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

Type Decision
Publication 2019-12-03
Last updated 2024-06-24
State Expired
Department Council of the European Union
Source EUR-Lex
articles 5
Reform history JSON API

Article 1

1.

The purpose of this Decision is to strengthen the capacities of the State Border Guard Service of Ukraine, the Ministry of Internal Affairs of Ukraine and the State Fiscal Service/State Customs Service of Ukraine in combating illicit trafficking in weapons, ammunition and explosives in Ukraine.

2.

Pursuant to paragraph 1, the objectives of this Decision are the following:

3.

Pursuant to paragraph 2, the Union shall support the following actions:

4.

The beneficiaries of the project shall be the national authorities of Ukraine responsible for preventing and combatting illicit trafficking in weapons, ammunition and explosives. The primarily targeted national authorities are: the State Border Guard Service, the Ministry of Internal Affairs and the National Police of Ukraine, which reports to the Ministry of Internal Affairs, and the State Fiscal Service/State Customs Service. Other mandated national authorities, such as the Security Service of Ukraine, shall be engaged on a case-by-case basis.

5.

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 5 151 579 .

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 half-yearly 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 on 21 January 2025.

ANNEX

OSCE COMPREHENSIVE PROGRAMME ON SUPPORTING UKRAINE’S EFFORTS TO COMBAT ILLICIT TRAFFICKING IN WEAPONS, AMMUNITION AND EXPLOSIVES

1. Background

In recent years, Ukraine has been facing significant safety and security risks and challenges related to the spread of illicit weapons, ammunition and explosives (WAE) across its borders and on its territory. These have been in particular aggravated by the crisis in and around Ukraine and have been manifested in the illegal possession, misuse and trafficking in WAE.

Ukraine 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 ‘the current instability in Eastern Europe has raised the level of illicit trafficking of firearms in various countries in the region, such as Ukraine. This presents a significant long-term security threat to both Ukraine and the EU. Cooperation between the EU and Ukraine on this issue is thus of mutual interest. The EU is pursuing its bilateral engagement with Ukraine and other countries in the region and systematically integrates the fight against illicit SALW into any dialogue on security matters with partner countries in the neighbourhood.’.

Thus, with the reference to Eastern Neighbourhood in general and Ukraine in particular the EU SALW strategy sets out the following actions:

Based on the initial request of the State Border Guards Service of Ukraine (SBGS) made in May 2016, the OSCE Secretariat carried out the ‘Needs Assessment for Combatting the Illicit Trafficking in Weapons, Ammunition and Explosives in/and Across Ukraine’s Borders’ (the ‘needs assessment’). The needs assessment, published in April 2018, involved several WAE regulating, law-enforcement and security ministries and agencies. It revealed that the current approach to detecting and curbing illicit trafficking in WAE within and across Ukraine’s borders is proving challenging. The support in terms of human and technical resources development, clearly understood legislation and inter-agency level coordination, as well as international support and cooperation needs to be enhanced. The needs assessment also established the baseline for providing technical assistance and institutional support to develop the capacities of the Ukrainian authorities in their efforts to combat trafficking in WAE in a holistic and sustainable way.

On 7 June 2018, the main WAE regulating, law-enforcement and security ministries and agencies in Ukraine confirmed the results of the needs assessment at a high-level meeting organised in Kyiv. They reiterated clearly understood current and looming threats of illicit trafficking in WAE and commitments to improve the situation on the ground. This included endorsing the road-map, developed through the needs assessment, which supports an integrated, comprehensive and cooperative approach for effective capacities development and work of the system to combat illicit trafficking in WAE in Ukraine.

On 12 March 2019, the same authorities met at the second high-level meeting organised in Kyiv whereby the progress on discussing challenges, actual needs and initiatives related to combating illicit trafficking in WAE in Ukraine and across its borders has been clearly noted. Moreover, the national and international commitments to strengthen action have also been made at the meeting.

Several law-enforcement and security ministries and agencies have officially, in written form, expressed interest and requested cooperation with the OSCE Secretariat in supporting Ukraine’s efforts to combat illicit trafficking in WAE, namely the SBGS in May 2016, the State Fiscal Service (SFS)/State Customs Service (SCS) in July 2018, and the Ministry of Internal Affairs of Ukraine in March 2019. These ministries and agencies have addressed the OSCE Project Coordinator in Ukraine to support practical implementation of project activities by mid-September 2019.

2. Overall objective

To strengthen the capacities of Ukrainian authorities in preventing and combating illicit trafficking in weapons, ammunition and explosives.

3. Description of Action

The action is based on the findings and recommendations of the OSCE Secretariat’s ‘Needs Assessment for Combatting the Illicit Trafficking in WAE in/and Across Ukraine’s Borders’. Moreover, it was further developed in response to the explicit cooperation and assistance requests addressed to the OSCE Secretariat and the OSCE Project Coordinator in Ukraine (PCU) by the SBGS, the SFS and the Ministry of Internal Affairs of Ukraine. The requests were followed by comprehensive technical consultations between the OSCE and the mentioned state actors.

In close cooperation with the relevant Ukrainian authorities, the OSCE prepared three projects addressing various aspects of their mandates related to combatting illicit trafficking in WAE. The projects are combined into a unified comprehensive programme with a view to strengthen the overall safety and security in Ukraine. The comprehensive programme supports the EU Strategy against illicit firearms, small arms & light weapons (SALW) and their ammunition (2018) in particular actions in the Eastern Neighbourhood.

3.1.   Project 1: Supporting the State Border Guard Service of Ukraine in preventing and combating illicit trafficking in weapons, ammunition and explosives (WAE)

3.1.1.   Objective

The project objective is to assist the State Border Guard Service of Ukraine (SBGS) to enhance their capacity in preventing and combatting illicit trafficking in WAE.

3.1.2.   Description

The SBGS is one of the law enforcement agencies in Ukraine mandated to combat illicit WAE trafficking. It is vested with the responsibilities to ensure inviolability of state borders and protection of sovereign rights of Ukraine within its exclusive (maritime) economic zone.

The project will aim to address verified capability gaps within the SBGS by means of: (a) training, technical and operational capacity development for preventing and combatting illicit trafficking of WAE; and (b) transfer of international good practices and information exchanges in particular in relation to EU Member States, Western Balkan partners and states in the neighbourhood.

3.1.3.   Expected Result

Result 1: Enhanced SBGS capabilities in preventing and combating illicit trafficking in WAE

Indicators:

3.1.4.   Activities
3.1.4.1.   Comprehensive Training Programme in preventing and combatting illicit trafficking in WAE for the SBGS corresponding to the needs identified in the needs assessment

The activity will include:

3.1.4.2.   Equipment assistance programme in preventing and combating trafficking in WAE for the SBGS corresponding to the needs identified in the needs assessment

This activity will include:

3.1.4.3.   Canine assistance programme in preventing and combatting illicit trafficking in WAE for the SBGS corresponding to the needs identified in the needs assessment

This activity will include:

3.2.   Project 2: Supporting the Ministry of Internal Affairs of Ukraine (MIA) and the National Police of Ukraine, which reports to the MIA, in preventing and combatting illicit trafficking of weapons, ammunition and explosives

3.2.1.   Objective

The project objective is to assist the MIA and the NPU, which reports to the MIA, in preventing and combatting illicit trafficking in WAE.

3.2.2.   Description

The MIA is one of the key national authorities in Ukraine that not only regulates and controls the licit use of the WAE, but executes operational and coordinative measures in preventing and combatting illicit trafficking in WAE either directly or through its subordinated agencies.

The project addresses verified capabilities gaps within the MIA to effectively prevent and combat illicit trafficking in WAE by supporting improvement of the MIA’s: (a) supervisory capacities in controls of the legal manufacture, marking and record-keeping of WAE; (b) operational capacities in forensics, analysing, detecting and investigating the illicit trafficking in WAE; (c) legislative mechanisms for regulating and controlling the legal circulation and use of WAE as well as raised awareness on illegal possession, misuse and trafficking in WAE; and (d) coordinative and cooperative mechanisms to support joint strategic and operational approaches in prevention and combatting illicit trafficking in WAE with the other relevant national agencies.

3.2.3.   Expected Results

Result 1: Enhanced supervisory capacities of the MIA in their control of manufacture, marking and record-keeping of WAE corresponding to the needs identified in the needs assessment.

Indicators:

Result 2: Enhanced operational capacities of the MIA and the NPU in forensics, analysis, detection, tracing, and investigation of illicit trafficking in WAE

Indicators:

Result 3: Enhanced capacities of the MIA for improvement of legislative mechanisms for regulating and controlling the circulation and use of WAE as well as raised public awareness on risks related to illegal possession, misuse and trafficking in WAE corresponding to the needs identified in the needs assessment.

Indicators:

Result 4: Enhanced inter-agency coordination and cooperation resulting in developing strategic approach, data-collection and analysis in preventing and combatting illicit trafficking in WAE in Ukraine corresponding to the needs identified in the needs assessment.

Indicators:

3.2.4.   Activities
3.2.4.1.   Promotion and transfer of international and European standards and good practices for the control of manufacture, marking and record-keeping of WAE in Ukraine, including on the prevention of illicit manufacture of WAE including through illicit re-activation, conversion or other methods.

This activity will include:

3.2.4.2.   Development and roll-out of the uniform electronic WAE classifier and its integration into WAE registry

This activity will include:

3.2.4.3.   Promotion of good practices and knowledge transfer in the field of forensics and investigations of illicit trafficking in WAE

This activity will include:

3.2.4.4.   Promotion of good practices, knowledge transfer and equipment assistance programme in countering and detection of illicit trafficking in WAE for the NPU

This activity will include:

This activity will include:

3.2.4.6.   Promoting improvement of legislative mechanisms for regulating and controlling the circulation and use of WAE and its implementation.

