理事会决定2012/700/CFSP,为支持卡塔赫纳2010至2014年行动计划的实施的欧洲安全战略的框架,采用关于禁止杀伤地雷的使用、储存、生产和转让以及相关销毁杀伤地雷的1997年的成员国公约

技术法规类型:欧盟Eurlex法规 来源:tbtmap

EURLEX ID:32012D0700

OJ编号:OJ L 314, 14.11.2012, p. 40-46

中文标题:理事会决定2012/700/CFSP,为支持卡塔赫纳2010至2014年行动计划的实施的欧洲安全战略的框架,采用关于禁止杀伤地雷的使用、储存、生产和转让以及相关销毁杀伤地雷的1997年的成员国公约

原文标题: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

分类:18_共同的对外政策和防务政策

文件类型:二级立法 Decision|决定

生效日期:2012-11-13

废止日期:2058-12-31

法规全文:查看欧盟官方文件

HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 314/40
EN
Official Journal of the European Union
14.11.2012
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
THE COUNCIL OF THE EUROPEAN UNION,
(7) On
3
December
2009,
the
States
Parties
to
the
Convention adopted the Cartagena Action Plan 2010-
2014 (‘the Cartagena Action Plan’) on the universali
Having regard to the Treaty on European Union, and in
sation and implementation of all aspects of the
particular Articles 26(2) and 31(1) thereof,
Convention. They thereby recognised and further
encouraged the full participation in and contribution to
the implementation of the Convention by the Inter
national Campaign to Ban Landmines (‘the ICBL’), the
Whereas:
International Committee of the Red Cross (‘the ICRC’),
national Red Cross and Red Crescent societies, Inter
national Federation of Red Cross and Red Crescent
(1) The
Union
should
aim
for
a
high
degree
of
cooperation
Societies (‘the IFRC’), the UN, the Geneva International
in all fields of international relations, in order, inter alia,
Centre for Humanitarian Demining (‘the GICHD’), inter
to preserve peace, prevent conflicts and strengthen inter
national and regional organisations, mine survivors and
national security, in accordance with the purposes and
their organisations, and other civil society organisations,
principles of the United Nations Charter.
as provided for in action No 62 of the Cartagena Action
Plan.
(2) On
12
December
2003,
the
European
Council
adopted
the European Security Strategy identifying global chal
lenges and threats, and calling for a rule-based inter
(8) On
3
December
2010,
the
States
Parties
to
the
national order based on effective multilateralism and
Convention adopted the ‘Directive of the States Parties
well-functioning international institutions.
to the Implementation Support Unit’ (‘the ISU’) in which
the States Parties agreed that the ISU should provide
advice and technical support to States Parties on the
(3) The
European
Security
Strategy
acknowledges
the
United
implementation and universalisation of the Convention,
Nations Charter as the fundamental framework for inter
facilitate communication among the States Parties, and
national relations and advocates strengthening the United
promote communication and information regarding the
Nations (‘the UN’) and equipping it to fulfil its responsi
Convention both towards States not parties to the
bilities and to act effectively.
Convention and to the public. The ISU was mandated
to liaise and coordinate as appropriate with relevant
international organisations participating in the work of
the Convention, including the ICBL, the ICRC, the IFRC,
(4) United
Nations
General
Assembly
Resolution
51/45
of
10 December 1996 urged all States to pursue vigorously
the UN and the GICHD.
an effective, legally-binding international agreement to
ban the use, stockpiling, production and transfer of
anti-personnel mines.
(9) On
2
December
2011,
the
United
Nations
General
Assembly adopted Resolution 66/29 on the implemen
tation of the Convention on the Prohibition of the Use,
(5)
The Convention on the Prohibition of the Use, Stock
Stockpiling, Production and Transfer of Anti-Personnel
piling, Production and Transfer of Anti-Personnel Mines
Mines and on Their Destruction. The General Assembly
and on Their Destruction (‘the Convention’) was opened
recalled that at the Second Review Conference of the
for signature on 3 December 1997 and entered into
Convention the international community had reviewed
force on 1 March 1999. It constitutes the only compre
the implementation of the Convention, and that the
hensive international instrument dealing with all aspects
States Parties to the Convention had adopted the
of anti-personnel mines, including their use, stockpiling,
Cartagena Action Plan, stressing the importance of the
production, trade, clearance and victim assistance.
full and effective implementation of, and compliance
with, the Convention, including through the implemen
tation of the Cartagena Action Plan. The States Parties to
(6) On
23
June
2008
the
Council
adopted
Joint
Action
the Convention invited all States that had not yet done
2008/487/CFSP ( 1 ) in support of the universalisation
so to ratify or accede to the Convention, and urged all
and implementation of the Convention. As of
States to remain seized of the issue at the highest
1 October 2012, 160 States have expressed their
political level and to promote adherence to the
consent to be bound by the Convention.
Convention through bilateral, sub-regional, regional and
multilateral contacts, outreach, seminars and other
( 1 ) OJ L 165, 26.6.2008, p. 41.
means.

