Identifier
Created
Classification
Origin
04THEHAGUE1695
2004-07-06 16:59:00
UNCLASSIFIED
Embassy The Hague
Cable title:  

CHEMICAL WEAPONS CONVENTION (CWC): WRAP-UP FOR THE

Tags:  PARM PREL CWC 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 04 THE HAGUE 001695 

SIPDIS

STATE FOR AC/CB, NP/CBM, VC/CCB, L/ACV, IO/S
SECDEF FOR OSD/ISP
JOINT STAFF FOR DD PMA-A FOR WTC
COMMERCE FOR BIS (GOLDMAN)
NSC FOR JOECK
WINPAC FOR LIEPMAN

E.O. 12958: N/A
TAGS: PARM PREL CWC
SUBJECT: CHEMICAL WEAPONS CONVENTION (CWC): WRAP-UP FOR THE
37TH EXECUTIVE COUNCIL SESSION OF THE OPCW

REF: STATE 140663

This is CWC-83-04.

-------
SUMMARY
-------

UNCLAS SECTION 01 OF 04 THE HAGUE 001695

SIPDIS

STATE FOR AC/CB, NP/CBM, VC/CCB, L/ACV, IO/S
SECDEF FOR OSD/ISP
JOINT STAFF FOR DD PMA-A FOR WTC
COMMERCE FOR BIS (GOLDMAN)
NSC FOR JOECK
WINPAC FOR LIEPMAN

E.O. 12958: N/A
TAGS: PARM PREL CWC
SUBJECT: CHEMICAL WEAPONS CONVENTION (CWC): WRAP-UP FOR THE
37TH EXECUTIVE COUNCIL SESSION OF THE OPCW

REF: STATE 140663

This is CWC-83-04.

--------------
SUMMARY
--------------


1. (U) The U.S. accomplished all of its objectives at a very
successful 37th Executive Council (EC) session. The requests from
Libya and Albania for extension of their destruction deadlines were
adopted. Agreement was reached on a larger Working Capital Fund with a
longer replenishment period, and there was also consensus on revised
Financial Rules and Regulations. Finally, there was extensive informal
discussion of the proposed technical change to allow conversion of the
Rabta facility in Libya (septel). In addition, a number of
administrative and technical issues were resolved by the EC. The resul
ensures that in the run-up to the October EC, the focus will be on two
key issues: the 2005 budget for the OPCW, and the anticipated formal
request for the technical change on Rabta conversion. End Summary.

--------------
AGENDA ITEM THREE: DG STATEMENT
--------------


2. (U) Director General Pfirter's statement focused on budget reform,
the OPCW's growing world image, program delivery and management reform
of the Technical Secretariat (TS). The DG noted India's destruction
efforts, adding that it is very likely India would destroy its stockpil
before the necessary end date. The DG expressed a desire for more
involvement from African countries in the coming year. The DG raised
the proposed 4.8% increase in the operating budget for 2005. He noted
that annual assessments would rise less than 4.4% and commented that th
number of inspections is expected to rise some 17% in 2005. The DG sai
the TS is addressing the concerns of the States Parties and implementin
changes in the TS. He asked for patience, emphasizing that he is movin
as quickly as the Convention allows in implementing administrative
changes. The DG concluded his statement addressing the importance of
amending the Working Capital Fund and referred to it as "crucial" to th
success of the organization.

--------------
AGENDA ITEM FOUR: GENERAL DEBATE
--------------


3. (U) General debate of EC-37 opened with the U.S. statement

delivered by Ambassador Javits. Fifteen other countries then went on t
deliver opening statements, most welcoming and pledging support to Jose
Antonio Arrospide Del Busto (Ambassador of Peru) as the new EC Chairman
The other key issue in the statements was the proposed 2005 Budget and
the new Results Based Budgeting (RBB) format. Most comments focused on
requests for justification and clarification on how the proposed budget
was formulated. In addition, India expressed concern over the morale o
the TS staff. Malaysia and Algeria had concerns about the geographic
composition and distribution of TS staff posts. Of minor note, Cuba
called for the UNSC to stay out of the arms control business
(referencing UNSC resolution 1540),and focus on other issues.

-------------- --------------
AGENDA ITEM FIVE: STATUS OF IMPLEMENTATION OF THE CONVENTION
-------------- --------------


4. (U) The EC noted the 2003 verification implementation report and
the corrigenda which included U.S. comments.


5. (U) The DG's report on the status of Article X and XI
implementation also was noted, and the U.S. delegation made an
intervention per instructions in reftel.

--------------
AGENDA ITEM SIX: DRAFT REPORT OF THE OPCW
--------------


6. (U) The Council agreed to note this document with no substantive
discussions.

-------------- --------------
AGENDA ITEM SEVEN: LIBYAN AND ALBANIA EXTENSION REQUESTS
-------------- --------------


7. (U) The EC approved the requests by Libya and Albania for
extensions of their respective Category 1 destruction deadlines. There
were minor technical changes proposed by the FRG, which were acceptable
to Washington. The issue of site visits did not arise.
-------------- --------------
AGENDA ITEM EIGHT: DETAILED PLANS FOR DESTRUCTION
-------------- --------------

8. (U) Russia asked that the detailed plan for Aberdeen be deferred
to EC-38. The EC approved the plan for Dugway Proving Ground. And the
EC approved the detailed plan for destruction of Category 2 CW at the
Al-Jufra CWDF in Libya, which included the amendment requested by
Washington in the guidance cable.

-------------- --------------
AGENDA ITEM NINE: DESTRUCTION OR CONVERSION OF CWPFS
-------------- --------------


9. (U) The Council noted that no objection had been raised on two
notifications of changes at former CWPFs: (1) A State Party's changes
to chemical process equipment at a converted facility and (2) the
Russian Federation's changes in the production activity at the former
CWPF (loading chemical submunitions into munitions) at Novocheboksarsk.
The Council also noted the information submitted on June 8, 2004 by the
TS on the progress made at former CWPFs undergoing conversion.

SIPDIS


10. (U) Deloffs Susan Ryan and Bob Metcalf met with Russian officials
to seek responses to the U.S. June 2004 questions (STATE 125008)
regarding the May 4, 2004 notification of changes to the former CWPF
(loading chemical submunitions into munitions) at Novocheboksarsk and t
obtain a status of five Russian CWPFs. Alexander Gorbovskiy (Federal
Agency for Industry) provided a written response to the U.S. questions
and clarified several answers. (Note: Copy of the Russian language text
and an unofficial English translation were provided to the CWC Del and
sent to Washington. End note.)


11. (U) The VX Production Facility (Building 350) at Novocheboksarsk
is scheduled to be destroyed by April 29, 2007. Both the former
Volgograd sarin and soman production facilities are undergoing
conversion to manufacture insecticides and herbicides. As the joint
stock company that now owns these facilities is suffering from financia
problems, Gorbovskiy anticipates the former CWPFs will not be converted
before the end of 2005. The destruction of the former munitions fillin
facility (Building 602) is complete with the exception of two reinforce
concrete bunkers. The completion of destruction will be "no earlier
than the end of 2004." Aerosol sprays will be produced in the former
Volgograd CWPF for the assembly of non-chemical parts (Building 601).
Details will be provided in the forthcoming documentation submitted to
the TS. Pressed by the U.S. for an updated schedule of remaining
conversion activities, Gorbovskiy responded that updated schedules woul
be provided in forthcoming TS documents. The Russian Federation intend
to submit a combined plan for the conversion and verification of
Buildings 301, 302, 601, and 604 at Volgograd as well as additional
notifications of changes.

--------------
AGENDA ITEM TEN: FACILITY AGREEMENTS
--------------


12. (U) Russia deferred action on the Aberdeen facility agreement to
EC-38. The facility agreement for Dugway was approved by the Council.
Despite early interventions by the Italian and Iranian delegations, the
EC approved both the Australian and Singaporean Schedule 1 Facility
Agreements. The Italians intervened to signal their displeasure with
the negotiation process pursued by the TS. The Italian delegation
reviewed with the Del their disappointment that, during negotiation of
their Schedule 2 FAs, the TS insisted that language regarding the
frequency and intensity of inspections be included in the agreement,
whereas similar language appeared missing in the Schedule 1 FAs before
the Council. Both the Italian and Iranian delegations were also
concerned that the proposed Facility Agreements deviate from the Model
Facility Agreement.

--------------
AGENDA ITEM ELEVEN: CHEMICAL INDUSTRY ISSUES
--------------


13. (U) The EC adopted report language to encourage the TS to establish
criteria to use in considering when to pursue facility agreements. The
EC further recommended that, when considering criteria for negotiation
of facility agreements, the TS consider the input received from the
inspected State Party. The Delegation noted the U.S. understanding of
the text will apply to new Schedule 2 facilities and will also
significantly reduce the number of facility agreements currently under
negotiation.


14. (U) Anticipated EC report language regarding marking declared
chemicals in the Handbook on Chemicals was not tabled by the
facilitator (Ruck, FRG). The facilitator indicates he will table
language for inclusion in the report for EC-38.

-------------- --
AGENDA ITEM TWELVE: LIST OF NEW VALIDATED DATA
-------------- --


15. (U) The EC approved the note by the DG on the lists of new
validated data for inclusion in the OPCW Central Analytical Database.

-------------- --
AGENDA ITEM THIRTEEN: AGREEMENTS ON PRIVILEGES
AND IMMUNITIES OF THE OPCW
-------------- --


16. (U) The EC considered and approved the privileges and immunities
agreements with Mauritius and Malta. Before approval, the Delegation
noted the U.S. position as outlined in the guidance cable. Japan
followed with a statement that mirrored the U.S. sentiment.

