EN Official Journal of the European Union C 66/6

Six-monthly Progress Report on the implementation of the EU Strategy against the Proliferation of Weapons of Mass Destruction (2011/II)

2012/C 66/03

Introduction

This progress report covers activities carried out in the second half of 2011 in the context of the implementation of the WMD Strategy (ST 15708/03) adopted by the European Council in December 2003, in the light of the ‘Updated List of priorities’ (ST 10747/08) adopted by the Council in June 2008, and of the ‘New lines for action’ (ST 17172/08) adopted by the Council in December 2008.

Following the establishment of the European External Action Service (EEAS), as of 1 January 2011, the High Representative, supported by the European External Action Service (EEAS) staff, has fulfilled most of the tasks previously exercised by the rotating Presidency of the Council of the EU, and will gradually take over the remaining tasks, currently exercised by the rotating Presidency in support of the EEAS, in particular at some of the international meetings. Since 1 January, representatives of the High Representative have chaired the Brussels-based Council Working Parties dealing with Non-Proliferation and Disarmament and have organised EU coordination in international non-proliferation and disarmament fora, seeking to ensure continuation of an active and visible EU role as foreseen by the Lisbon Treaty. In a few international meetings, resulting from the lack of an EU seat, the rotating Presidency has continued to present the statements on behalf of the EU or on behalf of the EU and its Member States.

The guiding principle and overall aim of the EU has continued to be the promotion of the universality of international treaties, conventions and other instruments and their national implementation, in accordance with the objectives of the EU Strategy against Proliferation of Weapons of Mass Destruction. Accordingly, it pursued these objectives in all the key events during the second semester, notably the IAEA General Conference in September, the First Committee of the United Nations General Assembly (UNGA) in October, the Biological and Toxin Weapons Convention (BTWC) Review Conference in December, as well a number of other international fora, annual meetings of States Parties of Conventions, conferences etc.

It has continued to strive for the effective and complementary use of all available instruments and financial resources (CFSP budget, Instrument for Stability, other instruments) in order to maximise the impact of EU activities in supporting international organisations and third countries.

The EU has continued close cooperation with partners and other third countries striving towards a global convergence of views on the need to strengthen the international non-proliferation regime. Efforts have continued to address non-proliferation issues in the EU's bilateral relations with all relevant countries.

1. NUCLEAR ISSUES

The Non-Proliferation Working Group (CONOP) actively prepared the IAEA Board of Governors meetings in September and November 2011. It discussed and prepared the IAEA General Conference, in particular the lines to take on the Middle East resolution. Through demarches by EU Delegations, supported by individual Member States’ activities in all IAEA member countries, the EU engaged effectively with the Arab States with a view to avoiding the tabling and putting to a vote of the resolution on Israeli Nuclear Capabilities. It pursued the implementation of the New Lines of Action by the EU in combating the proliferation of weapons of mass destruction and their delivery systems through discussion of various actions envisaged in this field, i.a. on consular and scientific vigilance.

1.1. Follow-up to the Non-Proliferation Treaty (NPT) Review Conference

The EU has been actively engaged in contributing to the implementation of the Action Plan adopted at the 2010 NPT Review Conference, including the understandings reached on the Middle East. In the follow-up to the NPT Review Conference, the EU successfully held an inclusive Seminar in Brussels on 6-7 July 2011, contributing to the implementation of Council Decision 2010/799/CFSP adopted on 13 December 2010 in support of a process of confidence-building leading to the establishment of a zone free of weapons of mass destruction and their means of delivery in the Middle East.

1.2. IAEA

The EU has enhanced its support to the International Atomic Energy Agency (IAEA) in Vienna. The EU remains a key donor to the Nuclear Security Fund, with more than EUR 30 million committed since 2004. Further on nuclear security, the EU has contributed with its technical expertise to training activities and workshops organised by IAEA and targeting third countries to enhance capabilities in combating illicit trafficking of nuclear and other radioactive materials. The EU and the IAEA have coordinated very well their support to third countries in this field through the border monitoring working group. This included the provision of detection equipments as well as training.