This activity will include:

3.2.4.7.   Promoting development of strategic approach in prevention and combatting illicit trafficking in WAE in Ukraine

This activity will include:

3.2.4.8.   Promoting development of inter-agency data-collection, analysis and dissemination system on illicit ownership, misuse and illicit trafficking in WAE

This activity will include:

3.3.   Project 3: Supporting the State Fiscal Service/State Customs Service of Ukraine (SFS/SCS) in preventing and combatting illicit trafficking of WAE

3.3.1.   Objective

The project objective is to assist the SFS/SCS to enhance their capacity in preventing and combatting illicit trafficking of WAE.

3.3.2.   Description

The SFS/SCS is mandated to prevent and counteract smuggling and to fight against violations of customs regulations at the points of passage through the state border of Ukraine, in the territories of sea and river ports, airports, at railway stations and other places determined by the Customs Code of Ukraine. This includes measures to prevent and counteract illicit trafficking in WAE.

The project will aim to address verified capability gaps within the SFS in: (a) training, technical and operational capabilities in combatting illicit trafficking of weapons, ammunition and explosives; and (b) transfer of international good practices and information exchanges in particular in relation to EU Member States, Western Balkan partners and states in the neighbourhood.

3.3.3.   Expected Results

Result 1: Enhanced SFS/SCS capacities in preventing and combatting illicit trafficking of WAE

Indicators:

3.3.4.   Activities
3.3.4.1.   Comprehensive Training Programme in combatting illicit trafficking of WAE for SFS/SCS corresponding to the needs identified in the needs assessment.

This activity will include:

3.3.4.2.   Equipment assistance programme in preventing and combating trafficking of WAE for SFS/SCS corresponding to the needs identified in the needs assessment.

This activity will include:

3.3.4.3.   Canine assistance programme in preventing and combatting illicit WAE for SFS/SCS

This activity will include:

4. Project management and administrative support for the implementation of the action

Dedicated project personnel in the OSCE Secretariat and in the office of the OSCE Project Coordinator in Ukraine will coordinate and manage the implementation of the action and its related projects’ activities as set out in Section 3. The dedicated project personnel — organised in project management and implementation teams — will further support development of the collaborative framework between Ukrainian partners as well as cooperation and coordination with the international community.

The dedicated project personnel will perform the following tasks:

5. Gender

In order to increase the effectiveness of WAE control policies and to ensure that their implementation improves security for both women and men, the gender perspective will be integrated into the actions supported by this decision and addressed through technical advice and expertise, development of knowledge products and training.

6. Beneficiaries

The direct beneficiaries of the action will be the national authorities of Ukraine responsible for preventing and combatting illicit trafficking in WAE. Primarily targeted national authorities are: MIA, including its expert and licensing services, NPU, SBGS and SFS/SCS. Other mandated national authorities — such as Security Service of Ukraine — will be engaged on case by case basis.

The indirect beneficiaries of the action will be the populations in Ukraine and its European neighbourhood that are at risk by the use of illicit WAE in criminal activities, terrorism and violent misuse.

The EU and its Member States will also be indirect beneficiaries of the project as they will benefit from the feedback of the Ukrainian authorities on the identified trafficking routes of illicit weapons,

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 the project will be branded accordingly. To further amplify the impact by raising awareness among various national governments and the public, the international community and local and international media, each of the project target groups will be addressed using the appropriate language.

8. Duration

Based on the experience of implementing Decision (CFSP) 2017/1424, 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 Decision will be entrusted to the OSCE Secretariat-Conflict Prevention Centre (CPC) and the OSCE PCU. The OSCE will implement the activities under this Decision in coordination and cooperation with other international organisations and agencies, in particular with a view to ensuring effective synergies and avoiding duplications of activities.

10. Steering Committee

The Steering Committee for this project will be composed of representatives of the High Representative, of the EU Delegation in Kiev and of the implementing entity referred to in paragraph 6 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 Ukraine, such as the Integrated Border Management Strategy (supported by the Commission’s European Neighbourhood Instrument), the regional cooperation with the Western Balkans in the field of SALW-control implemented by UNDP/SEESAC (supported by Council Decisions (CFSP) 2018/1788 ([^E0001]) and (CFSP) 2016/2356 ([^E0002])), the EU-UA law enforcement cooperation in the field of firearms trafficking (supported by the Commission’s DG HOME, Europol and EMPACT firearms), the work of Conflict Armament Research in Ukraine (supported by Council Decision (CFSP) 2017/2283 ([^E0003])), the EU’s Common Security and Defence Policy missions EUAM Ukraine and EUBAM Moldova and Ukraine and their support activities for border control, and the International Organisation on Migration’s (IOM) work on Disarmament, Demobilisation and Reintegration of ex-fighters (supported by the Commission’s Instrument contributing to Stability and Peace). The Steering Committee will on a regular basis invite representatives of the Ukrainian governmental partners. The Steering Committee can also invite representatives of entities involved in projects in Ukraine 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.

[^E0001]: 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).

[^E0002]: 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).

[^E0003]: Council Decision (CFSP) 2017/2283 of 11 December 2017 in support of a global reporting mechanism on illicit small arms and light weapons and other illicit conventional weapons and ammunition to reduce the risk of their illicit trade (‘iTrace III’) (OJ L 328, 12.12.2017, p. 20).

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