CHEMICAL WEAPONS CONVENTION (CWC): WRAP-UP FOR

UNCLAS THE HAGUE 001274 SIPDIS SIPDIS STATE FOR ISN/CB, VCI/CCB, L/ACV, IO/S SECDEF FOR OSD/ISP JOINT STAFF FOR DD PMA-A FOR WTC COMMERCE FOR BIS (GOLDMAN) NSC FOR LEDDY WINPAC FOR WALTER E.O. 12958: N/A TAGS: PARM PREL CWC SUBJECT: CHEMICAL WEAPONS CONVENTION (CWC): WRAP-UP FOR OPCW EXECUTIVE COUNCIL SESSION 49 This is CWC-62-07. -------------- SUMMARY -------------- ¶1. (U) The June 26-29 Executive Council session was an exercise in punting. Only 13 of some 50 items for EC action were actually decided and everything else was deferred to EC-50. On the most important issue of all, the Council deferred consideration of the verification plan and facility agreement for Maradykovsky, side-stepping a decision on whether Russia had indeed completed destruction of 22% of its CW stockpile. Ultimately, the key issue at EC-49 was the report language regarding Albania, which kept delegates busy until 22:30 of the final day of the EC. ¶2. (U) This accumulation of unfinished business is somewhat troubling. This is not because these items entail a lot of work, but precisely because they are stalled until underlying political problems are resolved. The U.S. and Russian documents are now hostages until some type of resolution can be found on counting and Russian destruction. And Iran, often supported by other NAM delegations, is quite happy to continue requesting deferrals of documents which could be of some "use" to them. One other development from EC-49 was a much more energized role by the NAM. While sometimes troubling, the NAM's inability to act in unison ultimately helped the U.S. and put Russia under intense pressure, to which Russia finally succumbed. End Summary. --- NAM --- ¶3. (U) In the end-game discussions on Albanian report language, the NAM wound up taking a more active role than anticipated. Ultimately, this was to the advantage of the U.S., as the NAM was opposed to language sought by Russia regarding assistance on CW destruction. Beyond that general concern, however, they fragmented badly and were not able to speak with one voice. That general disapproval of Russian language was enough to put the Russian Ambassador under siege by some 15-20 delegations, and ultimately Russia backed off from its hard-line insistence on certain text. ¶4. (U) In post-EC WEOG discussions, there has been general agreement that while the role of the NAM is not a positive factor, attempting to cut off or challenge the NAM would merely aggravate the problem. Instead, it would be prudent to remind the Chair that the NAM is not a recognized body and there are limitations on NAM activity within the EC schedule. The Russian Ambassador has noted that the Chair should not call for a recess just so the NAM can meet. There also appears to be support in WEOG for generating a broader range of support for WEOG positions, by returning to an informal gathering of WEOG, Eastern European group delegations in the EU, Japan and South Korea before EC-50. ¶5. (U) Other agenda items are covered below using the numbering from the annotated agenda for EC-49. A bilateral held on the margins of the EC will be reported separately. -------------- DG STATEMENT -------------- ¶6. (U) Item 3: Director-General Pfirter spoke on a number of topics at length. The full text can be found on the OPCW external server under document number EC-49/DG.17. The DG noted as of June 21, the U.S. had destroyed 45% of its Category 1 CW. He informed delegations that as of June 1, Russia had destroyed 22% of its Category 1 stockpiles. Pfirter further said this destruction was followed by an agreement with the Technical Secretariat on draft texts of the Facility Agreement and Verification Plan at Maradykovsky; the reporting took place after a TS inspection team confirmed that residual content of agent in the drained reaction mass was less than 0.1% by weight and the emptied munitions had been mutilated. He further said reporting was done on condition that the subsequent thermal treatment on both reaction mass and emptied munitions would be subject to Article IV verification. Pfirter emphasized and was particularly pleased the two steps of destruction would take place at the same site, unlike other CWDFs. He further urged the approval of the facility agreement and verification plan for Maradykovsky. ¶7. (U) The DG noted Albania has kept the TS regularly informed of progress and that as of June 20 they have destroyed 93% of Category 1 and 76% of Category 2 CW; he further informed delegations Albania expects to complete all destruction by July 23. Finally, he urged delegations to bear in mind the technical difficulties that prevented Albania from completing destruction by April 29. ¶8. (U) Pfirter looked forward to the challenge inspection exercise to be held in Delft on September 10-14 and reiterated an offer for all interested EC members to observe and participate. On OCPFs, Pfirter referred to his note of May 25 introducing an adjustment to OCPF site-selection methodology to become effective January 1, 2008. He hopes this adjustment will restore some balance and effectiveness to the system. The DG appointed the Director of International and Cooperation Assistance as coordinator to develop a program within the TS to assist African nations. He said they have drawn up some concrete proposals and are discussing them with the Africa Group, however the Africa Group does not see these proposals as a substitute for an OPCW office in Africa. On universality, he noted the lack of progress in the Middle East, and regretted that Bahamas, Dominican Republic and Myanmar have not yet joined the CWC, though they have expressed a willingness to join. ¶9. (U) The DG stated that at the end of May, only 48% of assessed contributions have been collected for 2007. He noted the work of the TS remains dependent on receipt of States Parties' contributions in full and on time. On the 2008 budget, which he presented on June 25, the DG noted this is the third straight zero nominal growth budget, and actually allows a reduction in assessed contributions by 1.4%. The DG spoke about the plans for a High-Level Session at the UN hosted by the Netherlands and Poland. He noted UNGA and the First Committee regularly address issues related to the CWC as a normal part of business. Finally, during his discussion of the Second Review Conference, Pfirter suggested SPs may wish to consider the possibility of a rotating chairmanship and thus opened a way for a change to the current arrangement by which Africa always has the RevCon chairmanship. -------------- GENERAL DEBATE -------------- ¶10. (U) Item 4: Nearly all delegations called for adherence to destruction deadlines extended at CSP-11. Statements on Albania were largely supportive, however, Russian comments on Albania not meeting its deadline included language that "the violation of destruction deadlines is a cause for concern." Russia also wanted an analysis of the role which countries offering assistance to Albania played in the destruction delays. Albania's statement focused on their continued efforts to complete destruction of their Category 1 and 2 CW. The EU discussed Maradykovsky and encouraged completion of the phase 2 destruction process (incineration of reaction mass) as soon as possible. The EU spokesman noted that the EU is still examining documents, and said that end point of destruction can only be reached after the second phase of destruction. They reminded the EC of the obligation to visit possessor states. Russia said it had destroyed 22% of its stockpile, and emphasized that the primary financial burden of destruction is borne by Russia and their burden is growing. ¶11. (U) Most delegations referred to the progress of the Action Plan on Article VII and many noted the assistance offered under the action plan has been invaluable. Tunisia and Mexico stated they have almost completed legislation which will make them fully compliant. Many statements mentioned the value they receive from Article X assistance and protection workshops and urged this work to continue. ¶12. (U) Nearly all statements referred to site selection methodology and the DG's note, and requested more work on this issue. China commented on how they are the most inspected SP with over 100 inspections, which segued into a discussion for the need for a better OCPF site selection methodology. The usual suspects (Iran, etc.) championed an action plan to implement Article XI, and recited the argument of undue national export control restrictions on SPs as contravening the CWC. They were pleased by the naming of an Article XI facilitator, Mr. Li Hong of China, and expressed hope work on this would move forward. Statements noted continued work needed to be done on an OPCW office in Africa, and the African Group and Tunisia welcomed the DG's increased efforts on Africa. ¶13. (U) Most delegations noted that work continues on the second RevCon, in particular, Russia encouraged work on drafts of final documents. Japan reviewed progress on destruction of abandoned CW in China. They said they have established a joint implementing organization which clears the way for commencement of work, and expect approval from China soon. Further, they plan to procure a mobile destruction system in 2008. ¶14. (U) Switzerland encouraged the use of technology in submitting declarations, referring to the Spietz model. Cuba (on behalf of the NAM),India and Iran all expressed concern that meetings such as the proposed High-Level OPCW-UN meeting should be made in consultation with the EC. The Netherlands made a joint statement with Poland on