Introductory text

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 28(1) and 31(1) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

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

The Union is actively implementing the EU Strategy and is giving effect to the measures listed in Chapter III thereof, in particular those measures related to reinforcement, implementation and universalisation of the Biological and Toxin Weapons Convention (BTWC).

The United Nations (UN) Secretary-General’s Mechanism for investigation of alleged use of chemical and biological or toxin weapons (the ‘SGM’) refers to the authority given to the UN Secretary-General by UN General Assembly Resolution A/RES/42/37C. This authority to conduct an investigation in response to reports that may be brought to the attention of the UN Secretary-General by any UN Member State, in order to establish the facts related to an allegation of use of such weapons, was reaffirmed by UN Security Council Resolution 620 (1988).

On 27 February 2006, the Council adopted Joint Action 2006/184/CFSP^f1 in support of the BTWC, in the framework of the EU Strategy.

On 20 March 2006, the Council adopted the EU Action Plan on biological and toxin weapons^f2, complementary to Joint Action 2006/184/CFSP in support of the BTWC. That Action Plan provides for an efficient use of Confidence Building Measures (CBMs) and the SGM.

On 10 November 2008, the Council adopted Joint Action 2008/858/CFSP^f3 in support of the BTWC, in the framework of the EU Strategy.

On 18 July 2011, the Council adopted Decision 2011/429/CFSP^f4 relating to the position of the Union for the Seventh Review Conference of the States Parties to the BTWC, including support to the SGM.

On 23 July 2012, the Council adopted Decision 2012/421/CFSP^f5 in support of the BTWC, in the framework of the EU Strategy.

On 18 January 2016, the Council adopted Decision (CFSP) 2016/51^f6 in support of the BTWC, in the framework of the EU Strategy, including support to the SGM.

In his Agenda for Disarmament ‘Securing our Common Future’, presented on 24 May 2018, the UN Secretary-General noted that the BTWC does not have a single standing body with responsibility to carry out investigations with the aim of determining whether or not biological weapons have been used in violation of the BTWC. Therefore, the Agenda for Disarmament establishes actions that aim to contribute to developing a framework that ensures a coordinated international response to the use of biological weapons and to establish a core standing coordinating capacity to conduct independent investigations of the alleged use of biological weapons.

On 21 January 2019, the Council adopted Decision (CFSP) 2019/97^f7 in support of the BTWC in the framework of the EU Strategy.

Through the Joint Actions and Decisions in support of the BTWC, the Union has contributed to the building-up of a multilateral capacity to investigate alleged use of biological weapons. This Decision provides support to the SGM,

HAS ADOPTED THIS DECISION: