Rozhodnutí Rady (SZBP) 2021/257 ze dne 18. února 2021 na podporu akčního plánu z Osla pro uplatňování Úmluvy z roku 1997 o zákazu použití, skladování, výroby a převodu protipěchotních min a o jejich zničení

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,

To contribute to human security by supporting the implementation of the Oslo Action Plan 2020-2024 (the Oslo Action Plan) adopted by the States Parties at the Fourth Review Conference of the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction (the Convention), in the framework of the European Security Strategy and in accordance with relevant decisions of the international community, the Union shall pursue the following objectives:

(a) to support the efforts of States Parties to implement the survey and clearance and mine risk education and reduction aspects of the Oslo Action Plan;

(b) to support the efforts of States Parties to implement the victim assistance aspects of the Oslo Action Plan;

(c) to promote the universalisation of the Convention and promote norms against any use, stockpiling, production and transfer of anti-personnel mines and on their destruction;

(d) to support the efforts of States Parties that retain anti-personnel mines for permitted purposes to increase reporting capabilities, ensure that the number of such mines retained does not exceed the minimum number absolutely necessary, and explore alternatives to live anti-personnel mines for training and research purposes where possible;

(e) to demonstrate the ongoing commitment of the Union and its Member States to the Convention and their resolve to cooperate with and extend assistance to those States Parties that need support in meeting their commitments under the Convention, thereby enhancing the leading role of the Union in pursuing the Convention’s vision of a conclusive end to the suffering and casualties caused by anti-personnel mines.

The objectives referred to in paragraph 1 shall be pursued in such a way as to reinforce the Convention’s tradition of partnership and collaboration between States, non-governmental organisations and other organisations, including representatives from mine-affected communities. All actions shall ensure an inclusive approach at all levels.

In order to achieve the objectives referred to in paragraph 1, the Union shall support the following projects:

(a) support for implementation of Article 5 of the Convention, for international cooperation and assistance, and for transparency and exchange of information;

(b) support for implementation of victim assistance, for international cooperation and assistance, and for transparency and exchange of information;

(c) support for universalisation efforts and for promotion of the Convention’s norms;

(d) support for alternatives to the use of live anti-personnel mines for training, and for increased cooperation and assistance;

(e) demonstrating the commitment of the Union and its Member States and ensuring their visibility, in particular through annual briefings to publicise the activities provided for in this Decision and their outcomes and through the organisation of a closing event, thereby underlining the Union’s contribution to the implementation of the Convention.

A detailed description of the measures to be undertaken in order to meet the objectives referred to in paragraph 1 is set out in the Annex.

Council Joint Action 2008/487/CFSP of 23 June 2008 in support of the universalisation and implementation of the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, in the framework of the European Security Strategy (OJ L 165, 26.6.2008, p. 41 ).

(1) The Union should work towards a high degree of cooperation in all fields of international relations, in order, inter alia, to preserve peace, prevent conflicts and strengthen international security, in accordance with the purposes and principles of the Charter of the United Nations.

(2) On 12 December 2003 , the European Council adopted a European Security Strategy identifying global challenges and threats, and calling for a rule-based international order based on effective multilateralism and well-functioning international institutions.

(3) The Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction (the Convention) entered into force on 1 March 1999 . It constitutes the only comprehensive international instrument providing a comprehensive response to end the suffering and casualties caused by anti-personnel mines, including by prohibiting their use, stockpiling, production, trade and transfer and ensuring their destruction, as well as victim assistance. Since 1 June 2013 , all Member States are party to the Convention.

(4) On 23 June 2008 , the Council adopted Joint Action 2008/487/CFSPCouncil Joint Action 2008/487/CFSP of 23 June 2008 in support of the universalisation and implementation of the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, in the framework of the European Security Strategy (OJ L 165, 26.6.2008, p. 41 ). in support of the universalisation and implementation of the Convention.

(5) On 3 December 2009 , at the Second Review Conference of the Convention, the States Parties to the Convention (the States Parties) adopted the Cartagena Action Plan 2010-2014 on the universalisation and implementation of all aspects of the Convention. At the Tenth Meeting of the States Parties in 2010, the States Parties adopted the Directive by the States Parties to the Implementation Support Unit, in which they agreed that the Convention’s Implementation Support Unit (ISU) should provide advice and technical support to States Parties on the universalisation and implementation of the Convention, facilitate communication among the States Parties, and promote communication and information sharing regarding the Convention both to States not party to the Convention and to the public. At the Fourteenth Meeting of the States Parties in 2015, the States Parties adopted a Decision on strengthening financial governance and transparency within the ISU, setting out the conditions for the ISU to undertake activities or projects that do not feature in its yearly budget, including at the invitation of States Parties or States not party to the Convention.

