Council Decision 2010/336/CFSP of 14 June 2010 on EU activities in support of the Arms Trade Treaty, in the framework of the European Security Strategy

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 26(2) and Article 31(1) thereof,

Whereas:

1. On 12 December 2003 the European Council adopted a European Security Strategy that called for an international order based on effective multilateralism. The European Security Strategy acknowledges the United Nations (UN) Charter as the fundamental framework for international relations. Strengthening the UN and equipping it to fulfil its responsibilities and to act effectively, is a priority of the European Union.

2. On 6 December 2006 the UN General Assembly adopted resolution 61/89 entitled ‘Towards an arms trade treaty: establishing common international standards for the import, export and transfer of conventional arms’.

3. In its conclusions of 11 December 2006, the Council welcomed the formal start of the process towards the elaboration of a legally binding international Arms Trade Treaty (hereinafter referred to as ‘ATT’) and noted with appreciation that a clear majority of UN Member States had supported UN General Assembly resolution 61/89, including all Member States of the Union. The Council reaffirmed that the Union and its Member States would play an active role in this process, and underlined the importance of cooperation in this process with other States and regional organisations.

4. The UN Secretary-General set up a Group of Governmental Experts (hereinafter referred to as ‘GGE’), comprising 28 members, to continue the consideration of a possible ATT. The GGE met throughout 2008 and concluded that further consideration was required and that efforts should be carried out, on a step-by-step basis, in an open and transparent manner, within the framework of the UN. The GGE encouraged those States in a position to do so, to render assistance to States in need, upon request.

5. In its conclusions of 10 December 2007, the Council welcomed the establishment of a UN GGE and expressed its firm belief that a comprehensive, legally binding instrument, consistent with existing responsibilities of States under relevant international law and establishing common international standards for the import, export and transfer of conventional arms, would be a major contribution to tackling the undesirable and irresponsible proliferation of conventional arms.

6. The United Nations Institute for Disarmament Research (UNIDIR) supported this process by undertaking a two-part study consisting of two in-depth analyses of UN Member States’ views on the feasibility, scope and draft parameters of an ATT. The analyses, produced in December 2007 and January 2008 served as a useful input to the GGE.

7. On 24 December 2008 the UN General Assembly adopted resolution 63/240 entitled ‘Towards an arms trade treaty: establishing common international standards for the import, export and transfer of conventional arms’ establishing an Open Ended Working Group (hereinafter referred to as ‘OEWG’) to further consider those elements in the report of the GGE where consensus could be developed for their inclusion in an eventual legally binding treaty on the import, export and transfer of conventional arms. The OEWG met twice in 2009, and submitted a report to the UN General Assembly noticing that the problem of unregulated trade in conventional weapons and their diversion to the illicit market should be addressed through international action.

8. Based on the above mentioned Council conclusions, the Union decided to support the ATT process, by opening the debate to include States not members of the GGE, as well as to other actors such as civil society and industry, to develop the understanding of the issue and to contribute to the work of the OEWG. For this purpose, on 19 January 2009 the Council adopted Council Decision 2009/42/CFSP⁽¹⁾ on support for EU activities in order to promote among third countries the process leading towards an Arms Trade Treaty, in the framework of the European Security Strategy.

9. Within the framework of the implementation of Decision 2009/42/CFSP, UNIDIR, as the implementing agency of the Decision, organised six regional seminars, a side-event and opening and concluding events between February 2009 and February 2010. These activities allowed relevant stakeholders, including representatives of civil society, industry and countries who did not participate in the GGE, to participate in open informal discussions on an ATT. The implementation of Decision 2009/42/CFSP also offered an opportunity to integrate national and regional approaches to the international process underway, and to contribute to identifying the scope and implications of a treaty on the trade in conventional arms.

10. On 2 December 2009 the UN General Assembly adopted resolution 64/48 entitled ‘The arms trade treaty’ that decided to convene the UN Conference on the ATT in 2012 to elaborate a legally binding instrument on the highest possible common international standards for the transfer of conventional arms. The resolution also decided that the remaining sessions of the OEWG shall be considered as Preparatory Committee Meetings for the UN Conference.

11. Considering the activities of Decision 2009/42/CFSP which expires in May 2010, the need to prepare for a successful UN Conference on the ATT in 2012, and the recommendation contained in resolution 64/48 to ensure the widest possible and effective participation in the Conference, the Union should support the preparatory process leading up to the UN Conference to ensure that it is as inclusive as possible and able to make concrete recommendations on the elements of a future ATT. The Union’s support to the ATT process should include measures in support of national export and import control systems in third countries that would have to comply with a future ATT,

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