title: Council Decision 2014/912/CFSP of 15 December 2014 in support of physical security and stockpile management (PSSM) activities to reduce the risk of illicit trade in small arms and light weapons (SALW) and their ammunition in the Sahel region

text:
               17.12.2014

               EN

               Official Journal of the European Union

               L 360/30

         COUNCIL DECISION 2014/912/CFSP
   of 15 December 2014
   in support of physical security and stockpile management (PSSM) activities to reduce the risk of illicit trade in small arms and light weapons (SALW) and their ammunition in the Sahel region
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 26(2) 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 15 and 16 December 2005, the European Council adopted the EU Strategy to combat the illicit accumulation and trafficking of SALW and their ammunition. In that Strategy, the European Council acknowledges that the abundance of stocks of SALW and ammunition makes such arms easily obtainable by civilians, criminals, terrorists and combatants alike and stresses the need to pursue preventive action to tackle the illegal supply of conventional weapons and their demand. It also singles out Africa as the continent most affected by the impact of internal conflicts aggravated by the destabilising influx of SALW.

               (2)

               On 21 March 2011, the Council endorsed the European Union Strategy for Security and Development in the Sahel, which provides an integrated framework for Union engagement in the Sahel region. One of the four strands of actions of the Strategy aims at strengthening the capacities of the security, law enforcement and the rule of law sectors in this region to fight threats and handle terrorism and organised crime in a more efficient and specialised manner and link them to measures of good governance.

               (3)

               On 14 June 2006 in Abuja, Nigeria, the Member States of the Economic Community of West African States (ECOWAS) adopted the ECOWAS Convention on Small Arms and Light Weapons, Their Ammunition and Other Related Materials, which entered into force on 29 September 2009. On 30 April 2010 in Kinshasa, Democratic Republic of the Congo, the Member States of the Economic Community of Central African States (ECCAS) and the Republic of Rwanda adopted a Central African Convention for the Control of Small Arms and Light Weapons, their Ammunition, Parts and Components that can be used for their Manufacture, Repair or Assembly. In both Conventions, signatory States have undertaken, inter alia, to take the necessary measures to ensure the safe and effective management, storage and security of their national stocks of SALW, in accordance with the appropriate standards and procedures.

               (4)

               Burkina Faso, Mali and Nigeria have ratified the Arms Trade Treaty, as have 23 Member States, while Chad, Mauritania, and Niger have signed it. Article 16(1) of the Arms Trade Treaty provides that, in implementing the Treaty, each State Party may seek assistance including legal or legislative assistance, institutional capacity-building, and technical, material or financial assistance. Such assistance may include stockpile management, disarmament, demobilisation and reintegration programmes, model legislation, and effective practices for implementation. Each State Party in a position to do so shall provide such assistance, upon request.

               (5)

               Burkina Faso, Mali, Mauritania and Nigeria are States Parties to the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime (the ‘Firearms Protocol’).

               (6)

               All UN Member States are committed to the effective implementation of the UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (‘UN Programme of Action’), as well as of the International Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons.

               (7)

               At the Fifth Biennial Meeting of States to Consider the Implementation of the UN Programme of Action (New York, 16-20 June 2014), all UN Member States reiterated that proper management of SALW stockpiles, in particular in conflict and post-conflict situations, is essential to prevent accidents and reduce the risk of diversion to the illicit trade, illegal armed groups, terrorists, and other unauthorised recipients. UN Member States called for strengthened international and regional cooperation and assistance on stockpile management and physical security issues, and undertook to take advantage, where feasible, of technological advances to strengthen stockpile management, including physical security measures.

               (8)

               The popular uprising in Libya in February 2011 and the ensuing armed conflict, and the political and security crises in Mali in 2012 have illustrated how non-State actors, including terrorists, can take advantage of improperly secured and managed government-owned stockpiles to divert SALW and ammunition, to the detriment of peace and security. In a context of increased activity by non-State actors in the Sahel region, including in northern Nigeria, the improvement of weapons and ammunition security in Sahel States has become a priority.

               (9)

               The United Nations Regional Centre for Peace and Disarmament in Africa (UNREC), which is part of the United Nations Office for Disarmament Affairs (UNODA), has a long experience of lending support to Sahel States and civil society in their implementation of international and regional instruments on SALW control, in line with its mandate received from the UN General Assembly (Resolution 40/151 G, 16 December 1985).

               (10)

               Since 2013, the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA), through the United Nations Mine Action Service (UNMAS), has been assisting the Malian authorities in mine action and weapons and ammunition management, in line with UN Security Council Resolutions 2100(2013) and 2164(2014).

               (11)

               The non-governmental organisation Mine Advisory Group (MAG) has recently started a regional project addressing urgent conventional weapons and ammunition security and management issues in target countries within the Sahel-Maghreb region.

               (12)

               Under Council Decision 2011/428/CFSP (1), the Union has financed, inter alia, the provision of marking equipment to law enforcement agencies in several West African States, as well as training on the International Tracing Instrument and on the International Ammunition Technical Guidelines.

               (13)

               Under Council Decision 2013/320/CFSP (2), the Union is supporting measures aimed at ensuring the sound physical security and stockpile management (PSSM) of the Libyan weapons arsenals, in order to reduce the risks posed by the illicit spread of SALW and ammunition for the security of Libya and of its neighbouring countries, including in the Sahel.

               (14)

               Under Council Decision 2013/698/CFSP (3), the Union is supporting the establishment of a global reporting mechanism on illicit SALW and other conventional weapons and ammunition (‘iTrace’), based in particular on in-field research into SALW and ammunition circulating in conflict-affected areas, including in Africa.

               (15)

               Under its Common Security and Defence Policy, the Union has launched three actions in the Sahel region, namely, first, EUCAP Sahel Niger, which started on 8 August 2012, to support the fight against organised crime and terrorism in Niger; second, the European Union Training Mission in Mali, which started on 18 February 2013, to contribute to the restructuring and the reorganisation of the Malian Armed Forces though training and advice; and, third, EUCAP Sahel Mali, which was launched on 15 April 2014, to provide strategic advice and training for the internal security forces in Mali.

               (16)

               Under the Instrument contributing to Stability and Peace, since 2011 the Union has been supporting the UN Office on Drugs and Crime in its efforts to promote the ratification and implementation of the Firearms Protocol, in particular, in West Africa. Under that Instrument, since 2010 the Union has been providing financial support to the Regional Centre on Small Arms (RECSA) in the Great Lakes Region, the Horn of Africa and Bordering States based in Nairobi,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The Union shall contribute to the security and stability in the Sahel region by assisting States of this region to prevent the diversion of, and the illicit trafficking in, government-owned SALW and ammunition by improving their physical security and stockpile management (‘PSSM’).
   2.   The activities to be supported by the Union shall have the following specific objectives:

               (a)

               to generate the necessary political buy-in for the enhancement of PSSM procedures and promote regional cooperation and knowledge sharing;

               (b)

               to support target countries in the development of up-to-date legislation, administrative procedures and practical standard operating procedures (SOPs) as the foundation of enhanced PSSM, in line with international best practice standards;

               (c)

               to directly support the implementation of stockpile management and security activities, including through rehabilitation of storage facilities, destruction of surplus, obsolete or illicit SALW and the piloting of new technologies.

