Council Joint Action 2008/858/CFSP of 10 November 2008 in support of the Biological and Toxin Weapons Convention (BTWC), in the framework of the implementation of the EU Strategy against the Proliferation of Weapons of Mass Destruction
Date: 2008-11-13
Institutions: Council of the European Union
Subjects: EU policy, chemical weapon, international convention, non-proliferation of arms, weapon of mass destruction

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III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

COUNCIL JOINT ACTION 2008/858/CFSP

of 10 November 2008

in support of the Biological and Toxin Weapons Convention (BTWC), in the framework of the
implementation of the EU Strategy against the Proliferation of Weapons of Mass Destruction

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in
particular Article 14 thereof,

Whereas:

On 12 December 2003, the European Council adopted
the EU Strategy against the Proliferation of Weapons of
Mass Destruction (hereinafter
referred to as the EU
Strategy), Chapter
III of which contains a list of
measures to combat such proliferation.

(5)

The European Union (EU) is actively implementing the
EU Strategy and is giving effect to the measures listed in
in particular those relating to the
Chapter III thereof,
reinforcement,
implementation and universalisation of
the Convention on the Prohibition of the Development,
Production and Stockpiling of Bacteriological (Biological)
and Toxin Weapons and on their Destruction (hereinafter
referred to as the BTWC).

the BTWC,

In this regard, Council Joint Action 2006/184/CFSP of
in the
27 February 2006 in support of
framework of the EU Strategy against the Proliferation
of Weapons of Mass Destruction (1), has
achieved
substantial results in terms of universality and national
implementation, since seven more States have subse­
quently become States Parties to the BTWC and two
States have benefited from the legal assistance provided
by EU experts.

(1)

(2)

(3)

for

the Inter-Sessional Process, national

relating to the 2006 Review Conference of the Biological
and Toxin Weapons Convention (BTWC) (2), in particular
support
im­
plementation, Confidence-Building Measures (CBMs) and
including
universality, continue to guide EU actions,
assistance and outreach projects. Those aspects of that
Common Position which gained a consensus among
the States Parties to the BTWC (hereinafter referred to
as the States Parties) and which are reflected in the Final
Document of the Sixth Review Conference of the BTWC
(hereinafter referred to as the Sixth Review Conference),
are of particular relevance for the EU’s initiatives in
support of the BTWC.

The EU should also help States Parties to benefit from
the expertise that the Member States have acquired with
regard to the confidence-building process and trans­
in particular
parency in the framework of the BTWC,
through the Action Plan on biological
and toxin
weapons adopted by the Council on 20 March 2006,
which
submission of CBM
regular
declarations by the Member States and for an update
the lists of nominated experts and laboratories
of
available to assist
in the United Nations Secretary-
General’s Mechanism for Investigating Alleged Use of
Chemical and Biological Weapons,

provides

for

HAS ADOPTED THIS JOINT ACTION:

Article 1

1.
For the purpose of the immediate and practical implemen­
tation of certain elements of the EU Strategy, and to consolidate
the progress achieved in the universalisation and national im­
plementation
Action
BTWC
2006/184/CFSP, the EU shall further support the BTWC, with
the following general objectives:

through

Joint

the

of

(4)

Equally, the priorities and measures set out in Council
Common Position 2006/242/CFSP of 20 March 2006

— promoting the universalisation of the BTWC,

(1) OJ L 65, 7.3.2006, p. 51.

(2) OJ L 88, 25.3.2006, p. 65.

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— providing support for the implementation of the BTWC by

the States Parties,

responsible for the implementation of this Joint Action. The
Commission shall be fully associated.

— promoting the submission of CBM declarations by the States

Parties,

— providing support for the BTWC Inter-Sessional Process.

2.
The technical implementation of the activities referred to
in Article 1 shall be carried out by the United Nations Office for
Disarmament Affairs (hereinafter referred to as the UNODA) in
Geneva.
the
SG/HR, assisting the Presidency. For this purpose, the SG/HR
shall enter into the necessary arrangements with the UNODA.

It shall perform its task under the control of

The projects to be supported by the EU shall have the

2.
following specific objectives:

(a) providing States not yet parties to the BTWC with means to
carry out such initiatives at the national or sub-regional
level as will raise awareness of the BTWC, by providing
legal advice concerning the ratification of and accession to
the BTWC, and by offering training or other forms of
assistance in order for the national authorities to be able
to comply with their obligations under the BTWC;

(b) assisting the States Parties in the implementation of the
BTWC at national level, in order to ensure that the States
their obligations under the BTWC by
Parties implement
means of national
legislation and administrative measures
and establish functioning relationships between all national
legislature and the
stakeholders,
private sector;

including the national

(c)

facilitating the regular submission of CBM declarations by
the States Parties, by preparing explanatory materials
relating to the CBM process and by improving the
technical aspects of the electronic submission of existing
CBM declarations as well as by improving the security
and maintenance of a restricted website, by facilitating the
establishment of national points of
and the
submission of the first CBM declarations and by organising
a conference of CBM points of contact in connection with
BTWC meetings in 2008 and 2009;

contact

3.
The Presidency, the SG/HR and the Commission shall keep
each other regularly informed concerning the implementation
of this Joint Action, in accordance with their respective compe­
tences.

Article 3

1.
The financial reference amount for the implementation of
the measures referred to in Article 1(2) shall be EUR 1 400 000
to be funded from the general budget of the European Commu­
nities.

2.
in
The expenditure financed by the amount set out
paragraph 1 shall be managed in accordance with the
procedures and rules applicable to the general budget of the
European Communities.

3.
The Commission shall supervise the proper management
of the expenditure referred to in paragraph 2, which shall take
the form of a grant. For this purpose, the Commission shall
financing agreement with the UNODA. The
conclude
financing agreement shall provide that
the UNODA is to
ensure the visibility of the EU contribution, appropriate to its
size.

a

(d) promoting a focused discussion at the regional level among
research
in

representatives of
institutes and industry on BTWC inter-sessional topics,
particular the oversight of science and education.

the government, universities,

endeavour

The Commission shall

4.
the
financing agreement referred to in paragraph 3 within three
months after the entry into force of this Joint Action. It shall
inform the Council of any difficulties in that process and of the
date of conclusion of the financing agreement.

to conclude

A detailed description of the projects referred to above is set out
in the Annex.

Article 4

Article 2

The Presidency, assisted by the Secretary General of the
1.
Council/High Representative for
the Common Foreign and
Security Policy (hereinafter referred to as the SG/HR), shall be

regular

The Presidency, assisted by the SG/HR, shall report
to the
Council on the implementation of this Joint Action on the
basis of
reports prepared by the UNODA. These
reports shall form the basis for the evaluation carried out by
the Council. The Commission shall be fully associated. It shall
report on the financial aspects of the implementation of this
Joint Action.

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This Joint Action shall enter into force on the day of its adoption.

Article 5

It shall expire 24 months after the date of conclusion of the financing agreement referred to in Article 3(3),
or six months after the date of its adoption if no financing agreement has been concluded within that
period.

This Joint Action shall be published in the Official Journal of the European Union.

Article 6

Done at Brussels, 10 November 2008.

For the Council
The President

B. KOUCHNER

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ANNEX

1. General Framework

Building on the successful implementation of Joint Action 2006/184/CFSP, this Joint Action serves as an operational
policy tool for carrying forward the objectives of Common Position 2006/242/CFSP and focuses in particular on
those aspects on which a general consensus was reached at the Sixth Review Conference, as reflected in its Final
Document.

This Joint Action will be guided by the following principles:

(a) making best use of the experience gained through Joint Action 2006/184/CFSP;

(b) reflecting on specific needs expressed by the States Parties as well as States not parties to the BTWC with respect

to better implementation and universalisation of the BTWC;

(c) encouraging local and regional ownership of the projects in order to ensure their long-term sustainability and to

build a partnership between the EU and third parties in the framework of the BTWC;

(d) focusing on those activities that bring concrete results and/or contribute to an early framing of common

understanding relevant for the 2011 BTWC review process;

(e) supporting the Chair of the States Parties’ meetings and making best use of the mandate of the Implementing

Support Unit (hereinafter referred to as the ISU) as agreed at the Sixth Review Conference.

2. Objective

The overall objective of this Joint Action is to support the universalisation of the BTWC, to enhance the implemen­
tation of the BTWC, including the submission of CBM declarations, and to support the best use of the Inter-Sessional
Process 2007-2010 for the preparation of the next Review Conference.

The EU will, in its assistance to the BTWC, take fully into account the decisions and the recommendations adopted
by the States Parties at the Sixth Review Conference held in Geneva on 20 November-8 December 2006.

3.

Projects

3.1. Project 1: Promotion of the universalisation of the BTWC

P r o j e c t p u r p o s e
To increase adherence to the BTWC and awareness of the States Parties’ obligations under the BTWC either through
country-focused assistance activities or through structured sub-regional initiatives, building on the experience and
contacts resulting from Joint Action 2006/184/CFSP.