The European Union is committed to contribute up to EUR 25 million to the IAEA LEU (Low Enriched Uranium) Bank through a Council Decision and the Instrument for Stability, as well as more than EUR 5 million to the international project aiming at expanding and modernising the Seibersdorf laboratory. Work on these contributions has been ongoing: the first instalment for the IAEA LEU Bank (EUR 10 000 000) was paid to the IAEA through the Instrument for Stability on 8 December 2011 (for the remaining contribution, a Council Decision is planned to be approved by the Council in 2012) and a first instalment (EUR 4 750 000) through the Instrument for Stability for the Seibersdorf laboratory was paid to the IAEA on 2 December 2011. The EU has continued to provide important technical support to the IAEA in the field of nuclear safeguards through the European Commission Cooperative Support Programme. The 30 years anniversary of this programme was celebrated in Vienna on 13 October 2011. Furthermore, the EU has used its various instruments to enable safe and secure implementation of peaceful uses of nuclear energy in third countries, including through the IAEA. A statement on behalf of the EU and its Member States was delivered on the occasion of adoption of the UN General Assembly Resolution on the Report of the IAEA (New York, 1 November 2011).

1.3. CTBT

The EU has actively promoted the early entry into force of the Comprehensive-Nuclear-Test-Ban Treaty (CTBT), based on the relevant Council Decisions in support of CTBTO and by conducting outreach efforts towards the remaining Annex II States whose ratification is required for the entry into force of the Treaty.

An EU Statement was delivered at the Informal Meeting of the Plenary of the United Nations General Assembly to mark the celebration of the International Day against Nuclear Tests (New York, 2 September 2011). An EU statement on Entry-into-Force of the CTBT has been delivered on the occasion of the CTBT Article XIV Conference in September 2011 (New York), and a written EU statement to mark the 15th anniversary of the opening for signature of the CTBT was circulated on the same occasion. The EU has worked energetically on the implementation of Council Decisions 2008/588/CFSP of 15 July 2008 and 2010/461/CFSP of 26 July 2010, and has started working on possible additional support for the work of the CTBTO Provisional Technical Secretariat. The EU was granted permanent observer status to the CTBTO.

1.4. Conference on Disarmament (CD)

The EU has persistently pressed for the early start of negotiations on a Fissile Material Cut-Off Treaty (FMCT). At the same time, in all its interventions the EU declared its readiness to engage on all other issues on the CD agenda, in particular on nuclear disarmament, the prevention of an arms race in outer space and negative security assurances. Furthermore, the EU has stepped up its constructive work towards the expansion of the CD. The EU will use every opportunity in 2012 to advance the international discussion on and prepare internally for an early start of FMCT negotiations.

1.5. Regional issues (Iran, DPRK)

The EU High Representative, together with China, France, Germany, Russia, United Kingdom and the United States, has had a sustained approach on leading efforts with the objective to getting Iran engaged into a process aimed at building confidence in the exclusively peaceful nature of the Iranian nuclear programme.

Unfortunately, in spite of relentless efforts of the High Representative on behalf of E3 + 3, Iran has not yet demonstrated its readiness to seriously engage in talks about concrete confidence-building measures. The accelerating expansion of the Iranian enrichment programme and IAEA findings about Iranian activities relating to military nuclear technology have contributed to increase existing concerns. In accordance with the double-track approach, the EU has continued to increase the pressure on Iran, including by strengthening existing sanctions and elaborating additional restrictive measures.

Regarding the DPRK, the EU has constantly been supportive of the resumption of the Six-Party Talks process. Implementation of UNSC Resolutions 1718 and 1874 has been further strengthened. The EU is in the process of enhancing the implementation of its autonomous restrictive measures.

2. CHEMICAL WEAPONS

The implementation of the Council Decision in support of the Organisation for the Prohibition of Chemical Weapons (OPCW) has been sustained. A new Council Decision in support of OPCW activities was endorsed by the CODUN Working Group and will be considered by Relex and the Political and Security Committee for its final adoption by the Council. Delegations in the Hague worked on an EU position on the future role of the Organisation, taking into account the nearing of the final extended deadline for the destruction of all remaining stockpiles of chemical weapons (29 April 2012). Four priorities have been identified: (i) completing the destruction of existing stockpiles; (ii) promoting universality of the CWC (seven states yet not parties); (iii) shifting to non-proliferation efforts; (iv) promoting capacity-building with regard to safety and security in the chemical industry in developing countries, in accordance with Article XI, and responding to the use of chemical weapons, under Article X.

The EU also closely followed the situation in Libya where the OPCW was active in securing the remaining precursors of the former Libyan chemical (and nuclear) weapons program.

3. BIOLOGICAL WEAPONS

Based on previous work and consultations, the EU finalised its preparations for the 7th BTWC Review Conference (Geneva, December 2011) with the objective to support its successive outcome and to promote a strengthening of the Convention. To this end, after having been actively engaged in the Preparatory Committee (Geneva, April 2011), the EU came to the Review Conference with a strong common position through the Decision adopted by the Council on 18 July. The EU’s main priorities are: 1. building confidence in compliance; 2. supporting national implementation; 3. promoting universal adherence.

Relevant projects under the EU Joint Action (now Council Decision) in support of the BTWC were successfully carried out in different regions of the world through demarches, regional workshops (namely, in the Philippines, R. Moldova, Serbia, Peru), and country visits aiming at promoting universality and national implementation. Likewise, the Joint Action in support of the World Health Organisation's activities in the area of laboratory bio-safety and bio-security has been relentlessly implemented. The pilot project in Oman was successfully closed with a ceremony in Muscat on October 24. The main results of this project are now considered by the other Gulf Cooperation Council countries.

4. MISSILES

EU work on missile non-proliferation focused on support to The Hague Code of Conduct (HCOC) has been stepped up. Council Decision 2008/974/CFSP of 18 December 2008, that reached its implementation end-date on the 1st of July 2011, allowed for a series of activities to be conducted which covered three main aspects of the Code: universality, implementation, and respectively enhancement and improved functioning of the Code.

Moreover, on the basis of past activities and proposals discussed in CONOP, the EEAS proposed in November 2011 to enlarge the scope of the next Council Decision, in order to continue support for the HCOC and to also allow for EU activities in support of missile non-proliferation in general. Efforts in support of membership of all EU Member States in the MTCR were actively pursued, including at the meeting of the MTCR Points of Contact in Paris on 6-7 December 2011.

5. CBRN THREAT MITIGATION

The EU has strengthened implementation of the EU CBRN (Chemical, Biological, Radiological and Nuclear) Action Plan adopted in 2009, based on relevant assistance programmes under European Community Instruments and in light of the European Parliament resolution of 14 December 2010 (A7-0349/2010/P7_TA(2010)0467). In this context, the EU started working on setting-up a Nuclear Security Training Centre at the Joint Research Centre of the European Commission, with an initial investment of EUR. 2,4 million Moreover, with the aim of facilitating regional cooperation to enhance CBRN policies and capabilities and based on the ‘EU CBRN Centres of Excellence’ (CoE) Initiative launched by the EU in May 2010, nuclear security — related training and awareness programs are being carried out in the framework of the CBRN CoE in South-East Asia.

The aims and objectives of the CoE Initiative present strong similarities with those of the UNSC Resolution 1540. Both are concerned with illicit trafficking and criminal use of CBRN materials and both target exclusively non-state actors. However, a major difference lies in the approach adopted by the two initiatives. While the UNSC Resolution 1540 is a binding document obliging States to comply with its provisions to establish and implement certain basic minimum standards, the CoE Initiative seeks to involve States on a voluntary basis as partners.

In addition, the EU Initiative offers a comprehensive package to fight against the CBRN risk regardless of origin. The risk is not limited to proliferation, but also encompasses accidental and natural causes.

The CoE Initiative is currently being implemented in eight different regions of the world, namely: South East Europe — Southern Caucasus — R. Moldova — Ukraine; South-East Asia; North Africa; African Atlantic Façade; Middle East; Central Asia; Sub-Saharan Africa; and Gulf Cooperation Countries. By the beginning of 2012, the first five Regional Secretariats, a light structure established in each region, will be fully operational.

6. THINK TANKS

Based on the Council Decision 2010/430/CFSP of 26 July 2010, the EU work under the EU Strategy against Proliferation of Weapons of Mass Destruction has been actively supported by the EU Non-Proliferation Consortium that started its activity in January 2011. Following the First Consultative Meeting (‘kick-off meeting’) of the European network of independent non-proliferation think tanks that took place on 23-24 May 2011, a first Annual Meeting entitled ‘EU Non-proliferation and Disarmament Conference’ will take place in February 2012. The aim is to provide the EU work on the WMD Strategy with further guidance and input through an open discussion forum that includes EU and third countries think tanks and government officials.

7. UNITED NATIONS SECURITY COUNCIL RESOLUTION 1540 AND EXPORT CONTROLS

The EU has boost its support to third countries with a view to assisting them with meeting their obligations under UN Security Council Resolution 1540 and to enhance the skills of State officials involved in the export control process, by organising together with UNODA and the 1540 Committee a number of regional workshops, and by carrying out bilateral visits. A new Council Decision in support of UNSCR 1540 has been drafted and is being finalised, to be implemented together with UNODA in support of the work of the 1540 Committee. The mandate extension for 10 years of the 1540 Committee through resolution 1977 adopted in April 2011 will contribute to persistently curbing the risk of proliferation of weapons of mass destruction to non-state actors.

The EU expressed its longstanding commitment towards pursuing the implementation of resolutions 1540 and 1977 by signing a joint declaration with the US on the margins of the 66th session of the United Nations General Assembly (New York, 19 October 2011).

The EU dual-use export control regime has been further strengthened. On the legislative side, the European Parliament and the Council adopted Regulation (EU) No 1232/2011, which puts in place five new EU General Export Authorisations. The update of the EU control list set out in Annex I to Regulation (EC) No 428/2009 was nearly finalised incorporating both the 2009 and 2010 regime changes. It is expected that the update will enter into force in early 2012. In order to accelerate future update of the control list, the Commission put forward a proposal in November 2011 which foresees that future amendments to Annex I be done via delegated acts. In mid-2011, the Commission launched a review of the EU dual-use export control system under Article 25 of the dual-use Regulation by publishing a Green Paper. Over 100 responses were received to the consultation, which will help shape the reform of the system in 2012. On the non-legislative side, the Commission undertook a number of activities designed to further improve cooperation and the exchange of practical experience on dual-use export controls among the 27 EU Member States. The Commission continued to develop the Dual-use e-System, which facilitates information exchange on export controls among the Member States. Significant progress was made on the development of EU guidelines on dual-use export controls. Other activities included the organisation of peer visits, the hosting of the 2011 Dual-use Exporter Conference and working on the development of an EU training programme on export controls.

8. SPACE

On the basis of the Council Conclusions on 27 September 2010 containing the revised draft for a Code of Conduct for Outer Space Activities, the EU has consulted with a series of countries, active or not yet active on space issues, to discuss that proposal and gather their views. Negotiations will now be taken at another level, as the first EU-sponsored Multilateral Experts Meeting to discuss the draft Code will take place during the first semester of 2012, and will be open to participation by all States. This meeting will serve to prepare the subsequent ad-hoc diplomatic conference, at which the Code will be opened for signature.

9. WMD CLAUSES

The EU continued, in accordance with its WMD Strategy, to mainstream non-proliferation of WMD into its contractual relations with third countries.

During the second semester of 2011, further progress was achieved in the negotiation of WMD clauses in relevant agreements between the EU and third countries, and in particular with MERCOSUR, Azerbaijan, Malaysia, and Singapore.

10. MULTILATERAL FORA

— G8

The EU played an active role in the meetings of the Non-proliferation and Disarmament Directors of G8 and presented in particular the results of the EU Seminar on the WMD free zone in the Middle East (Brussels, 6-7 July).

Global Partnership, nine years after its creation in 2002, has expanded beyond the G8 to become a platform of coordination and cooperation, counting now 15 additional partners. At the Deauville Summit in May 2011, leaders agreed to further strengthen biological security, 1540 implementation and nuclear security. The US, who will chair the G8 in 2012, announced at the last Global Partnership meeting under the French G8 Presidency that better coordination, adequate funding and sound management of smaller projects (compared to Russia's approach) will be a priority. Bringing in (other) regional organisations will be discussed as well as reinforcing regional ownership. The EU Centres of Excellence were presented as an interesting methodology that could be used by the G8 to facilitate exchange of information regionally and, possibly, avoid duplication among donors.

— ASEAN Regional Forum

The EU has enhanced its participation in the activities of the ASEAN Regional Forum (ARF). With the US in lead, the draft Work-Plan on Non-Proliferation and Disarmament was developed and tabled for endorsement by ARF Ministers in July 2011.

As, at the ARF Inter-Sessional Support Group Meeting on confidence-building measures and preventive diplomacy held in Cambodia on 8-9 December, some participants requested more time for consultations on the draft Work Plan, its endorsement was postponed. The EU expressed support for an early adoption of the document and informed about the CBRN Centres of Excellence initiative focusing on South-East Asia. The Philippines, Republic of Korea and Australia will co-chair the Fourth Inter-Sessional Meeting on Non-Proliferation and Disarmament in March 2012. The draft Work Plan will be further submitted for finalisation at the next ARF Senior Officials Meeting in May 2012.

11. POLITICAL DIALOGUE MEETINGS

Political dialogue meetings on non-proliferation and disarmament were organised with Canada (New York, 6 October), Ukraine (New York, 5 October) and the United States (12 December). Informal consultations on non-proliferation and disarmament were held with Japan (Brussels, 8 July) and South Africa (Vienna, 16 November).