Council Common Position 2007/469/CFSP of 28 June 2007 relating to the 2008 Review Conference of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (CWC)
Date: 2007-06-28
Institutions: Council of the European Union
Subjects: Organisation for the Prohibition of Chemical Weapons, chemical weapon, international convention, international meeting, non-proliferation of arms, weapon of mass destruction, weapons' destruction

6.7.2007

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Official Journal of the European Union

L 176/39

COUNCIL COMMON POSITION 2007/469/CFSP

of 28 June 2007

relating to the 2008 Review Conference of the Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons and on their Destruction (CWC)

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)

On 29 April 1997, the Convention on the Prohibition of
the Development, Production, Stockpiling and Use of
Chemical Weapons and on their Destruction (CWC)
entered into force. The Convention aims at eliminating
an entire category of weapons of mass destruction by
prohibiting the development, production, acquisition,
chemical
stockpiling,
weapons by States Parties. States Parties,
in turn, must
take the steps necessary to enforce that prohibition in
respect of persons (natural or legal) within their juris-
diction.

transfer or use of

retention,

The European Union considers the CWC to be a key
the international non-proliferation and
component of
disarmament framework and a unique disarmament and
non-proliferation instrument
the integrity and strict
application of which must be fully guaranteed. All EU
Member States are States Parties to the CWC.

the

In particular,

From 28 April to 9 May 2003, States Parties of the
Organisation for the Prohibition of Chemical Weapons
(OPCW) convened in The Hague for the First Review
Conference.
First CWC Review
Conference assessed the destruction process of declared
arsenals. It took into account relevant scientific and tech-
nological developments
the Convention was
since
drafted. It also reviewed and re-examined the provisions
of the Convention relating to verification in the chemical
industry. The Conference provided strategic guidance for
the next phase of the implementation of the CWC.

On 17 November 2003 the Council adopted Common
Position 2003/805/CFSP (1) on the universalisation and
reinforcement of multilateral agreements in the field of
non-proliferation of weapons of mass destruction and
means of delivery. Under that Common Position, the
CWC is included as one of these multilateral agreements.

to the multilateral treaty system, and underlines, inter alia,
the crucial role of the CWC and of the OPCW in creating
a world free of chemical weapons.

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
CWC.

On 22 November 2004 the Council adopted the first
Joint Action 2004/797/CFSP on support
for OPCW
the implementation of
activities in the framework of
the EU Strategy against the Proliferation of Weapons of
Mass Destruction (2). This Joint Action has been followed
by Joint Action 2005/913/CFSP (3), adopted on 12
December 2005, and Joint Action 2007/185/CFSP (4),
adopted on 19 March 2007.

On 6 December 2006 the United Nations General
Assembly adopted by consensus a Resolution on the
Implementation of the Convention on the Prohibition
of
the Development, Production, Stockpiling and Use
of Chemical Weapons and on their Destruction.

In view of the forthcoming Second Review Conference of
the CWC during the period 7 to 18 April 2008 it is
appropriate to define the approach of
the European
Union, which will guide the EU Member States at this
conference,

(6)

(7)

(8)

(9)

HAS ADOPTED THIS COMMON POSITION:

Article 1

The objective of the European Union shall be to strengthen the
Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on their
in particular by promoting compliance
Destruction (CWC),
with the CWC,
all
chemical weapons, and by enhancing its verification regime
and striving for universality.

timely destruction of

including the

(5)

On 12 December 2003, the European Council adopted
the EU Strategy against Proliferation of Weapons of Mass
Destruction, which reaffirms the commitment of the EU

(1) OJ L 302, 20.11.2003, p. 34.

The European Union shall therefore seek a successful outcome
of the Second Review Conference in 2008.

(2) OJ L 349, 25.11.2004, p. 63.
(3) OJ L 331, 17.12.2005, p. 34.
(4) OJ L 85, 27.3.2007, p. 10.