EN
14.11.2012 Official
Journal
of
the
European
Union L
314/41
(10) In
2012
and
2013,
Meetings
of
the
States
Parties
to
the
(c) Universalisation of the Convention: supporting a high level
Convention will take place. The international community
task force, producing a study on border security without
will then gather in 2014 for the Convention’s Third
anti-personnel mines, and organising up to three universali
Review Conference to assess progress in the implemen
sation workshops;
tation of the Cartagena Action Plan. By that time it will
be expected that the implementation of the Action Plan
will have brought about a substantial contribution to
(d) Demonstrating the commitment of the Union: staging
progress towards ending the suffering and casualties
launch and wrap-up events, ensuring the accessibility of
caused by anti-personnel mines,
the Convention’s website, making the victim assistance
commitments of the States Parties to the Convention
widely available, organising a press visit, and producing
HAS ADOPTED THIS DECISION:
communications materials and publications.
A detailed description of the projects is set out in the Annex.
Article 1
1. With
a
view
to
supporting
the
implementation
of
the
Article 2
Cartagena Action Plan 2010-2014 (‘the Cartagena Action
Plan’) adopted by the States Parties to the 1997 Convention
1. The
High
Representative
of
the
Union
for
Foreign
Affairs
on the Prohibition of the Use, Stockpiling, Production and
and Security Policy (‘the High Representative’) shall be
Transfer of Anti-Personnel Mines and on Their Destruction
responsible for the implementation of this Decision.
(‘the Convention’), in the framework of the European Security
Strategy and in line with relevant decisions of the international
2. The
technical
implementation
of
the
projects
referred
to
in
community, the Union shall pursue the following objectives:
Article 1(3) shall be carried out by the Implementation Support
Unit (‘the ISU’), represented by the Geneva International Centre
(a) supporting the efforts of States Parties to the Convention to
for Humanitarian Demining (‘the GICHD’). The ISU shall
implement the victim assistance aspects of the Cartagena
perform these tasks under the control of the High Represen
Action Plan;
tative. For this purpose, the High Representative shall enter into
the necessary arrangements with the GICHD.
(b) supporting the efforts of States Parties to the Convention to
Article 3
implement the mine clearance aspects of the Cartagena
Action Plan;
1. The
financial
reference
amount
for
the
implementation
of
the projects referred to in Article 1(3) shall be EUR 1 030 000.
(c) promotion of the universalisation of the Convention;
2. The
expenditure
financed
by
the
amount
stipulated
in
paragraph 1 shall be managed in accordance with the
procedures and rules applicable to the general budget of the
(d) demonstrating the ongoing commitment of the Union and
Union.
its Member States to the Convention and their resolve to
cooperate with, and extend assistance to, those States that
need support in meeting their commitments under the
3. The
Commission
shall
supervise
the
proper
management
Convention, and enhancing the leading role of the Union
of the expenditure referred to in paragraph 1. For this purpose,
in pursuing the Convention’s vision of a conclusive end to
it shall conclude a financing agreement with the GICHD, stipu
the suffering and casualties caused by anti-personnel mines.
lating that the ISU is to ensure visibility of the Union
contribution, appropriate to its size.
2. All
the
objectives
referred
to
in
paragraph
1
shall
be
pursued in such a way that they reinforce the Convention’s
4. The Commission shall endeavour to conclude the
historic culture of partnership and collaboration between
financing agreement referred to in paragraph 3 as soon as
States, non-governmental and other organisations and local
possible after the entry into force of this Decision. It shall
partners, particularly by working closely with relevant actors
inform the Council of any difficulties in that process and of
to enhance specific manifestations of such a collaboration.
the date of conclusion of the financing agreement.
Article 4
3. In
order
to
achieve
the
objectives
referred
to
in
paragraph
1, the Union shall undertake the following projects:
The High Representative shall report to the Council on the
implementation of this Decision on the basis of regular
reports to be prepared by the ISU. Those reports shall form
(a) Victim assistance: providing technical support in up to eight
the basis for the evaluation by the Council. The Commission
instances, carrying out up to five mid-term appraisals and
shall provide information on the financial aspects of the imple
executing up to five follow-up actions;
mentation of this Decision.
Article 5
(b) Mine clearance: carrying out up to five mid-term appraisals
and executing up to five follow-up actions;
This Decision shall enter into force on the day of its adoption.

