Council Decision (CFSP) 2019/1296 of 31 July 2019 in support of strengthening biological safety and security in Ukraine in line with the implementation of United Nations Security Council Resolution 1540 (2004) on non-proliferation of weapons of mass destruction and their means of delivery

THE COUNCIL OF THE EUROPEAN UNION,

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

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

Whereas:

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

2. The Union is actively implementing that strategy and is giving effect to the measures listed in Chapter III thereof, in particular by releasing financial resources to support specific projects conducted by multilateral institutions, providing States with technical assistance and expertise with regard to a wide range of non-proliferation measures, and fostering the role of the United Nations Security Council (UNSC).

3. On 28 April 2004, the UNSC adopted Resolution 1540 (2004) (‘UNSCR 1540 (2004)’), which was the first international instrument to deal in an integrated and comprehensive manner with weapons of mass destruction, their means of delivery and related materials. UNSCR 1540 (2004) established binding obligations for all States, and those obligations aimed to prevent and deter non-State actors from obtaining access to such weapons and weapon-related material. The UNSC also decided that all States are to take and enforce effective measures to establish domestic controls to prevent the proliferation of nuclear, chemical or biological weapons and their means of delivery, including by establishing appropriate controls over related materials.

4. On 11 May 2017, the Council adopted Decision (CFSP) 2017/809⁽¹⁾ in support of the implementation of UNSCR 1540 (2004). The technical implementation of the activities under Decision (CFSP) 2017/809 is entrusted to the UN Office for Disarmament Affairs (UNODA) in cooperation with relevant regional international organisations, and in particular the Organisation for Security and Cooperation in Europe (OSCE).

5. On 11 July 2017, the Council adopted Decision (CFSP) 2017/1252⁽²⁾ in support of the strengthening of chemical safety and security in Ukraine in line with the implementation of UNSCR 1540 (2004). The technical implementation of the activities under Decision (CFSP) 2017/1252 is entrusted to the OSCE Secretariat.

6. Universal adherence to and full implementation of the Biological and Toxin Weapons Convention (BTWC) and UNSCR 1540 (2004) are among the main priorities of Ukraine in the area of non-proliferation of weapons of mass destruction.

7. On 21 March and 27 June 2014, the Union and Ukraine signed an Association Agreement⁽³⁾ which provides, inter alia, for expedited harmonisation of Ukrainian national legislation with relevant Union legislation, including in relation to the elimination of any obstacles to the comprehensive implementation in Ukraine of UNSCR 1540 (2004). Parts of the EU-Ukraine Association Agreement have been provisionally applied since 1 November 2014. The EU-Ukraine Association Agreement entered into force on 1 September 2017.

8. According to the Ukrainian Government's Action Plan on the implementation of the EU-Ukraine Association Agreement for the years 2018-2020, Ukraine committed to develop and improve regulations and mechanisms in the field of biological safety and security in line with Ukraine's obligations under the BTWC and UNSCR 1540 (2004) as well as under international norms and standards, and in particular relevant EU legislation.

9. In this context, three project proposals were prepared by the OSCE Secretariat in close cooperation with the competent authorities in Ukraine with a view to strengthening overall biological safety and security in Ukraine.

10. The OSCE Secretariat should be entrusted with the technical implementation of the projects to be carried out under this Decision.

11. The projects should be implemented in line with the respective provisions of the Ukrainian Government's Action Plan on the implementation of the EU-Ukraine Association Agreement. The activities should take into account relevant good practice and lessons learned, identified during the implementation of Decision (CFSP) 2017/1252.

12. The OSCE Secretariat should ensure efficient cooperation with relevant international organisations and bodies such as the BTWC Implementation Support Unit, the UNSC Committee established pursuant to UNSCR 1540 (2004), the World Organisation for Animal Health (OIE), and the Global Partnership Against the Spread of Weapons and Materials of Mass Destruction. The OSCE Secretariat should also ensure the complementarity and synergy of projects undertaken further to this Decision with relevant past and ongoing projects and activities in Ukraine supported by individual EU Member States, and with other Union-sponsored programmes in this field including the Instrument contributing to Stability and Peace and the EU Centres of Excellence on Chemical, Biological, Radiological and Nuclear Risk Mitigation,

HAS ADOPTED THIS DECISION: