Council Decision (CFSP) 2017/633
of 3 April 2017
in support of the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects
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,
Whereas:
(1)
On 20 July 2001 the States participating in the United Nations (UN) Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects adopted the UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (‘the UN Programme of Action’). On 8 December 2005 the UN General Assembly adopted the International Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons (‘the International Tracing Instrument’). Both of those international instruments declare that States will cooperate, as appropriate, with the UN to support their effective implementation.
(2)
On 12 July 2002 the Council adopted Joint Action 2002/589/CFSP .
(3)
On 16 December 2005 the European Council adopted the EU Strategy to combat illicit accumulation and trafficking of SALW and their ammunition. That Strategy identifies support for the UN Programme of Action as the first priority for action at international level, and calls for the adoption of a legally binding international instrument on the tracing and marking of small arms and light weapons (‘SALW’) and their ammunition.
(4)
Following the adoption of the International Tracing Instrument, the Union supported its full implementation through the adoption and implementation of Council Joint Action 2008/113/CFSP . The implementation of Joint Action 2008/113/CFSP was assessed positively by the Council.
(5)
On 18 July 2011 the Council adopted Decision 2011/428/CSFP .
(6)
Illicitly obtained small arms have been used for terrorist attacks in Europe.
(7)

The final report of the 2016 Sixth Biennial Meeting of States (‘BMS6’) to Consider the Implementation of the UN Programme of Action notes:
- the need to strengthen the tracing of SALW in conflict and post-conflict situations, including through the provision of capacity-building assistance, for the purposes of identifying and containing the flow of illicit SALW into conflict and post-conflict zones, providing early warning of destabilising flows of such weapons and preventing conflict;
- the opportunity for synergies between projects designed to support implementation of the UN Programme of Action and the International Tracing Instrument and projects related to the Sustainable Development Goals;
- the need to consider, at the Third Review Conference in 2018, the implications for the UN Programme of Action of recent developments in SALW manufacturing, technology and design;
- the need for enhanced dialogue with industry, especially regarding the effective marking of SALW, in light of those recent developments;
- the need to increase national capacity to take account of diversion risks when assessing applications for the authorisation of exports of SALW, and to put in place, where they do not exist, adequate laws, regulations and administrative procedures, consistent with the existing responsibilities of States under relevant international law, to ensure effective control over the export, transit and import of SALW, including the use of end-use certification and effective legal and enforcement measures;
- that the full and effective implementation of the UN Programme of Action helps to prevent the acquisition of SALW by terrorists, thus reducing the potential impact of their attacks,
HAS ADOPTED THIS DECISION:
Council Joint Action 2002/589/CFSP of 12 July 2002 on the European Union's contribution to combating the destabilising accumulation and spread of small arms and light weapons and repealing Joint Action 1999/34/CFSP (OJ L 191, 19.7.2002, p. 1).
Council Joint Action 2008/113/CFSP of 12 February 2008 in support of the International Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons (SALW) in the framework of the EU Strategy to combat the illicit accumulation and trafficking of SALW and their ammunition (OJ L 40, 14.2.2008, p. 16).
Council Decision 2011/428/CFSP of 18 July 2011 in support of United Nations Office for Disarmament Affairs activities to implement the United Nations Programme of Actions to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (OJ L 188, 19.7.2011, p. 37).