Council Common Position 2006/242/CFSP of  20 March 2006  relating to the 2006 Review Conference of the Biological and Toxin Weapons Convention (BTWC)
Date: 2006-03-20
Institutions: Council of the European Union
Subjects: biological weapon, chemical weapon, international agreement, international conference, non-proliferation of arms, weapon of mass destruction

25.3.2006

EN

Official Journal of the European Union

L 88/65

(Acts adopted under Title V of the Treaty on European Union)

COUNCIL COMMON POSITION 2006/242/CFSP

of 20 March 2006

relating to the 2006 Review Conference of the Biological and Toxin Weapons Convention (BTWC)

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

(1)

(2)

(3)

(4)

The European Union considers the Convention on the
Prohibition of the Development, Production and Stock-
piling of Bacteriological (Biological) and Toxin Weapons
and on Their Destruction (BTWC) as a key component of
the
international non-proliferation and disarmament
framework and the cornerstone of efforts to prevent
biological agents and toxins from ever being developed
and used as weapons. Furthermore, the European Union
remains committed to the development of measures to
verify compliance with the BTWC in the longer term.

the Council adopted Common
On 17 May 1999,
Position 1999/346/CFSP (1) relating to progress towards
a legally binding Protocol to strengthen compliance with
the BTWC and on 25 June 1996, Common Position
96/408/CFSP (2) relating to preparation for the Fourth
Review Conference of the BTWC.

On 17 November 2003 the Council adopted Common
Position 2003/805/CFSP on the universalisation and rein-
forcement of multilateral agreements in the field of non-
proliferation of weapons of mass destruction and means
of delivery (3). Under that Common Position, the BTWC
is included as one of these multilateral agreements.

On 12 December 2003, the European Council adopted a
Strategy against the Proliferation of Weapons of Mass
inter alia, at reinforcing the
Destruction which aims,
the
BTWC, continuing reflection on verification of
the
implementation of
BTWC,
and
legislation,
penal
BTWC,
strengthening compliance with it.

supporting national
through
including

(1) OJ L 133, 28.5.1999, p. 3.
(2) OJ L 168, 6.7.1996, p. 3.
(3) OJ L 302, 20.11.2003, p. 34.

(5)

(6)

(7)

(8)

(9)

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. Implementation of the provisions of
this Resolution contributes to implementation of
the
BTWC.

On 1 June 2004, the Council adopted a statement of
the Proliferation Security Initiative on
support
Weapons of Mass Destruction.

for

On 14 November 2002, the States Parties to the BTWC
decided, by consensus, to hold three annual meetings of
States Parties of one week duration commencing in 2003
until the Sixth Review Conference, to be held not later
than the end of 2006. Each meeting of the States Parties
would be prepared by a two-week meeting of experts,
and the Sixth Review Conference would consider the
work of
these meetings and decide on any further
action. The States Parties decided that the Sixth Review
Conference would be held in Geneva in 2006, and would
be preceded by a Preparatory Committee.

the United Nations General
On 13 December 1982,
adopted a Resolution (A/RES/37/98) on
Assembly
Chemical
(Biological) Weapons
and Bacteriological
requesting the United Nations Secretary-General to inves-
tigate information that may be brought to his attention
concerning activities that may constitute a violation of
the 1925 Geneva Protocol. On 26 August 1988 the
United Nations Security Council adopted Resolution
inter alia, encourages the Secretary-General
620 which,
to carry out promptly investigations in response to alle-
gations concerning the possible use of chemical and
bacteriological
(biological) or toxin weapons that may
constitute a violation of the 1925 Geneva Protocol.

On 27 February 2006, the European Union agreed on a
Joint Action in respect of the BTWC with the objectives
of promoting universality of the BTWC and supporting
its implementation by States Parties in order to ensure
that States Parties transpose the international obligations
of the BTWC into their national legislation and admin-
istrative measures.

L 88/66

EN

Official Journal of the European Union

25.3.2006

In parallel with the Joint Action, the European Union
agreed on an Action Plan in respect of the BTWC in
which Member States undertook to submit Confidence
Building Measures returns to the United Nations in April
2006 and lists of relevant experts and laboratories to the
United Nations Secretary-General to facilitate any inves-
tigation of alleged chemical and biological weapons use.

