(1)

On 12 December 2003, the European Council adopted an EU Strategy against Proliferation of Weapons of Mass Destruction which aims, inter alia, at reinforcing the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction (‘BTWC’), continuing reflection on the verification of the BTWC, supporting the universalisation and national implementation of the BTWC, including by means of criminal legislation, and strengthening compliance with it.

(2)

On 28 April 2004, the United Nations Security Council (‘UNSC’) 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 that Resolution contributes to the implementation of the BTWC.

(3)

On 26 August 1988, the UNSC adopted Resolution 620 (1988) which, inter alia, encourages the Secretary-General to carry out promptly investigations in response to allegations concerning the possible use of chemical, bacteriological (biological) or toxin weapons that may constitute a violation of the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare (‘the 1925 Geneva Protocol’). On 20 September 2006, the General Assembly adopted the United Nations Global Counter-Terrorism Strategy, annexed to its Resolution 60/288 of 8 September 2006, in which the Member States of the United Nations (‘UN’) encourage the Secretary-General to update the roster of experts and laboratories, as well as the technical guidelines and procedures, available to him for the timely and efficient investigation of alleged use.

(4)

On 27 February 2006, the Council adopted Joint Action 2006/184/CFSP (1) in respect of the BTWC with the objectives of promoting the 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 administrative measures.

(5)

In parallel to Joint Action 2006/184/CFSP, the European Union adopted an Action Plan on biological and toxin weapons (2) in which the Member States undertook to submit confidence building measures (‘CBMs’) returns to the UN in April every year and lists of relevant experts and laboratories to the UN Secretary-General in order to facilitate any investigation of alleged use of chemical or biological weapons.

(6)

On 20 March 2006, the Council adopted Common Position 2006/242/CFSP (3) relating to the Sixth Review Conference of the BTWC.

(7)

On 10 November 2008, the Council adopted Joint Action 2008/858/CFSP (4) in respect of the BTWC with the objectives of promoting the universality of the BTWC, providing support for the implementation of the BTWC by the States Parties, promoting the submission of CBMs declarations by the States Parties, and providing support for the BTWC Intersessional Process.

(8)

On 18 July 2011, the Council adopted Decision 2011/429/CFSP (5) relating to the position of the Union for the Seventh Review Conference of the BTWC.

(9)

The Seventh Review Conference of the BTWC decided to renew the mandate of the Implementation Support Unit (‘ISU’) for another five-year term (2012-2016) and decided to expand its tasks to include implementing the decision to establish and administer the database for assistance requests and offers and facilitating the associated exchange of information among States Parties, as well as supporting, as appropriate, the implementation by States Parties of the decisions and recommendations of the Seventh Review Conference.

(10)

The Seventh Review Conference decided that the Eighth Review Conference will be held in Geneva not later than 2016 and should review the operation of the BTWC, taking into account, inter alia:

(11)

On 23 July 2012, the Council adopted Decision 2012/421/CFSP (6) in respect of the BTWC with the objectives of promoting the universality of the BTWC, providing support for the implementation of the BTWC by the States Parties, promoting the submission of CBMs declarations by the States Parties, and providing support for the BTWC Intersessional Process.

(12)

In light of the forthcoming BTWC Review Conference taking place from November to December 2016, it is appropriate to update the Union position,

(a)

building and sustaining confidence in compliance, by a range of specific measures described in this Decision;

(b)

supporting national implementation, including by engaging more with non-governmental stakeholders;

(c)

supporting the UN Secretary-General's Mechanism for investigation of alleged use of biological weapons and agents through further development of its operational capabilities as a means of strengthening Articles VI and VIII of the BTWC; and,

(d)

promoting the universality of the BTWC.

(a)

contribute to a full review of the operation of the BTWC at the Eighth Review Conference, including the implementation of undertakings of the States Parties under the BTWC, and the conduct of and outcomes from the 2012-2015 intersessional programme;

(b)

support a new substantive work programme that addresses the limitations of previous intersessional programmes during the period between the Eighth and Ninth Review Conferences through the adoption of enhanced arrangements for further progress under that work programme, with a view to strengthening the effectiveness of the BTWC;

(c)

support a Ninth Review Conference of the BTWC, to be held no later than 2021;

(d)

build consensus for a successful outcome of the Eighth Review Conference, on the basis of the framework established by previous Conferences, and promote, inter alia, the following key issues:

(a)

examining annual CBM-forms as the regular national declaration tool on implementation and compliance and developing them further with this objective in mind;

(b)

reducing to the largest extent possible remaining complexities of CBM-forms and removing potential ambiguities;

(c)

supporting the ISU to play more of a role in support of national points of contact in compiling their CBMs through regional seminars and training for electronic submission of CBM-forms;

(d)

working to increase the participation in, and the quality and comprehensiveness of CBMs, by expanding the functionality of the electronic CBM facility and making it, as well as the CBM guide, available in all UN official languages on the BTWC website.

(a)

the prolongation of the ISU's mandate for a further five years;

(b)

the inclusion of further activities in the mandate of the ISU to support the implementation of a revised and strengthened intersessional work programme, as proposed in Article 5 below;

(c)

the development of a more effective system to review scientific and technological developments and their impact on the BTWC by establishing, inter alia, a standing science and technology advisory and liaison function in the ISU;

(d)

the adoption of an action plan on universalisation to be coordinated by the ISU;

(e)

a role for the ISU in supporting States Parties' national points of contact in compiling and submitting CBM-forms as noted in Article 3;

(f)

an adequate expansion of the current ISU staff to meet the new objectives and carry out the activities referred to in this Article.

(a)

support the following topics for a new intersessional programme, either as intersessional topics or through dedicated working groups, or both:

(b)

support the development of national regulatory frameworks on bio-safety and bio-security; although appropriate standards for bio-safety and bio-security for laboratories are not in any way a substitute for a compliance regime, the adoption and promotion of such standards can help individual States Parties in the long term with the implementation of their obligations under the BTWC; they could also be a useful tool, along with other measures, to help demonstrate compliance; discussion on this subject, including with relevant laboratories, biosafety-associations and industry, could be part of a new intersessional work programme;

(c)

support voluntary peer review exercises involving States Parties in the context of the BTWC; the objective of a peer review exercise is to improve national implementation and to provide reassurance on compliance by means of information exchanges and enhanced transparency regarding, for instance, capabilities, activities and actions for implementation and intentions towards compliance;

(d)

support the reinforcement of the decisional power of the Intersessional Process by exploring a range of options such as clearly defined decision-making powers for specific areas of work.

(a)

support the adoption of an action plan on universalisation, coordinated by the ISU, with concrete steps and activities; the action plan might include activities such as outreach events, joint demarches, translation of relevant documents, incentives such as information exchange on assistance offers; this action plan would be evaluated and, if necessary, modified at each Meeting of States Parties;

(b)

support the organisation of dedicated sessions or working group meetings on universalisation during the Intersessional Process in order to coordinate outreach activities between various actors and plan regional initiatives.

(a)

the submission by the Union and its Member States, on the basis of the position set out in this Decision, of proposals for specific, practical and feasible arrangements for the effective enhancement of the implementation of the BTWC, for consideration by States Parties to the BTWC at the Eighth Review Conference;

(b)

where appropriate, demarches by the High Representative or Union Delegations;

(c)

statements delivered by the High Representative or the Union Delegation to the United Nations in the run up to and during the Eighth Review Conference.