23 Chemical Weapons Convention
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| Council Decision relating to the 2013 Review Conference of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction
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| Legal base | Article 15 TEU; unanimity
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | Minister's letter of 1 May 2013
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| Previous Committee Reports | HC 86-xviii (2012-13), chapter 13 (31 October 2012); also see (28691) HC 41-xxvi (2006-07), chapter 9 (20 June 2007); (28303) HC 41-viii (2006-07), chapter 9 (30 January 2007); and (26080) HC 42-xxxvi (2003-04), chapter 15 (10 November 2004)
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| Discussion in Council | 19 November 2012 Foreign Affairs Council
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| Committee's assessment | Politically important
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| Committee's decision | Cleared; further information requested (reported to the House on 31 October 2012); now provided
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Background
23.1 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 (OPWC) oversees the implementation of the
CWC.
23.2 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.
23.3 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.
In 2004-11, the EU has provided funding for five separate modest
programmes to support the OPWC.
The Council Decision
23.4 The aim of the Council Decision was to strengthen
the CWC and OPCW by seeking a successful outcome of the Third
Review Conference, which was to be held from 8-19 April 2013.
It tasked the EU, both in the run-up to and thereafter, to promote
compliance with the Convention, including the timely destruction
of all chemical weapons, and by enhancing its verification regime
and striving for Universality. How the EU would do this is set
out in our previous Report.[45]
23.5 The Minister for Europe (Mr David Lidington)
said that: countering WMD proliferation was a key UK priority;
making the world safer from global terrorism and WMD an important
international strategic priority for the Foreign and Commonwealth
Office; and supporting and strengthening the CWC and the OPCW
a UK aim. The Government: was working towards a successful outcome
from the Third Review Conference that built on the successful
framework established by the Second Review Conference; welcomed
this Council Decision, "as it sets out EU priorities for
the Third Review Conference which are consistent with our own";
and, along with partners, believed that its adoption would "encourage
States Parties to engage and help focus efforts to achieve consensus
during the preparatory process and during the Conference itself."
Our assessment
23.6 The importance of the CWC, and the OPCW,
was underlined by the situation of — and in — Syria,
as well as the ever-present threat of international terrorism.
We therefore considered that a short Report to the House on the
EU's preparations for this important Review Conference was appropriate.
23.7 We also asked the Minister to write to us
as soon as possible thereafter with his assessment of what the
Review Conference had achieved, how the Council Decision had contributed
to it, and how the UK and EU could best contribute thereafter
to tackling the major continuing and new challenges.
23.8 We also cleared the document.[46]
The Minister's letter of 1 May 2013
23.9 The Minister includes with his letter a
copy of the final version of the EU Council Decision (2012/712/CFSP)
and of a Report issued at the conclusion of the Review Conference.
He notes that the latter includes a Political Declaration and
a review of the operation of the Convention, which confirmed the
"unequivocal commitment" of the States Parties to the
global chemical weapons ban, represents a comprehensive review
of CWC implementation since the Second Review Conference in 2008
and maps out the OPCW's priorities for the coming five years.
23.10 The Minister describes the EU's overarching
objectives for the Third Review Conference as being to strengthen
the Convention by:
— building
on the progress achieved so far in destroying declared stockpiles
of chemical weapons and the prevention of their re-emergence,
through, e.g. enhancement of the CWC's verification regime, improvement
of national implementation as well as efforts towards achieving
universality; and
— adapting its implementation in the light
of the changing security environment and developments in science
and technology.
23.11 The Minister says that the Report of the
Review Conference indicated in particular:
- that the OPCW will continue
to receive the required support in order to achieve the object
and purpose of the Convention, to ensure the full, effective,
and non-discriminatory implementation of its provisions and to
deal more effectively with future opportunities and challenges;
- the Conference's desire to improve interaction
with the chemical industry, including with regional and international
industry associations, the scientific community, academia, and
civil society organisations engaged in issues relevant to the
Convention, and cooperate as appropriate with other relevant international
and regional organisations, in promoting the goals of the Convention;
- the deep concern by States Parties that chemical
weapons may have been used in Syria and that any such use would
be reprehensible; support for close cooperation between the Director-General
of the OPCW and the Secretary-General of the United Nations on
the investigation of alleged use of chemical weapons;
- that states Parties should intensify their efforts
with all States not Party to encourage them to ratify or accede
to the Convention and requested the Secretariat and the Director-General
to make full use of all available opportunities and resources
to pursue this goal;
- that states Parties which are yet to fulfil their
obligations by putting in place relevant legislation are encouraged
to engage with the OPCW Technical Secretariat on the steps to
be undertaken for the national implementation of the Convention;
- that chemical safety and security are the prime
responsibilities of States Parties and the Report encouraged the
States Parties and the Secretariat to promote the OPCW's role
as a platform for voluntary consultation and cooperation among
States Parties; and
- the verification system should continue to be
improved in response to advances in science and technology, that
the Technical Secretariat's preparation to maintain a capability
to mount a challenge inspection or investigation of alleged use
is sustained and the importance of outreach, education and public
diplomacy in maintaining the Convention's role as a bulwark against
chemical weapons.
EU ROLE
23.12 The Minister says that the EU played an
important role under the Cypriot and Irish Presidencies. He outlines
the way in which preparatory meetings ensured that information
was shared about the approaches of individual EU Member States
to the issues expected to arise and that the EU position for the
Review Conference was consolidated with them. He also describes
the EU position, as set out in the statement of the European External
Action Service's Special Envoy for Non-Proliferation and Disarmament,
noting in particular the following elements:
- "The remaining work to
bring the remaining eight non-States Parties (Angola, Burma, DPRK,
Egypt, Israel, Somalia, South Sudan and Syria) into the Convention
while referring to EU financial support;
- "Recognise the on-going process by chemical
weapons possessor States (in particular Russian Federation, United
States of America and Libya) to destroy their remaining stocks;
- "The need for States Parties to have comprehensive
national implementation in place;
- "The need to strengthen the existing mechanisms
to prevent the re-emergence of chemical weapons, while taking
into account changes to science and technology; and
- "The EU also expressed its grave concern
about the possible use of chemical weapons in Syria and its full
support for the UN Secretary General's decision to conduct an
investigation into the allegation of use."
23.13 Finally, the Minister says that, at EU
coordination meetings during the Conference and in the detailed
debates on the draft report in the Conference's Committee of the
Whole, the Presidency's approach throughout was to promote and
defend the EU's objectives, as set out in the Council Decision,
which it did effectively.
UK ROLE AND ACHIEVEMENTS
23.14 The Minister sets these out as follows:
"In October 2012, we jointly funded with Canada,
The Netherlands and the USA a Wilton Park Conference on Chemical
Weapons Convention: Third Review Conference and Beyond. We invited
a cross-section of States Parties to ensure a more balanced approach.
The conference illustrated that most States Parties were still
in the process of defining their positions, both at the national
and regional level. It also outlined the areas of convergence
and divergence and looked ahead to the preparatory meetings chaired
by Algeria, which started discussions on the draft documents.
"In June 2012 and March 2013 members of the
Cross Whitehall Chemical Weapons Policy Group met with relevant
UK civil society and industry to exchange views and expectations
on the Review Conference. The latter meeting included Ambassador
Krzysztof Paturej (Poland) who subsequently chaired the Review
Conference and who outlined his objectives. Engaging with UK
Civil Society, including those whose focus is Incapacitating Chemical
Agents, provided opportunities to discuss our respective positions
in advance of the Review Conference. Having pressed for civil
society to be involved in the Review Conference, for the first
time in the history of the Convention, NGO representatives were
permitted to address conference delegates in an informal plenary
session.
"The UK submitted two Working Papers[47]
on scientific and technological developments in advance of the
Review Conference. The UK was active in leading this debate and
setting the agenda on issues such as national implementation,
universality and incapacitating chemical agents.
"The UK together with Germany, France and the
USA, lobbied South Sudan, Burma and Somalia prior to the Conference
to accede to the Convention. This resulted in positive results
including an announcement by the President of Somalia that his
country will join the CWC.
"The UK delegation's (including representatives
from FCO, MOD, DECC and Dstl) considerable experience of the CWC
(its original negotiations, Preparatory Commission and previous
Review Conferences) and other multilateral arms control and disarmament
agreements as well as its scientific and technical knowledge and
expertise, were major factors in our ability to secure the outcome
we did.
"The UK played a key role along with Switzerland
in finding suitable language on incapacitating chemical agents
and law enforcement for inclusion in the final document, as referred
to in the UK Statement made by Mr Burt. Regrettably, agreement
could not be reached in time for inclusion of a reference in the
documents. We will work to ensure that this issue is taken forward;
we believe there is strong support for doing so.
"My colleague Alistair Burt MP, Parliamentary
Under-Secretary of State, FCO delivered the UK statement on the
second day of the Review Conference. He emphasised the need to
acknowledge the serious modern day threat from Syria's chemical
weapons. He also wrote an article for New Scientist, timed to
coincide with the Review Conference."
CONCLUSIONS AND NEXT STEPS
23.15 The Minister concludes his letter thus:
"Overall the EU and UK met our objectives for
the Review Conference. The EU played a constructive role through
participation in the preparatory meetings. The on-going EU Council
Decision (2012/166/CFSP of 23 March 2012), in support of activities
of the Organisation for the Prohibition of Chemical Weapons (OPCW)
will be an important vehicle for EU influence on implementation
of the CWC until it is considered for renewal in 2014. The positive
outcome achieved should ensure that one of the most successful
international treaties on disarmament is able to adapt to the
changing world while ensuring the OPCW remains a global repository
of knowledge and expertise. We will seek to make full use of
the scope of the DG's mandate and use our long-standing position
on the OPCW Executive Council to take this forward."
Conclusion
23.16 We are grateful to the Minister for his
timely and comprehensive response. It provides a great deal of
valuable information about the process whereby Member States and
the EU and its External Action Service prepare for and work together
in the pursuit of common objectives, both individually and collectively.
It also highlights the importance of the CWC, and the OPCW, not
only in confronting the threat of international terrorism but
also the dangers that continue to be so tragically underlined
by developments in Syria.
45 See headnote: HC 86-xviii (2012-13), chapter 13
(31 October 2012). Back
46
Ibid. Back
47
a) Advances in Science and Technology: Implications for Effective
Implementation of the Convention; and b) Convergence of Chemistry
and Biology. Back
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