Council Joint Action 2005/913/CFSP of  12 December 2005  on support for OPCW activities in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction
Date: 2005-12-12
Institutions: Council of the European Union
Subjects: EU financing, EU policy, Organisation for the Prohibition of Chemical Weapons, chemical weapon, international convention, international cooperation, non-proliferation of arms, weapon of mass destruction

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

COUNCIL JOINT ACTION 2005/913/CFSP

of 12 December 2005

on support for OPCW activities in the framework of the implementation of the EU Strategy against
Proliferation of Weapons of Mass Destruction

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS JOINT ACTION:

Having regard to the Treaty on European Union, and in
particular Article 14 thereof,

Whereas:

Article 1

For the purpose of giving immediate and practical appli-
the European
the OPCW, with the

1.
cation to some elements of
Union shall
following objectives:

the EU Strategy,

activities of

support

On 12 December 2003, the European Council adopted
the EU Strategy against the Proliferation of Weapons of
Mass Destruction, Chapter III of which contains a list of
measures to combat such proliferation.

— support
Parties,

for full

implementation of

the CWC by States

— promotion of universality of the CWC,

The objectives of the EU Strategy are complementary to
the objectives pursued by the Organisation for the Prohi-
bition of Chemical Weapons (OPCW), in the context of
its responsibility for the implementation of the Chemical
Weapons Convention (CWC).

— international cooperation in the field of chemical activities,
as accompanying measures to the implementation of the
CWC.

for OPCW activities

On 22 November 2004, the Council adopted a Joint
Action on support
in the
framework of the implementation of the EU Strategy
against
of Mass
Destruction (1), which was to expire one year after its
adoption.

of Weapons

Proliferation

the

such intensive

continuation of

and targeted
The
assistance from the EU to the OPCW is necessary in
the context of the active implementation of Chapter III
of the EU Strategy, in particular those measures related to
the universalisation of the CWC, and of the provision of
financial resources to support specific projects conducted
by multilateral institutions.

(5)

The Commission has agreed to be entrusted with the
supervision of
the EU
contribution,

the proper implementation of

The projects of the OPCW, corresponding to measures of
the projects which aim at

shall be

2.
the EU Strategy,
strengthening:

— promotion of the CWC by carrying out activities, including
regional and sub-regional workshops and seminars, designed
to increase the membership of the OPCW,

— provision of sustained technical support to States Parties
for the establishment and effective func-
that request
tioning of National Authorities and the enactment of
national implementation measures as envisaged in the CWC,

it

— international cooperation in the field of chemical activities
infor-
through the exchange of scientific and technical
for purposes not
mation,
chemicals
prohibited under the CWC,
in order to contribute to the
development of the States Parties capacities to implement
the CWC.

and equipment

(1)

(2)

(3)

(4)

(1) OJ L 349, 25.11.2004, p. 63.

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

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Article 2

Article 3

1.
The financial reference amount for the three projects listed
in Article 1(2) shall be EUR 1 697 000, to be funded from the
2006 general budget of the European Union.

The Presidency shall be responsible for the implementation of
this Joint Action in full association with the Commission. The
Commission shall supervise the proper implementation of the
EU contribution referred to in Article 2.

2.
The expenditure financed by the amount stipulated in
paragraph 1 shall be managed in accordance with the
European Community procedures and rules applicable to the
general budget of
the European Union with the exception
that any pre-financing shall not remain the property of the
Community.

For the purpose of implementing the projects referred to
3.
in Article 1,
the Commission shall conclude a financing
agreement with the OPCW on conditions for the use of the
EU contribution, which shall take the form of a grant. The
financing agreement to be concluded shall stipulate that the
OPCW is to ensure visibility of the EU contribution, appropriate
to its size.

The Commission shall report on the implementation of
in association with the

4.
the EU contribution to the Council,
Presidency.

Article 4

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

its

It shall expire one year after its adoption.

Article 5

This Joint Action shall be published in the Official Journal of the
European Union.

Done at Brussels, 12 December 2005.

For the Council
The President

J. STRAW

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ANNEX

EU support for OPCW activities,

in the framework of the implementation of the EU Strategy against

Proliferation of Weapons of Mass Destruction

1. Objective and description

Overall objective: to support the universalisation of the CWC and, in particular, to promote the accession to the
CWC by States not Parties (signatory States as well as non-signatory States) and to support the implementation of
the CWC by the States Parties.

Description: EU assistance to the OPCW will be focused on the following areas identified by the CWC States Parties
as requiring urgent action:

(i) promotion of universality of the CWC;

(ii)

support for implementation of the CWC by the States Parties;

(iii) international cooperation in the field of chemical activities.

The projects described below will benefit exclusively from EU support. EU funding will only cover expenditure
specifically related to the implementation of the projects. Accordingly, these projects will not be financed under the
OPCW 2006 Regular Budget. In addition, the procurement of any goods, work or services will be made by the
OPCW.

2.

Project description

2.1. Project 1: promotion of universality of the CWC

Project purpose: enhanced membership of the CWC.

Project results:

(i) enhanced membership of the CWC in various geographical regions (in Africa, the Caribbean region, the Medi-

terranean Basin and the Middle East);

(ii) strengthened regional networking (involving relevant sub-regional organisations and networks in various areas

relevant to the CWC).

Project description: universality-related regional, sub-regional, and bilateral activities.

The participation of States not Parties in regional, sub-regional, and bilateral activities offers opportunities for the
OPCW to establish/develop contacts with representatives from the capitals and to highlight the advantages and
benefits of acceding to the CWC, as well as associated obligations. Assistance and technical support are also
provided on specific issues relevant to the preparation for accession to the CWC.

Before 2005, the available level of funding had limited the OPCW to the conduct of a small number of regional
seminars and workshops, designed primarily to raise political awareness of the benefits of the CWC for States not
Parties. In 2005, the financial support provided by the EU afforded more intensive and targeted ways of assisting
States not Parties in the process of preparing for accession to the CWC, for example through bilateral visits, or
regional/sub-regional meetings focusing on issues of national
implementing legislation in conjunction with the
ratification of the CWC.

In 2006, the continuation of such intensive and targeted assistance will enable the OPCW to increase its membership
with a view to promoting greater universality of the CWC by the 10th anniversary of its entry into force in April
2007.

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The project will finance the following activities in 2006:

(i) workshop on the CWC and bilateral training and support for States not Parties in Africa (venue in an African
State to be determined, first and third quarters 2006, two to three days, date to be confirmed). Participants to be
sponsored from decision-making bodies in States not Parties, and relevant regional/sub-regional organisations e.g.
African Union. Representatives from Angola, Central African Republic, the Comoros, Congo, Djibouti, Egypt,
Guinea-Bissau, Liberia, and Somalia will be invited. A guest speaker from the EU would be most useful to brief
participants on EU initiatives relevant to Africa on non-proliferation and disarmament relating to Weapons of
Mass Destruction.

Total estimated cost of event: EUR 56 000;

(ii) workshop on the CWC for countries of the Mediterranean Basin and the Middle East (venue to be confirmed, two
to three days, second quarter 2006). Following the workshop held in Cyprus in 2005 with funding from the EU,
which was attended, for the first time, by all States not Parties from the region, representatives from States not
Parties (e.g. Egypt, Iraq, Israel, Lebanon, Syria, and other States not Parties that are members of the League of
Arab States) will be invited. In addition, decision-making and advisory bodies in States not Parties, as well as key
representatives from regional States Parties and organisations, will be invited. One or two guest speakers from the
EU may be requested to brief participants on EU initiatives on non-proliferation and disarmament relating to
Weapons of Mass Destruction, the political-security aspects of the Euro-Mediterranean Partnership and export
control measures implemented by the EU.

Total estimated cost of event: EUR 46 000;

(iii) targeted sub-regional and bilateral training and support for States not Parties in the Caribbean (venue to be
confirmed, two days, first and last quarters 2006). Representatives including from Bahamas, Barbados, Dominican
Republic, Haiti, and regional/sub-regional organisations e.g. OAS, OECS, will be invited. A guest speaker from the
EU would be most helpful to brief participants on EU initiatives on non-proliferation and disarmament relating to
Weapons of Mass Destruction.