L 314/42
EN
Official Journal of the European Union
14.11.2012
It shall expire 24 months after the date of conclusion of the financing agreement referred to in Article 3(3)
or six months after the date of its entry into force if no financing agreement has been concluded within that
period.
Done at Brussels, 13 November 2012.
For the Council
The President
V. SHIARLY

EN
14.11.2012 Official
Journal
of
the
European
Union L
314/43
ANNEX
1. Objective
The overall objective of this Decision is the promotion of peace and security by supporting the implementation of
the Cartagena Action Plan, regarding the universalisation and implementation of all aspects of the Convention.
2. Description
of
the
projects
In order to achieve the objectives referred to in Article 1(1) of this Decision, the Union will undertake the
following projects:
2.1. Victim
assistance
2.1.1. P r o j e c t o b j e c t i v e
States Parties to the Convention are supported in implementing the victim assistance aspects of the Cartagena
Action Plan in such a way that they are better able to coordinate and implement activities which will result in a
meaningful positive difference in the lives of women, men, girls and boys who have fallen victim to landmines and
other explosive remnants of war.
2.1.2. P r o j e c t d e s c r i p t i o n
— National technical support will be provided by the ISU in up to three instances, including by initiating and/or
supporting inter-ministerial processes to implement victim assistance obligations in national contexts, to States
Parties to the Convention that either (a) have engaged little in the effort to implement the victim assistance
elements of the Cartagena Action Plan and therefore could benefit from a stimulus to begin doing so, or (b)
have established, or are well on the way to establishing a national plan and therefore would have some
implementation experience to assess, thus rendering themselves more likely to be candidates for a compre
hensive national mid-term appraisal of efforts to implement the Cartagena Action Plan.
— Comprehensive national mid-term appraisals, in up to three instances, will be made. Those appraisals will
involve the ISU, in collaboration with key actors such as the ICBL, assisting beneficiary States in drawing up a
detailed background paper for a national workshop, organising a national workshop, and drafting a detailed
outcome document constituting the ‘appraisal’ in which remaining challenges will be outlined, objectives set
and recommendations made.
— Follow-up actions, in up to three instances, will be undertaken in response to recommendations contained in
the mid-term appraisals. Those follow-up actions will involve the provision by the ISU of additional technical
support (e.g. for the revision of national plans, the development of a project proposal or proposals, etc.).
— A global, high level conference on assistance to the victims of landmines and other explosive remnants of war
will be organised by the ISU, in collaboration with key actors such as the ICBL, with the aim of building upon
the experience of assisting victims in the context of the Convention in order to take advantage of potential
synergy/efficiencies with regard to the implementation of international instruments (e.g. the Convention on
Cluster Munitions (CCM), Protocol V to the Convention on Prohibitions or Restrictions on the Use of Certain
Conventional Weapons which may be Deemed to be Excessively Injurious or to have Indiscriminate Effects
(CCW) and the Convention on the Rights of Persons with Disabilities (CRPD)) which deal with the same subject
matter and affected States.
2.1.3. P r o j e c t r e s u l t s
— Beneficiary States of technical support which have engaged little in the effort to implement the victim
assistance aspects of the Cartagena Action Plan will identify a focal point which will further advance with
the implementation of victim assistance obligations and participate in subsequent Convention activities.
— Each beneficiary State of technical support in all instances will be provided with a report containing recom
mendations on the logical next steps it could take in implementing the victim assistance aspects of the
Cartagena Action Plan.
— Beneficiary States of technical support in five instances will have the concept paper developed and a list of
participants proposed for national workshops to take place as part of a mid-term appraisal.
— Beneficiary States of mid-term appraisals will receive a detailed outcome document setting out the remaining
challenges, with objectives and recommendations for further action.
— Beneficiary States of follow-up support will be better able to express their intentions to fulfil the Cartagena
Action Plan commitments and their need for support (e.g. for the revision of national plans, the development
of a project proposal or proposals, etc.).

