Council Decision (CFSP) 2019/2009 of 2 December 2019 in support of Ukraine’s efforts to combat illicit trafficking in weapons, ammunition and explosives, in cooperation with the OSCE
Date: 2019-12-02
Institutions: Council of the European Union
Subjects: OSCE, Ukraine, arms control, arms trade, cooperation policy, explosive, fight against crime, firearms and munitions, illicit trade, non-proliferation of arms




L_2019312EN.01004201.xml










3.12.2019   


EN


Official Journal of the European Union


L 312/42








            COUNCIL DECISION (CFSP) 2019/2009
of 2 December 2019
         
in support of Ukraine’s efforts to combat illicit trafficking in weapons, ammunition and explosives, in cooperation with the OSCE


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 28(1) and 31(1) thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 19 November 2018, the Council adopted the EU Strategy against illicit firearms, small arms & light weapons (SALW) and their ammunition ‘Securing Arms, Protecting Citizens’ (the ‘EU SALW Strategy’). The purpose of the EU SALW Strategy is to guide integrated, collective and coordinated European action to prevent and curb the illicit acquisition of SALW and their ammunition by terrorists, criminals and other unauthorised actors, and to promote accountability and responsibility with regard to the legal arms trade.












(2)


At regional level, the EU SALW Strategy commits the Union and its Member States to provide assistance in strengthening law enforcement capabilities in order to identify, disrupt and prohibit trafficking networks and prevent firearms from reaching terrorists and criminals via the illicit market, inter alia, by blocking the illicit financing and transport of arms and enhancing the role of border police, customs and port authorities in tackling illicit arms flows by maritime transport.












(3)


The EU SALW Strategy states that the current instability in Eastern Europe has raised the level of illicit trafficking of firearms in various countries in the region, such as Ukraine. This presents a significant long-term security threat to both Ukraine and the Union. Cooperation between the Union and Ukraine on this issue is thus of mutual interest. The Union is pursuing its bilateral engagement with Ukraine and other countries in the region and systematically integrates the fight against illicit SALW into any dialogue on security matters with partner countries in the neighbourhood.












(4)


In May 2016, the State Border Guards Service of Ukraine requested the Secretariat of the Organisation for Security and Cooperation in Europe (OSCE) to carry out a needs assessment for combating the illicit trafficking in weapons, ammunition and explosives in and across Ukraine’s borders. The needs assessment was carried out with support from France and Germany and published in April 2018. The results of the needs assessment were confirmed by the main law-enforcement and security agencies in Ukraine during a high-level meeting organised in Kyiv on 7 June 2018.












(5)


The State Border Guard Service of Ukraine, the State Fiscal Service/State Customs Service of Ukraine and the Ministry of Internal Affairs of Ukraine have officially, in written form, expressed interest and requested cooperation with the OSCE Secretariat and the OSCE Project Coordinator in Ukraine in supporting Ukraine’s efforts to combat illicit trafficking in weapons, ammunition and explosives in line with the results of the needs assessment.












(6)


The Union’s border control related assistance to Ukraine, such as the Integrated Border Management Strategy supported by the Commission’s European Neighbourhood Instrument and the Union’s civilian Common Security and Defence Policy missions, namely the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine) and the European Union Border Assistance Mission to Moldova and Ukraine (EUBAM Moldova and Ukraine), and their support activities for border control do not include support specifically aimed at combating illicit trafficking in weapons, ammunition and explosives.












(7)


On 30 June 2018, the third United Nations Conference to Review Progress Made in the Implementation of the UN Programme of Action against illicit Small Arms and Light Weapons adopted an outcome document in which States renew their commitment to preventing and combating the diversion of small arms and light weapons. States reaffirmed their willingness to pursue international cooperation and to reinforce regional cooperation through improved coordination, consultation, information exchange and operational cooperation, involving relevant regional and sub-regional organisations, as well as law enforcement, border control and export- and import-licensing authorities.












(8)


The 2030 Agenda for Sustainable Development affirms that combating the illicit trade in small arms and light weapons is necessary for the achievement of many sustainable development goals, including those relating to peace, justice and strong institutions, poverty reduction, economic growth, health, gender equality and safe cities. Therefore, in Sustainable Development Goal 16.4, all States have committed to significantly reducing illicit financial and arms flows.












(9)


In his Agenda for Disarmament ‘Securing our Common Future’, that was presented on 24 May 2018, the UN Secretary-General called for addressing the excessive accumulation of and illicit trade in conventional arms and for supporting country-level approaches on small arms.












(10)


On 25 October 2012, the Council adopted Decision 2012/662/CFSP (1) in support of activities to reduce the risk of illicit trade in, and excessive accumulation of, Small Arms and Light Weapons in the region covered by the OSCE and, on 4 August 2017, the Council adopted Decision (CFSP) 2017/1424 (2) in support of OSCE activities to reduce the risk of illicit trafficking and excessive accumulation of small arms and light weapons and conventional ammunition in the former Yugoslav Republic of Macedonia and Georgia,





HAS ADOPTED THIS DECISION:



Article 1

1.   The purpose of this Decision is to strengthen the capacities of the State Border Guard Service of Ukraine, the Ministry of Internal Affairs of Ukraine and the State Fiscal Service/State Customs Service of Ukraine in combating illicit trafficking in weapons, ammunition and explosives in Ukraine.


2.   Pursuant to paragraph 1, the objectives of this Decision are the following:






(a)


to enhance capabilities of the State Border Guard Service, the Ministry of Internal Affairs and the State Fiscal Service/State Customs Service of Ukraine with respect to preventing and combating illicit trafficking in weapons, ammunition and explosives;










(b)


to enhance supervisory capacities of the Ministry of Internal Affairs with respect to their control of the manufacture, marking and record-keeping of weapons, ammunition and explosives corresponding to the needs identified in the needs assessment;










(c)


to enhance operational capacities of the Ministry of Internal Affairs and of the National Police of Ukraine, which reports to the Ministry of Internal Affairs, with respect to forensics, analysis, detection, tracing, and investigation of illicit trafficking in weapons, ammunition and explosives;










(d)


to enhance capacities of the Ministry of Internal Affairs for the improvement of legislative mechanisms for regulating and controlling the circulation and use of weapons, ammunition and explosives as well as raising public awareness on risks related to illegal possession, misuse and trafficking in weapons, ammunition and explosives corresponding to the needs identified in the needs assessment;










(e)


to enhance inter-agency coordination and cooperation resulting in developing strategic approach, data-collection and analysis in preventing and combatting illicit trafficking in weapons, ammunition and explosives in Ukraine corresponding to the needs identified in the needs assessment.






3.   Pursuant to paragraph 2, the Union shall support the following actions:






(a)


enhancing the relevant normative and legislative framework;










(b)


the collection, compilation and sharing of relevant data, including the development and unification of electronic databases;










(c)


developing the capacities of relevant institutions;










(d)


providing training;










(e)


the acquisition of specialised equipment and infrastructure, including canine detection capacities;










(f)


the creation of platforms for enhanced national inter-agency coordination and the clarification of mandates, facilitating cooperation and information exchange;










(g)


raising awareness among the general public;










(h)


regional and international exchange and cooperation.






4.   The beneficiaries of the project shall be the national authorities of Ukraine responsible for preventing and combatting illicit trafficking in weapons, ammunition and explosives. The primarily targeted national authorities are: the State Border Guard Service, the Ministry of Internal Affairs and the National Police of Ukraine, which reports to the Ministry of Internal Affairs, and the State Fiscal Service/State Customs Service. Other mandated national authorities, such as the Security Service of Ukraine, shall be engaged on a case-by-case basis.


5.   A detailed description of the project is set out in the Annex to this Decision.



Article 2

1.   The High Representative of the Union for Foreign Affairs and Security Policy (‘HR’) shall be responsible for implementing this Decision.


2.   The technical implementation of the project referred to in Article 1 (the ‘project’) shall be carried out by the OSCE Secretariat.


3.   The OSCE Secretariat shall perform its tasks under the responsibility of the HR. For that purpose, the HR shall enter into the necessary arrangements with the OSCE Secretariat.



Article 3

1.   The financial reference amount for the implementation of the project financed by the Union shall be EUR 5 151 579.


2.   The expenditure financed by the reference amount set out in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.


3.   The Commission shall supervise the proper management of the expenditure referred to in paragraph 1. For that purpose, it shall conclude the necessary financing agreement with the OSCE Secretariat. The financing agreement shall stipulate that the OSCE Secretariat has to ensure the visibility of the Union’s contribution, appropriate to its size.


4.   The Commission shall endeavour to conclude 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.



Article 4

1.   The HR shall report to the Council on the implementation of this Decision on the basis of regular half-yearly narrative reports prepared by the OSCE Secretariat. Those reports shall form the basis of the evaluation to be carried out by the Council.