         A detailed description of these activities is set out in the Annex.
   Article 2
   1.   The High Representative of the Union for Foreign Affairs and Security Policy (‘High Representative’) shall be responsible for the implementation of this Decision.
   2.   The technical implementation of the activities referred to in Article 1(2) shall be carried out by UNODA through UNREC. UNODA shall perform these tasks under the responsibility of the High Representative. For this purpose, the High Representative shall enter into the necessary arrangements with UNODA.
   Article 3
   1.   The financial reference amount for the implementation of the activities referred to in Article 1(2) shall be EUR 3 561 257,06. The total estimated budget of the overall project shall be EUR 4 129 393,06, which shall be provided through co-financing.
   2.   The expenditure financed by the amount set out in paragraph 1 shall be managed in accordance with Union procedures and rules applicable to the general Union budget.
   3.   The Commission shall supervise the proper implementation of the Union contribution referred to in paragraph 1. For this purpose, it shall conclude a financing agreement with UNODA. The agreement shall stipulate that UNODA is to ensure that the visibility of the Union contribution is appropriate to its size.
   4.   The Commission shall endeavour to conclude the financing agreement referred to in paragraph 3 as soon as possible after 15 December 2014. It shall inform the Council and the High Representative of any difficulties in the process and of the date of conclusion of the financing agreement, within two weeks of signature.
   Article 4
   1.   The High Representative shall report to the Council on the implementation of this Decision on the basis of regular reports to be prepared by UNODA. These reports shall form the basis for the evaluation by the Council.
   2.   The Commission shall provide information on the financial aspects of the implementation of the activities referred to in Article 1(2).
   Article 5
   1.   This Decision shall enter into force on the day of its adoption.
   2.   This Decision shall expire 42 months after the conclusion of the relevant financing agreement referred to in Article 3(3), or six months after the date of its adoption if no financing agreement has been concluded within this period.

      Done at Brussels, 15 December 2014.

            For the Council

            The President

         F. MOGHERINI

      (1)  Council Decision 2011/428/CFSP of 18 July 2011 in support of United Nations Office for Disarmament Affairs activities to implement the United Nations Programme of Actions to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (OJ L 188, 19.7.2011, p. 37).

      (2)  Council Decision 2013/320/CFSP of 24 June 2013 in support of physical security and stockpile management activities to reduce the risk of illicit trade in small arms and light weapons (SALW) and their ammunition in Libya and its region (OJ L 173, 26.6.2013, p. 54).

      (3)  Council Decision 2013/698/CFSP of 25 November 2013 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 (OJ L 320, 30.11.2013, p. 34).

      ANNEX
      Physical security and stockpile management (PSSM) activities to reduce the risk of illicit trade in small arms and light weapons (SALW) and their ammunition in the Sahel region
      1.   Background and rationale for CFSP support
      1.1.   Background
      The lack of effective PSSM, in accordance with international standards, in existing conventional arms and ammunition depots in the Sahel has been recognised as posing a serious challenge to peace and security in the region and beyond. In the recent past, government-owned stockpiles in Libya and Mali have been looted by armed non-State actors, including terrorist groups. There is a concrete risk that a similar situation may occur in parts of Burkina Faso, Chad, Mauritania, Niger and Nigeria, as armed groups and terrorist groups operate across borders and are involved in the illicit trade in SALW. Inadequate PSSM of weapons and ammunition increases the risk of diversion — including through theft and attack — to the illicit market as well as unplanned explosions at munitions sites. This could lead to a destabilising accumulation of and trafficking in SALW, affecting national, regional and international peace and security.
      This threat is also recognised in the United Nations Integrated Strategy for the Sahel, which deems it necessary to minimise the risk of the diversion of SALW to non-State actors, by increasing the security of existing stockpiles and, if necessary, relocating them, as well as destroying surplus or illicit SALW and ammunition. This can be done by effectively implementing the UN Programme of Action on the Illicit Trade in SALW and the International Tracing Instrument using the International Small Arms Control Standards (ISACS) as well as the International Ammunition Technical Guidelines (IATG), developed in the framework of the United Nations.
      1.2.   Rationale
      Within its mandate under UN General Assembly Resolution 40/151 G, the United Nations Regional Centre for Peace and Disarmament in Africa (UNREC), as the African regional presence of the United Nations Office for Disarmament Affairs (UNODA), is in a unique position to assist and strengthen the capacity and capability of Sahel States in effectively utilising these standards and best practices, and thereby controlling their SALW and ammunition stockpiles to prevent the destabilising effect of SALW accumulation and their illicit trade in the subregion and further beyond.
      UNREC proposes to implement the project in cooperation with the United Nations Mine Action Service (UNMAS) and the non-governmental organisation Mines Advisory Group (MAG) and in coordination with relevant regional and subregional organisations, such as ECOWAS and ECCAS, as well as non-governmental organisations. UNMAS is conducting activities in support of United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA), as one of its integrated components within the framework of UN Security Council Resolution 2100(2013) and with the UN Country Team in Mali. MAG is currently undertaking a regional project addressing conventional weapons and ammunition security and management in target countries within the Sahel-Maghreb region. Findings from these activities will be used to inform planning and implementation of the project. Synergies will offer the possibility of greater overall impact. The project will further benefit from UNODA in-house expertise at UN headquarters and in the region, as well as from further expertise available in the UN System.
      These activities will build upon, complement, and capitalise on synergies with projects which UNREC and other bilateral partners, UN agencies, subregional organisations and non-governmental organisations are already implementing in the region, including: a project to support the re-operationalisation of the Mali National Commission on SALW and to develop a National Action Plan on SALW; Decision 2011/428/CFSP pursuant to which, inter alia, marking machines are provided to Burkina Faso and Niger; the ongoing project ‘The Fight Against the Illicit Accumulation and Trafficking of Firearms in Africa’, which is funded by the European Commission under the Instrument contributing to Stability and Peace, and during the project's first phase (2010-2013), inter alia, marking activities were undertaken, and electronic marking machines were provided coupled with the installation of customised software for recordkeeping in Eastern African countries, while the ongoing phase (2013-2016) provides for similar activities in other countries (indicatively: Burundi, Cameroon, Chad, Côte d'Ivoire, Equatorial Guinea, Gabon, Ghana, Liberia, Mali, Rwanda, Somalia, South Sudan, Togo, Uganda); a trans-regional project implemented by the UN Office on Drugs and Crime in inter alia West Africa (i.e. Benin, Burkina Faso, Gambia, Ghana, Mali, Mauritania, Senegal, Togo), also financed by the Union's Instrument contributing to Stability and Peace, which aims to promote the ratification and implementation of the UN Convention against Transnational Organized Crime and the Firearm Protocol thereto, primarily through support for legislative review and reform; arms management related training activities undertaken by the EU Common Security and Defence Policy mission EUCAP Sahel Niger; as well as a NATO project in Mauritania implemented by the NATO Support Agency (NSPA).
      Moreover, the PSSM activities under this project should take into account and support, where pertinent, broader security programmes implemented in the beneficiary countries, such as Disarmament, Demobilisation and Reintegration (DDR) as well as Security Sector Reform (SSR) processes. The review of legislation and administrative frameworks of PSSM and the further recommendations for them to meet international standards on arms control, as well as the development of national standard operating procedures on PSSM, will contribute to SSR efforts in each country and in the subregion. Activities under the project can also support, where appropriate, DDR efforts — specifically those linked to practical disarmament — as the development of national SOPs on arms control can be integrated into DDR processes, for example by setting norms for the marking and registration or destruction of recovered weapons. Existing practices, promoted also through other relevant EU-funded projects, should be used to ensure harmonised processes.
      With the implementation of international best practice standards in arms control, this project will assist States in developing independent civilian oversight of national PSSM activities. The need for civilian oversight will be streamlined in the different activities of the project, particularly in consultations and workshops.
      2.   Overall objectives
      The Action described in this point will contribute to the security and stability in the Sahel and to assist the six States of the Sahel region (Burkina Faso, Chad, Mali, Mauritania, Niger and Nigeria) to prevent the diversion of, and the illicit trafficking in, government-owned SALW and ammunition by improving their PSSM.
      Specifically, the Action will aim to:

                  (a)

                  generate the necessary political buy-in for the enhancement of PSSM procedures and promote regional cooperation and knowledge sharing;

                  (b)

                  support target countries in the development of up-to-date legislation, administrative procedures and practical SOPs as the foundation of enhanced PSSM in line with international best practice standards;

                  (c)

                  directly support the implementation of stockpile management activities, including through rehabilitation of storage facilities, destruction of surplus, obsolete or illicit SALW and the piloting of new technologies.

            3.   Outcomes
      The Action will have the following results:

                  (a)

                  adequate legislative and administrative norms on PSSM;

                  (b)

                  improved PSSM of SALW through the enhancement of storage sites;

                  (c)

                  reduced risk of diversion and accidental explosions of surplus, obsolete and illicit SALW and ammunition through destruction;

                  (d)

                  improved marking, tracing and record-keeping of SALW;

                  (e)

                  strengthened regional cooperation and information sharing;

                  (f)

                  identification of the possible use of new technologies in PSSM;

                  (g)

                  enhancing national capacity and ownership of PSSM in the beneficiary countries;

                  (h)

                  furthering the understanding of the contribution of PSSM to regional security;

                  (i)

                  contribution to reducing the risk of regional destabilisation, which may be caused by excessive accumulation of SALW and their ammunition or the diversion of SALW to non-State actors, including terrorist groups.

            4.   Description of the Action
      4.1.   Wilton Park conference on PSSM in the Sahel
      Objectives
      Provide an opportunity for experience-sharing and generate the necessary political buy-in for the activities to be conducted under the project.
      Description
      Organisation of a conference by Wilton Park and UNREC in order to discuss the impact of unsecured Libyan stockpiles on weapons-security in the Sahel, to develop strategies to prevent the diversion of, and the illicit trafficking in, government-owned SALW and ammunition by improving their PSSM. The conference will also offer the opportunity to take stock of the progress achieved in the field of PSSM in the Sahel region, in particular, in the context of international assistance, to discuss the actual needs of the countries, map the relevant ongoing actions, and identify the gaps that should be addressed. Moreover, it will be used to explore synergies with other EU-supported SALW control tools, including the ‘iTrace’ global monitoring mechanism (financed under Decision 2013/698/CFSP), in consultation with the recipient countries. Attendance will be by invitation only, and senior participation will be sought from the six States of the Sahel region (Burkina Faso, Chad, Mali, Mauritania, Niger and Nigeria), as well as Libya, other relevant neighbouring countries, ECOWAS, ECCAS and the African Union (AU).
      Outcome/implementation indicators
      Conference in Wilton Park to take place as scheduled with the participation of relevant stakeholders, including representatives from the six target countries (up to 40 participants).
      4.2.   Review of legislation and administrative procedures and consultations on PSSM
      4.2.1.   National consultations on PSSM procedures and for the identification of pilot sites
      Objectives

                  (a)

                  Gain a clear understanding of the legislative and administrative framework on PSSM per country and in the region.

                  (b)

                  In those countries without an updated regulatory framework, make recommendations on legislation and procedures to meet international requirements as outlined in legally binding international instruments (e.g. the UN Firearms Protocol, the ECOWAS Convention on SALW (1) and the Kinshasa Convention on SALW (2)), the UN Programme of Action on the Illicit Trade in SALW, the International Tracing Instrument, IATG and ISACS, and other relevant standards and instruments.

                  (c)

                  Identify priority storage facilities that would serve as pilot sites, in accordance with their national priorities, and, where appropriate, taking into account available information about patterns of diversion and trafficking.

            Description
      Working with the national authorities in the six States of the Sahel region, namely, Burkina Faso, Chad, Mali, Mauritania, Niger and Nigeria, UNREC will conduct an assessment of all existing PSSM-related legislation, as well as administrative and standard operating procedures, making full use of already available assessments and liaising with ongoing regional and bilateral projects supporting legislative reforms in SALW, to avoid duplication and overlap.
      UNREC legal experts will provide support to the relevant line ministries, legislators and senior law enforcement and defence officials in the review of national legislation and administrative procedures, to ensure that international legal obligations and international technical standards, especially the ISACS and IATG, are incorporated into the national regulatory framework.
      Support in this area should be provided upon request of the countries and focus primarily on the approximation to international standards on PSSM, taking into account other ongoing initiatives providing assistance or advice on wider arms control or security sector issues.
      UNREC will organise national workshops with senior representatives of national defence, law enforcement and other civilian authorities concerned with SALW security. Participants will jointly discuss the findings and recommendations of the assessment and agree on the different measures to take, and identify recommendations that can be fulfilled through legislative changes or administrative decrees.
      During the national consultations, priority storage facilities to serve as pilot sites will be identified. These could include one in each of the capitals, one in a major provincial hub, one in a rural area and/or one in a border area (land border, port or airport), as well as major transportation routes for government-owned SALW and ammunition. When possible and appropriate, the choice of priority storage facilities should take into account available information about patterns of diversion and trafficking, so as to prioritise stockpiles which have been identified as contributing to the region's instability.
      UNREC will produce one final assessment report per country setting out the recommendations on legislation and procedures required to meet international requirements. These reports will include the feedback from national authorities and other stakeholders from the six target countries.
      Outcome/implementation indicators

                  (a)

                  Per-country reports (six in total) on the existing legislative and administrative framework on PSSM, including recommendations to close gaps with international disarmament instruments.

                  (b)

                  Six national workshops, one in each targeted country, take place.

                  (c)

                  Up to 18 storage facilities (three per country) to serve as pilot sites are identified.

            4.2.2.   Regional consultations on PSSM procedures
      Objectives

                  (a)

                  Facilitate exchange of information and experience at the regional level on PSSM procedures, based on the national assessments conducted under point 4.2.1.

                  (b)

                  Promote among national and regional stakeholders the use of ISACS and IATG.

            Description
      Regional consultations with the participation of senior representatives from the six governments will be carried out, with a view to exchanging information on the national findings and sharing experience and best practices, on the basis of the assessment at the national level (point 4.2.1). Representatives from the relevant regional and subregional organisations (AU, ECOWAS, ECCAS, RECSA), UN Agencies participating in the Coordinating Action on Small Arms (CASA) mechanism, relevant experts from the Union and from its Member States (including from Common Security and Defence Policy missions) as well as senior experts from outside the region will also be invited to share their experience.
      UNREC will produce a report covering the findings of the regional consultative workshop.
      Outcome/implementation indicators

                  (a)

                  One regional consultation on PSSM procedures takes place.

                  (b)

                  Report on regional consultative workshop.

            4.3.   Physical security and stockpile management (PSSM)
      4.3.1.   Assessment of PSSM at national conventional arms depots and SALW and ammunition transportation
      Objectives

                  (a)

                  Conduct detailed and practical assessments of the selected sample facilities to identify current practices, physical security and surplus, obsolete or illicit weapons and ammunition.

                  (b)

                  Transfer practical knowledge skills on PSSM procedures according to international best practice standards.

            Description
      Based on the findings of the national consultative workshops, and under the coordination of UNREC, UNMAS experts and MAG experts will conduct detailed and practical assessments of the selected sample facilities to identify current practices and issues, using ISACS and IATG as the basis. In these pilot sites, experts will also verify current national practices in light of the existing national legislation and procedures and suggest their review as necessary.
      UNMAS and MAG experts will work in countries where they have ongoing operations. UNMAS will work in Mali under the framework of its current operation and mandate in the country; and MAG will work in Burkina Faso, Chad, Mauritania, Niger and Nigeria. Operations will take place in cooperation with the National Commissions on SALW. The activity will include an assessment of the suitability of infrastructure and physical security, conditions of SALW and ammunition stockpiles, current practices on their transportation, and, with the support of and in agreement with national authorities, the identification of surplus, obsolete or illicit conventional weapons and ammunition contained in the depots. Furthermore, an assessment of the qualification and capacity of personnel at the depots will be conducted to identify possible training needs. In conducting these assessments, use will be made of the ISACS Assessment Tool and the MAG Armoury Risk Assessment tool. At the request of the beneficiary State concerned, ad hoc trainings on PSSM can be conducted at the selected sample facilities to respond to urgent needs.
      The security situation is diverse within the targeted countries. The level of ongoing activities on PSSM varies in each country depending on the national resources they have available, and the support they receive from international donors and partners. In order to benefit from ongoing efforts and identify best practices, the PSSM component of the project will begin in two countries and then will be further extended, in phases, to the remaining ones.
      Outcome/implementation indicators

                  (a)

                  Up to 18 storages sites in the six target countries (three per country) are visited and assessed.

                  (b)

                  Up to 18 training sessions (three per country) on PSSM best standards are organised at sample facilities for countries that request capacity building on the subject of PSSM.

            4.3.2.   Rehabilitation of the sample facilities and marking of SALW
      Objectives

                  (a)

                  Rehabilitate pilot storage facilities to bring them to ISACS and IATG standards and guidelines, and decrease the risk of diversion of arms and ammunition.

                  (b)

                  Provide, where required, immediate low-cost high-impact intervention to secure pilot storage facilities (e.g. fitting doors, locks, etc.)

                  (c)

                  Promote marking and registration of weapons on the basis of best practices and also building upon capacities built through past and ongoing assistance programmes to avoid duplication.

                  (d)

                  Assist in the development or improvement of national central arms databases using existing software developed by UNREC and in accordance with international best practice standards, as set out in relevant international disarmament instruments, and in consultation with relevant actors assisting the countries in the region to this end, for example the UN Office on Drugs and Crime (UNODC) and RECSA.

            Description
      In coordination with UNREC, UNMAS experts and MAG experts will carry out immediate interventions where required. After this initial Action, the assessed depots (armouries and ammunition depots) will be rehabilitated in accordance with ISACS and IATG, in order to secure government-owned stockpiles from diversion, theft and attacks. The plans and documents prepared for the rehabilitation will be developed as model documentation for the rehabilitation and construction of other armouries and ammunition depots. The extent of the intervention and considerations for rehabilitation or construction in each pilot site will be based on the results of the assessment.
      UNREC will work with national authorities so that SALW that are stocked in the depots are marked and registered in accordance with ISACS, using existing capacities in the subregion. UNREC will also develop an accurate and comprehensive system for the management of weapons and ammunition storage depots, which responds to the needs of the countries concerned, takes into account existing systems and avoids duplication of ongoing efforts. This activity will allow for a reliable assessment of conventional weapons and ammunition types, their registration and transparency, taking into account the existing information technology infrastructure, ensuring compatibility with INTERPOL's iARMS and allowing for interoperability between the countries. This will facilitate cross-border cooperation in arms tracing and preventing the illicit trade of SALW.
      The SALW marking, registration and stockpile management will build on recent and current SALW marking activities in the subregion funded under Decision 2011/428/CFSP and through the EU's Instrument contributing to Stability and Peace. It will benefit from UNREC experience in conducting similar activities in post-conflict countries in the subregion.
      Outcome/implementation indicators

                  (a)

                  Up to 18 pilot sites are compliant with international best practice standards on PSSM.

                  (b)

                  Unmarked weapons in the pilot storage sites are marked and registered.

                  (c)

                  A database is developed (or improved) for each country in order to register marked and other weapons.

            4.3.3.   Destruction of surplus ammunition and SALW
      Objectives
      Contribute to the destruction of surplus, obsolete or illicit weapons in the country.
      Description
      Under UNREC coordination, SALW and ammunition that have been identified as surplus, obsolete or illicit at the assessed depots will be destroyed by the competent national authorities with the technical assistance of UNMAS and MAG (in the countries where they operate) in accordance with ISACS 05.50 and IATG 10.10. The equipment to be provided for destruction and the amount of weapons to be destroyed will depend on the findings of the assessment.
      Outcome/implementation indicators

                  (a)

                  Destruction of identified weapons.

                  (b)

                  Practical know-how on destruction techniques is imparted to national authorities in targeted countries.

            4.3.4.   Piloting of new technologies
      Objectives
      Assess the potential use of new technologies to secure SALW that meet the needs of the region.
      Description
      Limited PSSM infrastructure leaves countries extremely vulnerable to diversion of SALW when these are stored in small armouries in remote locations, including in volatile border regions, and during transfer. In the case of robbery, theft or looting that diverts the weapon to a non-State actor, a weapon becomes accessible and available to misuse, if it is not individually secured.
      New mobile and flexible technologies may offer solutions to effectively secure SALW in instances when the risk of diversion is at the highest. The technology could offer appropriate cost effective solutions for Member States that are lacking a large weapons security infrastructure.
      Electronics could add a layer of additional security and safety for small arms. A system that secures the individual weapon at the point of collection from a secure armoury, keeps it secured during transport and temporary storage until it reaches its final secure destination, could significantly reduce the risk of diversion of weapons in cases of robbery, theft or looting. Electronic systems locking or deactivating the individual weapon during transfer and temporary storage could use locks with digital, radio-frequency or biometric codes, which would improve PSSM at the most vulnerable points. Digital keys would not be available during transport, as they could be transmitted via other means of communication, such as e-mails or SMS messages, to authorised persons. These protection means would disable unauthorised personnel to use weapons diverted into illegal market as a result of theft, robbery or looting.
      UNREC will carry out an assessment of the potential of new technologies to secure SALW that meet the needs of the region through consultation with regional organisations and National Commissions on SALW and in cooperation with industry. Experience from neighbouring countries of the subregion on the use of smart technology to secure weapons during the DDR process will also be taken into account, for example the case study of Côte d'Ivoire.
      The assessment will also identify facilities and transportation routes in Burkina Faso and Chad where such technology can be piloted. Such conventional weapons and ammunition stockpiling and weapons security technology (including for transport) will be introduced in up to four depots.
      The findings of the assessment and the pilot activity will be the base for a guidance document outlining a long-term roadmap for the possible use of such new technologies in Africa and will be shared with all States in the Sahel region, with regional and subregional organisations and at international technical conferences and meetings.
      Outcome/implementation indicators

                  (a)

                  report on the assessment of the use of new technologies, which includes the identification of technologies to be piloted, and of four pilot sites and transportation routes in Burkina Faso and Chad.

                  (b)

                  pilot new technologies in four sites, two in Burkina Faso and two in Chad, and on transportation routes.

                  (c)

                  report on the results of pilot activities.

            4.4.   Setting national standards in accordance with IATG and ISACS
      Objectives

                  (a)

                  Improve arms and ammunition management.

                  (b)

                  Provide and validate national SOPs on PSSM that are compliant with international best practice standards, therefore raising security and safety of conventional weapons and ammunition stockpiles.

            Description
      Based on the findings of the assessments and consultations (see point 4.2), as well as on the experience gained during the practical assessment and rehabilitation work (see point 4.3), UNREC will support the beneficiary countries to further review and, if need be, develop national manuals, guidelines and SOPs for PSSM (PSSM SOPs) so that they are compliant with ISACS, IATG and regional and subregional legislation. PSSM SOPs will also cover reporting obligations under international instruments.
      In every country, UNREC will organise validation workshops for the SOPs — one at the senior technical level and one at the senior policy level — before the SOPs are rolled out nationally. The programme for the workshops will include an evaluation component to assess the different activities that would have already taken place in each country. As part of the roll-out procedure, training of trainers workshops introducing the new SOPs will be conducted in every one of the countries concerned by UNREC and by the implementing parties.
      Outcome/implementation indicators

                  (a)

                  PSSM SOPs are developed for targeted countries.

                  (b)

                  Technical level and senior policy level workshops are carried out in the six target countries.

                  (c)

                  One training of trainers workshops on the SOPs will be conducted in each country, each of up to 35 participants.

            4.5.   Evaluation and way forward
      4.5.1.   Regional evaluation
      Objectives

                  (a)

                  Analyse the impact or potential impact after project implementation.

                  (b)

                  Evaluate all the measures taken under the project; identify good practices, shortcomings and areas of future activities.

            Description
      For the duration of the project period, UNREC will conduct regular follow-up visits to the facilities. Those visits will allow it to assess the use and the practice over time, and allow experts to continuously engage with senior personnel.
      The findings of the national evaluations will be discussed at a regional meeting, with the participation of representatives of the six States of the Sahel region, donors, CASA agencies, the relevant regional organisations (AU, ECOWAS, ECCAS, RECSA), the relevant experts from the Union and its Member States (including from Common Security and Defence Policy missions) and civil society. Areas in which best practices can be exchanged among countries of the Sahel region, including initiatives to improve civilian oversight, will be identified and ways ahead for future cross-border cooperation on PSSM will be outlined.
      Outcome/implementation indicators

                  (a)

                  Country visits and missions by project staff under other activities include evaluation and monitoring components.

                  (b)

                  Follow-up missions take place every six months.

                  (c)

                  A regional meeting on the outcomes of the project takes place.

            4.5.2.   Final report
      Objectives

                  (a)

                  Analyse the impact or potential impact after project implementation and integrating feedback from stakeholders and national authorities.

                  (b)

                  Evaluate all the measures taken under the project; identify good practices, shortcomings and areas of future activities.

            Description
      UNREC will prepare a final report, which will include an executive summary, a compilation of the findings of the national and regional workshops, national legislation, administrative procedures and SOPs, as well as the findings of the pilot activity on new technology for weapons and stockpile management. It will also include the model plans and documents for the rehabilitation of armouries and ammunition depots.
      Outcome/implementation indicators
      Final report is drafted and disseminated.
      5.   Duration
      The total estimated duration of the implementation of the projects will be 36 months.
      6.   Beneficiaries
      The direct beneficiaries of the project are the national institutions responsible for SALW control and PSSM in Burkina Faso, Chad, Mali, Mauritania, Niger and Nigeria, such as the Ministries of Defence and of Security, as well as the National Commissions (or Committees) on SALW.
      Indirect beneficiaries include the civilian population of the six States of the Sahel region, neighbouring States and their population, the AU, African subregional organisations, as well as all States that will benefit from the lessons learned from this project.
      7.   Implementing entity
      The activities will be implemented by UNODA through its regional disarmament centre UNREC, in cooperation with:

                  (a)

                  National Focal Points and National Commissions on Small Arms and Light Weapons of Burkina Faso, Chad, Mali, Mauritania, Niger and Nigeria.

                  (b)

                  DPKO/UNMAS,

                  (c)

                  MAG,

                  (d)

                  ISACS Inter-Agency Support Unit,

                  (e)

                  Wilton Park.

            The ultimate responsibility regarding the implementation of this Action vis-à-vis the Commission shall lie with UNODA.
      8.   Partnerships and synergies
      During the implementation of the project, UNREC will organise meetings with the EU Delegations and the Member States Embassies located in the six States of the Sahel region and keep them regularly informed about the project's activities in each country. EU Delegations and Member States representatives will be informed in advance of project activities (for example workshops) and invited to participate. UNREC will also consult and cooperate, as appropriate, with the EU Common Security and Defence Policy missions EUCAP Sahel Niger and EUCAP Sahel Mali.
      In addition, UNREC will coordinate with other partners to avoid duplication of efforts and identify areas of collaboration and complementarity that support the project's objectives. Some of these partners include: AU, African regional organisations (including ECOWAS, ECCAS, RECSA), NATO, UN Country Teams, UNODC, the technical and financial partners engaged in the field of security, international NGOs (including Small Arms Survey, Handicap International, Parliamentary Forum on Small Arms and Light Weapons and Parliamentarians for Global Action), Multinational Small Arms and Ammunition Group (MSAG) and industry.
      Finally, UNREC and the other implementing partners will consult entities involved in the investigation of diversion and trafficking, among others by means of tracing and tracking of illicit SALW and ammunition in the Sahel region, including experts from UN Panels of Experts monitoring arms embargoes, arms experts attached to UN peace support operations, Small Arms Survey and Conflict Armament Research (‘iTrace’ global monitoring mechanism, supported under Decision 2013/698/CFSP). UNREC will also encourage the relevant authorities of the beneficiary countries to make use of the EU-funded INTERPOL Illicit Arms Records and tracing Management System (‘iARMS’).
      9.   Implementing agency: rationale of the choice
      UNODA plays a central role in the promotion of disarmament efforts in the area of conventional weapons, such as SALW. It plays a key role in promoting the effective implementation of multilaterally negotiated normative frameworks such as the UN Programme of Action on SALW and of the International Tracing Instrument, at the national, regional and global level. The Union seeks to continue fruitful cooperation with UNODA.
      UNREC, which is part of UNODA, has a long experience of lending support to Sahel States and civil society in their implementation of international and regional instruments on SALW control, in line with its mandate received from the UN General Assembly to provide, upon request, substantive support for initiatives and other efforts of Member States of the African region towards the realisation of measures of peace, arms limitations and disarmament in the region (Resolution 40/151 G, 16 December 1985). UNREC has already been in talks with the potential beneficiary countries to seek their agreement and has ongoing projects on arms control in three of the targeted countries. It is therefore uniquely placed to implement this Decision.
      10   EU Visibility
      UNREC will take all appropriate measures to publicise the fact that the Action has been funded by the European Union. Such measures will be carried out in accordance with the Communication and Visibility Manual for European Union External Actions laid down and published by the Commission, and any other guidelines agreed between the Commission and the UN.

         Indicative timeframe

         Overall duration: 36 months

                  Activity

                  Proposed timeframe

                              4.1

                              Wilton Park conference on PSSM in the Sahel

                  January — March 2015 (conference in February 2015)

                              4.2

                              Review of legislation and administrative procedures and consultations on PSSM

                  January — December 2015

                              4.2.1

                              National consultations on PSSM procedures and for the identification of pilot sites

                  January — September 2015

                              4.2.2

                              Regional consultations on PSSM procedures

                  October-December 2015

                              4.3

                              PSSM

                  July 2015 — June 2017

                              4.3.1

                              Assessment of PSSM at national conventional arms depots and SALW and ammunition transportation (assessment will begin in two countries)

                  July 2015 — June 2017

                              4.3.2

                              Rehabilitation of the sample facilities and marking of SALW

                  July 2015 — June 2017

                              4.3.3

                              Destruction of surplus ammunition and SALW

                  July 2015 — June 2017

                              4.3.4

                              Piloting of new technologies

                  January — June 2017

                              4.4

                              Setting national standards in accordance with IATG and ISACS

                  January — December 2017

                              4.5

                              Evaluation and way forward

                  July — December 2017

                              4.5.1

                              Regional evaluation

                  July — December 2017

                              4.5.2

                              Final report

                  October — December 2017

         (1)  Burkina Faso, Mali, Niger and Nigeria are States Parties to the ECOWAS Convention.

         (2)  Chad ratified the Kinshasa Convention on 8 August 2012.


title: 2004/733/CFSP:Political and Security Committee Decision BiH/2/2004 of 24 September 2004 on the appointment of an EU Operation Commander for the European Union military operation in Bosnia and Herzegovina

text:
               27.10.2004

               EN

               Official Journal of the European Union

               L 324/22

      POLITICAL AND SECURITY COMMITTEE DECISION BiH/2/2004
   of 24 September 2004
   on the appointment of an EU Operation Commander for the European Union military operation in Bosnia and Herzegovina
   (2004/733/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular Article 25(3) thereof,
   Having regard to the Council Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina (1), and in particular Article 6 thereof,
   Whereas:

               (1)

               Under Article 2 of Joint Action 2004/570/CFSP, Deputy Supreme Allied Commander for Europe (DSACEUR), Admiral Rainer FEIST, was appointed EU Operation Commander for the European Union military operation in Bosnia and Herzegovina.

               (2)

               NATO has decided to appoint General Sir John REITH as Deputy Supreme Allied Commander for Europe (DSACEUR) to replace Admiral Rainer FEIST. The assignment of General Sir John REITH will begin on 30 September 2004.

               (3)

               Under Article 6 of Joint Action 2004/570/CFSP the Council authorises the Political and Security Committee (PSC) to take further decisions on the appointment of the EU Operation Commander.

               (4)

               In conformity with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not participate in the elaboration and implementation of decisions and actions of the European Union which have defence implications.

               (5)

               The Copenhagen European Council adopted on 12 and 13 December 2002 a Declaration stating that the ‘Berlin plus’ arrangements and the implementation thereof will apply only to those EU Member States which are also either NATO members or parties to the ‘Partnership for Peace’, and which have consequently concluded bilateral security agreements with NATO,

         HAS DECIDED AS FOLLOWS:
   Article 1
   General Sir John REITH is hereby appointed EU Operation Commander for the European Union military operation in Bosnia and Herzegovina.
   Article 2
   This Decision shall enter into force on 30 September 2004.

      Done at Brussels, 24 September 2004.

            For the Political and Security Committee

            The Chairperson

         A. HAMER

      (1)  OJ L 252, 28.7.2004, p. 10.


Avis juridique important

|

31981D0210

81/210/EEC: Council Decision of 27 March 1981 appointing a full member of the Advisory Committee on Safety, Hygiene and Health Protection at Work

Official Journal L 100 , 11/04/1981 P. 0022 - 0022

****( 1 ) OJ NO L 185 , 9 . 7 . 1974 , P . 15 .    COUNCIL DECISION   OF 27 MARCH 1981   APPOINTING A FULL MEMBER OF THE ADVISORY COMMITTEE ON SAFETY , HYGIENE AND HEALTH PROTECTION AT WORK  ( 81/210/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO THE COUNCIL DECISION OF 27 JUNE 1974 ON THE SETTING UP OF AN ADVISORY COMMITTEE ON SAFETY , HYGIENE AND HEALTH PROTECTION AT WORK ( 1 ), AND IN PARTICULAR ARTICLE 4 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 23 NOVEMBER 1978 APPOINTING FULL MEMBERS AND ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON SAFETY , HYGIENE AND HEALTH PROTECTION AT WORK FOR THE PERIOD ENDING ON 22 NOVEMBER 1981 ,   WHEREAS ONE FULL MEMBER ' S SEAT IN THE GOVERNMENT REPRESENTATIVES '  CATEGORY OF THE AFOREMENTIONED COMMITTEE HAS FALLEN VACANT FOLLOWING THE RESIGNATION OF MR CASHELL , NOTIFIED TO THE COUNCIL ON 13 MARCH 1981 ;   HAVING REGARD TO THE CANDIDATE PROPOSED ON 13 MARCH 1981 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR PATRICK HAYDEN IS HEREBY APPOINTED FULL MEMBER OF THE ADVISORY COMMITTEE ON SAFETY , HYGIENE AND HEALTH PROTECTION AT WORK IN PLACE OF MR CASHELL FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , WHICH RUNS UNTIL 22 NOVEMBER 1981 .   DONE AT BRUSSELS , 27 MARCH 1981 .   FOR THE COUNCIL   THE PRESIDENT   G . BRAKS


title: 2012/425/EU: Council Decision of 10 July 2012 on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms

text:
               25.7.2012

               EN

               Official Journal of the European Union

               L 198/1

         COUNCIL DECISION
   of 10 July 2012
   on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
   (2012/425/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 165 and Article 192(1) in conjunction with Article 218(9) thereof,
   Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Protocol 31 to the Agreement on the European Economic Area (2) (the ‘EEA Agreement’) contains provisions and arrangements concerning cooperation in specific fields outside the four freedoms.

               (2)

               It is appropriate to extend the cooperation of the Contracting Parties to the EEA Agreement to include Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (3).

               (3)

               It is appropriate to extend the cooperation of the Contracting Parties to the EEA Agreement to the field of sport.

               (4)

               Regulation (EC) No 401/2009 repeals Council Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European environment information and observation network (4) which is incorporated into the EEA Agreement. The EEA Agreement should therefore be amended to take account of Regulation (EC) No 401/2009.

               (5)

               Protocol 31 to the EEA Agreement should therefore be amended accordingly.

               (6)

               The position of the Union in the EEA Joint Committee should be based on the attached draft Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken by the European Union in the EEA Joint Committee on the proposed amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms, shall be based on the draft Decision of the EEA Joint Committee attached to this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 10 July 2012.

            For the Council

            The President

         V. SHIARLY

      (1)  OJ L 305, 30.11.1994, p. 6.

      (2)  OJ L 1, 3.1.1994, p. 3.

      (3)  OJ L 126, 21.5.2009, p. 13.

      (4)  OJ L 120, 11.5.1990, p. 1.

      DRAFT
      DECISION No … OF THE EEA JOINT COMMITTEE
      of
      amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
      THE EEA JOINT COMMITTEE,
      Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as the ‘Agreement’, and in particular Articles 86 and 98 thereof,
      Whereas:

                  (1)

                  Protocol 31 to the Agreement was amended by Decision of the EEA Joint Committee No …/… of … (1).

                  (2)

                  It is appropriate to extend the cooperation of the Contracting Parties to the Agreement to include Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (2).

                  (3)

                  It is appropriate to extend the cooperation of the Contracting Parties to the Agreement to the field of sport.

                  (4)

                  Regulation (EC) No 401/2009 repeals Council Regulation (EEC) No 1210/90 (3) which is incorporated into the Agreement and which is consequently to be repealed under the Agreement.

                  (5)

                  Protocol 31 to the Agreement should therefore be amended in order to allow for this extended cooperation to take place,

            HAS ADOPTED THIS DECISION:
      Article 1
      Protocol 31 to the Agreement shall be amended as follows:

                  1.

                  Paragraph 2 of Article 3 of Protocol 31 to the Agreement shall be replaced by the following:

                              ‘2.

                                          (a)

                                          The EFTA States shall participate fully in the European Environment Agency, hereinafter referred to as the “Agency”, and the European Environment Information and observation network, as set up in Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (4).

                                          (b)

                                          The EFTA States shall contribute financially to the activities referred to under (a) in accordance with Article 82(1) and Protocol 32 of the Agreement.

                                          (c)

                                          The EFTA States shall, in consequence of (b), participate fully, without the right to vote, in the Agency Management Board and shall be associated with the work of the scientific committee of the Agency.

                                          (d)

                                          The term “Member State(s)” and other terms referring to their public entities contained in Articles 4 and 5 of the Regulation shall be understood to include, in addition to their meaning in the Regulation, the EFTA States and their public entities.

                                          (e)

                                          Environmental data supplied to or emanating from the Agency may be published and shall be made accessible to the public, provided that confidential information is afforded the same degree of protection in the EFTA States as it is afforded within the Union.

                                          (f)

                                          The Agency shall have legal personality. It shall enjoy in all the states of the Contracting Parties the most extensive legal capacity accorded to legal persons under their laws.

                                          (g)

                                          EFTA States shall apply to the Agency the Protocol of Privileges and Immunities of the European Union.

                                          (h)

                                          By way of derogation from Article 12(2)(a) of the Conditions of employment of other servants of the European Union, nationals of the EFTA States enjoying their full rights as citizens may be engaged under contract by the Executive Director of the Agency.

                                          (i)

                                          By virtue of Article 79(3), Part VII (Institutional Provisions) of the Agreement shall apply to this paragraph.

                                          (j)

                                          Regulation (EC) No 1049/2001 of the European Parliament and the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents shall, for the application of Regulation (EC) No 401/2009, apply to any documents of the Agency regarding the EFTA States as well.

                  2.

                  The heading of Article 4 (Education, training and youth) shall be replaced by the following:
                  ‘Education, training, youth and sport’.

            Article 2
      This Decision shall enter into force on the day following the last notification to the EEA Joint Committee under Article 103(1) of the Agreement (5).
      Article 3
      This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

         Done at Brussels,

               For the EEA Joint Committee

               The President

               The Secretaries to the EEA Joint Committee

         (1)  OJ L …

         (2)  OJ L 126, 21.5.2009, p. 13.

         (3)  OJ L 120, 11.5.1990, p. 1.

         (4)  OJ L 126, 21.5.2009, p. 13.’.

         (5)  [No constitutional requirements indicated.] [Constitutional requirements indicated.]


Avis juridique important

|

32003D0770

2003/770/EC: Council Decision of 20 October 2003 appointing a member of the Committee of the Regions

Official Journal L 278 , 29/10/2003 P. 0049 - 0049

Council Decisionof 20 October 2003appointing a member of the Committee of the Regions(2003/770/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the proposal from the Netherlands Government,Whereas:(1) On 22 January 2002 the Council adopted Decision 2002/60/EC appointing the members and alternate members of the Committee of the Regions(1).(2) The seat of a member of the Committee of the Regions has fallen vacant following the resignation of Mr H.F.M. EVERS, of which the Council was notified on 2 October 2003,HAS DECIDED AS FOLLOWS:Sole ArticleMs H.M.C. DWARSHUIS, gedeputeerde van de provincie Zuid-Holland, is hereby appointed a member of the Committee of the Regions in place of Mr H.F.M. EVERS for the remainder of his term of office, which ends on 25 January 2006.Done at Luxembourg, 20 October 2003.For the CouncilThe PresidentP. Maroni(1) OJ L 24, 26.1.2002, p. 38.


title: Decision (EU) 2015/1625 of the European Parliament of 29 April 2015 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2013, Section IV — Court of Justice

text:
               30.9.2015

               EN

               Official Journal of the European Union

               L 255/117

      DECISION (EU) 2015/1625 OF THE EUROPEAN PARLIAMENT
      of 29 April 2015
      on discharge in respect of the implementation of the general budget of the European Union for the financial year 2013, Section IV — Court of Justice
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the general budget of the European Union for the financial year 2013 (1),

                  —

                  having regard to the consolidated annual accounts of the European Union for the financial year 2013 (COM(2014) 510 — C8-0149/2014) (2),

                  —

                  having regard to the Court of Auditors' annual report on the implementation of the budget concerning the financial year 2013, together with the institutions' replies (3),

                  —

                  having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2013, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5),

                  —

                  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (6), and in particular Articles 55, 99, 164, 165 and 166 thereof,

                  —

                  having regard to Rule 94 of and Annex V to its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control (A8-0111/2015),

         1.

            Grants the Registrar of the Court of Justice discharge in respect of the implementation of the budget of the Court of Justice for the financial year 2013;

         2.

            Sets out its observations in the resolution below;

         3.

            Instructs its President to forward this Decision and the resolution forming an integral part of it to the European Council, the Council, the Commission, the Court of Justice of the European Union, the Court of Auditors, the European Ombudsman, the European Data Protection Supervisor and the European External Action Service, and to arrange for their publication in the Official Journal of the European Union (L series).

               The President

            Martin SCHULZ

               The Secretary-General

            Klaus WELLE

         (1)  OJ L 66, 8.3.2013.

         (2)  OJ C 403, 13.11.2014, p. 1.

         (3)  OJ C 398, 12.11.2014, p. 1.

         (4)  OJ C 403, 13.11.2014, p. 128.

         (5)  OJ L 248, 16.9.2002, p. 1.

         (6)  OJ L 298, 26.10.2012, p. 1.


title: Council Decision 2011/297/CFSP of 23 May 2011 amending Joint Action 2001/555/CFSP on the establishment of a European Union Satellite Centre

text:
               24.5.2011

               EN

               Official Journal of the European Union

               L 136/62

         COUNCIL DECISION 2011/297/CFSP
   of 23 May 2011
   amending Joint Action 2001/555/CFSP on the establishment of a European Union Satellite Centre
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and in particular Article 28 thereof,
   Whereas:

               (1)

               Following the termination of the Modified Brussels Treaty of 1954 establishing the Western European Union (‘WEU’), it is necessary to ensure, on behalf of the ten Member States participating in the WEU, the continuation of certain residual administrative tasks of the WEU after its closure on 30 June 2011, in particular the administration of WEU staff pensions and the WEU Social Plan, as well as the settlement of any disputes between the WEU and former staff.

               (2)

               For this purpose, the necessary administrative tasks should be assumed by the European Union Satellite Centre, established by Council Joint Action 2001/555/CFSP (1).

               (3)

               All expenditure related to the above-mentioned tasks should be met by contributions from the ten Member States parties to the Modified Brussels Treaty of 1954 establishing the WEU.

               (4)

               Joint Action 2001/555/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Council Joint Action 2001/555/CFSP is hereby amended as follows:

               1)

               The following paragraph is added to Article 2:
               ‘5.   As from 1 July 2011, following the dissolution of the Western European Union (“WEU”), the Centre shall perform the administrative tasks set out in Article 23a.’

               2)

               The following Article is inserted:
               ‘Article 23a
               Administrative tasks following the dissolution of the WEU
               1.   From 1 July 2011, the Centre shall, on behalf of Belgium, Germany, Greece, Spain, France, Italy, Luxembourg, the Netherlands, Portugal, and the United Kingdom (hereinafter “the Ten Member States”), perform the following residual administrative tasks of the WEU:

                           (a)

                           the administration of the pensions of former staff of the WEU;

                           (b)

                           the administration of the WEU Social Plan;

                           (c)

                           the administration of any disputes between the WEU and any member of its former staff and the implementation of the decisions of the competent Appeals Board;

                           (d)

                           assistance to the Ten Member States in relation to the liquidation of the WEU's assets.

