# Council Decision 2012/166/CFSP of 23 March 2012 in support of activities of the Organisation for the Prohibition of Chemical Weapons (OPCW) in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction

EU Decision 2012/166 · adopted 23 March 2012

Council Decision 2012/166/CFSP of 23 March 2012 in support of activities of the Organisation for the Prohibition of Chemical Weapons (OPCW) in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction

## Introductory text

Council Decision 2012/166/CFSP
of 23 March 2012
in support of activities of the Organisation for the Prohibition of Chemical Weapons (OPCW) in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 26(2),
Whereas:
(1)
On 12 December 2003, the European Council adopted the EU Strategy against Proliferation of Weapons of Mass Destruction (hereinafter the ‘EU Strategy’), Chapter III of which contains a list of measures to combat such proliferation.
(2)
The EU Strategy underlines the crucial role of the Chemical Weapons Convention (hereinafter the ‘CWC’) and of the OPCW in creating a world free of chemical weapons. As part of the EU Strategy, the Union has committed itself to working towards universal adherence to key disarmament and non-proliferation treaties and agreements, including the CWC. The objectives of the EU Strategy are complementary to the objectives pursued by the OPCW, in the context of the latter’s responsibility for the implementation of the CWC.
(3)
On 22 November 2004, the Council adopted Joint Action 2004/797/CFSP on support for OPCW activities in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction, followed on its expiry by Joint Action 2005/913/CFSP, which in turn was followed by Joint Action 2007/185/CFSP. Joint Action 2007/185/CFSP was followed by Decision 2009/569/CFSP, which expired on 3 December 2011.
(4)
The continuation of such intensive and targeted assistance from the Union to the OPCW is necessary in the context of the active implementation of Chapter III of the EU Strategy. There is a need for further activities promoting the full implementation of the CWC as well as activities enhancing the preparedness of States Parties to the CWC (hereinafter ‘States Parties’) to prevent and respond to attacks involving toxic chemicals, international cooperation in the field of chemical activities, and the ability of the OPCW to adapt to developments in the field of science and technology. Measures related to the universalisation of the CWC should continue and be adapted to and targeted at the declining number of States not Parties to the CWC,
HAS ADOPTED THIS DECISION:

## 1 

1. For the purpose of giving immediate and practical application to some elements of the EU Strategy, the Union shall support activities of the OPCW, with the following objectives:
to enhance the capacities of States Parties in fulfilling their obligations under the CWC,
to enhance the preparedness of States Parties to prevent and respond to attacks involving toxic chemicals,
to enhance international cooperation in the field of chemical activities,
to support the ability of the OPCW to adapt to developments in the field of science and technology,
to promote universality by encouraging States not Parties to join the CWC.
2. In this context, the Union-supported activities of the projects of the OPCW, which are in compliance with the measures of the EU Strategy, shall be the following:
Project I: National Implementation, Verification and Universality
Activities:
Bilateral technical assistance visits
Training courses for customs officials on the technical aspects of the CWC’s transfers’ regime
Grants to national authorities
E-learning tool for national authorities/associated stakeholders
Outreach to States not Party to the CWC
Investigation of alleged use exercises
Project II: International Cooperation
Activities:
Analytical skills development course
Industry Outreach — CWC and Chemical Process Safety Workshop
Project III: Visits by representatives of the Executive Council of the OPCW and observers to chemical weapons destruction facilities (CWDFs)
Activity:
Visits to CWDFs
Project IV: Science and Technology
Activities:
Scientific Advisory Board (SAB) working group meetings
Co-funding of an OPCW-International Union of Pure and Applied Chemistry (IUPAC) International Science and Technology Workshop
Project V: Preparedness of States Parties to prevent and respond to attacks involving chemicals
Activities:
Regional Workshops — Article X of the CWC and issues of regional cooperation in the area of assistance and emergency response
Table Top Exercises (TTEs) and exercise module
OPCW as a platform for enhancing security at chemical plants
Project VI: Africa Programme
Activities:
Bilateral technical assistance visits
Training courses for customs officials on the technical aspects of the CWC’s transfers’ regime
Industry Outreach — CWC and Chemical Process Safety Workshop
Analytical skills development course
Regional workshop — Article X of the CWC and issues of regional cooperation in the area of assistance and emergency response
Regional long-term capacity building project in the assistance and protection field
A detailed description of the Union supported activities of the OPCW referred to above is set out in the Annex.

## 2 

1. The High Representative of the Union for Foreign Affairs and Security Policy (HR) shall be responsible for the implementation of this Decision.
2. Technical implementation of the projects referred to in Article 1(2) shall be carried out by the Technical Secretariat of the OPCW (hereinafter the ‘Technical Secretariat’). It shall perform this task under the responsibility and the control of the HR. For this purpose, the HR shall enter into the necessary arrangements with the Technical Secretariat.

## 3 

1. The financial reference amount for the implementation of the projects referred to in Article 1(2) shall be EUR 2 140 000.
2. The expenditure financed by the amount set out in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
3. The Commission shall supervise the proper management of the expenditure referred to in paragraph 1. For this purpose, it shall conclude a financing agreement with the Technical Secretariat. The agreement shall stipulate that the Technical Secretariat is to ensure visibility of the Union contribution, commensurate with its size.
4. The Commission shall endeavour to conclude the financing agreement referred to in paragraph 3 as soon as possible after 23 March 2012. It shall inform the Council of any difficulties in that process and of the date of conclusion of the agreement.

## 4 

The HR shall report to the Council on the implementation of this Decision on the basis of regular reports prepared by the Technical Secretariat. The HR reports shall form the basis for the evaluation carried out by the Council. The Commission shall provide information on the financial aspects of the projects referred to in Article 1(2).

## 5 

1. This Decision shall enter into force on the day of its adoption.
2. This Decision shall expire 24 months after the date of the conclusion of the financing agreement referred to in Article 3(3). However, it shall expire six months after its entry into force if that financing agreement has not been concluded by that time.

## Signature

Done at Brussels, 23 March 2012.
For the Council
The President
C. Ashton

## Annex: Union support for OPCW activities in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction

### Division Project I:: National Implementation, Verification and Universality

## Objective:

To enhance the capacity of States Parties in fulfilling their obligations under the CWC and to encourage States not Party to the CWC to better understand the benefits of joining the CWC and in getting more involved in OPCW activities.

## Purposes:

Purpose 1 — States Parties make progress towards:
fulfilling national implementation requirements under Article VII of the CWC,
complying with their declarations and inspection declarations requirements under Article VI of the CWC,
running more efficiently their national authorities,
facilitating the basic training of national authorities,
being prepared for investigations of alleged use under Articles IX and X of the CWC.
Purpose 2 — States not Party to the CWC get more involved in OPCW activities and increase their understanding of the CWC and its benefits.

## Results:

Result 1
National authorities have enhanced their capacity to draft national implementing legislation and are in a position to submit legislation for adoption.
Customs officials have enhanced their capacity to identify chemicals relevant to the CWC and to submit accurate transfers of scheduled chemicals data to national authorities.
National authorities have enhanced their capacity to communicate with and deliver documentation and declarations to OPCW.
National authorities personnel have enhanced their capacity to understand and implement the basic principles of the CWC and make more cost effective use of face-to-face training opportunities.
States Parties have a better knowledge of investigations of alleged use and challenge inspections, as fundamental tools at their disposal to provide assistance and/or to clarify possible non-compliance with the CWC.
States Parties receive assurances on the readiness of the Technical Secretariat to conduct investigations of alleged use and challenge inspections.
Result 2
States not Party to the CWC are more involved in OPCW activities and have obtained a better understanding of the benefits of joining the CWC.