(d) help build a consensus for a successful outcome of the Sixth
Review Conference, on the basis of the framework estab-
lished by previous such Conferences, and shall promote,
inter alia, the following essential issues:

(10)

(11)

the

light of

forthcoming BTWC Review
In the
Conference during the period 20 November
to 8
December 2006 and its Preparatory Committee 26 to
the
is
28 April 2006,
European Union position,

appropriate

to update

it

HAS ADOPTED THIS COMMON POSITION:

Article 1

The objective of the European Union shall be to strengthen
further the Convention on the Prohibition of the Development,
Production and Stockpiling of Bacteriological
(Biological) and
Toxin Weapons Convention and on Their Destruction
(BTWC). The European Union continues to work towards iden-
verify
tifying
compliance with the BTWC. The European Union shall
therefore promote a successful outcome of the Sixth Review
Conference in 2006.

effective mechanisms

strengthen

and

to

Article 2

For the purposes of the objective laid down in Article 1, the
European Union shall:

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

(b) support a further intersessional work programme during the
period between the Sixth and Seventh Review Conferences
and identify specific areas and procedures
further
progress under this work programme;

for

(i) universal accession of all States to the BTWC, including
calling on all States not party thereto to accede to the
BTWC without further delay and to commit legally to
the disarmament and non-proliferation of biological
and toxin weapons; and, pending the accession of
such States to the BTWC, encouraging such States to
participate as observers in the meetings of the States
Parties to the BTWC and to implement its provisions
on a voluntary basis. Working towards the ban on
declared
being
biological
toxin weapons
universally
law,
international
including through universalisation of the BTWC;

and
binding

rules

of

(ii) full compliance with the obligations under the BTWC
and effective implementation by all States Parties;

(iii) in relation to full compliance with all the provisions of
the BTWC by all States Parties, strengthening, where
necessary, national implementation measures, including
penal legislation, and control over pathogenic micro-
organisms and toxins in the framework of the BTWC.
Working towards identifying effective mechanisms to
strengthen and verify compliance within the BTWC;

of

the

among

information

(iv) efforts to enhance transparency through the increased
States
Parties,
exchange
information exchange
including through the annual
the Convention
to
Parties
among
(Confidence Building Measures
identifying
measures to assess and enhance the country coverage
and the usefulness of
the CBM mechanism, and
exploring the relevance of any possible enhancement
of its scope;

(CBM)),

States

(v) compliance with obligations under United Nations
Security Council Resolution 1540 (2004), in particular
to eliminate the risk of biological or toxin weapons
terrorist purposes,
being
to materials,
including
equipment, and knowledge that could be used in the
development and production of biological and toxin
weapons;

acquired or used

possible

terrorist

access

for

(c) support a Seventh Review Conference of the BTWC, to be

held no later than 2011;

(vi) the G8 Global Partnership programmes targeted at
for disarmament, control and security of

support
sensitive materials, facilities, and expertise;

25.3.2006

EN

Official Journal of the European Union

L 88/67

(vii) consideration of, and decisions on further action on,
the work undertaken to date under the intersessional
programme during the period 2003 to 2005 and the
efforts to discuss, and promote common understanding
the adoption of necessary
and effective action on:
national measures to implement the prohibitions set
forth in the BTWC, including the enactment of penal
legislation; national mechanisms
to establish and
maintain the security and overseeing of pathogenic
micro-organisms and toxins; enhancing international
capabilities for responding to, investigating, and miti-
gating the effects of, cases of alleged use of biological
or toxin weapons or suspicious outbreaks of disease;
strengthening and broadening national and interna-
institutional efforts and existing mechanisms
tional
for
and
detection,
the
combating of
infectious diseases affecting humans,
animals, and plants; the content, promulgation, and
for scientists; noting
adoption of codes of conduct
abovementioned
that
the
subjects will be required by all States Parties
to
enhance implementation of the BTWC.

surveillance,

continued

diagnosis

efforts

on

(i) with a view to promoting universal accession to the

BTWC;

(ii) to promote national implementation of the BTWC by

States Parties;

(iii) to urge States Parties to support and participate in an
effective and complete review of the BTWC and thereby
reiterate their commitment to this fundamental interna-
tional norm against biological weapons;

(iv) to promote the abovementioned proposals submitted
by the European Union for States Parties' consideration
which are aimed at further strengthening the BTWC;

(c) statements by the European Union delivered by the
the Review

Presidency in the run up to, and during,
Conference.

Article 4

Article 3

This Common Position shall
adoption.

take effect on the day of

its

Action taken by the European Union for the purposes of Article
2 shall comprise:

Article 5

(a) agreement by Member States on specific, practical and
feasible proposals for the effective enhancement of
the
implementation of the BTWC for submission on behalf of
the European Union for consideration by States Parties to
the Convention at the Sixth Review Conference;

(b) where appropriate, approaches by the Presidency, pursuant

to Article 18 of the Treaty on European Union

This Common Position shall be published in the Official Journal
of the European Union.

Done at Brussels, 20 March 2006.

For the Council
The President

U. PLASSNIK