                     2.   The administration of the pensions of former staff of the WEU shall:

                           (a)

                           take place in accordance with the pension rules of the WEU, as in force on 30 June 2011. If necessary, these rules may be amended by the Board referred to in paragraph 6, within the framework of the pension rules of the Coordinated Organisations;

                           (b)

                           be managed by the Joint Pensions Administrative Section within the Coordinated Organisations (hereinafter “JPAS/SCAP”). To this effect, the Centre shall, on behalf of the Ten Member States, conclude a memorandum of agreement by 30 June 2011. The WEU may also be a party to this memorandum of agreement. This memorandum of agreement shall be approved by the Board referred to in paragraph 6, and shall be signed by its chairperson.

                     Any disputes relating to these pensions and involving former staff of the WEU shall be settled in accordance with paragraph 3.
               3.   Any disputes between the WEU and any of its former staff members shall be subject to the dispute settlement rules of the WEU as in force on 30 June 2011.
               The dispute settlement rules shall be updated by the Board referred to in paragraph 6 with a view to their implementation as from 1 July 2011 in the framework of the Centre.
               The status of former WEU staff shall be governed by the WEU staff rules as in force on 30 June 2011, any applicable contracts, any other applicable WEU decision, and the WEU Social Plan.
               4.   The administration of the WEU Social Plan shall take place in accordance with the Social Plan adopted by the WEU on 22 October 2010. It shall also be in accordance with any subsequent binding decision by the competent Appeals Board and with any decisions taken by the WEU or the Board referred to in paragraph 6, to implement such a decision.
               5.   Assistance in the process of liquidation of the WEU's assets shall include the administration of any legal or financial issue arising from the closure of the WEU, performed under the guidance by the Board referred to in paragraph 6.
               6.   Any decisions in relation to the tasks set out in this Article, including decisions by the Board referred to in this Article, shall be adopted unanimously by the Board composed of representatives of the Ten Member States. This configuration of the Board shall decide on how it is to be chaired by one of its members. The Director of the Centre or its representative may attend Board meetings in this configuration. The Board shall be convened by the Chairperson at least once a year or at the request of at least three of its members. Ad-hoc meetings of the Board may be convened at expert level in order to deal with specific subjects or issues. Decisions of the Board may be taken by written procedure.
               7.   The Centre shall recruit the staff necessary to perform the tasks mentioned in paragraph 1. If any of the Ten Member State offers to second a person for this purpose, that person shall be recruited. If that is not the case, or if secondment does not allow to fill all the required posts, the necessary staff shall be contracted. The Centre's staff regulations shall be applicable, subject to the provisions of this Article.
               8.   All items of expenditure resulting from and revenue related to the implementation of this Article shall be part of a separate budget of the Centre. This budget shall be drawn up for each financial year, which shall correspond to the calendar year, and shall be adopted by the Board referred to in paragraph 6, acting upon a proposal by its chairperson, by 1 September of each year. The revenue and expenditure shown in this budget shall be in balance. The budget shall include a list of the staff recruited to perform the tasks referred to in paragraph 7. The revenue shall consist of contributions from the Ten Member States, determined in accordance with the rules applicable to their contributions to the WEU as in force on 30 June 2011, and of miscellaneous revenue. With a view to building up a start-up fund of EUR 5,3 million, initial contributions amounting to 20 % of this sum shall be paid by 30 June 2011. The Board referred to in paragraph 6 shall adopt the necessary financial rules, drawing as much as possible on the financial rules of the Centre, and rules regarding control of the budget and discharge. Pending the adoption of such rules, the WEU rules shall apply.
               9.   The Centre will conclude an agreement or administrative arrangement by 30 June 2011 with the WEU regarding the implementation of this Article, which shall be approved by the Board referred to in paragraph 6, and shall be signed by its chairperson.’.

         Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 23 May 2011.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 200, 25.7.2001, p. 5.


Avis juridique important

|

31999D0602

1999/602/EC, ECSC, Euratom: Council and Commission Decision of 31 May 1999 on the conclusion of the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Armenia, of the other part

Official Journal L 239 , 09/09/1999 P. 0001 - 0002

COUNCIL AND COMMISSION DECISIONof 31 May 1999on the conclusion of the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Armenia, of the other part(1999/602/EC, ECSC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 44(2), the last sentence of Article 47(2), and Articles 55, 57(2), 71, 80(2), 93, 94, 133 and 308, in conjunction with the second sentence of Article 300(2) and the second subparagraph of Article 300(3) thereof,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 95 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,Having regard to the proposal from the Commission,Having regard to the assent of the European Parliament(1),Having consulted the ECSC Consultative Committee and with the assent of the Council,Having regard to the approval of the Council given in accordance with Article 101 of the Treaty establishing the European Atomic Energy Community,(1) Whereas conclusion of the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Armenia, of the other part, signed on 22 April 1996 in Luxembourg, will contribute to the achievement of the objectives of the European Communities;(2) Whereas the purpose of that Agreement is to strengthen the links established in particular by the Agreement between the European Economic Community and the European Atomic Energy Community and the Union of Soviet Socialist Republics on trade and commercial and economic cooperation, signed on 18 December 1989 and approved by Decision 90/116/EEC(2);(3) Whereas certain obligations, provided for by the Partnership and Cooperation Agreement outside the scope of Community trade policy, affect or are likely to affect the arrangements laid down by Community acts adopted in the areas of the right of establishment, transport and the treatment of enterprises;(4) Whereas the said Agreement imposes on the European Community certain obligations regarding capital movements and payments between the Community and the Republic of Armenia;(5) Whereas, in addition, insofar as the said Agreement affects Council Directive 90/434/EEC of 23 July 1990 on the common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States(3), and Council Directive 90/435/EEC of 23 July 1990 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States(4), which are based on Article 94 of the Treaty establishing the European Community, that Article should be used as a legal basis;(6) Whereas certain provisions of the said Agreement impose on the Community obligations in the field of the provision of services which go beyond the cross-border framework;(7) Whereas for certain provisions of the said Agreement which are to be implemented by the Community, the Treaty establishing the European Community makes no provision for specific powers; whereas it is therefore necessary to resort to Article 308 of the Treaty establishing the European Community,HAVE DECIDED AS FOLLOWS:Article 1The Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Armenia, of the other part, together with the Protocol, Declarations and the Exchange of Letters, are hereby approved on behalf of the European Community, the European Coal and Steel Community and the European Atomic Energy Community.The texts are attached to this Decision.Article 21. The position to be taken by the Community within the Cooperation Council and within the Cooperation Committee when the latter is empowered to act by the Cooperation Council shall be laid down by the Council, on a proposal by the Commission, or, where appropriate, by the Commission, each in accordance with the corresponding provisions of the Treaties establishing the European Community, the European Coal and Steel Community and the European Atomic Energy Community.2. In accordance with Article 79 of the Partnership and Cooperation Agreement, the President of the Council shall chair the Cooperation Council and shall present the Community's position. A representative of the Commission shall chair the Cooperation Committee in accordance with its rules of procedure and shall present the Community's position.3. The decision to publish the recommendations of the Cooperation Council and the Cooperation Committee in the Official Journal of the European Communities shall be taken on a case-by-case basis by the Council and the Commission.Article 3The President of the Council shall give the notification provided for in Article 101 of the Agreement on behalf of the European Community. The President of the Commission shall give such notification on behalf of the European Coal and Steel Community and the European Atomic Energy Community.Done at Brussels, 31 May 1999.For the CommissionThe PresidentJ. SANTERFor the CouncilThe PresidentO. SCHILY(1) OJ C 115, 14.4.1997, p. 190.(2) OJ L 68, 15.3.1990, p. 1.(3) OJ L 225, 20.8.1990, p. 1.(4) OJ L 225, 20.8.1990, p. 6.