--------------
AGENDA ITEM FOURTEEN: REPORT OF THE OIO
--------------


17. (U) The EC noted the OIO report, and the U.S. made the points
provided in the guidance cable.

--------------
AGENDA ITEM FIFTEEN: FINANCIAL ISSUES
--------------


18. (U) The EC noted the DG's reports on income and expenditure for
February 29, March 31, April 30 and May 31. It also noted the TS
report on non-service incurred death and disability insurance.

-------------- --------------
AGENDA ITEM SIXTEEN: AMENDMENTS TO THE FINANCIAL REGULATIONS
-------------- --------------


19. (U) Most important for the U.S., the draft decision on proposed
amendments to the Working Capital Fund was adopted by the EC, raising
the amount of the Fund and substantially extending the period over whic
the TS must repay any funds drawn from the WCF.


20. (U) As reported to Washington, the Indian delegation informed the
EC at its opening session that it had difficulty with the use of the
word "contributions" in the proposed amendments to the Financial
Regulations. After lengthy discussions, India agreed to an explanatory
footnote that would be included in the regulations simply stating that

(Begin footnote) Under this definition, "contributions" means (a)
amounts assessed on States Parties under the provisions of Article VIII
of the Convention, and (b) payments by States Parties of verification
costs based on invoices issued by the Secretariat subsequent to the
verification activities undertaken under the provisions of Articles IV
and V of the Convention. (End footnote)


21. (U) India also asked that the word "contested" be substituted for
the word "disputed" on the relevant sections involving Article IV/V
invoices. Both the inclusion of the footnote and use of the word
"contested" were approved by Washington. With those changes, the
Financial Rules and Regulations were adopted.

--------------
AGENDA ITEM SEVENTEEN: ABAF
--------------


22. (U) The EC noted the ABAF report. The discussion then turned to
the ABAF recommendation on reclassification of the posts of Special
Assistant, Verification Division and Special Adviser, Administration
Division. With Washington's approval, agreement was reached on a
decision that approved the reclassification of these jobs at the D-1
level, but specifically noted that both would revert to the original
level of P-5 upon departure of the incumbent.


23. (U) Following adoption of this decision, the DG made a strong
statement urging delegations to provide him with the authority to
reclassify positions. He noted that this power had been taken away
from his predecessor, but argued that such reclassification authority i
important to allow for effective management and personnel decisions.
Ambassador Javits made a statement from the floor expressing support
for the general principle of returning to the DG the position
reclassification authority for lower and mid-level positions. (Note:
We fully anticipate that the DG will return to this issue again, and
that it will be an important item for discussion possibly at the next
EC. End Note.)

-------------- --------------
AGENDA ITEM EIGHTEEN: PROVISIONAL AGENDA OF THE NINTH SESSION OF
THE CONFERENCE OF STATES PARTIES
-------------- --------------


24. (U) The EC considered and approved document EC-37/DG.11, the
provisional agenda of the ninth session of the CSP, with no debate.
The Ninth CSP is schedule to take place from 29 November to 3 December

2004.

--------------
AGENDA ITEM NINETEEN: DATES FOR REGULAR
SESSIONS OF THE EXECUTIVE COUNCIL IN 2005
--------------


25. (U) Following approval from Washington, the EC considered and
approved the following dates for its regular sessions in 2005: 40th
session: 15 - 18 March; 41st session: 28 June - 1 July; 42nd session:
27 - 30 September. All members except South Africa agreed to the U.S.
proposal to move the 43rd session dates from 6 - 9 December to 13 - 16
December.

South Africa informed the Council that moving EC-43 to that date would
make it exceedingly difficult for the delegation to receive
instructions for that particular Council session. Due to the South
African objection, the EC agreed to defer a decision on dates for EC-43
until the next Council meeting.

--------------
AGENDA ITEM TWENTY: ANY OTHER BUSINESS
--------------


26. (U) Libyan Ambassador Sahli urged all Council members to support
the proposed technical change to the Convention to allow the conversion
of the Rabta CWPF to peaceful purposes. She added that Libya plans to
submit its formal request for conversion by mid-July for consideration
by EC-38. Tunisia, Sudan, and Algeria expressed their support for the
proposed technical change.


27. (U) The Council requested that the issue of late submissions of
declarations be placed on the plan of activities for intersessional
consultations. Although there is agreement that the issue is ripe for
consideration, informal discussions indicate that States Parties are
unsure as to which cluster this issue should be tasked. Pakistan
indicated a preference for the issue to be considered in the legal
cluster, but France and Germany intervened to insist that the issue be
tasked to the industry cluster for consideration. The EC Chair
supported this suggestion that the Bureau task the issue to the industr
cluster.


28. (U) Javits sends.


SOBEL