Total estimated cost of event: EUR 24 000.

Total estimated cost of project 1: EUR 126 000.

2.2. Project 2: national implementation of the CWC

Project purpose: establishment and effective functioning of National Authorities, the enactment of national imple-
mentation measures and the adoption of any administrative measures required in accordance with Article VII
obligations of the CWC.

Project results:

(i)

continue to facilitate the establishment and effective functioning of National Authorities and the adoption of
adequate implementation measures in all regions, through legal and technical assistance and implementation
support to National Authorities;

(ii) assist National Authorities in the national implementation process through capacity-building support;

(iii) through an extended visit programme, provide a temporary OPCW presence in Africa to enhance national

implementation under Article VII of the CWC in African States Parties;

(iv) provide adequate information over transfers of CWC scheduled chemicals from territories under the jurisdiction
of the National Authorities, as well as its wider dissemination to customs authorities in order to address any
discrepancies in transfer data provided by States Parties.

Project description: the project will contribute to ongoing efforts to improve the functioning of National Authorities,
and the adoption of adequate implementation measures through:

(a) assistance on all CWC-related matters, with particular emphasis on legal and technical aspects to meet the needs
of requesting States Parties in order to assist them in fulfilling their Article VII obligations through bilateral visits
or other appropriate formats. Such assistance will be provided by experts/resource persons from the OPCW staff
with the inclusion of EU experts as necessary. The duration of each visit will be about five working days. There
will normally be three experts for each visit. The duration of each visit and the number of persons travelling in
each team will be determined on a case by case basis to meet the requirements of the assistance to be provided in
the most cost-effective manner.

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In addition, the EU will fund an extended visit programme to provide a temporary OPCW presence in Africa to
assist African States Parties to fulfil their Article VII obligations. This presence will be established for a strictly
limited period of time and its single purpose will be to foster national implementation in Africa.

Total estimated cost: EUR 225 000;

(b) grants to National Authorities to support capacity building efforts for necessary national activities and infra-
structure for the implementation of the CWC: a pilot project, to fund national
implementation activities in
selected National Authorities is to be initiated. The project in its pilot phase will provide funding for approxi-
mately 12 National Authorities, not exceeding EUR 15 000 for each of the National Authorities selected. The
identification of specific tasks to increase capacities within National Authorities to improve the process of national
implementation will determine the extent and nature of support to be provided.

Throughout 2005, the EU voluntary contribution has supported the OPCW’s effort to assist States Parties to fulfil
their obligations in accordance with the Plan of Action regarding the implementation of Article VII obligations.
Bilateral technical assistance visits have provided specific assistance to requesting States Parties. During such visits,
identification of further activities to fulfil Article VII obligations, including the development of a country-specific
action plan has been undertaken. The response to such bilateral technical assistance visits has been positive, with
States Parties initiating activities to comply with their obligations and identifying specific areas for future
assistance.
In order to continue with the momentum generated in these States Parties for implementation,
specific areas of assistance as identified by them may be supported with EU funds in 2006.

The specific areas for which assistance may be requested in the near future by States Parties include funds to
conduct national awareness courses for personnel from relevant agencies, Departments and Ministries on the
implementation of different provisions of the CWC, consultancy fees for legal experts drafting the national
translation of
implementing legislation, publication and distribution of enacted legislation and regulations,
national
language, establishing an office for
the National Authority. These grants will not provide any financial assistance towards payment of salaries.

implementing legislation and enforcement regulations into local

The pilot project addressing specific areas of assistance will be implemented to ensure that national capacity for
implementing the provisions of the Convention is enhanced and tangibly contributes to progress expected to be
made by the recipient States Parties.