## Activities:

Bilateral technical assistance visits: Support to States Parties will be provided through technical assistance visits that will be designed on a case-by-case basis and conducted to provide focused assistance to meet the requirements of the requests made by the States Parties. The nature of this support will include sensitisation and outreach efforts through national awareness workshops, specialised training courses, assistance for drafting national implementing legislation and related measures, and Article VI of the CWC industry-related topics. Depending on their objective, these visits will entail coordinated work involving, as appropriate, the Technical Secretariat’s Implementation Support Branch, the Office of the Legal Adviser, the Declarations Branch and the Industry Verification Branch.
Training of customs officials on the technical aspects of the CWC’s transfers’ regime: Support to customs officials has been provided under Joint Action 2005/913/CFSP, Joint Action 2007/185/CFSP and Decision 2009/569/CFSP. On the basis of experience gained, outreach to customs officials through training courses will be undertaken with a view to improving the collection and transmission of data on imports and exports of scheduled chemicals to national authorities. Regional and sub-regional training courses undertaken will offer practical hands-on demonstrations and exercises. One regional course will be held in the Latin American and Caribbean region and one sub-regional course will be held in the Asian region. The courses will be carried out by the Technical Secretariat’s Implementation Support Branch with the technical expertise from the Declarations Branch.
Grants to national authorities: National authorities in developing States Parties are often hindered in their ability to fully implement the obligations under the CWC by a lack of basic equipment (desktop computers, printers, software, copiers etc). By providing basic office equipment to national authorities, they have the opportunity to develop a higher degree of efficiency and professionalism in their efforts to implement the CWC. The availability of such equipment will also be used as an incentive to national authorities to engage more actively in their efforts to implement the CWC, particularly if the making available of such equipment is made contingent upon achieving certain predefined targets.
Such targets will be defined on a case-by-case basis and in consultation with the States Parties concerned.
E-learning tool for national authorities/associated stakeholders: In order to maximise face to face training opportunities, the basic and generic elements of OPCW national authority training will be made available to States Parties in an electronic format, and translated in all OPCW official languages (Arabic, Chinese, English, French, Spanish, and Russian). Accordingly, five e-learning modules, based on existing materials within the Technical Secretariat, will be developed using the services of a commercial provider. The presentations currently being used that would be converted to e-learning tools are the following:
an overview of the CWC,
an introduction to the OPCW,
the CWC article by article,
the CWC — schedules 1, 2 and 3,
the effective running of a national authority.
Outreach to States not Party to the CWC: Representatives of States not Party to the CWC who are in a position to influence national actions relating to accession/ratification and those directly involved in issues of relevance to the CWC will be sponsored to attend different programmes organised by the International Cooperation and Assistance Division (ICA). These programmes will include regional workshops for national authorities of States Parties and regional workshops for customs authorities. Where necessary, staff members from the External Relations Division of the Technical Secretariat will also be sponsored to attend these meetings in order to undertake necessary contacts and interaction with the sponsored participants from the States not Party to the CWC. In addition, and as may be necessary, tailor-made visits and arrangements involving States not Party to the CWC are also envisaged within this scheme of support to States not Party to the CWC.
Investigation of alleged use exercises: Since entry into force of the CWC, the Technical Secretariat, often in cooperation with States Parties, has conducted a number of exercises related to Articles IX and X of the CWC, including both investigations of alleged use (IAU) and challenge inspections (CI). Although many lessons learned in relation to CI exercises apply to IAU, and vice-versa, a comprehensive review has never been undertaken. In such a comprehensive review, previous lessons learned and evaluation reports from IAU and CI exercises (both table-top and field) will be analysed, and a workshop will be held to bring together experts involved in such exercises in order to share best practice, and to inform future exercises, especially in relation to investigations of alleged use.

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Source: https://www.legislation.gov.uk/eudn/2012/166 (the official version)
Page: https://openlegislation.uk/eu-decision-2012-166
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.