Council Joint Action 2006/419/CFSP of  12 June 2006  in support of the implementation of the United Nations Security Council Resolution 1540 (2004) and in the framework of the implementation of the EU Strategy against the Proliferation of Weapons of Mass Destruction
Date: 2006-06-12
Institutions: Council of the European Union
Subjects: EU financing, common foreign and security policy, non-proliferation of arms, the EU's international role

L 165/30

EN

Official Journal of the European Union

17.6.2006

COUNCIL JOINT ACTION 2006/419/CFSP

of 12 June 2006

in support of the implementation of the United Nations Security Council Resolution 1540 (2004)
and in the framework of the implementation of the EU Strategy against the Proliferation of
Weapons of Mass Destruction

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

(1)

(2)

(3)

(4)

(5)

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 which need to be
taken both within the EU and in third countries.

listed in Chapter

to the measures
particular

The EU is actively implementing this Strategy and is
III
giving effect
in
thereof,
financial
releasing
resources
specific projects conducted by
to support
multilateral
institutions, providing technical assistance
and expertise to States in need of a wide range of non-
the
proliferation measures and fostering the role of
United Nations Security Council (UNSC).

through

the

first

On 28 April 2004 the UNSC unanimously adopted
Resolution 1540, which is
international
instrument that deals with Weapons of Mass Destruction,
their means of delivery and related materials in an inte-
grated and comprehensive manner. It establishes binding
obligations
for all States aimed at preventing and
deterring non-State actors from accessing such weapons
and weapon-related material.

to the Committee of

UNSC Resolution 1540 (2004) called upon States to
present a report
the Security
Council established by UNSC Resolution 1540 (2004)
(hereafter 1540 Committee) on steps they have taken
or intend to take to implement the Resolution. Conse-
quently, on 28 October 2004 the Presidency submitted,
on behalf of the EU, the European Union Report on the
implementation of UNSC Resolution 1540 (2004), while
the EU Member States submitted their reports indivi-
dually.

The EU has carried out démarches to third States to
reports under
promote the submission of national
the
UNSC Resolution 1540 (2004). Preparation of
and
national
technical
States.
these
and an exchange of
Therefore

requires
on
assistance

reports
knowledge
technical

considerable
behalf

effort

of

experience gained from the process of drafting national
reports and from the adoption of measures to implement
UNSC Resolution 1540 (2004) can directly contribute to
increased compliance with the reporting obligation under
the Resolution and to its actual implementation.

On 27 April 2006 the UN Security Council unanimously
adopted Resolution 1673 (2006), which extended the
mandate of the 1540 Committee for a period of two
years, and decided that the Committee should intensify
its efforts to promote the full implementation of UNSC
Resolution 1540 (2004) through a work programme,
outreach, assistance and cooperation. It also invited the
1540 Committee to explore with States and interna-
tional, regional and sub-regional organisations the possi-
bility of sharing experience and lessons learned, and the
availability of programmes which might
facilitate the
implementation of UNSC Resolution 1540 (2004).

The 1540 Committee's report recommended that
the
regional and sub-regional outreach activities be widened
and intensified with a view to providing States,
in a
structured manner, with guidance for implementing the
obligations under UN Security Council Resolution 1540
(2004), taking into account the fact that 62 States have
their first national report and that 55
yet to submit
States which have submitted their first national report
have yet to submit additional
information and clarifi-
cation requested by the 1540 Committee.

The 1540 Committee's report also concluded that apart
from the non-submitting States, 32 States requested
assistance in their national reports for implementing
UNSC Resolution 1540 (2004).

On 9 June 2004 the Security Council assigned to the UN
Department for Disarmament Affairs (UN Secretariat) the
task of providing substantive and logistical support to the
1540 Committee and its experts.

The Financial and Administrative Framework Agreement,
concluded between the European Community, on the
one hand, and the UN, on the other hand, sets out a
framework for the UN and the European Community in
order
including
programmatic partnership. This Framework Agreement
is
contribution-specific
agreement, as specified in this Joint Action.

implemented by the

cooperation,

enhance

to be

their

to

(6)

(7)

(8)

(9)

(10)

17.6.2006

EN

Official Journal of the European Union

L 165/31

(11)

The Commission is entrusted with supervising the proper
implementation of the EU financial contribution,

HAS ADOPTED THIS JOINT ACTION:

Article 1

1.
In line with the EU Strategy against the Proliferation of
Weapons of Mass Destruction, which sets the objective of
fostering the
and of
enhancing its expertise in meeting the challenges of prolif-
eration,
the implementation of UNSC
Resolution 1540 (2004).

the UN Security Council

the EU shall support

role of

The projects in support of UNSC Resolution 1540 (2004),

2.
corresponding to measures of the EU Strategy, aim at:

— raising awareness of the requirements related to UNSC Reso-
lution 1540 (2004) and the importance of this international
non-proliferation instrument,

— contributing to strengthening third States' national adminis-
tration capacities in three regions (Asia-Pacific, Africa and
Latin America-Caribbean) in drafting national reports on the
implementation of UNSC Resolution 1540 (2004).

