Proposal for a Council Decision concerning the signing of the United Nations protocol, annexed to the convention against transnational organised crime, on the illicit manufacturing of and trafficking in firearms, their parts, components and ammunition, on behalf of the European Community

(presented by the Commission)

EXPLANATORY MEMORANDUM

In response to the Commission's recommendations, the Council authorised the Commission to negotiate, in respect of matters for which the Community is competent, the draft United Nations Convention against transnational organised crime, [1] supplemented by three Protocols on combating trafficking in persons, especially women and children, the smuggling of migrants by land, air and sea, [2] and illicit manufacturing of and trafficking in firearms and munitions. [3] The provisions of this latter Protocol that concerned Community powers were those concerning the marking of firearms, record-keeping, import, export and transit licensing, border controls, brokers, and deactivation of firearms.

[1] Decision of 2 May 2000.

[2] Decision of 14 February 2000.

[3] Decision of 31 January 2000.

One of the most important negotiating directives given by the Council to the Commission was preparing for the accession of the Community to the Convention and its Protocols, given Community competence for certain aspects of the instruments in question.

The draft Convention and Protocols resulting from the Commission's negotiations provide that regional economic integration organisations, and hence the European Community, may become members.

The Conference at which the Convention and the Protocols was signed was held in Palermo from 12 to 15 December 2000. The fifteen Member States of the European Union and the European Community signed the instruments.

The draft Firearms Protocol was finalised at the twelfth session of the ad hoc Committee responsible for preparing the instruments for the fight against organised crime, held in Vienna from 26 February to 2 March 2001, and adopted by the United Nations General Assembly on 31 May 2001. It will be open for signature by States and regional economic integration organisations from the thirtieth day following its adoption, at the headquarters of the United Nations in New York.

As the Member States have stated that they will sign the instruments as soon as possible, the European Community, which has the power to implement certain of its provisions, should be in a position to sign as well. To that end, the Presidency of the Council must designate the persons empowered to sign the Protocol on behalf of the European Community.

The proposal for a Council decision presented by the Commission contains a sole Article authorising the President of the Council to designate the persons empowered to sign, on behalf of the European Community, the United Nations Protocol, annexed to the Convention against transnational organised crime, on the illicit manufacturing of and trafficking in firearms, their parts, components and ammunition.

The Commission accordingly proposes that the Council adopt the attached Decision.

2001/0151 (ACC)

Proposal for a Council Decision concerning the signing of the United Nations Protocol, annexed to the Convention against transnational organised crime, on the illicit manufacturing of and trafficking in firearms, their parts, components and ammunition, on behalf of the European Community

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 95 and 133 thereof, read in conjunction with the first subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) The elements of the Protocol which are subject to Community competence were negotiated by the Commission, with the approval of the Council, on behalf of the Community.

(2) The Council also instructed the Commission to negotiate the accession of the Community to the international agreement in question.

(3) Negotiations were successfully concluded and the resulting instrument will be open for signing by the States and, within their areas of competence, by regional organisations for economic integration.

(4) The Member States having stated that they will sign the instrument as soon as possible, the European Community should also be able to sign,

HAS DECIDED AS FOLLOWS:

Sole Article

1. The President of the Council is authorised to designate the persons who are empowered, on behalf of the Community, to sign the Protocol, annexed to the Convention against transnational organised crime, on the illicit manufacturing of and trafficking in firearms, their parts, components and ammunition.

2. The text of the Protocol is annexed to this Decision.

Done at Brussels,

For the Council

The President