L 314/44
EN
Official Journal of the European Union
14.11.2012
— Ways will be identified to take advantage of potential synergy/efficiencies with regard to the implementation of
international instruments (e.g. CCM, Protocol V to the CCW and CRPD) which deal with the same subject
matter and affected States.
— Awareness of the global effort to address the needs and guarantee the rights of survivors through broad
participation in a high-level conference will be raised.
2.1.4. B e n e f i c i a r i e s
— States Parties to the Convention which have reported their responsibility for significant numbers of landmine
survivors.
— Women, men, girls and boys who have fallen victim to landmines and other explosive remnants of war, as well
as their families and communities.
2.2. Mine
clearance
2.2.1. P r o j e c t o b j e c t i v e
States Parties to the Convention are supported in implementing the mine clearance aspects of the Cartagena Action
Plan in such a way that they are better able to complete mine clearance implementation in as short a period of
time as necessary to enable individuals, communities and nations to benefit from land once considered dangerous
being returned for normal human activity.
2.2.2. P r o j e c t d e s c r i p t i o n
— Comprehensive national mid-term appraisals, in up to five instances, will be made. Those appraisals will
involve the ISU, in collaboration with key actors such as the ICBL, and with the support of the GICHD,
assisting beneficiary States in drawing up a detailed background paper for a national workshop, organising a
national workshop, and drafting a detailed outcome document constituting the ‘appraisal’ in which remaining
challenges will be outlined, objectives set and recommendations made.
— Follow-up actions, in up to three instances, will be undertaken in response to recommendations contained in
the mid-term appraisals. Those follow-up actions will involve either the provision of additional technical
support by the ISU (e.g. for the revision of national plans, the development of a project proposal or proposals,
etc.) or the organisation of south-south exchange visits for beneficiary States to benefit mutually from lessons
learned and improve future implementation.
2.2.3. P r o j e c t r e s u l t s
— Beneficiary States of mid-term appraisals will receive a detailed outcome document setting out the remaining
challenges, with objectives and recommendations for further action.
— Beneficiary States of follow-up support will be better able to express their intentions to fulfil the Cartagena
Action Plan commitments and their need for support (e.g. for the revision of national plans, the development
of a project proposal or proposals, etc.), and beneficiary States will have enhanced understanding of particular
aspects of mine clearance implementation.
2.2.4. B e n e f i c i a r i e s
— States Parties to the Convention, other than Member States, which are in the process of implementing their
mine clearance obligations under the Convention.
— Women, men, girls and boys whose lives are affected by the presence or suspected presence of anti-personnel
mines, as well as their families and communities.
2.3. Universalisation
of
the
Convention
2.3.1. P r o j e c t o b j e c t i v e
Barriers to adherence to the Convention are addressed in such a way that advances are made towards universali
sation of the Convention by States not parties to the Convention.
2.3.2. P r o j e c t d e s c r i p t i o n
— A High Level Task Force on the universalisation of the Convention will be supported by the ISU, including
support for high-level personalities to engage with the leaders of up to six States not parties to the Convention.
Task Force members will participate in up to two other events to draw attention to ongoing efforts to
universalise and implement the Convention.

EN
14.11.2012 Official
Journal
of
the
European
Union L
314/45
— A study on border security without anti-personnel mines will be produced by the ISU, working with those
having expertise in this area and building on work carried out by the ICRC in the mid-1990s. A study report
will be made accessible in various ways, including translation, production of summaries, production of
materials in accessible formats, etc.
— Universalisation workshops, in up to three instances, will be organised by the ISU, in collaboration with key
actors such as the ICBL and the Coordinator of the Convention’s informal Universalisation Contact Group.
Those workshops will take place at the national, sub-regional or regional levels to promote the Convention
amongst States and to assist States not parties to the Convention in addressing real or perceived barriers to
accession, particularly by making use of the study report on border security without anti-personnel mines.
2.3.3. P r o j e c t r e s u l t s
— Up to six States not parties to the Convention will be engaged with at ministerial or a higher level regarding
adherence to the Convention.
— Updated knowledge on the anti-personnel mine policies of States not parties to the Convention will be
obtained. That information will be used in the preparation of substantive documents for the Third Review
Conference, including through a comprehensive report on progress made towards achieving the aims of
universalising the Convention, as well as scope for further progress.
— Advocacy on the part of States Parties to the Convention and non-governmental organisations will be
revitalised on the basis of follow-up actions resulting from High Level Task Force visits.
— Increased knowledge will be amassed and compiled in a publication which addresses the most frequently raised
perceived barriers to accession to the Convention and which can be used to support universalisation efforts.
— Progress will be made towards accession to the Convention and/or an embracing of its norms by States not
parties to the Convention which have been engaged with.
2.3.4. B e n e f i c i a r i e s
— States, other than Member States, which have not yet ratified, approved, accepted, or acceded to, the
Convention.
— States Parties to the Convention and non-governmental and international organisations involved in efforts to
promote the universalisation of the Convention.
2.4. Demonstrating the commitment of the Union
2.4.1. P r o j e c t o b j e c t i v e
— The ongoing commitment of the Union and its Member States to the Convention is demonstrated as is their
resolve to cooperate with, and extend assistance to, those States that need support in meeting their
commitments under the Convention, and 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 is enhanced.
2.4.2. P r o j e c t d e s c r i p t i o n
— A launch event will be staged to promote this Decision, and a wrap-up event will be organised to publicise the
activities provided for in this Decision and their outcomes, thereby underlining the Union contribution.
— Taking into account the importance of disseminating the awareness of the commitments made by the States
Parties to the Convention at the Cartagena Conference and of ways and means of implementing them, as well
as the need in those efforts to take into account a variety of audiences (e.g. different language audiences,
persons with disabilities), the Convention’s website will be audited to ensure that high standards of accessibility
are in place and the ISU’s existing publication documenting the victim assistance commitments made by the
States Parties to the Convention are translated and published on the Convention’s website to extend the
availability of those commitments in different languages.
— A press visit will be organised to a mine-affected country in advance of the Convention’s Third Review
Conference in 2014.
— Communications materials (e.g. posters, advertising, video footage, publicity materials, etc.) will be acquired to
take advantage of communications opportunities that arise.
2.4.3. P r o j e c t r e s u l t s
— Officials of the Union and its Member States will be aware of this Decision and how it may relate to their
work.
— The reach of understandings on victim assistance within the States Parties to the Convention will be extended,
particularly in French-speaking mine-affected countries.
— Information on the Convention will be made more accessible.

L 314/46
EN
Official Journal of the European Union
14.11.2012
— Exposure of the commitment of the Union to the Convention will be increased, and awareness of, and
appreciation for, this Decision will be created and sustained, as demonstrated by press reports acknowledging
the Union’s commitment and reporting appreciation for it made by States Parties to the Convention at their
meetings.
— Awareness of continuing efforts to promote the universalisation of the Convention will be raised.
2.4.4. B e n e f i c i a r i e s
States Parties to the Convention and non-governmental and international organisations, their representatives and
other individuals interested or engaged in the effort to implement the Convention.

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