Article 3

1.
The financial reference amount for the implementation of
the projects referred to in Article 1(2) shall be EUR 195 000.

The management of

2.
the expenditure financed by the
general budget of the European Union specified in paragraph
1 shall be subject
the
Community applying to budget matters with the proviso that
the
any pre-financing does not
Community.

to the procedures and rules of

remain the property of

3.
For the purpose of implementing the expenditure referred
to in paragraph 1, the Commission shall conclude a contri-
in
bution-specific agreement with the UN Secretariat (DDA)
accordance with the Regulations and Rules of the Organisation.
It shall stipulate that the UN Secretariat (DDA)
is to ensure
visibility of the EU contribution, appropriate to its size.

Article 4

The Presidency, assisted by the Secretary-General of the Coun-
cil/High Representative for the CFSP, shall report to the Council
on the implementation of this Joint Action on the basis of
regular reports prepared by the UN Secretariat
(DDA). The
Commission shall be fully associated and shall provide infor-
mation on the financial aspects of the implementation of the
projects referred to in Article 1(2).

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

Article 5

Article 2

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

its

1.
The Presidency, assisted by the Secretary-General of the
Council/High Representative for the CFSP, shall be responsible
for implementing this Joint Action. The Commission shall be
fully associated.

It shall expire on 12 June 2008.

Article 6

The Commission shall supervise the proper implemen-

2.
tation of the financial contribution referred to in Article 3.

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

shall be

The technical implementation of the projects referred to in
3.
Article 1(2)
entrusted to the UN Secretariat
(Department for Disarmament Affairs) (hereafter UN Secretariat
(DDA)). In this capacity,
it shall perform this task under the
responsibility of the Presidency and under the control of the
SG/HR. For
into the
necessary arrangements with the UN Secretariat (DDA).

the SG/HR shall enter

this purpose,

Done at Luxembourg, 12 June 2006.

For the Council
The President

U. PLASSNIK

L 165/32

EN

Official Journal of the European Union

17.6.2006

ANNEX

EU SUPPORT FOR THE IMPLEMENTATION OF UNITED NATIONS SECURITY COUNCIL RESOLUTION 1540
(2004)

1. Description

On 28 April 2004, the United Nations Security Council unanimously adopted Resolution 1540 (2004) as the first
international instrument that deals with Weapons of Mass Destruction, their means of delivery and related materials in an
this non-proliferation
integrated and comprehensive manner. All EU Member States were strongly in favour of
instrument. The Resolution provided for the establishment of the Committee of
the Security Council which was
entrusted with reporting to the Security Council on the implementation of the Resolution drawing from national
reports. The national reports should cover the steps the States have taken or intend to take to implement the Resolution.

The EU has carried out démarches to third States to promote the submission of national reports under UNSC Resolution
1540 (2004). That Resolution recognises that some States may require assistance in implementing its provisions.
Therefore technical assistance and exchange of experience gained from the process of drafting national reports and
adopting measures to implement UNSC Resolution 1540 (2004) can directly contribute to increased compliance with
the reporting obligation under the Resolution and to its actual implementation.

On 27 April 2006 the UN Security Council unanimously adopted UNSC Resolution 1673 (2006), which decided that the
1540 Committee should intensify its efforts to promote the full
implementation of UNSC Resolution 1540 (2004)
including through outreach, assistance and cooperation. In its April 2006 report, the 1540 Committee concluded that
since 62 States which have yet to submit their first national report and 55 States which, although they have done so, still
have to submit additional information and clarification are concentrated in three geographical areas (Africa, the Caribbean
and the South Pacific), and since the gaps in the national reports follow certain regional patterns, activities to assist States
in meeting implementation requirements of UNSC Resolution 1540 (2004) should concentrate on regions and areas
where specific needs were identified.

2. Project description

The projects in support of the implementation of UNSC Resolution 1540 (2004) aim at addressing three aspects of the
implementation — awareness-raising of requirements and obligations under the Resolution, contributing to strengthening
national capacities in three target regions (Africa, Latin America and Caribbean, Asia-Pacific) in drafting national reports
on the implementation of UNSC Resolution 1540 (2004) and sharing experience from the adoption of national measures
required for the implementation of the Resolution.

The projects should take into account the conclusions and recommendations of the Report of the Committee of the
Security Council established pursuant to UNSC Resolution 1540 (2004), particularly with regard to regional needs and
gaps in the implementation of the Resolution as well as the need of some States for technical assistance, as applicable.
The official declaration of interest for hosting the outreach activity in one of the target regions in the Committee of the
Security Council shall be considered as the pre-condition for the EU support.