the status of preparation for that meeting, informing the EC that invitations will be passed to UN members, relevant IOs and NGOs, and that the meeting will be devoted to expressing the commitment to multilateralism. Another information meeting will be held at the OPCW in early September. Copies of written statements were pouched to ISN-CB. -------------- OTHER AGENDA ITEMS -------------- Item 5.1: Newport Verification Plan: Deferred to EC-50 by Russia. Item 5.2: Maradykovsky Verification Plan: Deferred to EC-50 by the U.S. Item 5.3: Pine Bluff VP amendments: Deferred to EC-50 by Russia. Item 5.4: TS Note on Progress made in converting former CW Production Facilities: Noted by the EC. Item 5.5: Russian national paper on Khimprom, Novocheboksarsk: Deferred to EC-50 by the U.S. Item 5.6: DG's Note on 90-day reporting modalities during extension period: Noted by the EC. Item 5.7: DG's Note on Albanian destruction: Noted by EC. Item 5.8: TS Note on destruction of Austrian OCW: Noted by the EC. Item 5.9: Article VII. Further to a decision of CSP-11 on sustaining follow-up to the plan of action regarding Article VII obligations, the EC noted a DG's Note providing a summary of developments in the implementation of Article VII. Item 5.10: Article X: The DG's report was noted, after which Iran made a statement on paragraph 7, Offers of Assistance. They said the current offers under this are not adequate. They said there is a need to do more to increase the TS ability to provide assistance in the event of use of chemical weapons. They noted they are the only country to have a completed bilateral agreement with the TS and that voluntary contributions under Article X have decreased. They encouraged SPs to increase and diversify their offers under Paragraph 7 of Article X. Item 5.11: Article XI. The Council deferred consideration of the DG's Note on the status of implementation of Article XI. Cuba and Iran noted that as a facilitator had just been appointed, delegations had not had time to discuss the document. Iran further noted that Article XI is a fundamental pillar of the CWC, and that it is not enough to simply progress. Full implementation of Article XI is required, including free trade among all SPs. Items 5.12 and 5.13: UK SSSF. The EC approved the amendments to the facility agreement of the UK SSSF without comment. Items 5.14, 5.15, and 5.16. UK Facility Agreements. The EC deferred consideration to EC-50 of a UK facility arrangement for the Randle Island Landfill Site converted CWPF, the Valley Site former CWPF, and the CRP Porthreath converted CWPF, at UK request. Item 5.17: Italian Facility Agreement. The EC approved the Italian facility agreement for the Clariant LSM Schedule 2 site. Del met with the Italian delegation regarding our comments, many of which they agreed with, however this did not result in any changes to the document. Del deployed guidance from the floor regarding our position on site tours and the inspection period, in reference to this and other facility agreements. Of interest, during the discussion on this agenda item, the Iranian delegation seemed not to be paying attention, and asked for more time to allow their experts to consult with the Italian delegation after the Chair had gaveled this item through. The Chair reminded the Iranians that this item had been approved, and Italy held firm as well, but did suggest a 10 minute recess to allow the requested Iran/Italy discussion to occur. After the break, Iran said their issues had been resolved and there was no need to consider reopening this item. Item 5.18: Italian facility agreement for the Sandoz Industrial Products Schedule 2 site. The EC approved the FA. Items 5.19, 5.20, 5.22, and 5.23: U.S. FAs. The EC deferred to EC-50 the Newport facility agreement amendments and the Pine Bluff Chemical Agent Disposal Facility and Binary Destruction Facility FA modifications, at the request of Russia, who said they needed more time to review the documents. (Del comment: Russia later made clear that its concerns were not specific in nature, but stemmed from the fundamental difference in U.S. and Russian approaches to two-stage destruction and verification. End comment.) Item 5.21: Maradykovsky CWDF FA. Deferred to EC-50, at the request of the U.S. Item 5.24 and 5.25: UK FAs. The EC approved a UK facility arrangement for the AGC Chemicals Schedule 2 site, with the inclusion of a corrigendum (EC-49/DEC/CRP.10/Corr. 1, dated 28 June 2007). The EC approved a facility agreement for the Albemarle Chemicals Schedule 2 site, with the inclusion of a corrigendum. These corrigenda were a result of U.S. comments on these documents, adding in part that (1) the PIB will not exceed 3 hours, and (2) that the Inspection Team Leader will provide a "tentative inspection plan" to the host team. Item 5.26: Iranian Schedule 1 FA: The EC noted the modifications to an Iranian Schedule 1 protective purposes FA. Earlier in the week, Germany had asked that this be deferred but later said their further review allowed this item to be reopened. Del deployed guidance on this item (i.e., reservation of rights to return to this issue in the future). Item 5.27: Ciba Schedule 2 facility agreement. Deferred to EC-50, at the request of Russia. Item 5.28: DG Report on TS Readiness to conduct a Challenge Inspection. The EC noted the report. India and France both intervened to note that this report, and the details outlined in it, should be discussed further at the RevCon. India said that the report showed that the TS needs more preparation before it is ready to conduct a challenge inspection. The Netherlands updated the EC on the status of the mock challenge inspection to be held in September at an industrial site in Delft, and noted that all EC members are invited to visit before and during the exercise, as well as to attend the debriefing session after the exercise. Item 5.29: Revisions to specifications for three items of approved inspection equipment. The EC approved the revisions proposed in the DG's note. Item 5.30: 2006 Verification Implementation Report. Per reftel guidance, the U.S. requested that this item be deferred to EC-50, as the corrigendum was released just before EC-49. Item 6: Draft Report of the OPCW for 2006. The Council forwarded the draft report to the CSP, without any interventions. After the decision had been taken, Germany requested that it be posted on the OPCW website with clear indications that the report will be considered and approved by the CSP. Item 7.1: Lists of new validated data. At the request of India, the EC only approved the data in Table 1, which contains mass-spectrometry (MS) data from Schedules 1 and 2. India said that they were awaiting a TS paper proposed during EC-44 about data for analytical derivatives of scheduled chemicals, etc. The TS reported that publication of this paper has been delayed because of "internal disagreements." The TS said that the decision language would be modified to capture this partial approval of this validated data. Consideration of the remaining tables was deferred to EC-50. Item 7.2: Newer lists of validated data. The Council deferred consideration to EC-50, at the request of Russia. Item 8.1 and 8.2: Reports on implementation in 2006 of the recommendations of the Office of Internal Oversight and the External Auditor. Iran requested, and the EC agreed, on deferral to EC-50 as there had been no consultations to discuss these documents. Item 9: Report of OIO for 2006: Similarly, Iran requested, and the EC agreed, to deferral of this item to EC-50 so consultations could be held on this document. Item 10.1 and 10.2: Africa Office. There was no discussion under this item as the EC agreed to consider it further at EC-50. Item 11.1: Draft Budget for 2008: The draft budget and medium-term plan, released on June 25, were received by the EC without discussion. Informal consultations will take place in the run-up to EC-50, which will make a budget recommendation to the CSP. The draft budget is ZNG and maintains the current level and distribution of industry inspections. The halt in the trend toward more inspections of OCPFs was welcomed by a number of developing countries in their national statements, several of which laid markers relating to the "hierarchy of risk" argument -- that facilities handling scheduled chemicals are considered more dangerous by the CWC than OCPFs. The UK delegation approached the U.S. to urge that the U.S. press hard to gain a "symbolic" increase in OCPF inspections in the 2008 budget. They argued that while they could settle for a token increase, it was politically important to maintain the trend of the last several years. Item 11.2: Moldovan Arrears repayment plan. The plan was approved without discussion. Item 11.3: OPCW Income and expenditure for the first quarter of 2007. The EC noted the DG's report without discussion. Item 11.4: Audited Financial Statements. Per guidance, this item was deferred to EC-50 to permit review in capitals. Item 11.5: Proposed alignment of OPCW Staff Regulation 3.2(a) with the corresponding UN regulation. The item was deferred to EC-50 at the request of Russia, which requested an opinion from the Advisory Body on Administrative and Financial Matters on the proposal. Item 11.6: Paternity Leave. The DG's note was approved following a statement on behalf of the DG explicitly stating that this proposal is aligned with the UN staff regulations and not with the UN common system. The statement also made clear that this would be absorbed within the existing budget. Item 11.7: Report on tenure: The EC noted the DG's report on implementation of