Select Committee on European Scrutiny Thirty-First Report


31 EU and Non-proliferation of Weapons of Mass Destruction

(27512)

Draft Council Joint Action in Support of the Implementation of UN Security Council Resolution 1540

Legal baseArticle 14 EU; unanimity
DepartmentForeign and Commonwealth Office
Basis of considerationEM and letter of 24 May 2006
Previous Committee ReportNone
To be discussed in Council12 June General Affairs and External Relations Council
Committee's assessmentPolitically important
Committee's decisionCleared

Background

31.1 As the Council secretariat explains in its note (annexed to this Report) on the EU Strategy against the Proliferation of Weapons of Mass Destruction (WMD), the European Security Strategy "A secure Europe in a better world", which was adopted by the European Council in December 2003, identified the proliferation of weapons of mass destruction as a key threat for EU security — hence the subsequent adoption of the Strategy against WMD proliferation.

The draft Joint Action

31.2 As the Minister for Europe (Mr Geoffrey Hoon) explains in his 24 May 2006 Explanatory Memorandum, on 28 April 2004 the UN Security Council unanimously adopted resolution 1540, which he describes as "a major piece of the international non-proliferation architecture". He continues his explanation as follows:

    "The resolution requires states to put in place a range of non-proliferation measures from prohibiting WMD possession and use to controlling transit, transport and storage of WMD and related materials. The resolution also called upon all states to present, no later than October 28 2004, a first report to the Committee of the Security Council established pursuant to resolution 1540 (the 1540 Committee) on steps they have taken or intend to take to implement the resolution."

31.3 He goes on to say that, on 27 April 2006, the UNSC adopted a further resolution (UNSCR 1673) extending the mandate of the 1540 Committee for two years and decided that "the Committee should intensify its efforts to promote the full implementation of UNSCR 1540 through outreach, assistance and co-operation". He then says that it also invited the 1540 Committee:

    "to explore with states and international, regional and sub-regional organisations sharing lessons learned, and the availability of programmes which might facilitate the implementation of UNSCR 1540.

    "Support to UNSCR 1540 is a key element for implementation of the EU WMD Strategy agreed on 12 December 2003. The draft Joint Action is a direct response to UNSC calls to intensify efforts to promote the full implementation of 1540 and focuses in providing support through projects aimed at:

(i) Raising awareness about the requirements related to UNSCR 1540 and the importance of this international non-proliferation instrument

(ii) Contributing to strengthening the target state's national administration capacities."

31.4 He says that projects will be monitored through regular reports prepared by the United Nations Secretariat (Department for Disarmament Affairs) and support will be targeted towards regions where the gaps in implementation of the resolution are greatest. Workshops are currently planned for China, Peru and Ghana. The EU financial contribution would be given to the UN and will "as a general rule" only cover the expenses for target states and if possible, of regional and sub-regional organisations.

The Government View

31.5 The Minister says:

    "Resolution 1540 plays an important role in preventing the proliferation of WMD, their means of delivery and related materials, in particular by non-state actors and terrorists. The submission of national reports to the 1540 Committee is an essential tool for informing the Security Council about progress in global implementation of resolution 1540. It also allows a better understanding of how nations are meeting the challenges posed by WMD proliferation and gives the Committee a fuller understanding of where states require assistance in implementation of the resolution.

    "The preparation of a national report requires considerable effort and technical knowledge on behalf of states. Technical assistance and the exchange of experience on the process of drafting national reports and adoption of measures to implement 1540 can directly contribute to increased compliance with reporting obligations. The UK and Argentina co-hosted the first regional dialogue with members of the Committee since the resolution's adoption in April 2004. 27 countries participated in this event, which was generally considered to be a resounding success. The proposed seminars are successors to this event and fully consistent with UK efforts to assist and encourage all states to meet fully their international obligations under UNSCR 1540."

31.6 The Minister also notes that this would be the first Joint Action in support of UNSCR 1540 and that it is consistent with the EU Strategy against the Proliferation of Weapons of Mass Destruction.

31.7 Finally, the Minister says that the total cost of the project is limited to €200,000, of which the UK share will be €34,000 (£23,700, based on the 17% UK share of the CFSP budget); and that the Presidency hopes to gain agreement at the 12 June 2006 General Affairs and External Relations Council in order to release funds in time for the first scheduled seminar in Beijing in early June.

The Minister's letter

31.8 In his separate letter of 24 May 2006, in addition to again explaining the context and purpose of the proposed Joint Action, the Minister says that the Presidency put the draft of the Joint Action before the Non-Proliferation Working Group on 17 May and asked for it to be adopted at the 12 June GAERC, which he says:

    "is earlier scheduling than we had anticipated. Without the draft text, we have not been able to inform Parliament about definitive costs of the programme until now, even though we were aware that the initiative was under consideration. My officials in Brussels have raised the problem of the limited time that is available for national parliamentary scrutiny and asked whether agreement of the Joint Action might be postponed. However, the Presidency tell us that agreement is needed at the 12 June GAERC if funds are to be released in time for the first seminar in Beijing."

31.9 He notes that we would be overseas immediately after the Whitsun recess (in Helsinki, on the Committee's customary visit to the incoming Presidency, for discussions on its priorities) and says that:

    "In light of the value the UK attaches to UNSCR 1540 and the considerable efforts we have undertaken on a national level to encourage full implementation of this important piece of the non-proliferation architecture, I hope the Committee will understand if I am reluctant to postpone the Decision before scrutiny by both Committees has been completed. However, should your Committee find time to consider the memorandum while in Helsinki, I would be very grateful."

Conclusion

31.10 We acknowledge the thought behind the Minister's suggestion, but it is not practicable, since not all members of the Committee were on the visit in question. Moreover, that the notion of this type of support for to UNSCR 1540 has been in play for some time makes the short notice puzzling, since despite what the Minister says about wanting to clarify uncertainty about costs, they were plainly never going to be more than tiny. It is perhaps more a reflection of that small project size and of a small-country Presidency team dealing with a lot of other related business (the report of our last meeting, when three other items of ESDP business were submitted on the basis of unofficial or non-existent texts). In any event, it is a further indication of the problems around the timely and effective scrutiny of Common Foreign and Security Policy/European Security and Defence Policy, about which the Committee has expressed concern on a number of occasions over the years and in evidence to the Modernisation Committee.

31.11 We shall continue the conversation with the Minister when he next gives evidence to us. In the meantime, we do not object to his having joined the consensus on the Joint Action on this occasion and in the circumstances he describes, and clear the document.


 
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Prepared 26 June 2006