Council Decision 2008/974/CFSP of 18 December 2008 in support of the Hague Code of Conduct against Ballistic Missile Proliferation in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction
Date: 2008-12-18
Institutions: Council of the European Union
Subjects: European Union, ballistic missile, code of conduct, non-proliferation of arms, third country, weapon of mass destruction

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III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

COUNCIL DECISION 2008/974/CFSP

of 18 December 2008

in support of the Hague Code of Conduct against Ballistic Missile Proliferation in the framework of
the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction

THE COUNCIL OF THE EUROPEAN UNION,

(4)

Having regard to the Treaty on European Union, and in
particular Article 13(3) and Article 23(1) thereof,

Whereas:

(1)

(2)

(3)

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

non-proliferation

The EU is actively implementing this Strategy and giving
effect to the measures listed in Chapters II and III thereof,
for example by releasing financial resources to support
specific projects leading to the enhancement of a multi­
lateral
system and multilateral
confidence building measures. The Hague Code of
Conduct against ballistic missile proliferation (hereinafter
‘the Code’ or ‘HCoC’ is an integral part of that system. It
aims at preventing and curbing the proliferation of
ballistic missile systems capable of delivering weapons
of mass destruction and related technologies.

On 17 November 2003, the Council adopted Common
Position 2003/805/CFSP (1) on the universalisation and
reinforcement of multilateral agreements in the field of
non-proliferation of weapons of mass destruction and
inter
means of delivery. That Common Position calls,
alia, for the promotion of the subscription of as many
countries as possible to the Code, especially those with
ballistic missile capabilities, as well as for the further
development and implementation of the Code, especially
its confidence building measures, and for the promotion
of a closer relationship between the Code and the UN
multilateral non-proliferation system.

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

On 23 May 2007, the Council decided to take action to
promote the universality of the Code and compliance
with its principles. To that end, a workshop was
organised in the margins of the 2007 Annual Meeting
of Subscribing States which brought together States with
major ballistic missile capabilities, including those which
did not subscribe to the Code. It is a priority of the EU to
continue this dialogue among subscribing and non-
subscribing States with the aim of
further promoting
the universality of the Code as well as its better im­
plementation and enhancement. This Decision should
contribute to this process,

HAS DECIDED AS FOLLOWS:

Article 1

1.
For the purposes of ensuring the continuous and practical
implementation of certain elements of the EU Strategy against
Proliferation of Weapons of Mass Destruction, the EU shall
support
the activities of subscribing States to the Code in
order to further the following objectives:

(a) promoting the universality of the Code, and in particular the
subscription to the Code by all States with ballistic missile
capabilities;

(b) supporting the implementation of the Code;

(c) promoting further enhancement of the Code.

In this context,

2.
European Union shall cover the following specific activities:

the projects to be supported by the

(a) providing means for the organisation of targeted outreach,
for example in the form of a workshop, aiming at the
promotion of new subscriptions
the
region with the lowest level of subscription to the Code;

to the Code for

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(b) providing financial and technical means to facilitate, on the
one hand, the exchange of information among subscribing
States, and, on the other, a visit by international observers
to Space Launch Vehicles (SLV)
testing launching sites,
which subscribing States have resolved to consider on a
voluntary basis under Article 4a (ii) of the Code;

(c) providing means to pursue a debate among subscribing
States on how to preserve the relevance and the viability
of the Code. The debate shall in particular take into account
new developments in the area of ballistic missile prolif­
eration and the developments in international institutional
and legal frameworks related to ballistic missiles.

These projects shall be carried out for the benefit of subscribing
and non-subscribing States to the Code.

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

3.
The Commission shall supervise the proper management
of the expenditure referred to in paragraph 2, which shall take
the form of a grant. For this purpose,
it shall conclude a
financing agreement with the FRS. The financing agreement
shall stipulate that the FRS is to ensure visibility of the EU
contribution, appropriate to its size.

endeavour

The Commission shall

4.
the
financing agreement referred to in paragraph 3 as soon as
possible after the entry into force of this Decision.
It shall
inform the Council of any difficulties in that process and of
the date of conclusion of the financing agreement.

to conclude

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

Article 4

Article 2

1.
The Presidency, assisted by the Secretary-General of the
the Common Foreign and
Council/High Representative for
Security Policy (SG/HR), shall be responsible for the implemen­
tation of this Decision. The Commission shall be fully associ­
ated.

2.
The technical implementation of the projects referred to in
Article 1(2) shall be carried out by the Foundation for Strategic
Research in Paris (FRS).

The FRS shall perform this task under the control of the SG/HR,
in support of the Presidency and in close consultation with the
Chair of the Annual Meetings of the subscribing States to the
Code as well as with Austria in its capacity as Immediate
the Code. For
(ICC)/Executive Secretariat of
Central Contact
this purpose,
into the necessary
arrangements with the FRS.

the SG/HR shall

enter

The Presidency, assisted by the SG/HR, shall report
to the
Council on the implementation of this Decision on the basis
of regular reports prepared by the FRS. These reports shall form
the basis for the evaluation carried out by the Council. The
Commission shall be fully associated.
It shall report on the
financial aspects of the implementation of this Decision.

This Decision shall take effect on the day of its adoption.

Article 5

It shall expire 6 months after the date of its taking effect, unless
the Commission concludes a financing agreement with FRS
before expiry of that period, in which case this Decision shall
expire 24 months after the date of conclusion of the financing
agreement.

Article 6

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

The Presidency, the SG/HR and the Commission shall keep
3.
each other regularly informed about the implementation of this
Decision, in accordance with their respective competences.

Done at Brussels, 18 December 2008.

Article 3

1.
The financial reference amount for the implementation of
the projects referred to in Article 1(2) shall be 1 015 000 EUR.

For the Council
The President

M. BARNIER

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ANNEX

EU support to the Hague Code of Conduct against Ballistic Missile Proliferation in the framework of the
implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction

1.

Objectives

The European Union has strongly supported the Code from its inception. The European Union considers the Code
as an important multilateral instrument which aims at curbing the proliferation of ballistic missiles systems and
related technologies through transparency and confidence building measures. All the European Union Member
States have subscribed to the Code and are implementing the Code in good faith.

In the past, the European Union tried to overcome remaining loopholes in the implementation of the Code and its
universality by organising a workshop of subscribing and non-subscribing States to the Code in the margins of the
2007 Annual Meeting. Encouraged by the outcome of the workshop, the European Union wishes to pursue this
initiative and support three aspects of the Code as follows:

— Universality of the Code,

— Implementation of the Code,

— Enhancement and improved functioning of the Code.

2.

Description of the projects

2.1.

Project 1: Promotion of the universality of the Code

2.1.1. P u r p o s e o f

t h e p r o j e c t

While the number of subscribing States has attained the level of two thirds of all UN Member States, more needs
to be done to achieve universality of the Code. At the Annual Meetings, the subscribing States noted that the
reasons behind the reluctance of non-subscribing States to subscribe to the Code vary extensively, from general
lack of awareness and understanding of the Code to more political reasons.

2.1.2. R e s u l t s o f

t h e p r o j e c t

— increase awareness about, understanding and support of the Code,

— enhance interaction among subscribing and non-subscribing States to the Code,

— increase the number of subscribing States to the Code.

2.1.3. D e s c r i p t i o n o f

t h e p r o j e c t

The project provides for the organisation of two workshops:

— an awareness raising workshop for the region with the greatest number of non-subscribing States.

In Africa, the following countries have not subscribed to the Code: Algeria, Angola, Botswana, Central African
Republic, Côte d'Ivoire, Democratic Republic of the Congo, Egypt, Lesotho, Namibia, Republic of Congo,
Somalia, Swaziland, Togo and Zimbabwe.

— a general workshop, following the model of the workshop that was organised in the margins of the 2007
Annual Meeting of subscribing States with focused and structured exchanges on technical and politico-security
considerations related to ballistic missile proliferation and the relevance of the Code.

2.2.

Project 2: Support for the implementation of the Code among subscribing States

2.2.1. P u r p o s e o f

t h e p r o j e c t

While the Code represents an important instrument for curbing the proliferation of ballistic missiles and related
technologies through confidence-building and transparency measures, more needs to be done to promote better
exchanges among subscribing States. The project will focus on those aspects of exchanges where tangible results
can be achieved.

2.2.2. R e s u l t s o f

t h e p r o j e c t

— creation of a prototype of a secure internet-based information and communication mechanism (e-ICC), which
could enable faster, easier and securitized exchange of information among subscribing States and provide for
the electronic distribution of documents,

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— in the event that the subscribing States decide to establish an e-ICC at their Annual Meeting, such a prototype

could be made operational,

— greater support for a visit by observers to SLV testing launch sites.

2.2.3. D e s c r i p t i o n o f

t h e p r o j e c t

The project provides for two types of measures:

(a) Facilitation of the exchange of information and communication among subscribing States through the creation
of an e-ICC. The experience of France with the Missile Technology Control Regime (MTCR) e-POC system is of
particular relevance to this project.

Given the fact that it is for the subscribing States of the Code at the Annual Meeting to decide whether to
establish such a system, the project will be implemented in two phases. The implementation of the second
phase will be subject to prior deliberation by the subscribing States on the e-ICC at the Annual Meeting.

Phase 1: Proposal of the EU to the subscribing States of the Code to create an e-ICC

A prototype of an e-ICC will be prepared with a view to presenting it to the subscribing States, possibly in
2009 and to receiving feedback on its operation from the subscribing States.

Phase 2: Operationalisation of the e-ICC prototype

In the event that the subscribing States decide to establish an e-ICC at the Annual Meeting, such a prototype
could be made operational. To that end, the know-how and material aspects of the prototype would be
transferred to the ICC/Executive secretariat for management and training would be provided to the ICC and
the subscribing States;

(b) Providing financial means for a visit of international observers to SLVs' testing launch sites of the EU Member

States.

2.3.

Project 3: Promotion of the further enhancement and improved functioning of the Code

2.3.1. P u r p o s e o f

t h e p r o j e c t

The security environment is evolving constantly, including in the area of proliferation of the means capable to
deliver Weapons of Mass Destruction. The subscribing States meet annually and assess the implementation of the
Code as well as the new trends in the proliferation of ballistic missiles and related technologies.

The project will promote more in-depth discussion among subscribing States, and, when appropriate, include non-
subscribing States in a more informal setting and will provide for access to technical expertise concerning ballistic
missile proliferation outside governmental circles. The outcomes of the project could be submitted as a food-for-
thought paper at the Annual Meeting of subscribing States.

2.3.2. R e s u l t s o f

t h e p r o j e c t

— better understanding of current trends in ballistic missile proliferation and SLV programmes with recommen­

dations for the subscribing States,

— analysis of options how to motivate the subscribing States to undergo the Ballistic Missile and SLV

programmes,

— better understanding of the interface between the Code, the MTCR and bilateral and regional arrangements
concerning confidence building measures in pursuit of the goal of missile non-proliferation and a definition of
policy recommendations,

— working papers or other forms of documentation from the workshops, which could be submitted by the EU to

the HCoC Annual Meeting.

2.3.3. D e s c r i p t i o n o f

t h e p r o j e c t

The project will provide for two types of activities:

(a) Financing of a study on the current trends in ballistic missiles and the dynamics in their proliferation, as well
as SLV programmes, which could be submitted as a food-for-thought paper at the Annual Meeting of the
subscribing States. In conducting this study, FRS will ensure that there is no duplication of work with the UN
Group of Governmental Experts;

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(b) Financing of workshops of experts from the subscribing and non-subscribing States, both from the govern­
mental and non-governmental sectors. The workshops could be organised in the margins of the Annual
Meetings. The outcomes could be submitted as a working paper to the Annual Meeting of the subscribing
States. The workshops will address the following issues:

— The interface between the Code,

the MTCR and bilateral and regional confidence building measure
arrangements in pursuit of the goal of missile non-proliferation as well as between the Code and the
UN system (UNGA),

— How to motivate the subscribing States to undergo the ballistic missile and SLV programmes.

3.

Duration

The total estimated duration of the implementation of the projects is 24 months.

4.

Beneficiaries

The beneficiaries of the projects in this Decision are both subscribing and non-subscribing States to the Code.

The final choice of the beneficiary States will be made in consultation between the implementing entity and the
Presidency, assisted by the SG/HR in close consultation with Member States and the Commission in the framework
of the competent Council Working Party. The final decision will be based on proposals by the implementing entity
in accordance with Article 2(2).

5.

Implementing entity

FRS will be entrusted with the technical implementation of the projects. The projects will be implemented directly
by staff of the FRS or of its cooperative partners, the Institute of Peace Research and Security Policy of Hamburg
University and the Polish Space Research Centre in Warsaw.

The implementing entity will prepare:

(a) Quarterly reports on the implementation of the projects;

(b) A final report not later than one month after the end of the implementation of the projects.

Reports will be sent to the Presidency, assisted by the SG/HR.

The FRS will ensure the visibility of the EU contribution, appropriate to its size.

6.

Third party participants

The projects will be financed in their entirety by the Decision. Experts from subscribing States to the Code or non-
subscribing States may be considered as third party participants. They will work in accordance with the standard
rules of the FRS.