9 Chemical Weapons
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| Common Position to support the Organisation for the Prohibition of Chemical Weapons under the EU strategy against the proliferation of Weapons of Mass Destruction
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| Legal base | Article 15 EU; unanimity
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 13 June 2007
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| Previous Committee Report | None; but see (28303) HC 41-viii (2006-07), para 9 (30 January 2007) and (26080) HC 42-xxxvi (2003-04), para 15 (10 November 2004)
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| To be discussed in Council | 28 June 2007 Environment Council
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| Committee's assessment | Politically important
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| Committee's decision | Cleared, but further information requested
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Background
9.1 The Chemical Weapons Convention (CWC) bans the development,
production, stockpiling, transfer and use of chemical weapons
and requires their destruction. It entered into force on 29 April
1997. It is the first multilateral disarmament agreement which
aims to ban an entire category of Weapons of Mass Destruction
(WMD) in a verifiable manner. The Organisation for the Prohibition
of Chemical Weapons (OPCW) oversees the implementation of the
CWC.
9.2 On 17 November 2003 the European Council adopted
Common Position 2003/805/CFSP on the universalisation and reinforcement
of multilateral agreements in the field of non-proliferation of
WMD and means of delivery. The CWC was included as one such multilateral
agreement.
9.3 On 12 December 2003 the European Council adopted
an EU Strategy against the Proliferation of WMD. In this the EU
agreed to reinforce the WMD Conventions including the CWC.
9.4 On 10 November 2004, we cleared the first Joint
Action in support of the OPCW. This enabled the EU to support
the OPCW in relation to the EU WMD Non-Proliferation Strategy.
The focus is on capacity-building among National Authorities so
as to enable them to implement the CWC and to engage in the peaceful
application of chemistry.
— promotion
of the CWC by carrying out activities, including regional and
sub-regional workshops and seminars, aiming at increasing the
membership of the OPCW and offering opportunities for the OPCW
to establish/develop contacts with national representatives and
to highlight the advantages and benefits of adhering to the CWC,
as well as associated obligations. Assistance and technical support
would also be provided on specific issues relevant to the preparation
for accession to the Convention.
— the provision of sustained technical
support to States Parties that request it for the establishment
and effective functioning of National Authorities and the enactment
of national implementing legislation as foreseen in the CWC. This
would include assistance visits on legal and technical aspects
to respond to specific needs of requesting State Parties who are
yet to fulfil their obligations, to be provided by experts/resources
from the OPCW staff with the inclusion of EU experts as necessary.
— international cooperation in the field
of chemical activities through the exchange of scientific and
technical information, chemicals and equipment for purposes not
prohibited under the CWC, in order to contribute to the development
of the States Parties' capacities to implement the CWC. The EU
contribution would focus on the building of capacities of National
Authorities so as to enable them to implement the CWC and to engage
in the peaceful application of chemistry.
9.5 The estimated cost of the proposed projects was
€1,841,000, funded from the CFSP Budget.[22]
9.6 The duration was 12 months, with the intention
of annual renewal. We cleared its renewal on 16 November 2005.
9.7 On 30 January 2007 we cleared a third Joint Action
which, in addition to the ongoing activities, aimed at providing
and facilitating:
— assistance
and protection against chemical weapons by increasing the Organisation's
abilities to mobilise and coordinate international assistance
(technical visits to States Parties and training aimed at first
responders involved in the field and development of emergency
response to use of chemical weapons). A particular focus will
be the North African region where currently no protective capacity
against chemical weapons exists;
— the updating of the scheduled chemicals
database for verification purposes to improve the identification
of chemicals and facilities for declaration purposes;
— an Industry and Protection Forum in the
framework of the OPCW Tenth Anniversary and the entry into force
of the CWC, aimed at building synergies and strengthening the
collaborative framework between the chemical industry and the
Organisation and National Authorities; and
— support to visits to CW Destruction Facilities
and/or construction sites in the US and Russia, by Executive Council
members who would otherwise be unable to participate, aimed at
the consideration of progress and efforts made towards meeting
the extended destruction deadlines.
9.8 Funds will continue to be provided from the CFSP
budget: an estimated cost of €1,744,700 (£1,178,851),
with the cost to UK (currently contributing approximately 18%
into the CFSP budget) of €314,046 (£212,193).
9.9 At that time, the Minister for Europe at the
Foreign and Commonwealth Office (Mr Geoffrey Hoon) said that he
believed that the EU's funding had contributed to the growth in
CWC membership — in November 2004, before adoption of the
first Joint Action, there were 164 States Party; now there were
181 States — but that, while there had also been a concerted
effort to bring States up to par in their national implementation
of the obligations under the Convention and progress made, the
OPCW Director-General had noted that more needed to be done.[23]
The Common Position
9.10 In his 13 June 2007 Explanatory Memorandum,
the Minister for Europe at the Foreign and Commonwealth Office
(Mr Geoffrey Hoon) says that the purpose of this Common Position
is to strengthen the CWC and the OPCW by seeking a successful
outcome of the Second Review Conference: "It will task the
EU to promote compliance with the Convention, including the timely
destruction of all chemical weapons, and by enhancing its verification
regime and striving for Universality".
9.11 The unofficial text of the Common Position says
that as well as contributing to a full review of the operation
of the CWC and helping build a consensus for a successful outcome
of the Second Review Conference, with issues to be promoted including:
— reaffirming
the comprehensive nature of the prohibition of chemical weapons
as laid down in the so-called "General Purpose Criterion";
— underlining the obligation of States
Parties to reflect the "General Purpose Criterion" in
their national implementation legislation and administrative enforcement
practice;
— reconfirming that the Convention's prohibitions
apply to any toxic chemical, except where such a chemical is intended
for purposes not prohibited by the Convention and as long as the
types and quantities are consistent with such purposes, thus taking
into account developments in science and technology since the
First Review Conference;
— emphasising the obligation of States
Parties to declare riot control agents;
— assessing progress in the destruction
of chemical weapons;
— reaffirming the obligation of CW possessor
states to destroy their CW within the deadlines of the CWC and
urging possessor states to overcome delays in destruction;
— underlining the importance of systematic
verification through continuous on-site inspection of CW destruction;
— further strengthening the verification
regime with regard to activities not prohibited under the Convention,
through continued awareness-raising of the Convention's prohibitions
throughout Government, industry, academia and non-governmental
organisations and emphasising the need to increase the number
of inspections in so-called "Other Chemical Production Facilities";
— implementation of the provisions of the
Convention on consultations, cooperation and fact-finding, in
particular stressing the legal right of States Parties to request
a challenge inspection without prior consultation, and encouraging
the use of the mechanism as a matter of course where appropriate;
— development of tailored strategies on
achieving the universality of the CWC, in particular with regard
to the Middle East, including regional workshops in the areas
concerned;
— offering assistance to States Parties
in need, as exemplified by the Joint Actions;
— strengthening national export controls
which are required to prevent the acquisition of Chemical Weapons;
and
— beginning work to ensure that, following
the completion of the destruction of all chemical weapons, the
OPCW is well-placed to focus on its remaining activities, in particular
its non-proliferation role.
9.12 To these ends, Member States will agree:
— proposals
on substantive issues for submission on behalf of the European
Union for consideration by States Parties to the Convention in
the preparation phase and at the Second Review Conference, and
then promote them;
— where appropriate, approaches by the
Presidency, pursuant to Article 18 EU, with a view to promoting
universal accession and effective national implementation, and
urging States Parties to support and participate in an effective
and complete review of the CWC; and
— Presidency statements in the run up to,
and during, the Second Review Conference.
The Government's view
9.13 The Minister says that countering WMD proliferation
and making the world safer from global terrorism remain an important
international strategic priority for the FCO and a key priority
for the UK; this includes the aim of strengthening the CWC and
supporting the aims of the OPC. He describes the UK position as
"working towards a successful outcome from the Second Review
Conference of the Chemical Weapons Convention, one that builds
on the successful framework established by the First Review Conference".
He welcomes this Common Position "as it sets out EU priorities
for the Second Review Conference which are consistent with our
own" and says that "along with partners, we believe
that adoption of this Common Position will encourage States Party
to engage and help focus efforts to achieve consensus during the
preparatory process and during the Conference itself".
Conclusion
9.14 We have no questions to put to the Minister,
and clear the document.
9.15 We note that the Conference is due to be
held from 7-18 April 2008. We should accordingly
be grateful if the Minister would write to us as soon as possible
thereafter with his assessment of what the Review Conference achieved,
how the Common Position contributed to it, what the major continuing
challenges then are and how he thinks that the UK and EU can best
contribute to tackling them.
9.16 In view of the importance of the subject,
we considered a short Report to the House appropriate.
22 See HC 42-xxxvi (2003-04), para 15 (10 November
2004). Back
23
See HC 41-viii (2006-07), para 9 (30 January 2007). Back
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