For the purpose of ensuring the continuous and practical implementation of certain elements of the Strategy, the Union shall promote the universalisation and effective implementation of the International Convention for the Suppression of Acts of Nuclear Terrorism (‘ICSANT’) by providing support for the activities of the UNODC, and in particular its Terrorism Prevention Branch (TPB), which, inter alia, supports the efforts of States to adhere to relevant international legal instruments and to strengthen their national legal and criminal justice frameworks and institutional capacity to counter nuclear terrorism, and the UNCCT programme on preventing and responding to weapons of mass destruction (‘WMD’)/chemical, biological, radiological and nuclear (‘CBRN’) terrorism, which, inter alia, seeks to support States and international organisations in preventing terrorist groups from accessing and using WMD/CBRN materials and in ensuring that they are better prepared for, and can effectively respond to, a terrorist attack involving WMD/CBRN materials.
Council Decision (CFSP) 2018/1939 of 10 December 2018 on Union support for the universalisation and effective implementation of the International Convention for the Suppression of Acts of Nuclear Terrorism
Council Decision (CFSP) 2018/1939 of 10 December 2018 on Union support for the universalisation and effective implementation of the International Convention for the Suppression of Acts of Nuclear Terrorism
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:
On 12 December 2003 the European Council adopted the EU Strategy against Proliferation of Weapons of Mass Destruction (‘the Strategy’), which states that non-proliferation, disarmament and arms control can make an essential contribution in the global fight against terrorism by reducing the risk of non-State actors gaining access to weapons of mass destruction, radioactive materials and means of delivery. Chapter III of the Strategy contains a list of measures that need to be taken both within the Union and in third countries to combat such proliferation.
The Union is actively implementing the Strategy and is giving effect to the measures listed in Chapter III thereof, in particular by working towards the universalisation and, where necessary, strengthening of the main treaties, agreements and verification arrangements on disarmament and non-proliferation and by releasing financial resources to support specific projects conducted by multilateral institutions such as the United Nations (UN) Office on Drugs and Crime (UNODC) and the UN Office of Counter-Terrorism (UNOCT).
In his Agenda for Disarmament entitled ‘Securing our Common Future’, which was launched on 24 May 2018, the UN Secretary-General noted that the current nuclear risks were unacceptable and that they were growing.
On 13 April 2005 the UN General Assembly adopted the International Convention for the Suppression of Acts of Nuclear Terrorism, which was opened for signature on 14 September 2005.
The technical implementation of this Decision should be entrusted to the UNODC and the UN Counter-Terrorism Centre (UNCCT) of the UNOCT.
This Decision should be implemented in accordance with the Financial and Administrative Framework Agreement concluded by the European Commission with the UN concerning the management of financial contributions by the Union to programmes or projects administered by the UN,
HAS ADOPTED THIS DECISION:
Article 1
The projects to be financed by the Union shall aim to:
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increase the number of States Parties to ICSANT;
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increase ICSANT awareness among beneficiaries, such as national policy- and decision-makers, including members of parliament, and in international fora;
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improve national legislation by incorporating all ICSANT requirements;
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develop e-learning and other relevant training materials and incorporate them into technical legal assistance delivery, including, inter alia, case studies;
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develop and maintain a reference website containing all ICSANT-relevant information, including good practices;
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enhance the capacities of criminal justice officials and other relevant national stakeholders with regard to the investigation, prosecution and adjudication of cases;
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develop synergies with other relevant international legal instruments, such as the Convention on the Physical Protection of Nuclear Material and the Amendment thereto, and UN Security Council (UNSC) Resolution 1540 (2004);
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strengthen the capacity of States to detect and respond to the threat of terrorists acquiring nuclear or other radioactive materials.
The projects shall be implemented by the UNODC and the UNCCT in close collaboration with relevant UNODC field offices and other relevant institutions and experts, including the International Atomic Energy Agency, the United Nations Office for Disarmament Affairs, the Group of Experts of the UNSC Committee established pursuant to UNSC Resolution 1540 (2004) and the EU CBRN Risk Mitigation Centres of Excellence.
In the implementation of the projects, both Union visibility and proper programme management shall be ensured.
All project components shall be supported by proactive and innovative public outreach activities, and resources shall be allocated accordingly.
A detailed description of the projects is set out in the Annex.
Article 2
The High Representative of the Union for Foreign Affairs and Security Policy (‘the High Representative’) shall be responsible for the implementation of this Decision.
The technical implementation of the projects referred to in Article 1(2) shall be carried out by the UNODC and the UNCCT. They shall perform that task under the responsibility of the High Representative. For that purpose, the High Representative shall enter into the necessary arrangements with the UNODC and the UNCCT.
Article 3
The financial reference amount for the implementation of the projects referred to in Article 1(2) shall be EUR 4 999 986. The total estimated budget of the overall project shall be EUR 5 223 907, which shall be provided through co-financing.
The expenditure financed by the financial reference amount set out in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the Union budget.
The Commission shall supervise the proper management of the financial reference amount referred to in paragraph 1. For that purpose, it shall conclude financing agreements with the UNODC and the UNCCT. The financing agreements shall stipulate that the UNODC and the UNCCT have to ensure the visibility of the Union contribution, appropriate to its size.
The Commission shall endeavour to conclude the financing agreements 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 agreements.
Article 4
The High Representative shall report to the Council twice a year on the implementation of this Decision on the basis of regular reports prepared by the UNODC and the UNCCT. Those reports shall form the basis for the evaluation carried out by the Council.
The Commission shall provide information twice a year on the financial aspects of the implementation of the projects referred to in Article 1(2).