2.   The Commission shall report on the financial aspects of the project referred to in Article 1.



Article 5

1.   This Decision shall enter into force on the date of its adoption.


2.   This Decision shall expire 36 months after the date of conclusion of the financing agreement referred to in Article 3(3). However, it shall expire six months after the date of its entry into force if no agreement has been concluded within that period.





Done at Brussels, 2 December 2019.


For the Council


The President

M. OHISALO
            





(1)  Council Decision 2012/662/CFSP of 25 October 2012 in support of activities to reduce the risk of illicit trade in, and excessive accumulation of, Small Arms and Light Weapons in the region covered by the Organisation for Security and Cooperation in Europe (OSCE) (OJ L 297, 26.10.2012, p. 29).

(2)  Council Decision (CFSP) 2017/1424 of 4 August 2017 in support of OSCE activities to reduce the risk of illicit trafficking and excessive accumulation of small arms and light weapons and conventional ammunition in the former Yugoslav Republic of Macedonia and Georgia (OJ L 204, 5.8.2017, p. 82).




ANNEX

OSCE COMPREHENSIVE PROGRAMME ON SUPPORTING UKRAINE’S EFFORTS TO COMBAT ILLICIT TRAFFICKING IN WEAPONS, AMMUNITION AND EXPLOSIVES

1.   Background
In recent years, Ukraine has been facing significant safety and security risks and challenges related to the spread of illicit weapons, ammunition and explosives (WAE) across its borders and on its territory. These have been in particular aggravated by the crisis in and around Ukraine and have been manifested in the illegal possession, misuse and trafficking in WAE.
Ukraine remains an area of concern and an important challenge in the EU Strategy against illicit firearms, small Arms & light weapons (SALW) and their ammunition (the ‘EU SALW Strategy’). The EU SALW Strategy states that ‘the current instability in Eastern Europe has raised the level of illicit trafficking of firearms in various countries in the region, such as Ukraine. This presents a significant long-term security threat to both Ukraine and the EU. Cooperation between the EU and Ukraine on this issue is thus of mutual interest. The EU is pursuing its bilateral engagement with Ukraine and other countries in the region and systematically integrates the fight against illicit SALW into any dialogue on security matters with partner countries in the neighbourhood.’.
Thus, with the reference to Eastern Neighbourhood in general and Ukraine in particular the EU SALW strategy sets out the following actions:






—



                  ‘The EU and its Member States will integrate the fight against firearms/SALW trafficking in the context of the dialogue on security matters with partner countries in the neighbourhood, such as Ukraine;










—


The EU and its Member States will establish channels of communication between EU and Ukrainian experts, identify a contact point to ensure smooth cooperation, raise awareness, share best practices and expertise, and identify training needs and other support measures to strengthen Ukraine’s capacities in the field; and










—


The EU and its Member States will keep working on a permanent technical roundtable with Ukraine to address the pressing problem of the illicit traffic of firearms and the risks associated with such arms falling into the hands of terrorists and organised crime groups.’.




