EN Official Journal of the European Union C 237/1

Six-monthly Progress Report on the implementation of the EU Strategy against the Proliferation of Weapons of Mass Destruction (2012/I)

2012/C 237/01

Introduction

This progress report covers activities carried out in the first half of 2012 in the context of the implementation of the WMD Strategy (doc. 15708/03) adopted by the European Council in December 2003, in the light of the ‘Updated List of priorities’ (doc. 10747/08) adopted by the Council in June 2008, and of the ‘New lines for action’ (doc. 17172/08) adopted by the Council in December 2008.

Since the establishment of the European External Action Service (EEAS), the High Representative, supported by the European External Action Service (EEAS) staff, is fulfilling most of the tasks previously exercised by the rotating Presidency of the Council of the EU, and is gradually taking over the remaining tasks, currently exercised by the rotating Presidency in support of the EEAS, in particular at some of the international meetings. Representatives of the High Representative chair the Council Working Parties dealing with Non-Proliferation and Disarmament and organise 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 in the field 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 and the European Security Strategy. Accordingly, it pursued these objectives in all the key events during the first semester, notably the EU Non-Proliferation and Disarmament Conference in February, the Seoul Nuclear Security Summit in March, the NPT Preparatory Committee meeting in April-May, as well as in 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, in particular through political dialogue meetings and more informal contacts.

1. NUCLEAR ISSUES

The Non-Proliferation Working Group (CONOP) actively prepared the IAEA Board of Governors meetings in March and June 2012. It discussed and prepared the EU contributions to the Seoul Nuclear Security Summit, the NPT Preparatory Committee meeting, the Nuclear Suppliers Group, the Australia Group as well as other relevant meetings in the nuclear field. 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 2010 Non-Proliferation Treaty (NPT) Review Conference

The EU actively participated in the NPT Preparatory Committee (PrepCom) meeting organised in Vienna on 30 April – 11 May 2012, and reported on its activities with regard to the implementation of the Action Plan adopted at the 2010 NPT Review Conference, including the understandings reached on the Middle East. The EU delivered one General Statement and three Cluster Statements, and presented two Working Papers (one with regard to the implementation of the 2010 NPT Review Conference conclusions and recommendations for follow-on actions, and one on peaceful uses of nuclear technology). It organised a well-attended side event on the latter topic, together with the IAEA during the PrepCom meeting. Building on the outcome of the successful EU Seminar organised 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, a similar follow-up initiative has been discussed with the Facilitator for the 2012 Conference. Work is in progress for the EU to organise another track 2 event on this subject next autumn.

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 their support to third countries in this field, i.a. through the border monitoring working group. It has also engaged in discussions with the IAEA to enhance cooperation in other areas of IAEA activity, increase visibility of EU contributions and to further coordinate action in particular in the field of Nuclear Security, in order to ensure complementarity and avoid overlap between activities undertaken by the EU CBRN Centres of Excellence and the IAEA, and take benefit from their complementarity.

The European Union is committed since 2008 by Council Conclusions to contribute up to EUR 25 million to the IAEA LEU (Low Enriched Uranium) Bank through the CFSP budget and the Instrument for Stability (IfS). It also provided more than EUR 5 million to the international project aiming at expanding and modernizing the Seibersdorf laboratory. Work on these contributions has been ongoing. Regarding the IAEA LEU Bank, the first instalment for the IAEA LEU Bank (EUR 10 million, paid to the IAEA through the Instrument for Stability on 8 December 2011) will be complemented by a second instalment of EUR 10 million from the IfS. Another contribution is to be provided from the CFSP budget, based on a Council Decision planned to be approved by the Council in early 2013. Regarding the Seibersdorf laboratory, the first instalment (EUR 4,75 million, through the Instrument for Stability, paid to the IAEA on 2 December 2011) will be complemented in 2012 by an additional contribution. 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 EU has used its various instruments to enable safe and secure implementation of peaceful uses of nuclear technology in third countries, including through the IAEA.

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. The EU updated its internal guidelines supporting the entry into force of the CTBT, based on which awareness of the CTBT will continue to be raised in various contexts, including in political dialogue meetings, in order to create further momentum for the ratification of the Treaty.

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. On 30 June 2012, the implementation of Council Decision 2008/588/CFSP was fulfilled. Due to unforeseen delays in equipment procurement the CTBTO Provisional Technical Secretariat asked for the extension by two years of the implementation period of Council Decision 2010/461/CFSP originally due to expire on 16 May 2012. The EU has started working on possible additional support for the work of the CTBTO Provisional Technical Secretariat (a draft of a new Council Decision, complementary to Council Decision 2010/461/CFSP, was endorsed by CONOP and is envisaged to be adopted by the Council during 2012).

1.4 Conference on Disarmament (CD)

The EU has persistently pressed for the immediate start of negotiations on a Fissile Material Cut-Off Treaty (FMCT). In addition, 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 continue to use every opportunity in 2012 to advance the international discussion on and prepare internally for an early start of FMCT negotiations, and will participate in relevant events, including those organised by the Non-Proliferation and Disarmament Initiative (NPDI).

1.5 Regional issues (Iran, DPRK)

The EU has remained fully committed to the ongoing efforts aimed at achieving a diplomatic solution to the Iranian nuclear issue through negotiations, based on the NPT and the full implementation of all relevant UNSC and IAEA Board Resolutions. The EU has urged Iran to take concrete and practical steps aimed at building confidence in the exclusively peaceful nature of the Iranian nuclear programme, and to comply with all its international obligations in order to address the serious concerns of the International Community. Iran has to fully cooperate with the IAEA in order to resolve outstanding issues, including those concerning possible military dimensions. The EU High Representative, together with the E3 + 3, has continued her efforts to engage Iran into discussions on the substance of proposals for initial confidence building steps to address the priority concern of 20 % enrichment activities, most recently during the round of talks with Iran on 18-19 June 2012 in Moscow. The EU expressed regrets that Iran has not yet given formal agreement to the structured approach document, discussed with the IAEA on 8 June 2012 also, which would set out the modalities for resolving outstanding issues, including those concerning possible military dimensions, relating to Iran's nuclear programme.

Regarding the DPRK, the EU has strongly condemned the attempted launch conducted on 13 April 2012, which constitutes a clear violation of the UN Security Council Resolutions 1695, 1718 and 1874, and has continued to strongly urge the DPRK to abandon all its existing nuclear and ballistic missile programs in a complete, verifiable and irreversible manner. The EU has continued to call on the DPRK to return to full compliance with the NPT and IAEA safeguards obligations, and provide the IAEA with the requested access to individuals, documentation, equipment and facilities. The EU has constantly been supportive of the resumption of the Six-Party Talks process. Implementation by the EU of UNSC Resolutions 1718 and 1874 has been further strengthened. The EU has continued to enhance the implementation of its autonomous restrictive measures. In June 2012, it demarched the DPRK urging it to ratify the CTBT and to refrain from any further provocative acts, in particular in the form of new nuclear tests.

2. CHEMICAL WEAPONS

A new Council Decision in support of OPCW activities was adopted by the Council. The Commission and the OPCW Technical Secretariat are well advanced in their financial negotiations and the implementation of the new Council Decision should soon begin. Delegations in The Hague worked on an EU position on the future role of the Organisation, taking into account 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 (eight States not yet 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. Coordination between the EEAS and delegations in The Hague started with the aim of elaborating an EU common position towards the 3rd OPCW Review Conference (April 2013).

The EU also closely followed the situation in Libya where the OPCW was to ensure the integrity of the chemical weapon stockpiles of the former Libyan chemical weapons program.

3. BIOLOGICAL WEAPONS

Following the 7th BTWC Review Conference (Geneva, December 2011), the EU started to prepare for the Intersessional Process. The EU's role was discussed at the working group level and it was agreed to prepare a common position to support the decisions and recommendations of the Seventh Review Conference. This included projects related to the following standing agenda items: (1) international cooperation and assistance; (2) strengthening of national implementation; (3) capacity building in bio-safety and bio-security.

New Council Decisions in support of the BTWC and in support of the World Health Organisation's activities in the area of laboratory bio-safety and bio-security were drafted and endorsed at the working group level with the view to their adoption by the Council respectively by July and in Autumn.

4. MISSILES

EU work on missile non-proliferation focused on support to The Hague Code of Conduct (HCoC) and has been stepped-up. Council Decision 2008/974/CFSP of 18 December 2008, that reached its implementation end-date on the 1 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.

On the basis of past activities and proposals discussed in CONOP, the EEAS proposed 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. The Council Decision was endorsed by CONOP in April 2012. The Fondation pour la Recherche Stratégique (FRS) has been chosen, following consultations with Member States, as the implementing agency. The EU actively participated in the annual meeting of the Hague Code of Conduct on ballistic missile non-proliferation in Vienna on 31 May – 1 June 2012 where the EU statement contained a robust political clause of alignment of third countries, and will prepare the Hague Code of Conduct's 10th anniversary later this year. The new Council Decision has been presented at this occasion.

In 2012, the EU and its Member States continued to support the activities of the Romanian HCoC Chairmanship inter alia for consolidating the current positive political momentum of the Code and for better raising its worldwide awareness. A presentation of the 2011 observation visit in Kourou (French Guyana), a previous EU fund activity, was delivered during the HCoC seminar ‘Ten Years of International Cooperation’, organised in Bucharest in 26-27 April as a contribution for making a decade since the Code's inception.

5. CBRN RISK 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 (notably the Instrument for Stability) 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.

The ‘EU CBRN Centres of Excellence’ (CoE) Initiative was launched by the EU in May 2010. EU CBRN Centres of Excellence are being created in response to the recognition of insufficient institutional capacity of several countries to mitigate the CBRN risk: criminal activities (CBRN proliferation or terrorism), natural (swine flu) and accidental disasters (Bhopal or Fukushima). Their objective is to develop an all-hazard CBRN policy at national and regional level to anticipate and respond to these risks. In short, these are structural measures to reduce the vulnerability of countries to the CBRN events in the reciprocal interest of regions and the EU security.

The way to achieve this objective is to support the creation of regional networks of expertise in the legal, regulatory, technical, control and enforcement matters regarding the CBRN risk mitigation.

Five regional centres are being established in North Africa, Atlantique Façade, Middle East, South-East Europe - Southern Caucasus - R. Moldova - Ukraine and South-East Asia and are starting their work. Next step will see the opening of regional Secretariats in Sub-Saharan Africa, Central Asia and Gulf Countries. Thirty-three projects amounting to nearly EUR 26 million are already on track at different levels of implementation: on-going offers under evaluation or project at definition stage.

The CoE contribute together with other EU funds, provided through the CFSP budget (see para 7), to the objectives of the UNSC Resolution 1540 on the fight against illicit trafficking or criminal use of CBRN materials. The CoE build on the mandatory character of the implementation of the UNSC Resolution 1540 and go one step beyond offering a comprehensive package to fight against risks regardless of origin.

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 (23-24 May 2011) and the EU Seminar in support of a WMD Free Zone in the Middle East (6-7 July 2011), a first Annual Meeting entitled ‘EU Non-proliferation and Disarmament Conference’ with nearly 200 participants from the EU and third countries successfully took place on 3-4 February 2012. A next conference is envisaged in 2014. In the meantime, the Consortium continues to produce, in cooperation with other European think tanks in the field, working papers relevant to the implementation of the WMD Strategy, publicly available on the Consortium's website <http://www.nonproliferation.eu/>.

7. UNITED NATIONS SECURITY COUNCIL RESOLUTION 1540 AND EXPORT CONTROLS

The EU had expressed, 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), its longstanding commitment towards pursuing the implementation of resolutions 1540 and 1977.

