# Council Decision (CFSP) 2015/2215 of 30 November 2015 in support of UNSCR 2235 (2015), establishing an OPCW-UN joint investigative mechanism to identify the perpetrators of chemical attacks in the Syrian Arab Republic, Introduction: Introductory text

Extent: E+W+S+N.I.

Council Decision (CFSP) 2015/2215
of 30 November 2015
in support of UNSCR 2235 (2015), establishing an OPCW-UN joint investigative mechanism to identify the perpetrators of chemical attacks in the Syrian Arab Republic
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,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1)
On 7 August 2015, the UN Security Council unanimously adopted Resolution (UNSCR) 2235 (2015), condemning any use of toxic chemicals, such as chlorine, as a chemical weapon in the Syrian Arab Republic and expressing its determination to identify those responsible for such acts. To this end, the UN Security Council established for a period of one year, with the possibility of future extension if it deems it necessary, a joint investigative mechanism (JIM) to identify, to the greatest extent feasible, individuals, entities, groups or governments who were perpetrators, organisers, sponsors or otherwise involved in the use of chemicals, including chlorine or any other toxic chemical, as weapons in the Syrian Arab Republic, in cases where the fact-finding mission (FFM) of the Organisation for the Prohibition of Chemical Weapons (OPCW) determines or has determined that a specific incident in the Syrian Arab Republic involved or likely involved the use of chemicals, including chlorine or any other toxic chemical, as weapons.
(2)
On 10 September 2015, the UN Security Council authorised the recommendations, including elements of terms of reference regarding the OPCW-UN JIM established by UNSCR 2235 (2015), submitted by the UN Secretary-General in his letters to the President of the UN Security Council dated 27 August 2015 and 9 September 2015.
(3)
The EU Strategy against Proliferation of Weapons of Mass Destruction (‘the Strategy’) underlines the crucial role of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (CWC) and of the OPCW in creating a world free of chemical weapons.
(4)
The Union is actively implementing the 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, such as the OPCW. Accordingly, on 9 December 2013, the Council adopted Decision 2013/726/CFSP in support of the activities of OPCW in the framework of UNSCR 2118 (2013), the OPCW Executive Council Decision of 27 September 2013 on the destruction of Syrian chemical weapons and subsequent and related resolutions and decisions. Furthermore, on 17 February 2015, the Council adopted Decision (CFSP) 2015/259 in support of activities of the OPCW in the framework of the implementation of the Strategy.
(5)
On 23 September 2015, the OPCW Director-General addressed a letter to the High Representative of the Union for Foreign Affairs and Security Policy (‘the High Representative’) seeking a financial contribution from the Union to a trust fund for OPCW missions in the Syrian Arab Republic, including activities related to the OPCW FFM in support of the JIM in its analysis of allegations of the use of chemicals, including chlorine or any other toxic chemical, as weapons.
(6)
On 24 September 2015, the Head of the OPCW-UN JIM addressed a letter to the High Representative seeking financial support for the JIM through a trust fund.
(7)
Following the accession of the Syrian Arab Republic to the CWC, effective from 14 October 2013, the OPCW is responsible for verifying the Syrian Arab Republic's compliance with the CWC and the terms of any relevant OPCW Executive Council Decisions and for reporting, in coordination with the UN Secretary-General, as needed, to the UN Security Council on non-compliance with UNSCR 2118 (2013).
(8)
The technical implementation of this Decision should be entrusted to the OPCW and the UN Office for Disarmament Affairs (UNODA) as the implementing office of the JIM trust fund. The projects supported by the Union can only be financed through voluntary contributions to the respective OPCW and JIM trust funds. Such contributions to be provided by the Union will be instrumental in enabling the OPCW and the JIM to fulfil the tasks set out in UNSCR 2235 (2015).
(9)
The supervision of the proper implementation of the Union's financial contribution should be entrusted to the Commission,
HAS ADOPTED THIS DECISION:

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Source: https://www.legislation.gov.uk/eudn/2015/2215/introduction (the official version)
Page: https://openlegislation.uk/eu-decision-2015-2215/introduction
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