Based on the initial request of the State Border Guards Service of Ukraine (SBGS) made in May 2016, the OSCE Secretariat carried out the ‘Needs Assessment for Combatting the Illicit Trafficking in Weapons, Ammunition and Explosives in/and Across Ukraine’s Borders’ (the ‘needs assessment’). The needs assessment, published in April 2018, involved several WAE regulating, law-enforcement and security ministries and agencies. It revealed that the current approach to detecting and curbing illicit trafficking in WAE within and across Ukraine’s borders is proving challenging. The support in terms of human and technical resources development, clearly understood legislation and inter-agency level coordination, as well as international support and cooperation needs to be enhanced. The needs assessment also established the baseline for providing technical assistance and institutional support to develop the capacities of the Ukrainian authorities in their efforts to combat trafficking in WAE in a holistic and sustainable way.
On 7 June 2018, the main WAE regulating, law-enforcement and security ministries and agencies in Ukraine confirmed the results of the needs assessment at a high-level meeting organised in Kyiv. They reiterated clearly understood current and looming threats of illicit trafficking in WAE and commitments to improve the situation on the ground. This included endorsing the road-map, developed through the needs assessment, which supports an integrated, comprehensive and cooperative approach for effective capacities development and work of the system to combat illicit trafficking in WAE in Ukraine.
On 12 March 2019, the same authorities met at the second high-level meeting organised in Kyiv whereby the progress on discussing challenges, actual needs and initiatives related to combating illicit trafficking in WAE in Ukraine and across its borders has been clearly noted. Moreover, the national and international commitments to strengthen action have also been made at the meeting.
Several law-enforcement and security ministries and agencies have officially, in written form, expressed interest and requested cooperation with the OSCE Secretariat in supporting Ukraine’s efforts to combat illicit trafficking in WAE, namely the SBGS in May 2016, the State Fiscal Service (SFS)/State Customs Service (SCS) in July 2018, and the Ministry of Internal Affairs of Ukraine in March 2019. These ministries and agencies have addressed the OSCE Project Coordinator in Ukraine to support practical implementation of project activities by mid-September 2019.
2.   Overall objective
To strengthen the capacities of Ukrainian authorities in preventing and combating illicit trafficking in weapons, ammunition and explosives.
3.   Description of Action
The action is based on the findings and recommendations of the OSCE Secretariat’s ‘Needs Assessment for Combatting the Illicit Trafficking in WAE in/and Across Ukraine’s Borders’. Moreover, it was further developed in response to the explicit cooperation and assistance requests addressed to the OSCE Secretariat and the OSCE Project Coordinator in Ukraine (PCU) by the SBGS, the SFS and the Ministry of Internal Affairs of Ukraine. The requests were followed by comprehensive technical consultations between the OSCE and the mentioned state actors.
In close cooperation with the relevant Ukrainian authorities, the OSCE prepared three projects addressing various aspects of their mandates related to combatting illicit trafficking in WAE. The projects are combined into a unified comprehensive programme with a view to strengthen the overall safety and security in Ukraine. The comprehensive programme supports the EU Strategy against illicit firearms, small arms & light weapons (SALW) and their ammunition (2018) in particular actions in the Eastern Neighbourhood.
3.1.   Project 1: Supporting the State Border Guard Service of Ukraine in preventing and combating illicit trafficking in weapons, ammunition and explosives (WAE)
3.1.1.   Objective
The project objective is to assist the State Border Guard Service of Ukraine (SBGS) to enhance their capacity in preventing and combatting illicit trafficking in WAE.
3.1.2.   Description
The SBGS is one of the law enforcement agencies in Ukraine mandated to combat illicit WAE trafficking. It is vested with the responsibilities to ensure inviolability of state borders and protection of sovereign rights of Ukraine within its exclusive (maritime) economic zone.
The project will aim to address verified capability gaps within the SBGS by means of: (a) training, technical and operational capacity development for preventing and combatting illicit trafficking of WAE; and (b) transfer of international good practices and information exchanges in particular in relation to EU Member States, Western Balkan partners and states in the neighbourhood.
3.1.3.   Expected Result
Result 1: Enhanced SBGS capabilities in preventing and combating illicit trafficking in WAE
Indicators:






—


increased competences (organisational, technical, knowledge) of project beneficiary SBGS personnel in the relevant educational and training institutions, analytics and investigation units, and operational units in support of preventing and combatting illicit trafficking of WAE and applied in the their regular work processes,










—


cooperation measures and expert networking — in national, sub-regional and international contexts — contributing towards interoperability of project beneficiaries with their counterparts and applied in the regular work processes of project beneficiaries relevant units and institutions,










—


documented findings of evaluations and quality management approaches are shared with and applied in practice and taken into consideration for capacity building purposes by project stakeholders (project beneficiaries — primary and secondary, donor community and OSCE).




3.1.4.   Activities
3.1.4.1.   Comprehensive Training Programme in preventing and combatting illicit trafficking in WAE for the SBGS corresponding to the needs identified in the needs assessment
The activity will include:






—


comprehensive training programme in preventing and combatting illicit trafficking in WAE that will follow two-tier approach: (a) by developing and enhancing required knowledge, skills and attitudes of instructors and educators, i.e. train-the-trainer approach; and (b) by developing and enhancing subject matter expertise in niche areas such as risk analysis & profiling, criminal analysis, introduction of new and upgrades of technical means, technologies and procedures.




3.1.4.2.   Equipment assistance programme in preventing and combating trafficking in WAE for the SBGS corresponding to the needs identified in the needs assessment
This activity will include:






—


provision of a limited amount of fixed and mobile equipment, as well as other types of technical means and technologies in support of testing, evaluating and introducing new technological and procedural solutions in detection of illicit trafficking in WAE. The equipment will be provided to selected organisational structures within the SBGS, namely units of border control (focused on northern and north-western Ukraine), command structures and educational institutions. Moreover, the activity is integrated into comprehensive training programme, i.e. creates a broader train-and-equip initiative for the SBGS. The provided equipment will be in accordance with the needs identified in the needs assessment.




3.1.4.3.   Canine assistance programme in preventing and combatting illicit trafficking in WAE for the SBGS corresponding to the needs identified in the needs assessment
This activity will include:






—


organising exchange visits to familiarise relevant SBGS expert personnel and educators with international experiences and good practices in using canine capacities in combatting illicit trafficking in WAE and to support expert networking, and










—


reviewing and updating training methodologies and operational procedures in using canine capacities in combatting illicit trafficking in WAE.




3.2.   Project 2: Supporting the Ministry of Internal Affairs of Ukraine (MIA) and the National Police of Ukraine, which reports to the MIA, in preventing and combatting illicit trafficking of weapons, ammunition and explosives
3.2.1.   Objective
The project objective is to assist the MIA and the NPU, which reports to the MIA, in preventing and combatting illicit trafficking in WAE.
3.2.2.   Description
The MIA is one of the key national authorities in Ukraine that not only regulates and controls the licit use of the WAE, but executes operational and coordinative measures in preventing and combatting illicit trafficking in WAE either directly or through its subordinated agencies.
The project addresses verified capabilities gaps within the MIA to effectively prevent and combat illicit trafficking in WAE by supporting improvement of the MIA’s: (a) supervisory capacities in controls of the legal manufacture, marking and record-keeping of WAE; (b) operational capacities in forensics, analysing, detecting and investigating the illicit trafficking in WAE; (c) legislative mechanisms for regulating and controlling the legal circulation and use of WAE as well as raised awareness on illegal possession, misuse and trafficking in WAE; and (d) coordinative and cooperative mechanisms to support joint strategic and operational approaches in prevention and combatting illicit trafficking in WAE with the other relevant national agencies.
3.2.3.   Expected Results
Result 1: Enhanced supervisory capacities of the MIA in their control of manufacture, marking and record-keeping of WAE corresponding to the needs identified in the needs assessment.
Indicators:






—


Amendments and proposals to the national legislative framework, the MIA regulations and administrative procedures on control of manufacture, marking and record-keeping of WAE in Ukraine,










—


Amendments and proposals to the national legislative framework, the MIA regulations and administrative procedures to prevent illicit manufacture of firearms through the use of 3-D printed parts, illicit re-activation of deactivated firearms, craft production of firearms and the illicit conversion of alarm or signal guns designed for blank ammunition or flobert guns,










—


Uniform electronic WAE classifier developed, tested, regulated for introduction to regular use within the MIA and other interested governmental entities as well as integrated into the MIA’s WAE registry.




Result 2: Enhanced operational capacities of the MIA and the NPU in forensics, analysis, detection, tracing, and investigation of illicit trafficking in WAE
Indicators:






—


Improved policy, operational and technical capabilities related to illicit trafficking in WAE as well as increased knowledge, skills and attitudes of the MIA’s personnel related to forensic work, including the tracing of seized firearms and applied in the regular work processes,










—


Improved policy, operational and technical capabilities of the NPU on countering and detection of illicit trafficking in WAE, including improvised explosives devices and illicit explosive materials, as well as increased knowledge, skills and attitudes of the NPU’s personnel and applied in the regular work processes.




Result 3: Enhanced capacities of the MIA for improvement of legislative mechanisms for regulating and controlling the circulation and use of WAE as well as raised public awareness on risks related to illegal possession, misuse and trafficking in WAE corresponding to the needs identified in the needs assessment.
Indicators:






—


Clear understanding of perceptions, needs and thinking within Ukraine society and focused groups on regulating and controlling the circulation and use of firearms and other WAE issues,










—


Enhanced awareness of Ukraine citizens on the risks posed by illegal possession, misuse and trafficking in WAE through the conduct of public awareness campaigns,










—


Comprehensive assessment and gap analysis of the national legislative framework on regulating and controlling the circulation and use of WAE,










—


Amendments and proposals to national legislative framework on regulating and controlling the circulation and use of WAE.




Result 4: Enhanced inter-agency coordination and cooperation resulting in developing strategic approach, data-collection and analysis in preventing and combatting illicit trafficking in WAE in Ukraine corresponding to the needs identified in the needs assessment.
Indicators:






—


Effective implementation of coordination and cooperation mechanisms contributing towards harmonised planning, developing, implementing (including monitoring and controlling) and evaluating a joint strategic approach,










—


Effective introduction and use of harmonised nation-wide statistical indicators about illicit trafficking in WAE in Ukraine,










—


Recommendations for improvement of inter-agency coordination and cooperation handed-over to a national coordination body (NCB) in the field of SALW control developed through this project,










—


Improved analytical capabilities and institutionalised illicit firearms data analysis.