The EU therefore boosted 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 that focuses on national implementation efforts has been drafted and is being finalised, to be implemented together with UNODA in support of the work of the 1540 Committee, the mandate of which had been extended for 10 years through resolution 1977 adopted in April 2011.

The EU dual-use export control regime has been further amended by Regulation 1232/2011 adopted on 16 November 2011 and Regulation 388/2012 adopted on 19 April 2012.

The EU also launched an extensive technical assistance programme on export control focused in the first instance on neighbouring countries and which will be gradually expanded to South-East Asia and the Mediterranean. In this context, the EU co-sponsored a ‘Conference of International, Regional and Sub-regional Industry Associations on UN Security Council Resolution 1540 (2004)’ in Wiesbaden (Germany) from 23 to 25 April 2012, and co-organised – together with the US – the 13th International Conference on Export Control in Portorož (Slovenia) from 7 to 9 May 2012.

8. SPACE

On the basis of the Council Conclusions of 27 September 2010 containing a 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. On the basis of these consultations, the EU produced a revised draft which was presented on 5 June 2012 in Vienna, at a meeting attended by 110 participants from more than 40 countries. This meeting was the occasion to officially launch the multilateral diplomatic process to finalise the Code. The first Multilateral Experts Meeting to discuss the draft Code will take place in October 2012, and will be open to participation by all States. More than one Multilateral Experts Meeting will be necessary to finalise the Code. These meetings will serve prepare the subsequent diplomatic steps, including an 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.

Further progress was achieved in the negotiation of WMD clauses in relevant agreements between the EU and third countries, and in particular with MERCOSUR, Afghanistan, Australia, Azerbaijan, Canada, Kazakhstan and Malaysia.

10. MULTILATERAL FORA

— G8

The EU played an active role in several meetings of the Non-proliferation and Disarmament Directors in the run-up to the Camp David G8 Summit and in preparing the G8 Summit Statement on non-proliferation and assisted in carrying out several demarches on the IAEA Additional Protocol, in association with the US presidency.

The Global Partnership (GP), 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 have agreed to further strengthen biological security, 1540 implementation and nuclear security. The US, acting as G8 chair in 2012, took this agenda forward, in particular by creating a GP Bio-security Sub-Working Group under the GP Working Group. Bringing in (other) regional organisations as well as reinforcing regional ownership were important subjects of discussion. The EU Centres of Excellence gained momentum within the G8 and the G8GP, in particular as a tool to facilitate exchange of information regionally and, possibly, avoid duplication among donors.

— ASEAN Regional Forum

The EU continued its participation in the activities of the ASEAN Regional Forum (ARF). In particular, the EU took part in the ASEAN Regional Forum Intersessional Meeting on Non-Proliferation and Disarmament in Sydney on 8-9 March 2012. The EU expressed support for adoption of the draft Work Plan on Non-Proliferation and Disarmament and informed about the EU's WMD-related export control assistance and the CBRN Centres of Excellence initiative focusing on South-East Asia. After four years of work on the draft Work Plan, the ARF Intersessional Meeting on Non-Proliferation and Disarmament finally approved the draft with a view to its eventual adoption by Ministers at the ARF meeting in July 2012. The ARF Intersessional Meeting on Non-Proliferation and Disarmament will take place again in the Philippines where it would focus on peaceful uses in 2013 and in Japan where it would focus on disarmament in 2014.

11. POLITICAL DIALOGUE MEETINGS

Political dialogue meetings on non-proliferation and disarmament at working group level were organised with South Africa (Vienna, 8 May 2012) and Argentina (Vienna, 9 May 2012). Informal consultations on non-proliferation and disarmament were held i.a. with India (Brussels, 29 March 2012), Brazil, Egypt, the Russian Federation, US, UN Office for Disarmament Affairs (Vienna, 30 April 2012), and Japan (Vienna, 11 May 2012).