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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 CWC at
the Second Review Conference,
including the implemen-
tation of obligations of States Parties under the Treaty, as
well as the identification of areas in which, and of means
through which, further progress should be sought in future;

(b) help build a consensus for a successful outcome of the
Second Review Conference, on the basis of the framework
established by the First Review Conference, and shall
promote, inter alia, the following essential issues:

(i) reaffirmation of

the
prohibition of chemical weapons as laid down in the
General Purpose Criterion by:

the comprehensive nature of

— reconfirming that

the Convention’s prohibitions
apply to any toxic chemical, except where such a
chemical is intended for purposes not prohibited
by the Convention and as long as the types and
quantities are consistent with such purposes, and
thus take into account the developments in science
and technology since the First Review Conference,

— underlining the obligation of States Parties

to
the General Purpose Criterion in their
implementation legislation and adminis-

reflect
national
trative enforcement practice,

— emphasising the obligation of States Parties to

declare riot control agents;

(ii) reaffirmation of the obligation of chemical weapons
possessor states to destroy their chemical weapons
within the deadlines of the CWC, through:

— welcoming the progress made and the efforts
the
undertaken by possessor
deadlines while urging them to overcome delays
in destruction,

to meet

states

— underlining the importance of systematic verifi-
cation through continuous on-site inspection of
chemical weapons destruction,

— assessing progress in the destruction of chemical
weapons, taking into account, inter alia, the results
of visits by representatives of the Executive Council
in accordance with the decision of
the 11th
Session of the Conference of the States Parties,

— emphasising the
organs

the policy-
making
Parties'
compliance with agreed destruction deadlines at
the appropriate time;

responsibility of
consider
to

States

to

(iii) further strengthening of the verification regime with
regard
the
not
Convention, with a view to enhancing confidence in
the non-proliferation of chemical weapons and to
further promoting cooperation with industry, through:

prohibited

activities

under

— continued awareness-raising of

prohibitions
academia and non-governmental organisations,

throughout Government,

the Convention’s
industry,

— emphasising the need to increase the number of
inspections in Other Chemical Production Facilities
(OCPF) and to improve the effectiveness of the
regime where necessary, giving priority to those
to the
sites which are of high relevance
Convention,
of
improvement
to
declarations by States Parties on OCPF sites;

and

the

an

(iv) implementation of the provisions of the Convention
on consultations, cooperation and fact-finding,
in
particular the challenge-inspection mechanism, which
remains
readilyavailable
instrument as well as a viable and usable tool of the
OPCW’s verification regime, stressing the legal right of
States Parties to request a challenge inspection without
prior consultation and encouraging the use of
the
mechanism as a matter of course where appropriate;

indispensable

and

(v) development of tailored strategies on achieving the
universality of the CWC, in particular with regard to
the Middle East, including regional workshops in the
areas concerned;

(vi) continuous improvement of national implementation
measures and recalling that
full compliance with
Article VII is a vital factor for the present and future
efficiency of the CWC regime, including through:

— offering assistance to States Parties in need, as
exemplified by the Joint Actions of the European
Union; and

— strengthening national export controls which are
the acquisition of Chemical

required to prevent
Weapons;

(vii) ensuring the OPCW’s capability to provide assistance

and protection;

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(viii) fostering international cooperation in accordance with
the provisions of the Convention, and in particular
contributing to capacity building activities by the
OPCW in States Parties developing their chemical
industry and trade;

(ix) beginning work

that,

to ensure

the
completion of
chemical
the OPCW is wellplaced to focus on its
weapons,
remaining activities, in particular its non-proliferation
role;

the destruction of

following

all

(x) compliance with obligations under United Nations
Security Council Resolutions 1540 (2004) and 1673
(2006), in particular to call for practical cooperation
between OPCW and the UN 1540 Committee as well
as other forums with the aim of eliminating the risk of
chemical weapons being acquired or used for terrorist
purposes,
to
materials, equipment, and knowledge that could be
used in the development and production of chemical
weapons;

including possible

terrorist

access

(xi) the G8 Global Partnership programmes targeted at
preventing proliferation of weapons and materials of
mass destruction through support for disarmament,
control and security of sensitive materials,
facilities
and expertise.

(b) where appropriate, approaches by the Presidency pursuant

to Article 18 of the Treaty on European Union:

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

CWC;

(ii) to promote effective national

implementation of the

CWC by States Parties;

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

(iv) to promote the above mentioned proposals submitted
by the European Union for States Parties’ consideration
which are aimed at further strengthening the CWC;

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

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

Article 4

This Common Position shall
adoption.

take effect on the day of

its

Article 5

Article 3

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

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

Done at Luxembourg, 28 June 2007.

(a) agreement by Member States on proposals on substantive
issues for submission on behalf of the European Union for
consideration by States Parties to the Convention in the
preparation phase and at the Second Review Conference;

For the Council
The President

S. GABRIEL