(6) On 13 November 2012 , the Council adopted Decision 2012/700/CFSPCouncil Decision 2012/700/CFSP of 13 November 2012 in the framework of the European Security Strategy in support of the implementation of the Cartagena Action Plan 2010-2014, adopted by the States Parties to the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction (OJ L 314, 14.11.2012, p. 40 ). in support of the implementation of the Cartagena Action Plan 2010-2014.

(7) On 27 June 2014 , at the Third Review Conference of the Convention, the States Parties adopted the Maputo Action Plan 2014-2019, which aimed to make significant and sustainable progress towards implementation of the Convention during the period 2014-2019, and made a joint declaration stating their aspiration to meet the goals of the Convention to the fullest extent possible by 2025.

(8) In its conclusions of 16 and 17 June 2014 on the Third Review Conference of the Convention, the Council recalled the Union’s unity in pursuing the objectives of the Convention and that the Union and its Member States have a long history of support for mine clearance and the destruction of stockpiled anti-personnel mines, as well as for assistance to victims of anti-personnel mines. Those conclusions reiterated the Union’s unwavering support to States Parties in their full and effective implementation of the Convention, and its commitment to promote universalisation of the Convention, to provide resources to fund mine action, and concrete and sustainable assistance to anti-personnel mine victims, their families and communities.

(9) On 4 August 2017 , the Council adopted Decision (CFSP) 2017/1428Council Decision (CFSP) 2017/1428 of 4 August 2017 in support of the implementation of the Maputo Action Plan for the implementation of the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction (OJ L 204, 5.8.2017, p. 101 ). in support of the implementation of the Maputo Action Plan 2014-2019.

(10) On 25 June 2019 , the Council adopted conclusions on an EU position on strengthening the ban against anti-personnel mines in light of the Fourth Review Conference of the Anti-Personnel Mine Ban Convention from 25 to 29 November 2019 in Oslo. The Council considered that, 20 years after its entry into force, the Convention has become a success story of disarmament diplomacy and an example of what the Union stands for: a rules-based international order, rooted in the respect for human rights and international humanitarian law. However, the Council acknowledged that the objectives of the Convention have not yet been achieved in full.

(11) At the Fourth Review Conference of the Convention, held in Oslo in 2019, the States Parties adopted the Oslo Action Plan 2020-2024. The Oslo Action Plan 2020-2024 details the actions States Parties should take during the period 2020 to 2024 to support implementation of the Convention, building on the achievements of the previous Action Plans. As part of its mandate, the ISU supports the States Parties in the implementation of their obligations under the Convention and of their commitments under the Oslo Action Plan 2020-2024,

The High Representative for 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(3) shall be entrusted to the ISU, represented by the Geneva International Centre for Humanitarian Demining (GICHD).

The ISU shall implement the projects referred to in Article 1(3) under the responsibility of the High Representative. For that purpose, the High Representative shall enter into the necessary arrangements with the GICHD.

Council Decision 2012/700/CFSP of 13 November 2012 in the framework of the European Security Strategy in support of the implementation of the Cartagena Action Plan 2010-2014, adopted by the States Parties to the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction (OJ L 314, 14.11.2012, p. 40 ).

Article 1 Article 1 1.To contribute to human security by supporting the implementation of the Oslo Action Plan 2020-2024 (the Oslo Action Plan) adopted by the States Parties at the Fourth Review Conference of the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction (the Convention), in the framework of the European Security Strategy and in accordance with relevant decisions of the international community, the Union shall pursue the following objectives: (a) to support the efforts of States Parties to implement the survey and clearance and mine risk education and reduction aspects of the Oslo Action Plan;(b) to support the efforts of States Parties to implement the victim assistance aspects of the Oslo Action Plan;(c) to promote the universalisation of the Convention and promote norms against any use, stockpiling, production and transfer of anti-personnel mines and on their destruction;(d) to support the efforts of States Parties that retain anti-personnel mines for permitted purposes to increase reporting capabilities, ensure that the number of such mines retained does not exceed the minimum number absolutely necessary, and explore alternatives to live anti-personnel mines for training and research purposes where possible;(e) to demonstrate the ongoing commitment of the Union and its Member States to the Convention and their resolve to cooperate with and extend assistance to those States Parties that need support in meeting their commitments under the Convention, thereby enhancing the leading role of the Union in pursuing the Convention’s vision of a conclusive end to the suffering and casualties caused by anti-personnel mines. 2.The objectives referred to in paragraph 1 shall be pursued in such a way as to reinforce the Convention’s tradition of partnership and collaboration between States, non-governmental organisations and other organisations, including representatives from mine-affected communities. All actions shall ensure an inclusive approach at all levels. 3.In order to achieve the objectives referred to in paragraph 1, the Union shall support the following projects: (a) support for implementation of Article 5 of the Convention, for international cooperation and assistance, and for transparency and exchange of information;(b) support for implementation of victim assistance, for international cooperation and assistance, and for transparency and exchange of information;(c) support for universalisation efforts and for promotion of the Convention’s norms;(d) support for alternatives to the use of live anti-personnel mines for training, and for increased cooperation and assistance;(e) demonstrating the commitment of the Union and its Member States and ensuring their visibility, in particular through annual briefings to publicise the activities provided for in this Decision and their outcomes and through the organisation of a closing event, thereby underlining the Union’s contribution to the implementation of the Convention. 4.A detailed description of the measures to be undertaken in order to meet the objectives referred to in paragraph 1 is set out in the Annex.

Article 2 Article 2 1.The High Representative for the Union for Foreign Affairs and Security Policy (the High Representative) shall be responsible for the implementation of this Decision. 2.The technical implementation of the projects referred to in Article 1(3) shall be entrusted to the ISU, represented by the Geneva International Centre for Humanitarian Demining (GICHD). 3.The ISU shall implement the projects referred to in Article 1(3) under the responsibility of the High Representative. For that purpose, the High Representative shall enter into the necessary arrangements with the GICHD.

Article 3 Article 3 1.The financial reference amount for the implementation of the projects referred to in Article 1(3) shall be EUR 2658139. 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 financed by the amount set out in paragraph 1. For that purpose, it shall conclude a financing agreement with the GICHD, stipulating that the ISU is to ensure identity and visibility of the Union contribution, appropriate to its size. 4.The Commission shall endeavour to conclude the financing agreement 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 the process and of the date of conclusion of the financing agreement. 5.The ISU shall implement the projects referred to in Article 1(3) in accordance with the Decision on strengthening financial governance and transparency within the ISU, taken at the Fourteenth Meeting of the States Parties in 2015. The ISU shall provide, amongst other reporting, narrative and quarterly reports, as well as a logical framework and activity matrix as set out in the Annex.

Article 4 Article 4

Article 5 Article 5 1.This Decision shall enter into force on the date of its adoption. 2.This Decision shall expire 48 months after the date of conclusion of the financing agreement referred to in Article 3(3) or six months after the date of its adoption if no financing agreement has been concluded within that period.

The financial reference amount for the implementation of the projects referred to in Article 1(3) shall be EUR 2658139.

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.

The Commission shall supervise the proper management of the expenditure financed by the amount set out in paragraph 1. For that purpose, it shall conclude a financing agreement with the GICHD, stipulating that the ISU is to ensure identity and visibility of the Union contribution, appropriate to its size.

The Commission shall endeavour to conclude the financing agreement 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 the process and of the date of conclusion of the financing agreement.

The ISU shall implement the projects referred to in Article 1(3) in accordance with the Decision on strengthening financial governance and transparency within the ISU, taken at the Fourteenth Meeting of the States Parties in 2015. The ISU shall provide, amongst other reporting, narrative and quarterly reports, as well as a logical framework and activity matrix as set out in the Annex.

Council Decision (CFSP) 2017/1428 of 4 August 2017 in support of the implementation of the Maputo Action Plan for the implementation of the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction (OJ L 204, 5.8.2017, p. 101 ).

The High Representative shall report to the Council on the implementation of this Decision on the basis of regular reports prepared by the ISU. Those reports shall form the basis for the evaluation by the Council. The Commission shall provide information on the financial aspects of the implementation of this Decision.

This Decision shall enter into force on the date of its adoption.

This Decision shall expire 48 months after the date of conclusion of the financing agreement referred to in Article 3(3) or six months after the date of its adoption if no financing agreement has been concluded within that period.

HAS ADOPTED THIS DECISION: