Introductory text

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Whereas:

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.

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.

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.

On 27 February 2006, the Council adopted Joint Action 2006/184/CFSP^f1 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.

In parallel to Joint Action 2006/184/CFSP, the European Union adopted an Action Plan on biological and toxin weapons^f2 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.

On 20 March 2006, the Council adopted Common Position 2006/242/CFSP^f3 relating to the Sixth Review Conference of the BTWC.

On 10 November 2008, the Council adopted Joint Action 2008/858/CFSP^f4 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.

On 18 July 2011, the Council adopted Decision 2011/429/CFSP^f5 relating to the position of the Union for the Seventh Review Conference of the BTWC.

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.

1. (i)

   new scientific and technological developments relevant to the BTWC;

2. (ii)

   progress made by States Parties on the implementation of the obligations under the BTWC;

3. (iii)

   progress towards implementing the decisions and recommendations agreed upon at the Seventh Review Conference.

On 23 July 2012, the Council adopted Decision 2012/421/CFSP^f6 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.

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

HAS ADOPTED THIS DECISION