Selection of National Authorities to receive grants will be undertaken on the basis of carefully identified criteria,
including a demonstration of their ability to make quantifiable progress for the implementation of the provisions
of the CWC and in accordance with a country-specific action plan developed during a bilateral assistance visit. A
clearance mechanism for the selection of National Authorities and proposed consultants will be set up involving
representatives of the EU Council Presidency, the Office of the Personal Representative of the High Representative
on non-proliferation of Weapons of Mass Destruction, the Commission Services and the OPCW. The grants
should contribute towards making the National Authorities thus selected self-sustaining entities in subsequent
years.

In order to receive such grants, the recipient National Authorities will need to provide the OPCW with quanti-
fiable objectives to be accomplished as well as a clear time frame for their implementation with the use of the
grants. As part of the contract, the recipient National Authority will be obliged to report its activities to the
OPCW on a regular basis. The disbursement of grants will be made in instalments, with successive instalments
being released after review of progress achieved. The OPCW will provide the EU with relevant details of progress
by recipient States Parties as well as a financial statement on the use of the funds by each recipient State Parties.

Total estimated cost: EUR 180 000;

(c) participation of National Authorities and customs authorities in one or more technical meetings in The Hague or
in different regions on the transfers provisions of the CWC. This will allow for wider dissemination of infor-
mation concerning these provisions. These meetings will involve, as appropriate, table-top exercises, discussions
on scenarios and sharing of experiences by experts from the EU and other participating States.

Total estimated cost: EUR 180 000.

Total estimated cost of project 2: EUR 585 000.

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2.3. Project 3: international cooperation in the field of chemical activities

Project purpose:

to facilitate the development of the States Parties’ capacities to implement the CWC in the field of chemical activities
in accordance with Article XI thereof.

This project essentially focuses on the building of capacities through provision of support to analytical laboratories
and training in the area of analytical skills.

Project results/activities:

(i) provision of essential equipment to improve the quality and accuracy of chemical analysis in publicly funded

laboratories in States Parties the economies of which are either developing or in transition;

(ii) enabling such laboratories in these targeted countries to upgrade their level of technical competence;

(iii) assisting qualified analytical chemists from States Parties to acquire further experience and practical knowledge to

facilitate the analysis of chemicals related to the national implementation of the CWC.

Project description:

the EU contribution will focus on the following two aspects:

(a) L a b o r a t o r y a s s i s t a n c e

Under a Laboratory Assistance Programme, OPCW has been providing assistance to improve the technical
competence of laboratories engaged in chemical analysis and monitoring. The assistance is basically in the
form of financial support for conducting technical evaluation or audit of a laboratory so as to improve its
level of competence, training of technical personnel at an advanced laboratory/institution for development of
skills,
internship at an accredited laboratory for skills development, conducting small scale research projects
relating to method development, validation, etc.

However, the support provided by the OPCW does not cover the cost of acquiring hardware or other investment
costs. Also, since expert assistance available in the OPCW is limited due to other commitments, it is necessary for
such assistance to be available from external sources. As part of the Council Joint Action of 22 November 2004,
a project on laboratory assistance has been taken up, for implementation in 2005, under which eight publicly
funded laboratories in developing and transition-economy countries are being provided with essential analytical
equipment such as bench-top gas chromatographs (GC) or a bench-top gas chromatograph-mass spectrometers
(GC-MS) with necessary technical assistance so as to improve their technical competence in the area analysis of
chemicals related to the CWC. In response to a note circulated by the Technical Secretariat of the OPCW seeking
applications for support under the project, a total of 100 applications was received. Of these, 19 applications
were recommended for consideration by the EU. However, since only eight laboratories were to be provided with
support under the project in 2005, the remaining 11 short-listed cases could not be considered for acceptance.

EU support for meeting the cost of these requirements will go a long way in enabling the laboratories in the
targeted countries to improve their technical competence significantly and to improve the quality and accuracy of
chemical analysis. The new project to be implemented in 2006 will cover another eight laboratories, or as many
as available funds may allow, to be selected by the clearance mechanism referred to in project 2.2.b.

This project, therefore, will be an extension of the laboratory assistance project in 2005. Its implementation will
start only once EU Member States have made a positive evaluation of the current project, based on a written
report to be provided by the OPCW.

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Clearance mechanism:

the clearance mechanism set up for project 2.2.b will be used to select beneficiaries to be funded against this
grant. Prior agreement by the EU Member States is needed for projects regarding the eight publicly funded
laboratories, including hardware support. Only laboratories with a link to the CWC should be eligible, and due
consideration will be given on the status of implementation of the CWC as well as the timely contribution to the
OPCW budget by the possible beneficiaries States. Any transfers under this project shall be made in accordance
with Council Regulation (EC) No 1334/2000 of 22 June 2000 setting up a Community regime for the control of
exports of dual-use items and technology (1) as well as the guidelines of the relevant export control regime, in the
framework of which the OPCW Technical Secretariat may be invited to perform a supervisory role. The States
Parties to the CWC that will be beneficiaries under this project shall guarantee the use of the transferred goods in
accordance with the provisions of the CWC by signing a Memorandum of Understanding to this end with the
OPCW Technical Secretariat.

Total estimated cost: EUR 700 000;

(b) A n a l y t i c a l s k i l l s d e v e l o p m e n t c o u r s e

The Council Joint Action of 22 November 2004 provided support for an analytical development course for 20
participants conducted in a Member State of the European Union in 2005. The course was successfully conducted
from 24 June to 8 July 2005 in the Netherlands. Keeping in view the huge response from the targeted countries,
namely the developing and transition economy countries, for participation in the course (nearly 180 applications
were received), it is proposed to conduct two units of the same course in 2006. The courses will be conducted in
Europe, with the help of either one or two institutions. Each course will accommodate 20 participants. Parti-
cipants should have a clear connection to activities of the CWC and, in particular, the effective implementation of
the CWC in their country. The course will aim to assist qualified analytical chemists from States Parties that are
either developing or have economies in transition to acquire further experience and practical knowledge; to
facilitate the analysis of chemicals related to the national
implementation of the CWC; to enhance national
capacities in the States Parties by offering training in analytical chemistry to personnel from the industry,
academic institutions and government laboratories; to facilitate the adoption of good laboratory practices; and
to broaden the pool of manpower from which the National Authorities and the Secretariat may draw in future. It
will cover both theoretical and practical training in areas relating to system validation, troubleshooting, sample
preparation and analysis. Each course will last for two weeks in June to July or in any other convenient period in
2006.

Total estimated cost: EUR 230 000.

Total estimated cost of project 3: EUR 930 000.

3. Duration

The total estimated duration for the implementation of this Joint Action is 12 months.

4.

Beneficiaries

The beneficiaries of universality related activities are States not Parties to the CWC (both signatory States and non-
signatory States). The beneficiaries of implementation related activities are non-EU States Parties to the CWC. The
selection of
the beneficiary countries will be identified by the OPCW in coordination with the EU Council
Presidency.

5.

Implementing entity

The OPCW will be entrusted with the implementation of the three projects. The implementation of these three
projects will be done by the OPCW staff with the help of the OPCW States Parties and their institutions, selected
experts or contractors, as above. In the case of contractors, the procurement of any goods, works or services by the
OPCW in the context of this Joint Action shall be carried out in accordance with the applicable rules and procedures
of the OPCW, as detailed in the European Community Contribution Agreement with an International Organisation.

6.

Third Parties participants

These projects will be financed 100 % by this Joint Action. Experts of OPCW States Parties may be considered as
third Parties participants. They will work under the standard rules of operation for OPCW experts.

(1) OJ L 159, 30.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 1504/2004 (OJ L 281, 31.8.2004, p. 1).

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7.

Estimated required means

The EU contribution will cover 100 % of the implementation of the three projects as described in this Annex. The
estimated costs are as follows:

Project 1

Project 2

Project 3

EUR 126 000

EUR 585 000

EUR 930 000

TOTAL COST (excluding contingencies)

EUR 1 641 000

In addition, a contingency reserve of about 3 % of eligible costs (EUR 56 000) is included.

TOTAL COST (including contingencies)

EUR 1 697 000

8.

Financial reference amount to cover the total cost of the project

The total cost of the project is EUR 1 697 000.