WRITTEN QUESTION E-0451/97 by Arie Oostlander (PPE) to the Council (19 February 1997)

Subject: Reports on the supply to Iraq of primary products for biological weapons by Netherlands undertakings in the period 1989-1992

Is the Council aware of a US Air Force Intelligence report that identifies the Netherlands firm ORVET as the undertaking that in 1992 supplied anthrax vaccines to Iraq through the UN Food and Agricultural Organization for use in FAO project OSRO/IRQ/103/FIN?

Is it true that this or another Netherlands undertaking has supplied Iraq with vaccines to protect Iraqi troops against the poison botulin, a toxic substance that is also used in weapons produced in Iraq, and that this contravenes international regulations?

Is it true that in 1989 the Iraqi government purchased from an unknown Netherlands source a fungus that is a basic primary product for poisons that were produced at the Saddam University in Baghdad and that may well have been used in waging biological warfare, and that this contravenes international regulations?

Does the Council intend to conduct an investigation into the monitoring of exports of primary products that can be used for both military and civilian purposes, in particular certain agricultural products that can also be used for the production of chemical and/or biological weapons?

Answer (27 May 1997)

The Council has not been informed of, and has therefore not discussed, the alleged facts mentioned by the Honourable Member, in relation to the supply of vaccines and other natural products by some Netherlands undertakings to Iraq, during the period 1989-1992.

With regard to his last question, the Honourable Member will be aware of the fact that the Council adopted in 1994 a comprehensive and detailed "regime¨ of export controls of dual-use goods.

The Council Regulation (EC) No 3381/94 of 19 December 1994, setting up a Community regime for the control of exports of dual-use goods, submits to export controls all dual-use goods, listed in Annex I to Council Decision 94/942/CFSP of 19 December 1994 on the joint action adopted by the Council on the basis of Article J.3 of the TEU concerning the control of exports of dual-use goods ((Both texts are in OJ L 367, 31.12.1994. )), and successive modifications. This list includes, among others, human pathogens, zoonoses and toxins, animal pathogens, genetically-modified "microorganisms¨, and plant pathogens. However, anthrax and botulinum in the form of vaccines, to which the question refers, are explicitly excluded under item 1C351 on this list of dual use goods subject to export control. The reason for this is that in the form of immunotoxines or vaccines, "human pathogens, zoonoses and toxines¨ listed in item 1C351, are technically not suitable for the production of biological or chemical weapons.

The control on exports of those goods falls under the responsibilities of the competent authorities for the export of such goods, national authorities must take into consideration the "Guidelines¨ set out in Annex III to the Joint Action Decision.

It must be noted that Article 4, paragraph 3, of the Regulations provides for an additional "catch-all¨ clause. Member States are in fact allowed to adopt or maintain national legislation stipulating that the exporting company has to notify its authorities where it has grounds for suspecting that goods not listed in Annex I are intended, wholly or in part, for use in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons. This aims at strengthening the export control regime.