This project will animate the decisions made by the States Parties at the Sixth Review Conference concerning the
types of universalisation activities, the exchange of information and the reporting on universalisation efforts, and the
support for the Chair of States Parties’ meetings in his role of coordinator for universalisation activities.

P r o j e c t r e s u l t s

(a)

Increased adherence to the BTWC in all geographical regions;

(b) Enhanced understanding of the BTWC among the relevant national authorities and/or strengthened sub-regional

networking concerning the BTWC in order to promote accession to the BTWC;

(c) Promotion of voluntary implementation of the BTWC by States prior to their accession thereto.

P r o j e c t d e s c r i p t i o n

In 2006 and 2007 the EU carried out regional outreach to almost all those States which are not parties to the
BTWC with the intention of encouraging the ratification of or accession to the BTWC. Seven States have subse­
quently adhered to the BTWC. As a next step, this project provides for an outreach to up to seven States not parties
to the BTWC, either in the form of targeted country assistance or sub-regional workshops, in order to achieve the
objectives and results of this project.

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i m p l e m e n t a t i o n

P r o j e c t
The Chair of the States Parties’ meetings, assisted by the ISU, will be asked to inform those States which are not
parties to the BTWC of the EU assistance available for the promotion of universalisation, which can take the
following forms:

(a) Country-specific or sub-regional (maximum of five countries) legal assistance related to the ratification of or
accession to the BTWC. If, in a country applying for assistance, the accession to or ratification of the BTWC
requires the adoption of legislative or administrative measures relating to its implementation, the legal assistance
may also cover those measures;

(b) Country-specific or sub-regional (maximum of five countries) assistance to raise awareness of and support for the
BTWC among political and opinion leaders and to encourage those States which are not parties to the BTWC to
take the measures necessary for the implementation of the BTWC, such as setting up of points of contact,
networking among key national stakeholders, and provision of training;

(c) Country-specific financial assistance allowing the participation of relevant national stakeholders, in particular the
authorities responsible for the ratification of the BTWC, in the BTWC process (e.g. participation as observers at
the experts’ and/or States Parties’ meetings). This type of assistance shall be provided for on a case-by-case basis
and only when it can make a realistic difference for the prospects of a State acceding to the BTWC;

(d) Financial grants for training and awareness-raising visits of relevant national stakeholders to the authorities of EU

Member States responsible for the implementation of the BTWC.

This project will enable partnerships between the EU Member States and beneficiary countries to ensure continuity of
the EU’s universalisation efforts and to offer a permanent point of reference for the beneficiary countries throughout
the process of ratification of or accession to the BTWC. The participating EU Member States may volunteer to
accompany, either individually or in groups, the selected beneficiaries throughout the ratification or accession
process.

3.2. Project 2: Assistance to States Parties for the national implementation of the BTWC

P r o j e c t p u r p o s e

To ensure that the States Parties implement their obligations under the BTWC by means of national legislation and
administrative measures and enforce them effectively, taking into account the final document of the Sixth Review
Conference, the common understanding reached at the relevant meetings of the States Parties and the synthesis
drawn from the discussions at the experts’ and States Parties’ meeting.

P r o j e c t r e s u l t s

(a) Adoption of appropriate legislative or administrative measures,

including criminal

law provisions, which

encompass the full scope of the prohibitions and preventive measures provided for in the BTWC;

(b) Effective implementation and enforcement to prevent violations of the BTWC and to impose sanctions in cases

of breaches;

(c) Better coordination and networking among all stakeholders involved in the BTWC process, including the private

sector, in order to promote effective implementation.

P r o j e c t d e s c r i p t i o n

Based on positive experience of cooperation in the area of legislative assistance relating to the implementation of the
BTWC in Peru and Nigeria, the EU will continue to provide legal advice to a maximum of seven interested States
Parties.

The ISU will be asked to inform the States Parties of the EU assistance available for the implementation of the
BTWC, which can take the following forms:

(a)

legal advice and assistance relating to the drafting of legislative and administrative measures relevant for the
implementation of any prohibitions and preventive measures provided for in the BTWC or agreed on by virtue
of a common understanding;

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(b) awareness-raising workshops relating to the national

implementation of the BTWC and the enforcement of

national measures, which may target:

— the decision-making authorities and national legislatures in order to facilitate political consensus on this issue,

— the government stakeholders involved in the implementation of the BTWC in order to create networks and

designate points of contact/competent national authorities,

— the industry, universities and research institutes and non-governmental organisations to create public-private

partnerships.

A strong preference will be given to bilateral projects focused on legal drafting.

3.3. Project 3: Promotion of the submission of CBM declarations on a regular basis by States Parties to the BTWC

P r o j e c t p u r p o s e

To promote and increase the submission of CBM declarations by the States Parties on a regular basis, by encouraging
and facilitating the preparation, compilation and transmission of the required data on an annual basis, including by
contributing to the improvement of the electronic submission of the CBM declarations and enhancing the security of
the website relating to the CBMs, and by providing assistance particularly for the points of contact.

P r o j e c t r e s u l t s

(a) Appointment of national points of contact for the submission of CBM declarations;

(b) Creation or enhancement of national mechanisms for the preparation and compilation of information requested

in the CBM declarations;

(c) Regular submission of the CBM declarations to the ISU by national points of contact;

(d) Improvement of the technical aspects of the electronic submission of CBM declarations and of the security and

maintenance of the website for the CBMs.

P r o j e c t d e s c r i p t i o n

The Sixth Review Conference recognised an urgent need for increasing the number of States Parties participating in
the CBMs. In that regard, it also recognised the technical difficulties experienced by some States Parties in submitting
complete and timely declarations. In order to increase participation of States Parties in the CBM process, the EU will
offer assistance to States Parties through three types of activities:

(a) Preparation of comprehensive documentation covering the methodology of national preparation and compilation
of CBM data, including a brochure and a schedule for the submission of CBM declarations, to provide examples
of good practices while recognising differences in the national procedures. The documentation will also provide
descriptions of tools and information made available on this subject by the ISU and will take into account
similar initiatives of other institutions and States Parties. The brochure will be reproduced in all the official
languages of the UN.

Overall coordination of the preparation of the brochure will be carried out by the UNODA. A meeting of EU
experts involved in the drafting of the brochure may be convened to discuss and finalise it. The brochure will be
distributed to the States Parties.

(b) Provision of support for the creation and functioning of national points of contact in charge of preparing the
submission of CBM declarations, including in-country assistance to a maximum of seven States Parties in the
preparation of the first CBM declarations. Those States with a significant level of bio-research or with high
incidents of endemic diseases will be considered a priority.

The ISU will be asked to inform the States Parties of the assistance made available by the EU in the area of
CBMs.

(c) Organisation of two workshops involving existing and newly designated CBM points of contact in connection
with the experts’ or States Parties’ meetings, in order to share experience gained from the CBM process and from
the collection of data, and to encourage all States Parties to designate a point of contact.

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The invitations to the workshops will specify that the workshops are part of an EU initiative. The ISU will inform
the States Parties that for each conference, if necessary, the EU can cover the expenses of a maximum of ten
participants from the non-EU States Parties which have recently made the decision to appoint a point of contact.
Those States with a significant level of bio-research or with high incidents of endemic diseases will be considered
a priority for possible funding on a case-by-case basis.

(d) Financial contribution to the UNODA to facilitate the further improvement and maintenance of the existing
the electronic submission of existing CBM

secure CBM website and to improve the technical aspects of
declarations, in accordance with the decision of the States Parties at the Sixth Review Conference.

3.4. Project 4: Support for the BTWC Inter-Sessional Process

P r o j e c t p u r p o s e

To support the BTWC Inter-Sessional Process, and in particular the discussion on the 2008 and 2009 inter-sessional
topics, within and outside the EU, with a view to promoting the adoption of concrete measures.

P r o j e c t r e s u l t s

(a) Launching the discussion between the private and public sectors in the EU on the security challenges associated
with the progress in bio-sciences and bio-technology research and on the appropriate measures to be adopted at
the national, regional or global level to address those challenges, and in particular concerning the oversight of
science, education, awareness-raising and the development of codes of conduct for the bio-sciences and bio-
technology industry, as well as encouraging a discussion on the enhancement of international cooperation and
assistance in the area of disease surveillance, detection, diagnostics with a view to identifying concrete assistance
needs;

(b) Submitting a report to the inter-sessional meetings on the findings and recommendations generated by the

discussions in the EU context;

(c) Facilitating the discussion on the inter-sessional topics in different regions of the world, especially in those not

represented adequately at the inter-sessional meetings.

