1999/346/CFSP: Common Position of 17 May 1999 adopted by the Council on the basis of Article 15 of the Treaty on European Union, relating to progress towards a legally binding Protocol to strengthen compliance with the Biological and Toxin Weapons Convention (BTWC), and with a view to the successful completion of substantive work in the Ad Hoc Group by the end of 1999
Date: 1999-05-17
Institutions: Council of the European Union
Subjects: EU control, biological weapon, international security, non-proliferation of arms, protocol to an agreement, weapon of mass destruction

28. 5. 1999

EN

Official Journal of the European Communities

L 133/3

COMMON POSITION

of 17 May 1999

adopted by the Council on the basis of Article 15 of the Treaty on European
Union, relating to progress towards a legally binding Protocol to strengthen
compliance with the Biological and Toxin Weapons Convention (BTWC), and
with a view to the successful completion of substantive work in the Ad Hoc
Group by the end of 1999

(1999/346/CFSP)

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS COMMON POSITION:

Having regard to the Treaty on European Union and in
particular Article 15 thereof,

Article 1

(1) Whereas on 25 June 1996 the Council defined
Common Position 96/408/CFSP relating to the
preparation of the Fourth Review Conference of
the Convention on the prohibition of the develop-
ment, production and stockpiling of bacteriological
(biological)
and on their
destruction (BTWC) (1);

and toxin weapons

Position

98/197/CFSP

(2) Whereas on 4 March 1998 the Council defined
to
Common
relating
progress towards a legally binding protocol
to
strengthen compliance with the Biological and
Toxin Weapons Convention (BTWC) and the
intensification of work in the Ad Hoc Group to
that end (2);

(3) Whereas it is appropriate to review Common Posi-
tion 98/197/CFSP,
to contribute to
in order
promoting work in the Ad Hoc Group, with a view
to achieving substantive progress by the end of
1999;

(4) Whereas it is appropriate to recall the Declaration
by the Austrian Presidency on behalf of the Euro-
pean Union on the negotiations of a Protocol to
the Biological and Toxin Weapons Convention
(BTWC) of 22 December 1998;

(5) Whereas it is also appropriate to recall that the
final Declaration of the Fourth Review Conference
of States Parties
to the Biological and Toxin
Weapons Convention determined to strengthen the
effectiveness and improve the implementation of
the Convention through a legally binding instru-
ment, and welcomed the establishment of an Ad
Hoc Group open to all States Parties to negotiate a
Protocol aimed at achieving this goal before the
commencement of the Fifth Review Conference,
which is to be held no later than 2001,

(1) OJ L 168, 6.7.1996, p. 3.
(2) OJ L 75, 12.3.1998, p. 2.

In line with the decision of the Fourth Review Confer-
ence, the objective of this Common Position shall be to
promote the conclusion of the negotiations, in the BTWC
Ad Hoc Group, on a legally binding protocol establishing
a verification and compliance regime that will effectively
strengthen the BTWC Convention. In order to achieve
this, it is imperative to complete all the stages necessary
for the adoption of the Protocol by a special conference of
States Parties in 2000.

Article 2

It is essential that, besides the allocation of the necessary
time for the Ad Hoc Group, all participants in the nego-
tiations work intensively towards the resolution of key
issues. To achieve this goal by the end of 1999 the efforts
undertaken by the chairman of the Ad Hoc Group and
the Friends of the chair will be actively supported.

Article 3

Agreement shall be promoted, in particular in the nego-
tiations, on the following measures which are both central
to, and essential for, an effective Protocol to strengthen
compliance with the BTWC:

(cid:190) declarations of a range of facilities and activities rele-
vant to the Convention, inter alia so as to enhance
transparency,

(cid:190) effective follow-up to these declarations in the form of
visits, on the basis of appropriate mechanisms of
random selection, so as to enhance transparency of
declared facilities and activities, promote accuracy of
declarations, and ensure fulfilment of declaration obli-
gations in order to ensure further compliance with the
Protocol,

(cid:190) appropriate clarification procedures supplemented, if
need be, by on-site activities whenever there is an
anomaly, ambiguity or omission in a declaration
submitted by a State Party, which requires such
procedures. Appropriate clarification procedures shall
also be followed whenever a facility meeting the
criteria for declaration ought to have been declared
but was not,

L 133/4

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Official Journal of the European Communities

28. 5. 1999

(cid:190) provision for rapid and effective investigations into
concerns over non-compliance, including both facility
and field investigations,

between representatives of the European industry and
those involved in the negotiations within the Ad Hoc
Group.

including a

small permanent

(cid:190) establishment of a cost-effective and independent
staff,

organisation,
capable of implementing the Protocol effectively,
(cid:190) provision for specific measures in the context of
Article 7 of the Protocol in order to further inter-
national cooperation and exchanges in the field of
biotechnology. Such measures shall include assistance
to promote the Protocol’s implementation.

Article 4

The action taken in support of the objectives set out in
Articles 2 and 3 shall include:
joint positions
(cid:190) pursuit of

in the negotiations,
including where appropriate the tabling of specific
papers and proposals for submissions to the Ad Hoc
Group, in particular on the central areas and elements
identified in Article 3,

(cid:190) demarches by the Presidency, under the conditions
laid down in Article 18(3) and (4) of the Treaty, with
regard to States Parties, in order to urge their support
for the objectives set out in Articles 1, 2 and 3,
(cid:190) contacts between Governments of Member States and
industry, supported by the Commission where appro-
furthering understanding
priate, with the aim of

Article 5

Member States shall also continue to promote the univer-
sality of the BTWC Convention.

Article 6

This Common Position shall take effect on the date of its
adoption. It shall replace Common Position 98/197/
CFSP.

Article 7

This Common Position shall be published in the Official
Journal.

Done at Brussels, 17 May 1999.

For the Council

The President

J. FISCHER