3.2.4.   Activities
3.2.4.1.   Promotion and transfer of international and European standards and good practices for the control of manufacture, marking and record-keeping of WAE in Ukraine, including on the prevention of illicit manufacture of WAE including through illicit re-activation, conversion or other methods.
This activity will include:






—


providing one customised specialist training sessions for policy-makers and leading experts from the MIA, including Licensing Department, Scientific and research centre of crime and criminology, National Police and other law-enforcement agencies, and










—


feasibility study on marking of firearms in Ukraine’s law-enforcement agencies and in civilian ownership focusing on post-production and import marking.




3.2.4.2.   Development and roll-out of the uniform electronic WAE classifier and its integration into WAE registry
This activity will include:






—


development and testing uniform electronic WAE classifier, and










—


technical support to the roll-out and training on the uniform electronic WAE classifier into the MIA’s WAE registry (up to 25 training events).




3.2.4.3.   Promotion of good practices and knowledge transfer in the field of forensics and investigations of illicit trafficking in WAE
This activity will include:






—


providing two customised specialist training sessions for leading experts from the MIA, including Scientific and research centre of crime and criminology and National Police and other law-enforcement agencies as state customs service and general prosecutor’s office. The indicative list of training sessions will include: firearms import marking requirements and techniques; securing the crime scene (police first responders); inspecting the crime scene and securing, packaging and inspecting the evidence (crime technicians); supporting domestic and international tracing (laboratory technicians); and developing, understanding and disseminating ballistic intelligence related to firearms criminality.




3.2.4.4.   Promotion of good practices, knowledge transfer and equipment assistance programme in countering and detection of illicit trafficking in WAE for the NPU
This activity will include:






—


providing one customised specialist training sessions for leading experts from the National Police and other law-enforcement agencies such as SBGS and SFS/SCS of Ukraine as well as connecting with the European EMPACT firearms network of national law enforcement officers, and










—


procurement of limited amount of technical equipment for the NPU’s Criminal Investigative Units in support of new methodologies and technological solutions on countering and detection of illicit trafficking in WAE.




3.2.4.5.   Country-wide public opinion survey, attitude study and public awareness and communication campaigns on risks related to illegal possession, misuse and trafficking in WAE.
This activity will include:






—


conducting research and analysis of public opinion on illegal possession, misuse and trafficking in WAE,










—


in-depth attitude study with focused group discussions on illegal possession, misuse and trafficking in WAE, and










—


public awareness and communication campaigns on legal regulations and risks related to illegal possession, misuse and trafficking in WAE and impact analysis.




3.2.4.6.   Promoting improvement of legislative mechanisms for regulating and controlling the circulation and use of WAE and its implementation.
This activity will include:






—


comprehensive assessment and gap analysis of the current legislation and regulations on management and control of the circulation and use of WAE, including international agreements and legislations, translation support, and evaluation of its practical implementation, and










—


provide expert assistance on legislation design and drafting for regulating and controlling the circulation and use of WAE including considering harmonisation of legislation and regulatory issues with the international regulations and standards of relevance for Ukraine.




3.2.4.7.   Promoting development of strategic approach in prevention and combatting illicit trafficking in WAE in Ukraine
This activity will include:






—


raising awareness, providing advice and expert support for establishing a permanent, inter-agency NCB in the field of SALW control consisting of the relevant mandated national authorities in Ukraine (6 formal meetings); the NCB will be developed through this project and will be chaired by the MIA, and










—


mapping and maintaining registry of all SALW related initiatives in Ukraine including on donor community resources.




3.2.4.8.   Promoting development of inter-agency data-collection, analysis and dissemination system on illicit ownership, misuse and illicit trafficking in WAE
This activity will include:






—


promotion of a common methodology for the compilation, mapping, comparison and use of official statistics, joint and cross comparable performance indicators, and a joint format necessary for automated information sharing on illicit ownership, misuse and illicit trafficking in WAE, and










—


providing two training sessions on data collection and analysis, including risk and threat assessment,










—


providing assistance for the elaboration of an analytical report on trafficking methods and routes aggregated from the collected data among Ukrainian agencies,










—


promoting disaggregated data-collection and inter-agency data sharing among relevant mandated national authorities.




3.3.   Project 3: Supporting the State Fiscal Service/State Customs Service of Ukraine (SFS/SCS) in preventing and combatting illicit trafficking of WAE
3.3.1.   Objective
The project objective is to assist the SFS/SCS to enhance their capacity in preventing and combatting illicit trafficking of WAE.
3.3.2.   Description
The SFS/SCS is mandated to prevent and counteract smuggling and to fight against violations of customs regulations at the points of passage through the state border of Ukraine, in the territories of sea and river ports, airports, at railway stations and other places determined by the Customs Code of Ukraine. This includes measures to prevent and counteract illicit trafficking in WAE.
The project will aim to address verified capability gaps within the SFS in: (a) training, technical and operational capabilities in combatting illicit trafficking of weapons, ammunition and explosives; and (b) transfer of international good practices and information exchanges in particular in relation to EU Member States, Western Balkan partners and states in the neighbourhood.
3.3.3.   Expected Results
Result 1: Enhanced SFS/SCS capacities in preventing and combatting illicit trafficking of WAE
Indicators:






—


Increased competencies of the project beneficiary personnel in the relevant educational and training institutions, analytics and investigation units, and operational units in support of combatting illicit trafficking of WAE and applied in the regular work processes,










—


Increased organisational and technical capacities of the project beneficiaries in the relevant educational and training institutions, analytics and investigation units, and operational units in support of combatting illicit trafficking of WAE and applied in the regular work processes,










—


Cooperation measures and expert networking — in national, sub-regional and international contexts — contributing towards interoperability of project beneficiaries with their counterparts and applied in regular work processes of the project beneficiary’s relevant units and institutions,










—


documented findings of evaluations and quality management approaches are shared with and applied in practice and taken into consideration for capacity building purposes by project stakeholders (project beneficiaries — primary and secondary, donor community and OSCE).




3.3.4.   Activities
3.3.4.1.   Comprehensive Training Programme in combatting illicit trafficking of WAE for SFS/SCS corresponding to the needs identified in the needs assessment.
This activity will include:






—


comprehensive training programme in preventing and combatting illicit trafficking of WAE that will follow two-tier approach: (a) by developing and enhancing required knowledge skills and attitudes of instructors and educators, i.e. train-the-trainer approach; and (b) by developing and enhancing subject matter expertise in niche areas such as violation of customs legislation, service dogs teams, trainings on new and upgraded of technical means, technologies and procedures.




3.3.4.2.   Equipment assistance programme in preventing and combating trafficking of WAE for SFS/SCS corresponding to the needs identified in the needs assessment.
This activity will include:






—


provision of limited amount of fixed and mobile equipment, as well as other types of technical means and technologies in support of testing, evaluating and introducing new technological and procedural solutions in detection of illicit trafficking in WAE. The equipment will be provided to selected organisational structures within the SFS/SCS main apparatus, territorial authorities (focused on northern, north-western and western Ukraine) and specialised departments. Moreover, the activity is fluidly integrated into a comprehensive training programme, i.e. creates a broader train-and-equip initiative for the SFS/SCS, and










—


technical support to training programme implementation, adjustment and integration into regular training curricula.




3.3.4.3.   Canine assistance programme in preventing and combatting illicit WAE for SFS/SCS
This activity will include:






—


organising exchange visits to familiarise relevant SFS/SCS expert personnel and educators with international experiences and good practices in using canine capacities in combatting illicit trafficking in WAE, and to support expert networking,










—


reviewing and updating training methodologies and operational procedures in using canine capacities in preventing and combatting illicit trafficking in WAE,










—


technical support for training and mobile solutions to support canine operations in combatting illicit trafficking in WAE.




4.   Project management and administrative support for the implementation of the action
Dedicated project personnel in the OSCE Secretariat and in the office of the OSCE Project Coordinator in Ukraine will coordinate and manage the implementation of the action and its related projects’ activities as set out in Section 3. The dedicated project personnel — organised in project management and implementation teams — will further support development of the collaborative framework between Ukrainian partners as well as cooperation and coordination with the international community.
The dedicated project personnel will perform the following tasks:






—


managing projects through all steps of the project cycle,










—


carrying out day-to-day financial oversight of the projects,










—


providing technical and legal expertise, supporting projects’ procurements,










—


engaging and coordinating with other international organisations and programmes,










—


carrying out quality assurance and quality control of the approved projects’ deliverables,










—


Supporting the Ukrainian authorities in developing new national measures to strengthen capacities and collective efforts in preventing and combating illicit trafficking of WAE.




