations in the com-
munity budget; and The final report and the assessment will
also be used to identify lessons to be learned for future projects.
It is suggested that the Commission provide the assessment on
the basis of the above criteria.

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III.C. National points of contact

GERMANY

AUSTRIA

Federal Ministry for Foreign Affairs
Department for Disarmament, Arms control and
Non-proliferation
Minoritenplatz 3
A-1014 Vienna
Tel. (43) 50 11 50 33 56
Fax (43) 50 11 50 228
E-mail: abtii8@bmaa.gv.at

BELGIUM

Federal Public Service Foreign Affairs
International Security Division
Non-proliferation, Disarmament and Arms Control Directorate
15, rue des Petits Carmes
B-1000 Brussels
Tel. (32-2) 501 37 11
Fax (32-2) 501 38 22
E-mail: werner.bauwens@diplobel.fed.be

DENMARK

John Kierulf
Head of Disarmament and Non-proliferation Unit
Ministry of Foreign Affairs
2, Asiatisk Plads
DK-1448 Copenhagen K
Tel. (45) 33 92 06 78
Fax (45) 33 92 18 04
E-mail: jokier@um.dk

FINLAND

National point of contact:
Ministry for Foreign Affairs
Political Department
Unit for Arms Control, Disarmament and Non-proliferation
PO Box 176
FIN-00161 Helsinki
Tel. (358-9) 1605 6185
Fax (358) 9 1605 6066
E-mail: POL-05@formin.fi

Federal Foreign Office
Division for conventional arms control
Werderscher Markt 1
D-10117 Berlin
Tel. (49-30) 5000 1465
Fax (49-30) 5000 51465
E-mail: 241-1@diplo.de

GREECE

Ministry of Foreign Affairs
Directorate of United Nations and International Organisations
Section of Non-proliferation, Disarmament and Arms Control
GR-Athens
Tel. (30-210) 368 22 50
Fax (30-210) 368 22 39
E-mail: D01@MFA.GR

HUNGARY

Ministry of Foreign Affairs
Department for Arms Control and Non-proliferation
1027 Budapest
Nagy Imre tér 4.
Hungary
Tel. (36-1) 458 1190, 458 1119
Fax (36-1) 202 0120
E-mail: Titkarsag.febi@kum.hu

IRELAND

Disarmament and Non-proliferation Section
Department of Foreign Affairs
80, St Stephen's Green
Dublin 2
Ireland
Tel. (353-1) 478 08 22
Fax (353-1) 408 23 83

ITALY

for Multilateral Political Affairs and

Counsellor Paolo Cuculi
Disarmament and Non Proliferation Division
General Department
Human Rights
Italian Ministry of Foreign Affairs
Piazzale della Farnesina 1
I-00194 Rome
Telephone: (39-06) 3691 4000
Telefax: (39-06) 3235927
E-mail: paolo.cuculi@esteri.it

FRANCE

LUXEMBOURG

Ministry of Foreign Affairs
Directorate of Strategic Affairs, Security and Disarmament
Division of Chemical and Biological Disarmament and Conven-
tional Weapons Control
Tel. (33-1) 43 17 40 70
Fax (33-1) 43 17 49 52
E-mail: Jean-Francois.Guillaume@diplomatie.gouv.fr.

Ministry of Foreign Affairs, Political Affairs Directorate
5, rue Notre-Dame
L-2240 Luxembourg
Mr François Berg
Tel. (352) 478 24 69
Fax (352) 22 19 89
E-mail: francois.berg@mae.etat.lu

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MALTA

SLOVAKIA

Mr Andrew Seychell
Assistant Commissioner of Police
Police Force General Headquarters
Floriana
Malta
Tel. (356-21) 247800
Fax (356-21) 247922
e-mail: andrew.seychell@gov.mt

NETHERLANDS

Desk Officer for Small Arms and Light Weapons
Netherlands Ministry of Foreign Affairs
Arms Export Policy Division and Arms Control (DVB/WW)
PO Box 20061
2500 EB The Hague, The Netherlands
Phone: (31-70) 348 5562
Fax (31-70) 348 5479

POLAND

Ministry of Foreign Affairs
Department of Security Policy
Deputy Director of the Department: Mr Andrzej BRAITER
Tel. (48-22) 523 9202
Fax (48-22) 6285841
e-mail: dpb@msz.gov.pl or andrzej.braiter@msz.gov.pl

PORTUGAL

Department for Defence and Security Organizations
Ministry for Foreign Affairs
Largo do Rilvas
P-1399-030 Lisbon
Tel. (351-21) 394 62 95/79
Fax (351-21) 394 60 37
E-mail: dsd@g.mne.gov.pt

Ministry of Foreign Affairs
Department of OSCE and Disarmament
Hlboka cesta 2
833 36 Bratislava
Tel. (421-2) 5978 3141
Fax (421-2) 5978 3149
E-mail: obod@foreign.gov.sk

SPAIN

Ministerio de Asuntos Exteriores y de Cooperación
Dirección General de Asuntos Internacionales de Terrorismo,
Seguridad y Desarme
Subdirección General de Asuntos Internacionales de Desarme
Luis Gómez Nogueira, Desk Officer
C/Padilla, 46
E-28006 Madrid
Tel. (34-91) 379 17 59
Fax (34-91) 576 12 45
e-mail: luis.gomez@mae.es

SWEDEN

Desk Officer for SALW
Ministry for Foreign Affairs
Global Security Department
S-103 39 Stockholm
Tel. (46-8) 405 10 00
Fax (46-8) 723 11 76

UNITED KINGDOM

Simon Johnson
SALW Desk Officer
Counterproliferation Department
Foreign and Commonwealth Office
King Charles Street
London SW1A 2AH
United Kingdom
Tel. (44-207) 008 22 51
Fax (44-207) 008 28 60
E-mail: Simon.Johnson@fco.gov.United Kingdom