P r o j e c t d e s c r i p t i o n

This project provides for two workshops at the EU level, bringing together representatives of the government,
industry, universities and research institutes and non-governmental organisations, to allow an exchange of experience
and a reflection on the 2008 and 2009 inter-sessional topics. The workshops will ideally take place before the
experts’ or States Parties’ meetings. A report on the workshops will be submitted to the States Parties.

In order to promote reflection on these issues globally, funds will be made available for two types of activities:

(a) Participation of a maximum of seven non-EU representatives in each EU regional workshop, in particular from

the Non-Aligned Movement (NAM);

(b) Organisation of a maximum of four national workshops to discuss the 2008 and 2009 inter-sessional topics in
different regions of the world. It is expected that non-EU States Parties which participated in the EU regional
workshops may wish to organise similar national workshops in their respective countries and ask for EU
assistance for that purpose.

4.

Procedural aspects, coordination and the Steering Committee

In principle, applications by third states for any assistance and cooperation under this Joint Action must be
addressed to the SG/HR, assisting the Presidency, and to the UNODA. The UNODA will review and assess those
applications, as appropriate, and submit recommendations to the Steering Committee. The Steering Committee will
examine the applications for assistance as well as the action plans and their implementation. The Steering Committee
will present a final list of beneficiary countries, which will thereafter be endorsed by the Presidency, assisted by the
SG/HR, in consultation with the competent working party of the Council.

The Steering Committee will be composed of a representative of the Presidency, assisted by the SG/HR, as well as of
the incoming Presidency, and of the UNODA. The Commission will be fully associated. The Steering Committee will
review the implementation of the Joint Action regularly, at least once every 6 months, including by the use of
electronic means of communication.

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To ensure strong ownership and sustainability of EU-initiated activities by the beneficiary countries, it is envisaged
that whenever possible and appropriate, the selected beneficiaries will be asked to prepare action plans which will
specify, among others, a schedule for carrying out funded activities (including through national resources), details on
the scope and duration of the project, main stakeholders. The UNODA or the Member States, as appropriate, shall be
associated with the preparation of the action plans. The implementation of the projects shall be carried out in
accordance with the action plans.

5. Reporting and assessment

The UNODA will submit to the Presidency, assisted by the SG/HR, regular bi-monthly progress reports on the
implementation of the projects. The report will be transmitted to the relevant working party of the Council for an
assessment of progress and for an overall evaluation of the projects as well as for a possible follow-up.

Whenever possible, the States Parties will be informed of the implementation of this Joint Action.

6.

Information and Collaboration Management System (ICMS)

The ICMS, which was developed under Joint Action 2006/184/CFSP, will be maintained and used for the purpose of
exchange of information, drafting and other communication among EU experts, the UNODA and third countries, as
appropriate, as well as for the preparation of relevant assistance visits.

7.

Participation of EU experts

Active involvement of EU experts is necessary for the successful implementation of this Joint Action. Their costs
relating to the implementation of the projects will be covered by this Joint Action. The UNODA will be encouraged
to make use of the existing list of EU legal experts and to develop similar tools for the CBMs and other aspects of
implementation as appropriate.

It is expected that in connection with envisaged assistance visits (e.g. legal assistance, CBM assistance), the involve­
ment of a group of a maximum of three experts for a maximum duration of five days will be considered a standard
practice.

8. Duration

The total estimated duration of the implementation of this Joint Action is 24 months.

9.

Beneficiaries

The beneficiaries of universalisation activities are States which are not parties to the BTWC (both signatory States
and non-signatory States).

The beneficiaries of implementation and CBM-related activities are the States Parties.

The beneficiaries of the activities relating to the Inter-Sessional Process are the government representatives of
Member States and other States Parties as well as representatives of the private sector, universities and research
institutes and non-governmental organisations.

10. Third-party representatives

In order to promote regional ownership and sustainability of the projects, the participation of non-EU experts,
including those from regional and other relevant international organisations, may be funded by this Joint Action.
The participation of the Chairperson of States Parties’ meetings as well as of the ISU staff may be funded on a case-
by-case basis.

11.

Implementing entity

Technical implementation of this Joint Action will be entrusted to the UNODA in Geneva which will perform its
task under the control of the SG/HR assisting the Presidency.

In carrying out its activities, the UNODA will cooperate with the Presidency, assisted by the SG/HR, and the Member
States and other States Parties and international organisations as appropriate.

12.

Implementing entity — Staff issues

Given the extra-budgetary character of the activities envisaged to be assigned to the UNODA in this Joint Action,
additional staff will be needed to implement the planned projects.