Council Decision 2011/429/CFSP of 18 July 2011 relating to the position of the European Union for the Seventh Review Conference of the States Parties to the Convention on the prohibition of the development, production and stockpiling of bacteriological (biological) and toxin weapons and on their destruction (BTWC)

• Published date: 19 July 2011
• Official Gazette Publication: Gazzetta ufficiale dell’Unione europea, L 188, 19 luglio 2011,Diario Oficial de la Unión Europea, L 188, 19 de julio de 2011,Journal officiel de l’Union européenne, L 188, 19 juillet 2011

19.7.2011 EN Official Journal of the European Union L 188/42

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COUNCIL DECISION 2011/429/CFSP

of 18 July 2011

relating to the position of the European Union for the Seventh Review Conference of the States Parties to the Convention on the prohibition of the development, production and stockpiling of bacteriological (biological) and toxin weapons and on their destruction (BTWC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Whereas:

(1) On 12 December 2003, the European Council adopted the EU Strategy against proliferation of weapons of mass destruction which aims, inter alia, at reinforcing the Convention on the prohibition of the development, production and stockpiling of bacteriological (biological) and toxin weapons and on their destruction (BTWC), continuing the discussion on the verification of the BTWC, supporting universalisation and national implementation of the BTWC, including through the means of criminal legislation, and strengthening compliance with it.

(2) On 28 April 2004, the United Nations Security Council unanimously adopted Resolution 1540 (2004), describing the proliferation of weapons of mass destruction and their means of delivery as a threat to international peace and security. On 27 April 2006, the UN Security Council unanimously adopted Resolution 1673 (2006) in order to intensify the efforts to promote the full implementation of Resolution 1540 (2004). Implementation of the provisions of these Resolutions contributes to the implementation of the BTWC.

(3) On 26 August 1988, the UN Security Council adopted Resolution 620 (1988) which, inter alia, encourages the Secretary-General to carry out promptly investigations in response to allegations concerning the use of chemical and bacteriological (biological) or toxin weapons that constitute a violation of the 1925 Geneva Protocol. On 8 September 2006, the General Assembly adopted the United Nations Global Counter-Terrorism Strategy, annexed to Resolution 60/288, under which Member States encourage the Secretary-General to update the roster of experts and laboratories, as well as the technical guidelines and procedures, available to the Secretary-General for the timely and efficient investigation of allegations.

(4) The Sixth Review Conference of the States Parties to the BTWC decided that the Seventh Review Conference is to be held in Geneva not later than 2011 and should review the operation of the BTWC, taking into account, inter alia, new scientific and technological developments relevant to the BTWC, as well as progress made by the States Parties to the BTWC (hereinafter the ‘States Parties’) in the implementation of the obligations under the BTWC and in the implementation of the decisions and recommendations agreed upon at the Sixth Review Conference.

(5) On 27 February 2006, the Council adopted Joint Action 2006/184/CFSP (1) and on 10 November 2008, the Council adopted Joint Action 2008/858/CFSP (2). Both joint actions promote universality of the BTWC and support its implementation by the States Parties. Moreover, Joint Action 2008/858/CFSP promotes the submission of confidence building measures (CBM) declarations by the States Parties, and provides support for the BTWC intersessional process.

(6) In parallel to Joint Action 2006/184/CFSP, the European Union agreed an EU Action Plan on biological and toxin weapons, complementary to the EU Joint Action in support of the BTWC (3) in respect of the BTWC in which Member States undertook to submit CBM declarations to the UN in April every year and lists of relevant experts and laboratories to the UN Secretary-General to facilitate any investigation of alleged use of (chemical) biological and toxin weapons.

(7) In the light of the forthcoming BTWC Seventh Review Conference from 5 to 22 December 2011, it is appropriate to update the position of the European Union,

HAS ADOPTED THIS DECISION:

Article 1

The objectives of the Union at the Seventh Review Conference of the States Parties to the Convention on the prohibition of the development, production and stockpiling of bacteriological (biological) and toxin weapons convention and on their destruction (BTWC) shall be to review the operations of the BTWC and explore options to strengthen it further.

To attain these objectives, the Union shall put forward concrete proposals to the Seventh Review Conference due to take place from 5 to 22 December 2011.

Article 2

At the Seventh Review Conference, the Union shall work, in particular, to ensure that the States Parties to the BTWC (hereinafter the ‘States Parties’) address the following priorities:

(a) building confidence in compliance with the BTWC;

(b) supporting its national implementation; and

(c) promoting its universality.

Article 3

For the purposes of the objectives laid down in Article 1 and the priorities laid down in Article 2, the Union shall:

(a) contribute to a full review of the operation of the BTWC at the Seventh Review Conference, including the implementation of undertakings made by the States Parties under the BTWC;

(b) support a further substantive intersessional process during the period between the Seventh and Eighth Review Conferences and identify specific areas and enhanced arrangements for further progress under this process;

(c) support the Eighth Review Conference, to be held no later than 2016;

(d) build consensus for the successful outcome of the Seventh Review Conference, on the basis of the framework established by the previous conferences, and promote, inter alia, the following key issues: (i) working towards identifying and strengthening effective mechanisms to build confidence in compliance within the BTWC; (ii) States Parties should be able to demonstrate compliance by means of information exchange and enhanced transparency about their capabilities and actions for implementation and intentions towards compliance. This can be achieved by means of declarations, consultations and on-site activities, representing increasing levels of transparency and scrutiny, but also by information exchange and review during the intersessional process. While recognising that there is currently no consensus on verification, which remains a central element of a complete and effective disarmament and non proliferation regime, the Union is willing to work towards identifying options that could achieve similar goals; (iii) effective implementation and full compliance with all obligations under the BTWC by all States Parties; supporting and strengthening, where necessary, national implementation measures, including criminal legislation, and control over pathogenic micro-organisms and toxins in the framework of the BTWC, inter alia, by increasing the capacity

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