Documents considered by the Committee on 4 December 2013 - European Scrutiny Committee Contents


19 EU support for the Organisation for the Prohibition of Chemical Weapon

(35553)

Council Decision in support of UN Security Council Resolution 2118 (2013) and the Organisation for the Prohibition of Chemical Weapons, in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction
Legal baseArticles 28 and 31(1) TEU; unanimity
DepartmentForeign and Commonwealth Office
Basis of consideration EM and Minister's letter of 28 November 2013
Previous Committee Report None
Discussion in Council 8-10 December 2013
Committee's assessment Politically important
Committee's decision Cleared

Background

19.1 The Organisation for the Prohibition of Chemical Weapons is the implementing body of the Chemical Weapons Convention (CWC), which entered into force in 1997. The OPCW has 190 Member States, who are working together to achieve a world free from chemical weapons. They share the collective goal of preventing chemistry from ever again being used for warfare, thereby strengthening international security. 

19.2 To this end, the Convention contains four key provisions:

·  destroying all existing chemical weapons under international verification by the OPCW;

·  monitoring chemical industry to prevent new weapons from re-emerging;

·  providing assistance and protection to States Parties against chemical threats; and

·  fostering international cooperation to strengthen implementation of the Convention and promote the peaceful use of chemistry. 

19.3 The OPCW is given the mandate to achieve the object and purpose of the Convention, to ensure the implementation of its provision. The OPCW Technical Secretariat is responsible for the day-to-day administration and implementation of the Convention, including inspections, while the Executive Council and the Conference of the States Parties are decision-making organs designed primarily to determine questions of policy and resolve matters arising between the States Parties on technical issues or on interpretations of the Convention. The chairs of the Executive Council and the Conference are appointed by each body's membership. The Technical Secretariat is headed by a Director-General, who is appointed by the Conference on the recommendation of the Council.[58]

19.4 In his Explanatory Memorandum of 28 November 2013, the Minister for Europe (Mr David Lidington) explains that on 27 September 2013:

·  the OPCW Executive Council adopted  its "Decision on the destruction of Syrian chemical weapons" during its EC-M-33 session; and

·  the UN Security Council adopted Resolution 2118 (2013), endorsing the OPCW Decision and expressing deep outrage at the use of chemical weapons on 21 August 2013 in Rif Damascus, as concluded in the UN Mission's report, condemning the killing of civilians that resulted from it, affirming that the use of chemical weapons constitutes a serious violation of international law, and stressing that those responsible for any use of chemical weapons must be held accountable; as well as stressing that the only solution to the current crisis in the Syrian Arab Republic is through an inclusive and Syrian-led political process based on the Geneva Communiqué of 30 June 2012, and emphasising the need to convene the international conference on Syria as soon as possible.

19.5 The Minister then explains that:

·  by means of a declaration, the Government of the Syrian Arab Republic acknowledged the existence of a large scale chemical weapons programme and considerable quantities of chemical weapons, including hazardous toxic chemical components of such weapons, posing serious non-proliferation, disarmament and security concerns;

·  following Syria's accession to the CWC (effective from 14 October 2013), the OPCW is responsible for verifying the Syrian Arab Republic's compliance with the provisions of the Chemical Weapons Convention, and the terms of any relevant OPCW Executive Council Decisions, and as part of the Joint Mission with the UN, for overseeing compliance with the terms of any relevant UN Security Council Resolutions;

·  on 15 November, the OPCW's Executive Council adopted a decision [EC-M-34/Dec.1] approving a detailed plan of destruction to eliminate Syria's chemical weapons programme;

·  the decision envisages that the vast majority of Syrian Chemical Weapons will be transported outside Syria's territory for the purposes of destruction in the safest manner, to meet the ambitious timelines;

·  the Chemical Weapons Convention requires possessor States, in this case Syria, to meet the costs of destruction; however, Syria indicated its inability to meet the destruction costs and the Executive Council as part of their decision established a special Trust Fund to support Syria's chemical weapons destruction activities; and

·  following the decision, the OPCW Director General wrote to States Parties urging them to make voluntary contributions to the special Trust Fund.

19.6 The Minister then notes that:

·  on the 21 November 2013, the OPCW's Director General wrote to the High Representative of the European Union of Foreign Affairs and Security Policy seeking a financial contribution to the special Trust Fund relating to destruction costs;

·  the EU has approximately €6 million from the under spend in the current CFSP budget and is of the view that the funds could be allocated to the special Trust Fund to meet destruction costs; and

·  EU financial assistance to the OPCW for the purpose of its work in the Syrian Arab Republic is consistent with the EU Strategy against Proliferation of Weapons of Mass Destruction adopted by the European Council on 12 December 2003.

The draft Council Decision

19.7 On 15 November the OPCW's Executive Council adopted a decision [EC-M-34/Dec.1] approving a detailed plan of destruction to eliminate Syria's chemical weapons programme. This draft Council decision will allow the EU to release financial resources to in support of the destruction of chemical weapons in the Syrian Arab Republic.

19.8 The Minister notes that the draft Decision was circulated on 25 November 2013 at a joint RELEX meeting at which an initial discussion took place; and that the aim is for it to be adopted at 8-10 December 2013.

The Government's view

19.9 The Minister says that the Government is supportive of the principle behind the draft Decision and understands that the destruction of chemicals weapons is extremely costly and resource intensive: thus, he says, to ensure the destruction process is completed within the ambitious deadlines set out in the Syrian chemical weapons destruction plan, he needs to ensure that the OPCW is adequately equipped and financed.

19.10 The Minister then continues as follows (his emphasis):

"This decision is currently in draft and is in the process of being negotiated. We will write to committees to report the outcomes of the negotiation but seek scrutiny clearance now in light of planned adoption on 8-10 December.

"The UK position in the negotiations is as follows:

"Project 1: Security planning the provision of situation awareness products related to the security of the OPCW-UN Joint Mission, including the status of the road network, for all their activities including verification and also movement of the Syrian stockpile to the port for transfer out of Syria for destruction; The UK will support.

"Project 2: Training EU personnel - training personnel involved in transport, handling, storage and destruction of chemical agents up to OPCW standards to constitute a pool of available experts. The UK has queried whether the OPCW would welcome this and whether the funds could be better directed to train OPCW staff rather than EU personnel. The UK will support if we obtain assurances that this project meets the OPCW's needs.

"Project 3: Provision of safety and security equipment to the Mission ensuring the safety of materials, and potential decontamination and medical support during the transportation phase of the destruction plan. The UK supports the intention to assist the UN/OPCW Mission, but would prefer a clearer reassurance that the equipment provided goes that mission, not directly to the Syrian regime. We will support on the basis language is amended to reflect this.

"EU financial assistance to the OPCW for the purpose of its work in the Syrian Arab Republic is consistent with the EU Strategy against Proliferation of Weapons of Mass Destruction adopted by the European Council on 12 December 2003.

"The EU contribution will be monitored via our UK permanent representation to the OPCW. It will be essential that all activities are coordinated, especially with the OPCW and the UN. Officials have been working closely with the OPCW and will continue to monitor the EU contributions."

The Minister's letter of 28 November 2013

19.11 The Minister notes that the draft Decision was circulated by the European External Action Service (EEAS) on the 25 November and says:

    "as we stress in the accompanying Explanatory Memorandum, the UK is not happy with large parts of the proposal and our colleagues in Brussels are currently negotiating important amendments."

19.12 The Minister continues thus:

    "As you know, I am committed to full and transparent scrutiny which is why I planned to submit the draft even though the Decision had yet not been finalised. On 27 November, the UK delegation in Brussels reported that the EEAS have taken on board UK suggested amendments (as outlined in the Explanatory Memorandum) to the draft Decision. The draft reflecting these amendments is unfortunately not yet available for deposit in Parliament. The EEAS intend to circulate a revised draft Decision amongst Member States on Friday 29 November — I thus expect this version of the draft Council Decision to be available on Monday 2 December. At that point, I would be happy to provide that later draft to your Committee and submit a Supplementary EM noting the changes. However, as you will appreciate the timings in this instance are extremely tight, and that later draft may not arrive with your Committee for its consideration before its meetings in w/c 2 December. As such, I was keen to ensure that your Committee was sighted on the current, available draft — even though we know it will be superseded in the coming days. I hope that this gives your Committee the opportunity to scrutinise this dossier in advance of its adoption on 8-10 December, although I appreciate that sight of the final text would of course have been preferable, had it been available earlier."

Conclusion

19.13 We have yet to hear further from the Minister. However, we understand that, in the event, it was not possible within the timeline to resolve the issues that he highlights with respect to Projects 2 and 3; and that it has finally been agreed that only Project 1 will be taken forward.

19.14 That being so, we are prepared to allow the Minister to support the draft Decision, provided that the text has been amended accordingly.

19.15 We would also like the Minister to submit the final version of the draft Decision with a Supplementary Explanatory Memorandum in due course.


58   See http://www.opcw.org/about-opcw for full information. Back


 
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Prepared 11 December 2013