Project covering Asia-Pacific

The project consists primarily of organising an outreach activity, in the form of a seminar, which will raise awareness of
the obligations under UNSC Resolution 1540 (2004) and contribute to strengthening national capacities to implement
the Resolution in targeted States. The seminar may result in identifying assistance needs, which may be further addressed
by future EU initiatives in the area of technical assistance. Within the beneficiary States, focus should be given to policy-
making level participants. The agenda of the outreach activity should reflect the regional particularities in the implemen-
tation of UNSC Resolution 1540 (2004) and should respect the overall objectives of the Joint Action.

China has indicated in the Committee of the Security Council an interest in hosting, still in the first half of 2006, a
regional seminar on the implementation of UNSC Resolution 1540 (2004) with special focus on export controls.

17.6.2006

EN

Official Journal of the European Union

L 165/33

Project covering Africa

The project consists primarily of organising an outreach activity, in the form of a seminar, which will raise awareness of
the obligations under UNSC Resolution 1540 (2004) and contribute to strengthening national capacities to implement
the Resolution in targeted States. The seminar may result in identifying assistance needs, which may be further addressed
by future EU initiatives in the area of technical assistance. Within the beneficiary States, the focus should be on policy-
making level participants. The agenda of the outreach activity should reflect the regional particularities in the implemen-
tation of UNSC Resolution 1540 (2004) and should respect the overall objectives of the Joint Action.

Ghana has considered positively a request in the Committee of the Security Council to host a regional seminar on the
implementation of UNSC Resolution 1540 (2004), by the end of 2006 at the earliest.

Project covering Latin America and Caribbean

The project consists primarily of organising an outreach activity, in the form of a seminar, which will raise awareness of
the obligations under UNSC Resolution 1540 (2004) and contribute to strengthening national capacities to implement
the Resolution in targeted States. The seminar may result in identifying assistance needs, which may be further addressed
by future EU initiatives in the area of technical assistance. Within the beneficiary States, the focus should be on policy-
making level participants. The agenda of the outreach activity should reflect the regional particularities in the implemen-
tation of UNSC Resolution 1540 (2004) and should respect the overall objectives of the Joint Action.

Peru has expressed its willingness to organise a regional seminar on the implementation of UNSC Resolution
1540 (2004) by the end of 2006.

Project results:

— increased awareness among targeted States and regions of their obligations under UNSC Resolution 1540 (2004) and

of the possibilities for technical assistance,

— contributing to strengthening national administrative capacities in the targeted States and regions to report on the

implementation of UNSC Resolution 1540 (2004),

— report on summary of proceedings of the outreach activities, e.g. seminars and an assessment paper on technical

assistance needs.

The total estimated duration of the projects will be 24 months.

3. Duration

4. Beneficiaries

The beneficiaries of the seminar are primarily States of three target regions which have not submitted their national
reports on the implementation of UNSC Resolution 1540 (2004). States which have already fulfilled their reporting
obligation under the Resolution but which have not submitted additional information or clarifications as requested by the
Committee of the Security Council should also be targeted.

The final choice of beneficiaries will be made by the Presidency assisted by the Secretary-General/High Representative
through his Personal Representative on Non-proliferation of Weapons of Mass Destruction, acting upon proposals from
the implementing entity in accordance with Article 2(3) of this Joint Action.

The potential regional and out-of-region technical assistance donors as well as relevant international, regional and sub-
regional organisations will also be invited to attend.

L 165/34

EN

Official Journal of the European Union

17.6.2006

5. Implementing entity

The UN Secretariat (DDA) will be entrusted with the technical implementation of the projects, in the framework of the
political coordination by the Secretary-General/High Representative through his Personal Representative on Non-prolif-
eration of Weapons of Mass Destruction. The UN Secretariat (DDA) will sign a Host Nation Support Agreement with the
States, which will be identified as hosting States. The hosting State will take part in the project implementation. The
procurement of any goods, works or services by the UN Secretariat (DDA) from the hosting States in the context of this
Joint Action will be carried out in accordance with the applicable UN rules and procedures, as detailed in the EU
contribution-specific agreement with the UN Secretariat (DDA).

6. Estimated EU financial contribution

The projects are co-financed by the EU and other donors. The EU should focus on expenditure related to participation of
target States in the seminars, conference costs and costs for experts. Expenditure incurred by relevant regional and sub-
regional organisations may also be covered, insofar as this is directly related to participation in, and organisation of,
activities under the projects. The UN Secretariat (DDA) will be responsible for the overall coordination of contributions
made by other donors, who will finance the remaining costs of the projects. Some donors may contribute to the
implementation of the project directly to the host country. The estimated total cost of the EU contribution to the
implementation of projects in Asia-Pacific, Africa and Latin America and Caribbean is EUR 195 000. Contribution
transfers among projects are allowed if justified by specific requirements in selected regions.

In addition, a contingency reserve of about 3 % of eligible costs (for a total amount of EUR 3 395) is included for
unforeseen costs.

7. Financial reference amount to cover the cost of the projects

The total cost of the projects is EUR 195 000.