Council Decision (CFSP) 2021/2133 of 2 December 2021 in support of the comprehens... (32021D2133)
EU - Rechtsakte: 18 Common Foreign and Security Policy

COUNCIL DECISION (CFSP) 2021/2133

of 2 December 2021

in support of the comprehensive programme on supporting efforts to prevent and combat illicit trafficking of Small Arms and Light Weapons (SALW) and Conventional Ammunition (CA) in South-Eastern Europe

THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty of the 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 19 November 2018, the Council adopted the EU Strategy against illicit firearms, small arms & light weapons (‘SALW’) and their ammunition, entitled ‘Securing Arms, Protecting Citizens’ (the ‘EU SALW Strategy’).
(2) For more than three decades, states in South-Eastern Europe (SEE) have been facing significant risks and challenges related to the destabilising accumulation and uncontrolled spread of illicit Small Arms and Light Weapons (SALW) and Conventional Ammunition (CA) across their borders and throughout their territories. Those risks have wider negative implications for Europe as a whole, and beyond. The EU SALW Strategy states that while significant progress has been made in recent years, especially in South-Eastern Europe, the scale of accumulation of SALW and ammunition, inadequate storage conditions, widespread illicit possession, and gaps in implementation continue to limit the effectiveness of firearms and SALW control efforts in parts of the Western Balkans.
(3) At regional level, the EU SALW Strategy commits the Union and its Member States to provide assistance in strengthening law enforcement capabilities in order to identify, disrupt and prohibit trafficking networks and to prevent firearms from reaching terrorists and criminals via the illicit market, inter alia, by blocking the illicit financing and transport of arms and by enhancing the role of border police, customs and port authorities in tackling illicit arms flows by maritime transport. The Union and its Member States are committed to helping other countries to improve the management and security of state-held stockpiles by strengthening national legislative and administrative frameworks, and by strengthening institutions that regulate the legitimate supply and stockpile management of SALW and ammunition for defence and security forces.
(4) In line with the EU SALW Strategy, the Union will strengthen its dialogue and cooperation with regional organisations working on SALW control, by aligning its activities with regional strategies and action plans.
(5) In 2000, the States participating in the Organisation for Security and Cooperation in Europe (OSCE) adopted the OSCE Document on SALW (1) by which they committed themselves to combatting illicit trafficking of SALW in all its aspects. That Document also emphasises the destabilising effects that the excessive accumulation of SALW and the poor stockpile management and security thereof can have on national, regional and international security.
(6) Furthermore, in 2003, the States participating in the OSCE adopted the OSCE Document on Stockpiles of Conventional Ammunition (SCA) (2) recognising thereby the security and safety risks posed by the excessive accumulation of conventional ammunition. In order to address those risks, they decided to establish a practical procedure for the provision of assistance for the destruction of surplus conventional ammunition and/or upgrading stockpile management and security practices.
(7) The OSCE Documents on SALW and SCA identify destruction as the preferred method for the disposal of surplus SALW and conventional ammunition.
(8) The project supported by this Council Decision will take into account other regional initiatives, in particular the Western Balkans Roadmap (3), the work of the United Nations Development Programme, (UNDP)/the South-Eastern and Eastern Europe Clearinghouse for the Control of Small Arms and Light Weapons (SEESAC), and relevant European Commission activities in SEE related to arms control and illicit arms trafficking.
The project will take place in coordination with the Union’s related assistance to jurisdictions in SEE (Council Decisions (CFSP) 2018/101 (4) and (CFSP) 2017/915 (5)), the regional cooperation with the Western Balkans in the field of SALW-control implemented by UNDP/SEESAC (Council Decisions (CFSP) 2019/2111 (6), (CFSP) 2018/1788 (7) and (CFSP) 2016/2356 (8)), and the EU-SEE law enforcement cooperation in the field of firearms trafficking supported by the DG HOME of the European Commission, the European Union Agency for Law Enforcement Cooperation (Europol), and the European Multidisciplinary Platform Against Criminal Threats (EMPACT).
(9) The Union previously supported OSCE activities by means of Council Decision 2012/662/CFSP (9) in support of activities to reduce the risk of illicit trade in, and excessive accumulation of SALW in the region covered by the OSCE. On 4 August 2017, the Council adopted Decision (CFSP) 2017/1424 in support of OSCE activities to reduce the risk of illicit trafficking and excessive accumulation of small arms and light weapons and conventional ammunition in the Republic of North Macedonia, and in Georgia (10). On 2 December 2019, the Council adopted Decision (CFSP) 2019/2009 (11) in support of Ukraine’s efforts to combat illicit trafficking in weapons, ammunition and explosives, in cooperation with the OSCE.
(10) On 30 June 2018, the third United Nations Conference to Review Progress Made in the Implementation of the UN Programme of Action against illicit Small Arms and Light Weapons adopted an outcome document in which States renewed their commitment to preventing and combating the diversion of small arms and light weapons. States reaffirmed their willingness to pursue international cooperation and to reinforce regional cooperation through improved coordination, consultation, information exchange and operational cooperation, involving relevant regional and sub-regional organisations, as well as law enforcement, border control and export and import licensing authorities.
(11) The United Nations’ General Assembly resolution of 25 September 2015 entitled ‘Transforming our world: the 2030 Agenda for Sustainable Development’ affirms that combating the illicit trade in small arms and light weapons is necessary for the achievement of many sustainable development goals, including those relating to peace, justice and strong institutions, the reduction of poverty, economic growth, health, gender equality and safe cities. Therefore, in Sustainable Development Goal 16.4 thereof, all States have committed to significantly reducing illicit financial and arms flows.
(12) The Agenda for Disarmament entitled ‘Securing our Common Future’, presented on 24 May 2018 by the UN Secretary-General called for addressing the excessive accumulation of and illicit trade in conventional arms and for supporting country-level approaches on small arms,
HAS ADOPTED THIS DECISION:

Article 1

1.   With a view to the implementation of the Union Small Arms and Light Weapons Strategy, the purpose of this Decision is to reduce risks of illicit trafficking in, and the uncontrolled spread of, SALW in, to or from South-Eastern Europe that undermine safety and security by impeding sustainable peacebuilding and socioeconomic development as well as by contributing to a breakdown in order, fuelling terrorism and criminal violence or leading to a resumption of conflict.
2.   Pursuant to paragraph 1, the objectives of this Decision are the following:
a)
to reduce the risk of SALW proliferation and misuse in the Republic of Albania;
b)
to support Bosnia and Herzegovina in mitigating security and safety risks related to the illegal possession, misuse and trafficking of SALW and their ammunition;
c)
to support the strengthening of the existing K-9 capability of the Kosovo 
(
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)
Police and its direct contribution towards the prevention, suppression and investigation of SALW, ammunition, and explosives misuse and trafficking in the Western Balkans;
d)
to reduce the risk of weapon proliferation and misuse of SALW in the Republic of North Macedonia, through increasing the prevention, detection, analysis and investigative capacity of the Ministry of Internal Affairs, and other governmental organisations;
e)
to reduce the risk of unplanned explosions at munitions sites and to reduce the diversion of SALW/SCA from the Ministry of Defence of Montenegro storage sites;
f)
to reduce safety and security risks related to SALW in illegal possession, abuses of legal SALW, and the illicit trafficking of SALW in Serbia;
g)
to assist the OSCE participating States to better plan, implement and, if necessary, strengthen their commitments against the illicit proliferation of SALW/SCA.
3.   The beneficiaries of the project shall be:
a)
authorities in SEE mandated and responsible for preventing and combatting the illicit trafficking of SALW and CA, namely SALW commissions/boards, Ministries of Internal Affairs, and law-enforcement agencies such as the police. Other engaged authorities are the Ministries of Security, prosecutors’ offices, courts and penitentiary services in Bosnia and Herzegovina, as well as the Ministry of Defence in Montenegro. In Serbia, the project also foresees engagement with civil society organisations dealing with SALW control issues (direct beneficiaries);
b)
populations of jurisdictions in SEE and its European neighbourhood that are at risk by the use of illicit SALW and CA in criminal activities, terrorism and violent misuse (indirect beneficiaries);
c)
mandated authorities in the Union and its Member States benefiting from enhanced SALW and CA control capacities in SEE through, inter alia, better information exchanges, as well as coordination and cooperation measures such as risk identification, investigation and tracing, detection and seizure of illicit SALW and CA (indirect beneficiaries).
4.   A detailed description of the project is set out in the Annex to this Decision.

Article 2

1.   The High Representative of the Union for Foreign Affairs and Security Policy (‘HR’) shall be responsible for implementing this Decision.
2.   The technical implementation of the project referred to in Article 1 (the ‘project’) shall be carried out by the OSCE Secretariat.
3.   The OSCE Secretariat shall perform its tasks under the responsibility of the HR. For that purpose, the HR shall enter into the necessary arrangements with the OSCE Secretariat.

Article 3

1.   The financial reference amount for the implementation of the project financed by the Union shall be EUR 4 208 827.
2.   The expenditure financed by the reference 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 that purpose, it shall conclude the necessary financing agreement with the OSCE Secretariat. The financing agreement shall stipulate that the OSCE Secretariat has to ensure the visibility of the Union’s 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 that process and of the date of conclusion of the financing agreement.

Article 4

1.   The HR shall report to the Council on the implementation of this Decision on the basis of regular narrative reports prepared by the OSCE Secretariat. Those reports shall form the basis of the evaluation to be carried out by the Council.
2.   The Commission shall report on the financial aspects of the project referred to in Article 1.

Article 5

1.   This Decision shall enter into force on the date of its adoption.
2.   This Decision shall expire 36 months after the date of conclusion of the financing agreement referred to in Article 3(3). However, it shall expire 6 months after the date of its entry into force if no agreement has been concluded within that period.
Done at Brussels, 2 December 2021.
For the Council
The President
J. VRTOVEC
(1)  FSC.DOC/1/00/Rev.1
(2)  FSC.DOC/1/03/Rev.1
(3)  On 10 July 2018, the Western Balkans Summit in London adopted the ‘Regional Roadmap for a sustainable solution to the illegal possession, misuse and trafficking of SALW/firearms and their ammunition in the Western Balkans by 2024’.
(4)  Council Decision (CFSP) 2018/101 of 22 January 2018 on the Promotion of Effective Arms Export Controls (
OJ L 17, 23.1.2018, p. 40
).
(5)  Council Decision (CFSP) 2017/915 of 29 May 2017 on Union outreach activities in support of the implementation of the Arms Trade Treaty (
OJ L 139, 30.5.2017, p. 38
).
(6)  Council Decision (CFSP) 2019/2111 of 9 December 2019 in support of SEESAC disarmament and arms control activities in South-East Europe reducing the threat of illicit small arms and light weapons and their ammunition (
OJ L 318, 10.12.2019, p. 147
).
(7)  Council Decision (CFSP) 2018/1788 of 19 November 2018 in support of the South-Eastern and Eastern Europe Clearinghouse for the Control of Small Arms and Light Weapons (SEESAC) for the implementation of the Regional Roadmap on combating illicit arms trafficking in the Western Balkans (
OJ L 293, 20.11.2018, p. 11
).
(8)  Council Decision (CFSP) 2016/2356 of 19 December 2016 in support of SEESAC disarmament and arms control activities in South-East Europe in the framework of the EU Strategy to combat illicit accumulation and trafficking of SALW and their ammunition (
OJ L 348, 21.12.2016, p. 60
).
(9)  Council Decision 2012/662/CFSP of 25 October 2012 in support of activities to reduce the risk of illicit trade in, and excessive accumulation of, Small Arms and Light Weapons in the region covered by the Organisation for Security and Cooperation in Europe (OSCE) (
OJ L 297, 26.10.2012, p. 29
).
(10)  
OJ L 204, 5.8.2017, p. 82
.
(11)  Council Decision (CFSP) 2019/2009 of 2 December 2019 in support of Ukraine’s efforts to combat illicit trafficking in weapons, ammunition and explosives, in cooperation with the OSCE (
OJ L 312, 3.12.2019, p. 42
).
(
*
)
  This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.

ANNEX

PROJECT DOCUMENT

OSCE COMPREHENSIVE PROGRAMME ON SUPPORTING EFFORTS TO PREVENT AND COMBAT ILLICIT TRAFFICKING OF SALW AND CA IN SOUTH-EASTERN EUROPE- HR(2021) 138

1.   

Background

For more than three decades, states in South-Eastern Europe (SEE) have been facing significant risks and challenges related to destabilizing accumulation and uncontrolled spread of illicit Small Arms and Light Weapons (SALW) and Conventional Ammunition (CA) across their borders and throughout their territories. These risks have wider negative implications for Europe as a whole, and beyond.
SEE remains an area of concern and an important challenge in the EU Strategy against illicit firearms, Small Arms & Light Weapons (SALW) and their ammunition (the “EU SALW Strategy”). The EU SALW Strategy states that “while significant progress has been made in recent years, especially in south east Europe, the scale of accumulation of SALW and ammunition, inadequate storage conditions, widespread illicit possession and gaps in implementation continue to limit the effectiveness of firearms/SALW control efforts in parts of the western Balkans.”
Thus, with the reference to Western Balkans the EU SALW strategy sets out the comprehensive set of actions such as [...] “to reduce surplus stocks of SALW and ammunition, to reduce illicit possession, to counter diversion and arms trafficking, to improve border controls, to enhance marking, record-keeping and tracing of SALW as well as disposal capacities, to increase awareness, and to support law enforcement capacities, [...], and maintain support for national control systems and take into account relevant regional initiatives for countering illicit SALW and their ammunition such as the Regional Roadmap for a sustainable solution to the illegal possession, misuse and trafficking of SALW/firearms and their ammunition in the Western Balkans by 2024; an initiative that has been supported by France and Germany.”
The legacy of the past conflicts in the region, failures in timely and due implementation of demobilization, disarmament, and reintegration, as well as poorly implemented centralized SALW and SCA control systems manifested in:
illicit SALW and CA trade and proliferation in and across SEE borders;
illegal diversion of SALW and CA;
use of illicit/smuggled SALW and CA in terrorist, criminal activities and violent crimes within the region and beyond;
loss and theft of SALW and CA from official storage sites and caches (and, thereby, their illicit proliferation);
low accountability and transparency in prevention, management, enforcement, and control of SALW and CA.
The OSCE participating States (pS) have agreed to cooperate to address these problems and to do so in a comprehensive way. Specifically, pS have committed themselves to combat illicit trafficking and uncontrolled spread of SALW and CA in line with the provisions of the OSCE documents on SALW (FSC.DOC/1/00/Rev.1) and Stockpiles of CA (FSC.DOC/1/03/Rev.1).
In order to address these challenges and concerns the states of SEE have addressed official assistance requests to the OSCE in the field of SALW and CA control in 2019 (1). These came from the Ministry of Interior of Albania, the Ministry of Security of Bosnia and Herzegovina, the Ministry of Interior of the Republic of North Macedonia, the Ministry of Defence of Montenegro, and the Ministry of Internal Affairs of Serbia.

2.   

Overall objective

To reduce risks of illicit trafficking and uncontrolled spread of SALW in/to/from SEE that undermine safety and security by impeding sustainable peace-building and socio-economic development as well as by contributing to a breakdown in order, fuelling terrorism and criminal violence or leading to a resumption of conflict.

3.   

Description of Action

The action is based through on systematic needs assessment processes implemented in the period of 2019 – 2021. These processes verified assistance requests and confirmed the needs for the OSCE support, namely in strengthening mandated authorities' capabilities in:
information management and exchanges on preventing and combatting illicit trafficking of SALW;
canine (K-9) capacities in detecting and seizing illicit SALW and CA;
awareness raising and advocacy in support of preventing and combatting illicit trafficking of SALW and CA;
SALW deactivation regulative and operational frameworks;
SALW stockpiles management and security.
The action - OSCE comprehensive programme on supporting efforts to prevent and combat illicit trafficking of SALW and CA in South-eastern Europe - consisting of seven OSCE projects, responds to the above requirements in a comprehensive manner also through reinforcing cross-border / regional dynamics in order to prevent and combat illicit trafficking of SALW and CA more efficiently, effectively and with a greater impact. The projects were developed in close cooperation among mandated authorities/institutions, the OSCE Conflict Prevention Centre and the OSCE field operations in SEE.
The OSCE comprehensive programme through its projects supports EU SALW Strategy in particular international cooperation and assistance related to the Western Balkans.
The projects also aim to mitigate and prevent negative effects on sustainable development from the illicit trade in SALW and their ammunition thus reinforce UN Sustainable Development Goals such as:
Goal 05. Achieve gender equality and empower all women and girl (e.g. target 5.2); and
Goal 16. Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels (e.g. targets 16.1, 16.4 & 16.a).
Furthermore, the proposals have been harmonized with the
“Roadmap for a sustainable solution to the illegal possession, misuse and trafficking of SALW and their ammunition in the Western Balkans by 2024”
 (2) as well as coordinated with the relevant stakeholders supporting the Roadmap, and monitoring its implementation. The proposal is also complementary to, and thus supporting the SEE authorities in complying with, the EU Strategy against illicit firearms, SALW and their ammunition (2018) in particular actions in the Western Balkans.

3.1.   

Project 1: Assisting the national authorities of the Republic of Albania to decrease the risk of proliferation and misuse of SALW

3.1.1.   

Objective

The project objective is to reduce risk of SALW proliferation and misuse in the Republic of Albania.

3.1.2.   

Description

The impact of uncontrolled proliferation and possession of SALW, ammunition and explosives continue to constitute a major threat to public safety, social, and economic development in Albania. Poorly controlled and illegal SALW sustain criminal elements and organized crime, by enabling violence and insecurity. All of these aspects have detrimental effects on security and confidence-building measures in the country and the region. Albania requested assistance in October 2019 at the OSCE Forum for Security Cooperation.
The OSCE verified capacities gaps in:
a)
legislative and regulative framework for the deactivation of firearms, and its due implementation with improving infrastructure, equipping and training elements;
b)
canine (K9) services of Albanian State police in detecting SALW, ammunition, and explosives;
c)
raising public awareness on the dangers of misuse and proliferation of SALW.
The EU Council funding will be used to address capacities gaps under items a) through c).
The beneficiaries of the project, in addition to population of Albania, are numerous national authorities with the mandate in the field of SALW control in particular the National SALW commission, the Ministry of Interior of the Republic of Albania (MoI) and the Albanian State Police (ASP).

3.1.3.   

Expected Results

Result 1: The legislative framework of the Republic of Albania on matters of SALW and deactivation is enhanced.
Indicators:
— Existence of a normative framework for SALW control in line with international standards
— Existence of facilities and practice on SALW deactivation operating in line with OSCE commitments and international standards
— Number of trainings and number of people trained to deactivate or oversee deactivation process
Result 2: The capacities of Albanian Police in detecting weapons and explosives are enhanced.
Indicators:
— Existence of a normative framework advancing the K9 capability in line with international standards
— Existence of K9 facilities and infrastructure in line with international standards and OSCE recommendations
— Number of trainings and number of people trained
Result 3: Public awareness on the dangers and SALW and matters of SALW control is increased.
Indicators:
— Number of guidance or regulation document on public awareness and outreach in place (i.e. Communication Strategy on SALW)
— Number of up-to date public awareness and outreach campaigns on the importance of SALW, ammunition and explosives control and on the risks related to their illegal possession and misuse in line with the adopted Communication Strategy on SALW
— Percentage of target audience (disaggregated by sex) who are aware of SALW risks of misuse

3.1.4.   

Activities

3.1.4.1   Activity related to enhancing legislative framework of the Republic of Albania on matters of SALW and deactivation.

The activity will include:
— Support to the development of an bylaw on deactivation and an action plan for its implementation
— Support to the establishment of mechanisms for due implementation and oversight of SALW deactivation
— Support to the development of a Training Manual on SALW deactivation, and provide national and international trainings for the local practitioners

3.1.4.2   Activity related to enhancing the capacities of Albanian Police in detecting illicit weapons and explosives.

The activity will include:
— Developing SOP for the use of K9 capacity in detecting SALW, as well as the K9 Master Plan for the modernization of this capability
— Training programme on the application of the SOP for the use of K9 capacity in detecting SALW
— Equipment assistance and infrastructure upgrades of the K9 unit
— Implementation of infrastructure upgrades for kennels, office facilities and K9 perimeter as well as procurement and handover of equipment for K9 units to increase detection capacity
— Providing platform to promote use of K9 capacities through organization of competitions on national and regional level

3.1.4.3   Activity related to increasing public awareness on the SALW dangers and matters of SALW control

The activity will include:
— Support to the design of a coordinated Awareness Raising and Communication Strategy
— Support to the implementation of the Awareness Raising and Communication Strategy

3.2.   

Project 2: Addressing security and safety risks of illegal possession, misuse and trafficking of SALW and their ammunition in Bosnia and Herzegovina

3.2.1.   

Objective

The project objective is to support Bosnia and Herzegovina (BiH) in mitigating security and safety risks related to illegal possession, misuse and trafficking of SALW and their ammunition.

3.2.2.   

Description

The project addresses high-priority needs specified in the assistance request of the Ministry of Security (2019) and aims to support BiH in mitigating security and safety risks related to illegal possession, misuse and trafficking of SALW, ammunition and explosives – thus contributing to security and stability in the country and the wider region.
The OSCE verified capacities gaps in:
a)
law-enforcement agencies’ (LEA) SALW and ammunition storage infrastructure, including physical security and stockpile management procedures and practices;
b)
institutional awareness raising and outreach on SALW control in support of SALW Control Co-ordination Board (CCB) including methodological approach and monitoring and evaluation toolkit;
c)
LEA canine capabilities for detecting SALW, ammunition and explosives, including their planning, legislative and operational frameworks, equipment and infrastructure as well as training elements;
d)
accessibility to and comparability of SALW-related data necessary for effective policy making and operational response;
e)
SALW deactivation, including legislative and regulative frameworks, training, equipment and infrastructure elements.
The EU Council funding will be used to address capacities gaps under items c) and d).
The beneficiaries of the project, in addition to population of BiH, are numerous national authorities with the mandate in the field of SALW control, namely law enforcement agencies (LEAs) including entity and cantonal ministries of interior (MoIs)/police agencies, SALW CCB, BiH Ministry of Security (MoS), as well as prosecutors’ offices, courts and penitentiary services.

3.2.3.   

Expected Results

Result 1: Law enforcement K9 capabilities for detecting SALW, ammunition, and explosives are strengthened.
Indicators:
— Rate of implementation of developed Master Plan on developing the necessary legislative, infrastructural, and operational framework for K9 units
— Percentage of trainees that demonstrate skills required for effective application of the SOPs
— Number of K9 unites/sites upgraded in accordance with OSCE needs assessment
Result 2: An integrated SALW and ammunition inter-institutional case database and tracking system is developed.
Indicators:
— Degree of interoperability/compatibility of data collection methodologies
— Existence of a functional inter-institutional IT system that enables integrated collection and analysis of data from SALW- and ammunition-related cases

3.2.4.   

Activities

3.2.4.1.   Activity related to strengthening law enforcement K9 capabilities for detecting SALW, ammunition, and explosives.

The activity will include:
— Supporting the organization of working groups and co-ordination meetings to develop a Master Plan for K9 capacity building
— Supporting development of required legislative and operational frameworks for use of K9 capacity in detecting SALW
— Upgrading K9 infrastructure and providing required equipment
— Organizing a training programme on application of the SOP for use of K9 capacity in detecting SALW
— Establishing a platform for promoting use of K9 capacities through organization of competitions on national and regional level

3.2.4.2.   Activity related to developing an integrated SALW and ammunition inter-institutional case database and tracking system.

The activity will include:
— Supporting an assessment of relevant legal and statistical models of law enforcement and judiciary in establishing an integrated SALW and ammunition inter-institutional track record
— Supporting establishment of the BiH SALW track record system
— Organizing training for judiciary and law enforcement users of the SALW tracking system

3.3.   

Project 3: Support to the strengthening of the K-9 capacity of Kosovo

 

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)

police to detect and confiscate SALW, ammunition and explosives

3.3.1.   

Objective

The project objective is to support the strengthening of the existing K-9 capability of Kosovo Police and its direct contribution towards prevention, suppression and investigation of SALW, ammunition, and explosives misuse and trafficking in the Western Balkans.

3.3.2.   

Description

The project was developed against a backdrop of the Kosovo Strategy on Control of SALW accompanying Action Plan. It aims to support the strengthening of the existing K-9 capability of Kosovo Police and its direct contribution towards prevention suppression and investigation of SALW, ammunition, and explosives misuse and trafficking in the Western Balkans.
The project will aim to address verified capacities gaps in K9 services in prevention, suppression and investigation of SALW misuse and trafficking, including regulatory framework, operational use of K9 teams, shortage of human, infrastructural, and transportation resources.
The beneficiaries of the project, in addition to population of Kosovo, is Kosovo police.

3.3.3.   

Expected Result

Result 1: Regulatory and training framework, as well as the infrastructure and equipment of the K-9 unit towards a more efficient and effective prevention, suppression and investigation of SALW, ammunition, and explosives misuse and trafficking is enhanced
Indicators:
— Existence of regulatory and training framework of the K-9 unit
— Existence of upgraded infrastructure and equipment of the K9 unit

3.3.4.   

Activities

3.3.4.1.   Activity related to enhancing regulatory, and training framework, as well as the infrastructure and equipment of the K-9 unit towards a more efficient and effective prevention, suppression and investigation of SALW, ammunition, and explosives misuse and trafficking.

The activity will include:
— Establishment and activities of the Working Group for the improvement of the K-9 capability
— Conduct study visits with counterparts that have an advanced system for using detection dogs for SALW, ammunition and explosives
— Provide support to the Training Division of the beneficiary in drafting the Training Plan, develop a training methodology that will be fully integrated into the K9 Units SOP for training and K9 operations, and build a training expert circle
— Support the provision of necessary infrastructure and equipment necessary for the training, tactical, and operational performance of the K- 9 Unit
— Delivering specialized and advanced training for dog handlers

3.4.   

Project 4: Assisting the national authorities of the Republic of North Macedonia to decrease the risk of weapon proliferation and misuse of SALW

3.4.1.   

Objective

The project objective is to reduce the risk of weapon proliferation and misuse of SALW in the Republic of North Macedonia through increasing the prevention, detection, analysis and investigative capacity of the Ministry of Internal Affairs and other Governmental organizations.

3.4.2.   

Description

The project was developed to respond to the assistance request by the Government of the Republic of North Macedonia (2019) to strengthen the capacities of the National Commission on SALW and building the capabilities of the Police department, K9 Unit in detecting weapons and explosives.
The OSCE verified capacities gaps in:
a)
operational K9 capacity of the Ministry of Internal Affairs in detecting illicit proliferation of SALW;
b)
intra- and, inter-institutional and cross-border co-operation and coordination mechanism in prevention and combating illicit trafficking of SALW;
c)
analysis of the SALW control issues on strategic and operational levels;
d)
coordinated public outreach and awareness on risks related to misuse of SALW in the Republic of North Macedonia, including efforts being made by the National SALW commission.
The EU Council funding will be used to address capacities gaps under items a), b) and c).
The beneficiaries of the project, in addition to population of the Republic of North Macedonia, are numerous national authorities with the mandate in the field of SALW control, namely the national SALW commission (3), the Ministry of Internal Affairs (MoIA) and Police.

3.4.3.   

Expected Result

Result 1: The Republic of North Macedonia’s Ministry of Internal Affairs (MoIA) and SALW Commission regulatory, operational and inter-agency co-operation capacities to combat/address SALW proliferation are enhanced.
Indicators:
— Existence of a regulatory framework on K9
— Number of K9 regional services in place and with a functional capacity
— Real time information exchange is in place within the police and with PCCC-SEE countries
— Percentage of target audience (disaggregated by sex) who are aware of SALW risks of misuse of firearms
— Number of women and men reached by awareness raising events

3.4.4.   

Activities

3.4.4.1.   Support to increasing illicit SALW detection capacity of the MoIA through the efficient deployment of K9 assets

The activity will include:
— Equipment assistance and infrastructure upgrades of the K9 service units at central and regional level, including upgraded SALW storage and IT infrastructure at up to five (5) sites (armouries), collocated with K-9 units of the Ministry of Interior of the Republic of North Macedonia
— Developing SOP and updating regulations for the use of K9 capacity in detecting SALW
— Training programme on the application of the SOP for the use of K9 capacity in detecting SALW
— Providing platform to promote use of K9 capacities through organization of competitions on national and regional level

3.4.4.2.   Support to piloting of the real-time information exchange system in combatting illicit trafficking in SALW

The activity will include:
— Equipment assistance, physical infrastructure and ICT upgrades of the information exchange systems at five (5) selected Police and Customs Cooperation Centres (PCCC)
— Developing SOP on real time information exchange related to SALW incidents
— Training programme on the application of the SOP on real time information exchange related SALW incidents
— Staff exchange program (traineeship)
— Organising Police and Customs Cooperation Centre conference

3.4.4.3.   Support to advancing National SALW Commission’s operational and analytical capabilities in combatting illicit trafficking in SALW

The activity will include:
— Organizing inter-agency co-operation workshop on SALW control regime
— Developing Orientation Manual for the members of the Commission
— Analysis of the state of the control of SALW, including elaborating SOP on data collection, information tracking and reporting as well as developing Case Management System to facilitate analysis on SALW

3.5.   

Project 5: Mitigation of safety and security risks related to SALW/SCA in Montenegro

3.5.1.   

Objective

The project objective is to reduce the risk of unplanned explosions at munitions sites and diversion of SALW/SCA from the Ministry of Defence of Montenegro storage sites.

3.5.2.   

Description

Montenegro faces the risks of unplanned explosions at munitions sites, illicit trafficking and uncontrolled spread of SALW/SCA. This has been confirmed throughout various OSCE expert visits in recent years. The MoD Montenegro has addressed those issues in its Master Document which provides the desired end state. The transparent disposal of surplus Weapons and Explosive Ordnance and the development of a sustainable Life-Cycle Management system for weapons, explosives and ordnance (WEO). Montenegro has requested assistance in 2019 at the OSCE FSC.
The OSCE verified capacities gaps in:
a)
ensuring life cycle management approach for SALW and conventional ammunition, including continuous training and knowledge transfer, ammunition surveillance framework and inter-institutional coordination and cooperation;
b)
safe conventional ammunition transportation in line with international standards.
The EU Council funding will be used to address capacities gaps under items a) and b).
The beneficiaries of the project, in addition to population of Montenegro, are the Ministry of Defence and Armed Forces of Montenegro.

3.5.3.   

Expected Results

Result 1: Strategic, training and coordination capacities of the Ministry of Defence and other accountable and equitable government bodies in the field of SALW/SCA management is enhanced
Indicators:
— Number of MoD personnel in the relevant educational / training institutions and operational units with advanced capacities in supporting the management and handling of SALW/SCA;
— Number of SALW/SCA activities co-ordinated by Montenegro through designated bodies;
— Existence of an ad interim control body
Result 2: Capabilities to transport SALW/SCA in a safe and secure way according to the ADR treaty are increased.
Indicators:
— Number of project beneficiary personnel with increased competency in SALW/SCA transportation
— Existence of a SALW/SCA transportation system embedded in the organisational framework
— ADR compliance requirements analysis with recommendations presented to MoD Montenegro

3.5.4.   

Activities

3.5.4.1   Activity related to enhancing strategic, training and coordination capacities of the Ministry of Defence and other accountable and equitable government bodies in the field of SALW/SCA management.

The activity will include:
— Transfer of knowledge on international good practice within the area of SALW/SCA management
— Advisory and Co-ordination for MoD Montenegro Program in selected areas of a sustainable life cycle management of SALW/SCA
— Technical Advisory on national SALW/SCA management control mechanisms

3.5.4.2   Activity related to train and equip programme in establishing SALW/SCA transportation capabilities in Montenegro, in conformity with ADR treaty (European Agreement concerning the International Carriage of Dangerous Goods by Road).

The activity will include:
— Generate jointly with the MoD Montenegro a requirements analysis in order to fully comply with the ADR treaty
— Procurement of two ADR compliant trucks including familiarisation training, maintenance and spare parts contract

3.6.   

Project 6: Addressing safety and security risks related to illicit possession, misuse and trafficking of SALW in Serbia

3.6.1.   

Objective

The project objective is to reduce safety and security risks related to SALW in illegal possession, abuses of legal SALW and illicit trafficking of SALW.

3.6.2.   

Description

The project was developed to respond to the assistance request by the Ministry of Interior (MoI) of Serbia (2019) to address the challenges of uncontrolled proliferation and illicit possession of SALW that creates a major threat to security and safety in Serbia. These challenges contribute to the spread of crime and serious organized crime, by acting as the enablers of violence, threatening behaviour and terrorism. They also have a similarly negative effect on confidence-building measures in the country and as a threat in the context of gender-based violence.
The OSCE verified needs in combatting illicit trafficking in SALW:
a)
strengthening the police capacities to conduct awareness-raising on SALW control and collection campaigns, thus contributing to decreasing the amount of weapons in illegal possession, hindering the misuse of SALW, while increasing the safety of Serbia’s citizens;
b)
strengthening the K9 capacity of the Ministry of Interior in detecting weapons and explosives, by i) establishing the necessary legal framework, ii) assessing and developing capacities, and iii) procurement of special equipment and building infrastructure,
c)
amendments to the Law on Weapons and Ammunition, and the Rulebook on Deactivation of Weapons, by a) assessing capacities and technical possibilities; and b) providing technical assistance in the drafting of the rulebook.
The EU Council funding will be used to address capacities gaps under items a) through c).
The beneficiaries of the project, in addition to population of Serbia, are the SALW council, the Ministry of Interior, the Police and civil society organizations engaged in SALW control issues.

3.6.3.   

Expected Results

Result 1: The Ministry of the Interior (MoI) partnership with civil society organizations and a mechanism for public awareness for preventing the misuse of SALW are established.
Indicators:
— Number of awareness initiatives at national and local level on the dangers of SALW proliferation
— Existence and use of mechanisms for multi-agency co-operation
— Number of public social announcements broadcasted on national and local TV and radio stations
— Number of young individuals from targeted cities that are informed on the dangers of SALW through seminars and informative materials
Result 2: The legal framework on deactivation is improved and harmonized with international standards and best practices
Indicators:
— International standards and best practices are shared with the Working Group
— Existence of draft regulations that incorporate inputs and recommendations
— The drafts regulations are consulted with CSO
Result 3: The MoI’s K9 units’ capacities in detection of SALW, ammunition and explosives are enhanced in compliance with human rights standards.
Indicators:
— Existence of a work plan for the capacities improvement of the MoI’s K9 units
— Number of meetings on inter-agency cooperation, information sharing and interoperability of K9 Police Units and other key law enforcement stakeholders in detection of SALW, ammunition and explosives
— Existence of an improved K9 training methodology and curricula in line with international standards
— Number of K9 training instructors and handlers trained in line with international standards

3.6.4.   

Activities

3.6.4.1.   Activity related to establishing MoI partnership with CSO and a mechanism for public awareness in preventing the misuse of SALW.

The activity will include:
— Expert meeting on building partnerships with electronic and print media, and identifying mechanisms for preventing misuse of SALW
— Establish a Social Media Platform and support media campaigns on prevention of SALW proliferation and responsible gun ownership
— Conduct advocacy activities at national and community level

3.6.4.2.   Activities related to the legal framework on deactivation is improved and harmonized with international standards and best practices

The activity will include:
— Providing expert advice and logistical support to the working group meetings on deactivation
— Assessment of the current deactivation legislation and an evaluation of its practical implementation
— Workshop on best practices and lessons learned in the drafting and implementation of deactivation normative framework
— Train and equip programme for SALW deactivation

3.6.4.3.   Activities related to enhancing the MoI’s K9 units’ capacities in detection of SALW, ammunition and explosives in compliance with human rights standards

The activity will include:
— Providing expert advice and support to the WG meetings for improving K9 capabilities
— Developing work plan for the capacities improvement of the MoI’s K9 units
— Construction, procurement and delivery of equipment and services for K9 units
— Capacity building for the use and deployment of K9 units in prevention and investigation of trafficking of SALW, ammunition and explosives through advisory support, exchange programme and training methodology development
— Organization of specialized training courses for the service dogs and handlers on deployment and detection of SALW, ammunition, and explosives
— Conduct a Regional Consultation Workshop on good practices in deployment and participation in police actions

3.7.   

Project 7: Strengthening OSCE action against the Illicit proliferation of SALW and SCA - Phase 2

 (4)

3.7.1.   

Objective

The project objective is to assist the OSCE participating States to be able to better plan, implement and, if necessary, strengthen their commitments against the illicit proliferation of SALW/SCA.

3.7.2.   

Description

The project was developed against the backdrop of the OSCE Ministerial Council tasking of the Forum for Security Co-operation (MC.DEC/10/17), in accordance with its mandate, in particular to:
— continue to strengthen efforts to fully implement the existing measures and commitments set out in the OSCE Document on SALW, the OSCE Document on SCA, and related FSC decisions;
— continue further steps to improve the efficiency and outcome of SALW and SCA projects to ensure the maximum possible value in dealing with the challenges associated with SALW and SCA in line with the OSCE assistance mechanisms as outlined in the OSCE Documents on SALW and SCA and relevant FSC decisions;
— explore ways to prevent the diversion of SALW and SCA to illicit markets;
— explore ways to complement the existing OSCE measures aimed at addressing the illicit trafficking of SALW;
— continue providing extra-budgetary contributions on a voluntary basis to support FSC assistance projects on SALW and SCA;
— explore possibilities to provide, where appropriate, voluntary expert advice in OSCE assistance projects on SALW and SCA by pS having specific knowledge.
Even though the project setup entails wider engagement with all pS in relation to SEE it aims to support assessing the needs and requirements of OSCE pS and field operations (FOs) in the region in support of implementation of SALW/SCA practical assistance projects and advisory programmatic support. The pS and FOs in SEE will also benefit from the project’s IT system to support the monitoring, overview, and implementation of SALW/SCA practical assistance projects.
Additionally, the project will provide coordination and project management support to six (6) OSCE FOs in implementing the OSCE comprehensive programme on supporting efforts to prevent and combat illicit trafficking of SALW and CA in SEE.
The beneficiaries of the project, in addition to population of pS in SEE, are mandated government authorities in the field of SALW control (such as SALW commission, Ministry of Interior, Police, Ministry of Defence) and the OSCE Field Operations.

3.7.3.   

Expected Result

Result 1: OSCE SALW/SCA normative framework and implementation of corresponding practical assistance projects is advanced.
Indicators:
— Existence of a baseline and a mechanism for continuous verification of needs and requirements in the field of SALW/SCA
— Existence of a web-based IT platform containing real-time information related to the portfolio of OSCE SALW/SCA assistance projects

3.7.4.   

Activities

3.7.4.1.   Assessment of the needs and requirements of OSCE pS, OSCE Secretariat and field operations in support of the implementation of SALW/SCA practical assistance projects in SEE

The activity will include:
— Needs assessment of OSCE SALW/SCA practical assistance requesting states and supporting the overview process
— Needs assessment of OSCE SALW/SCA donor / resources providing states and supporting the overview process
— Strategic advisory and programmatic support to OSCE pS and OSCE FOs’ through practical assistance projects’ lessons learnt mechanism
— Overall coordination and management support to SALW/SCA control projects and activities in SEE

3.7.4.2.   Developing, testing and rolling out of the IT system to support the monitoring, overview, and implementation of SALW/SCA practical assistance projects

The activity will include:
— Developed modern and accessible web application to integrate information about all OSCE assistance projects from multiple sources, including technical, financial, geographic and thematic data as well as supporting documents. This information will allow the donors to and participating States in SEE to better plan, implement, and strengthen their political and financial commitments against the illicit proliferation of SALW and SCA

4.   

Project management and administrative support for the implementation of the action

Dedicated project personnel in the OSCE Secretariat’s Conflict Prevention Centre (CPC) /Forum for Security Cooperation (FSC) Support Unit (SU) and in six (6) OSCE field missions in SEE will manage the implementation of the action and its related projects’ activities as set out in Section 3. The CPC/FSC Support Unit will ensure coordination with and provide subject-matter advisory support to the OSCE field missions in SEE through the Project 7; this will include monitoring and evaluation of the programme.
The CPC/FSC SU and field missions will through their dedicated project personnel — organised in project implementation teams —further support cooperation and coordination with the international community at the regional and jurisdiction levels, inter alia, within the framework of the Western Balkans SALW Control Roadmap.
The dedicated project personnel will perform the following tasks:
— managing projects through all steps of the project cycle,
— carrying out day-to-day financial oversight of the projects,
— providing technical and legal expertise, supporting projects’ procurements,
— engaging and coordinating with other international organisations and programmes,
— carrying out quality assurance and quality control of the approved projects’ deliverables,
— supporting jurisdictions in SEE in developing new measures to strengthen capacities and collective efforts in preventing and combating illicit trafficking of SALW and CA.

5.   

Gender

The gender mainstreaming perspectives have been integrated in all stages of the projects’ design, development and implementation. The main premise applied has been that the use, misuse, and the effects of SALW and CA affect women and men, boys and girls differently. Mainstreaming gender needs has been tailored to the specific contexts and type of assistance foreseen within the projects as well as has been based on a situational analysis that takes gender perspectives into account.
The OSCE’s ‘gender marker’ tool has been applied in design of projects, but also in tracking progress in implementation of gender mainstreaming through project management cycle. Great majority of proposed projects have gender equality as a significant objective or are fully gender mainstreamed.

6.   

Beneficiaries

The direct beneficiaries of the action will be authorities in SEE mandated and responsible for preventing and combatting illicit trafficking of SALW and CA. Primarily targeted authorities are: SALW commission/board, the Ministry of Internal Affairs and law-enforcement agencies such as police. Other engaged authorities are the Ministry of Security, prosecutors’ offices, courts and penitentiary services in Bosnia and Herzegovina as well as the Ministry of Defence in Montenegro. While in Serbia, the project foresees engagement with civil society organizations dealing with SALW control issues.
The indirect beneficiaries of the action are populations of jurisdictions in SEE and its European neighbourhood that are at risk by the use of illicit SALW and CA in criminal activities, terrorism and violent misuse.
The EU and its Member States mandated authorities will also be indirect beneficiaries of the projects as they will benefit from enhanced SALW and CA control capacities in SEE through, inter alia, better information exchanges as well as coordination and cooperation measures such as risk identification, investigation and tracing, detection and seizure of illicit SALW and CA.

7.   

Union visibility

OSCE shall take all appropriate measures to publicise the fact that the action has been funded by the Union. Such measures will be carried out in accordance with the Commission’s Communication and Visibility Manual for European Union External Actions. OSCE will thus ensure the visibility of the Union’s contribution with appropriate branding and publicity, highlighting the role of the Union, ensuring the transparency of its actions and raising awareness of the reasons for the Decision as well as Union support for the Decision and the results of this support. Material produced by the project will prominently display the European Union flag in accordance with Union guidelines for the accurate use and reproduction of the flag.
Given that planned activities vary greatly in scope and character, a range of promotional tools will be used, including: traditional media; websites; social media; and informational and promotional materials including infographics, leaflets, newsletters, press releases and others, as appropriate. Publications, public events, campaigns, equipment and construction works procured under each project will be branded accordingly. To further amplify the impact by raising awareness among various jurisdictions and populaces, the international community and local and international media, each of the project target groups will be addressed using the appropriate language.
Union visibility will be implemented on the level of jurisdictions through engagement of the OSCE field missions as well as OSCE-wide through the Secretariat.

8.   

Duration

Based on the experience of implementing Council Decisions (CFSP) 2017/1424 and (CFSP) 2019/2009, and taking into consideration the broad scope of the action, the number of beneficiaries and the number and the complexity of planned activities, the timeframe for implementation is 36 months.

9.   

Technical implementing entity

The technical implementation of this programme is entrusted to the OSCE Secretariat’s CPC / FSC SU and six (6) OSCE field missions in SEE with the former also holding the coordination role. Where applicable, advisory support will be provided by the Transnational Threats Department (TNTD) within the OSCE Secretariat. The OSCE Secretariat’s CPC / Programming and Evaluation Support Unit is engaged as an observer in the Steering Committee.

10.   

Steering Committee

The Steering Committee for this action will be composed of representatives of the High Representative, of the EU Delegations in jurisdictions and of the implementing entities referred to in the chapter 4 of this Annex.
The implementing entity, thereby helped by the Steering Committee will ensure that the implementation of the project happens in coordination with the EU’s other related assistance to jurisdictions in SEE, such as German Federal Office for Economic Affairs and Export Control (BAFA) (supported by the Council Decisions (CFSP) 2018/101 (5) and (CFSP) 2017/915 (6)), the regional cooperation with the Western Balkans in the field of SALW-control implemented by UNDP/SEESAC (supported by Council Decisions (CFSP) 2019/2011 (7), (CFSP) 2018/1788 (8) and (CFSP) 2016/2356 (9)), and the EU-SEE law enforcement cooperation in the field of firearms trafficking (supported by the Commission’s DG HOME, Europol and EMPACT firearms).
The Steering Committee will on a regular basis invite representatives from jurisdictions’ partners in SEE. The Steering Committee can also invite representatives of entities involved in projects in SEE that have a similar or related objective. The Steering Committee will review the implementation of this Decision regularly, at least once every 6 months, including by the use of electronic means of communication.

11.   

Reporting

Reporting, narrative as well as financial, shall cover the whole of the action described in the relevant contribution-specific agreement and its attached budget, regardless of whether this action is wholly financed or co-financed by the Council Decision.
The OSCE will mainstream reporting to the EC/EU through the CPC / FSC SU, namely the project implementation team within the Project 7.
(1)  With respect to Kosovo*, due to status considerations, the restrictions and requirements of the formal OSCE procedure do not apply as such for potential projects there. Therefore, under the guidance of the OSCE Mission in Kosovo (OMIK) several projects will be implemented in support to assistance requests from the local authorities/institutions. (*This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence).
(2)  The Roadmap was developed based on the Joint Statement of the Deputy Ministers of Interior and Deputy Ministers of Foreign Affairs in South-Eastern Europe, and the Roadmap elements, both adopted in the Podgorica Meeting on 1 February 2018. It was officially adopted at the EU-Western Balkans Summit in London on 10 July 2018.
(
*
)
  This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence
(3)  National authorities participating in the national SALW commission: Ministry of Economy, Ministry of Justice, Ministry of Trade and Social Policy, Ministry of Defence, Ministry of Education and Science, Ministry of Finance, Customs, Ministry of Agriculture, Forestry & Water Economy.
(4)  Project elements supporting SALW/SCA efforts in SEE.
(5)  Council Decision (CFSP) 2018/101 on the Promotion of Effective Arms Export Controls (
OJ L 17, 23.01.2018, p. 40
).
(6)  Council Decision (CFSP) 2017/915 on Union outreach activities in support of the implementation of the Arms Trade Treaty (
OJ L 139, 30.05.2017, p. 38
).
(7)  Council Decision (CFSP) 2019/2111 of 9 December 2019 in support of SEESAC disarmament and arms control activities in South-East Europe reducing the threat of illicit small arms and light weapons and their ammunition (
OJ L 318, 10.12.2019, p. 147
).
(8)  Council Decision (CFSP) 2018/1788 of 19 November 2018 in support of the South-Eastern and Eastern Europe Clearinghouse for the Control of Small Arms and Light Weapons (SEESAC) for the implementation of the Regional Roadmap on combating illicit arms trafficking in the Western Balkans (
OJ L 293, 20.11.2018, p. 11
).
(9)  Council Decision (CFSP) 2016/2356 of 19 December 2016 in support of SEESAC disarmament and arms control activities in South- East Europe in the framework of the EU Strategy to combat illicit accumulation and trafficking of SALW and their ammunition (
OJ L 348, 21.12.2016, p. 60
).
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