tenure. Item 12.1, 12.2 and 12.3: ABAF. The EC noted the report of the 22nd session of the ABAF, approved the appointment of John Fox to the ABAF and approved the appointment of Gao Huijun to the ABAF. Item 13: Report of the Scientific Advisory Report. At the request of India, the EC deferred the reports of the Ninth and Tenth Sessions of the SAB and the Note by the DG until EC-50. India also expressed concerns about the handling of biomedical sampling. Item 14: Credentials. The EC approved the DG's report on the credentials of EC members. Item 15: Provisional Agenda for CSP-12. The EC drew up the provisional agenda for CSP-12. Item 16: Dates for Regular Sessions of the Executive Council in 2008. The EC agreed to option A for the dates of the regular sessions in 2008: EC-52 from 4-7 March, EC-53 from 24-27 June and EC-54 from 14-17 October due to the Second Review Conference to be held in April 2008. The EC report language reflects that this is an exceptional measure and that the Council will revert to the establish practice of four sessions in 2009. Item 17: Any Other Business. The EC noted the DG's note of the overview of deadlines for the circulation of official-series documents. In addition, Pakistan on behalf of the Asia Group and Cuba on behalf of the Non-Aligned Movement asked to include the issue of the September UN-OPCW High-Level Event in connection with the tenth anniversary of the CWC. After lengthy deliberations, Pakistan on behalf of the Asian group simply made a statement from the floor that was responded by the co-sponsor from The Netherlands. And in a similar manner, China read a statement concerning the DG's note on OCPF site selection, simply calling for further consultations on the issue. -------------- DESTRUCTION INFORMALS -------------- ¶15. (U) During the 25 June destruction informals, Albania, Austria, China, India, Japan, Libya, the Russian Federation, a State Party, and U.S. presented updates on their current destruction activities. Additionally, the TS presented the progress of CW destruction and verification activities. Of note, the TS highlighted that the U.S. achieved 45 percent destruction and that Russia had reached 22 percent destruction. Since EIF, there have been 2,951 inspections (59 percent CW related and 41 percent Article 6 related) and 158,000 inspection days (85 percent CW related and 15 percent Article 6 related). To date, there have been no inspection related accidents. ¶16. (U) Albania provided a briefing on its destruction efforts and reported that due to unforeseen technical issues, it was unable to meet its treaty deadline for destruction. However, over the weekend, Albania reached 97 percent destruction of category 1 CW. At this rate, they anticipate reaching complete destruction of category 1 CW by 3 July and all CW by 16 July. Austria briefed on the joint effort that they completed with Germany to destroy two shells containing CW agents (originating between 1925 and 1946) and one deteriorating gas bomb (from pre-1925). These CW were transported to Germany and destroyed at Austria's expense. ¶17. (U) China and Japan briefed on their joint efforts to address the issue of abandoned chemical weapons (ACW) left in China by Japan. The two countries estimate that between 300,000 and 400,000 are still in China; however, 38,000 have been recovered to date. China informed delegations that it had held seven rounds of bilateral discussions with Japan so far this year. India provided a detailed briefing on their adherence to CWC and their current destruction efforts. They reported achieving 79.8 percent destruction of all of CW stockpiles. Libya provided an update on their destruction efforts that have been on hold since December 2006 awaiting a new contract. Libya thanked the U.S. for its assistance, but explained to delegations its decision to terminate its contract with the U.S. government, and that it intends to bear the remainder of the costs. The Libyan del rep noted that Libya is now working with a "European contractor," and indicated Libya's intention to provide a draft copy of the Detailed F acility Information (presumably for the equipment offered by the new contractor) to the TS the first week of July. ¶18. (U) Russia's briefing announced its milestone of reaching 20 percent destruction and provided an update on the completion of the incinerator (anticipated to be completed by August and up and running by October). The building of 101A, supported by the UK, was delayed by the lack of funds and supplies for its completion. A State Party reported that it had destroyed 90 percent of its stockpile and anticipates completion by May 2008. The U.S. provided an update of activities at the U.S. facilities as well as reaching the 45 percent milestone six months ahead of schedule. ¶19. (U) Javits sends. ARNALL