5.   Gender
In order to increase the effectiveness of WAE control policies and to ensure that their implementation improves security for both women and men, the gender perspective will be integrated into the actions supported by this decision and addressed through technical advice and expertise, development of knowledge products and training.
6.   Beneficiaries
The direct beneficiaries of the action will be the national authorities of Ukraine responsible for preventing and combatting illicit trafficking in WAE. Primarily targeted national authorities are: MIA, including its expert and licensing services, NPU, SBGS and SFS/SCS. Other mandated national authorities — such as Security Service of Ukraine — will be engaged on case by case basis.
The indirect beneficiaries of the action will be the populations in Ukraine and its European neighbourhood that are at risk by the use of illicit WAE in criminal activities, terrorism and violent misuse.
The EU and its Member States will also be indirect beneficiaries of the project as they will benefit from the feedback of the Ukrainian authorities on the identified trafficking routes of illicit weapons,
7.   Union visibility
OSCE shall take all appropriate measures to publicise the fact that the action has been funded by the Union. Such measures will be carried out in accordance with the Commission’s Communication and Visibility Manual for European Union External Actions. OSCE will thus ensure the visibility of the Union’s contribution with appropriate branding and publicity, highlighting the role of the Union, ensuring the transparency of its actions and raising awareness of the reasons for the Decision as well as Union support for the Decision and the results of this support. Material produced by the project will prominently display the European Union flag in accordance with Union guidelines for the accurate use and reproduction of the flag.
Given that planned activities vary greatly in scope and character, a range of promotional tools will be used, including: traditional media; websites; social media; and informational and promotional materials including infographics, leaflets, newsletters, press releases and others, as appropriate. Publications, public events, campaigns, equipment and construction works procured under the project will be branded accordingly. To further amplify the impact by raising awareness among various national governments and the public, the international community and local and international media, each of the project target groups will be addressed using the appropriate language.
8.   Duration
Based on the experience of implementing Decision (CFSP) 2017/1424, and taking into consideration the broad scope of the action, the number of beneficiaries and the number and the complexity of planned activities, the timeframe for implementation is 36 months.
9.   Technical implementing entity
The technical implementation of this Decision will be entrusted to the OSCE Secretariat-Conflict Prevention Centre (CPC) and the OSCE PCU. The OSCE will implement the activities under this Decision in coordination and cooperation with other international organisations and agencies, in particular with a view to ensuring effective synergies and avoiding duplications of activities.
10.   Steering Committee
The Steering Committee for this project will be composed of representatives of the High Representative, of the EU Delegation in Kiev and of the implementing entity referred to in paragraph 6 of this Annex. The implementing entity, thereby helped by the Steering Committee will ensure that the implementation of the project happens in coordination with the EU’s other related assistance to Ukraine, such as the Integrated Border Management Strategy (supported by the Commission’s European Neighbourhood Instrument), the regional cooperation with the Western Balkans in the field of SALW-control implemented by UNDP/SEESAC (supported by Council Decisions (CFSP) 2018/1788 (1) and (CFSP) 2016/2356 (2)), the EU-UA law enforcement cooperation in the field of firearms trafficking (supported by the Commission’s DG HOME, Europol and EMPACT firearms), the work of Conflict Armament Research in Ukraine (supported by Council Decision (CFSP) 2017/2283 (3)), the EU’s Common Security and Defence Policy missions EUAM Ukraine and EUBAM Moldova and Ukraine and their support activities for border control, and the International Organisation on Migration’s (IOM) work on Disarmament, Demobilisation and Reintegration of ex-fighters (supported by the Commission’s Instrument contributing to Stability and Peace). The Steering Committee will on a regular basis invite representatives of the Ukrainian governmental partners. The Steering Committee can also invite representatives of entities involved in projects in Ukraine that have a similar or related objective. The Steering Committee will review the implementation of this Decision regularly, at least once every 6 months, including by the use of electronic means of communication.
11.   Reporting
Reporting, narrative as well as financial, shall cover the whole of the action described in the relevant contribution-specific agreement and its attached budget, regardless of whether this action is wholly financed or co-financed by the Council Decision.


(1)  Council Decision (CFSP) 2018/1788 of 19 November 2018 in support of the South-Eastern and Eastern Europe Clearinghouse for the Control of Small Arms and Light Weapons (SEESAC) for the implementation of the Regional Roadmap on combating illicit arms trafficking in the Western Balkans (OJ L 293, 20.11.2018, p. 11).

(2)  Council Decision (CFSP) 2016/2356 of 19 December 2016 in support of SEESAC disarmament and arms control activities in South-East Europe in the framework of the EU Strategy to combat illicit accumulation and trafficking of SALW and their ammunition (OJ L 348, 21.12.2016, p. 60).

(3)  Council Decision (CFSP) 2017/2283 of 11 December 2017 in support of a global reporting mechanism on illicit small arms and light weapons and other illicit conventional weapons and ammunition to reduce the risk of their illicit trade (‘iTrace III’) (OJ L 328, 12.12.2017, p. 20).