Identifier
Created
Classification
Origin
09UNVIEVIENNA547
2009-12-04 12:15:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
UNVIE
Cable title:  

PC524: CTBTO 33RD SESSION OF THE PREPARATORY

Tags:  PARM AORC KTBT 
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P 041215Z DEC 09
FM USMISSION UNVIE VIENNA
TO RUEHC/SECSTATE WASHDC PRIORITY 0378
INFO RUEHTV/AMEMBASSY TEL AVIV 0342
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UNCLAS UNVIE VIENNA 000547 

SENSITIVE
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DEPT FOR ISN/MNSA, VCI/NA, IO/GS, L/ACV
DOE FOR NN-40
JCS FOR J5/DDIN
SECDEF FOR OSD/ISP, ATSH/NCB/NT, DTRA

E.O. 12958: N/A
TAGS: PARM AORC KTBT
SUBJECT: PC524: CTBTO 33RD SESSION OF THE PREPARATORY
COMMISSION, NOV. 16-17, 2009

REF: A) STATE 117711 B) STATE 113019 C) STATE 111527

UNCLAS UNVIE VIENNA 000547

SENSITIVE
SIPDIS

DEPT FOR ISN/MNSA, VCI/NA, IO/GS, L/ACV
DOE FOR NN-40
JCS FOR J5/DDIN
SECDEF FOR OSD/ISP, ATSH/NCB/NT, DTRA

E.O. 12958: N/A
TAGS: PARM AORC KTBT
SUBJECT: PC524: CTBTO 33RD SESSION OF THE PREPARATORY
COMMISSION, NOV. 16-17, 2009

REF: A) STATE 117711 B) STATE 113019 C) STATE 111527


1. (U) Summary. The 33rd Session of the Preparatory
Commission of the CTBTO proceeded more smoothly than
expected. There was little discussion of the recommendations
coming to the PrepCom from Working Group B (WGB) and Working
Group A (WGA),and the PrepCom approved all recommendations
quickly and expeditiously. Group and national statements
featured largely familiar themes. The G77 and China proposed
an amendment to the PrepCom rules on observers that would
allow Palestine to become an observer, but without mentioning
Palestine by name. The PrepCom decided to have the PrepCom
Chair convene consultations on the proposed amendments, with
a decision to be taken at the June 2010 PrepCom. We expect
the Arab Group to call for a vote at the time if there is no
consensus on a rule which would allow Palestine to become an
observer, and the Arab group would be likely to win. Mission
requests guidance on how to proceed in consultations on
observers (see para twelve below). End Summary.

National and Group Statements
--------------


2. (U) The G77 and China called for continual adherence to a
zero real growth budget, claimed that experience had now
demonstrated there was no need for more than two meetings per
year of WGB, and suggested that the PrepCom itself should
perhaps meet only once a year. The statement of the
non-aligned Movement (NAM) focused almost entirely on themes
from the Nuclear Non-Proliferation Treaty. Both the NAM and
the G77 made strong calls for admission of Palestine as an
observer in the Preparatory Commission.


3. (U) The EU and other like-minded groups and countries
stressed the need for future budgets to be program-based and
generally encouraged a faster pace of work within the
organization. In particular the EU noted the importance of a
continued steady buildup of the International Monitoring
System (IMS),the need to certify all installed stations,
particularly noble gas systems. The EU called on the
Provisional Technical Secretariat (PTS) to make clear its
long-term staffing needs. Finally, it noted that the
proposed schedule of meetings for 2010 represented an
experiment and thus did not set a precedent for future years.

The Ambassador delivered the US statement (Ref B),which was
well-received.

Recommendations of Working Groups A and B
--------------


4. (U) The PrepCom approved all recommendations of Working
Groups A and B, generally with little or no discussion.
Mission representatives made interventions specified in Ref C
at appropriate times. Thus the PrepCom approved the WGB
recommendations on the action plan for on-site inspections
and the WGB work plan for 2010. As for WGA recommendations,
particularly important were the approval of budgetary
transfers, the carry-forward of the unspent balance in the
Capital Investment Fund (CIF),and the adoption of a new
financial rule to expedite the procurement process. The
PrepCom approved the scale of assessments without the
22-percent cap, but several delegations, notably including
the Group of Latin American and Caribbean Countries (GRULAC),
expressed interest in considering such a cap in the 2011
budget.

2010 Schedule of Meetings
--------------


5. (U) The PrepCom approved a schedule of meetings for 2010
to include two meetings of three-week duration of Working
Group B in the usual February-March and August-September time
frame, sessions of Working Group A in June and October,
PrepCom sessions in June and November, and joint meetings of
Working Groups A and B in March, June, and August.

-- Preparatory Commission 34th Session 28-29 June 2010

-- Preparatory Commission 35th Session 8-11 November 2010


-- Working Group A 37th Session 7 to 9 June 2010

-- Working Group A 38th Session 4 to 6 October 2010

-- Working Group B 34th Session 15 February to 5 March 2010

-- Working Group B 35th Session 16 August to 3 September 2010

-- Joint Meetings of Working Groups A and B on March 1, June
3-4, and August 30



Elections
--------------


6. (U) Since the African Group was unable to agree on
candidates either for the 2010 PrepCom Chair or for the Chair
of Working Group A, the PrepCom agreed to defer a decision
until a special session of the PrepCom in March. The
Australian ambassador will continue as PrepCom Chair until
that time. Mission has heard that Namibia may be willing to
accept the Chair of the PrepCom The Namibian ambassador has
performed very well as chair of the 2009 Commission on
Narcotic Drugs and is close the the US Mission.

Palestinian Observership
--------------


7. (U) In advance of the PrepCom, it was widely feared that
the G77 and China would once again push hard in support of
Palestine as an observer in the PrepCom. Many observers,
including the PrepCom chair, believed that some in the G77
would call for a vote on the issue and that the G77 would
easily win. The G77 and China had earlier circulated a draft
for proposed changes in the PrepCom rules concerning
observers (see para nine below) that would have allowed
Palestine to observe, without actually mentioning Palestine
by name. Egypt and others were expected to raise the issue
independently of the proposed rule changes.


8. (U) In the event, the G77 was content to have the PrepCom
Chair promise to hold open-ended consultations on the
proposed rule changes, with a decision expected at the next
session of the PrepCom in June 2010. The Egyptian delegation
was also quite restrained, calling for Palestine to be
admitted to observer status immediately, but then signaling
that it, too, was willing to wait until June. Again there is
a clear expectation that, one way or another, the June
PrepCom will admit Palestine as an observer. If not, a vote
is very likely.

G77 and China Proposal on rule five of the G77
-------------- -


9. (U) Begin text

Rule 5 Observers


1. Representatives of the non-signatory States to the CTBT
may participate in, without taking part in the decision
making process, meetings of the Commission and its subsidiary
bodies. The representatives of such States shall be entitled
to receive the documents of the Commission and to submit
written contributions on matters under consideration by the
Commission. Costs related to the attendance at such meetings
shall be borne by that non-signatory State.


2. Representatives of the United Nations and other
inter-governmental organizations shall be entitled to attend
meetings of the Commission and its subsidiary bodies and
receive documents of the Commission. Upon invitation of the
Commission, or in accordance with an agreement concluded
between the Commission and the organization concerned,
written statements may be submitted by the organization to
the commission for distribution in the meeting. Costs
related to the attendance at such meetings or distribution of
documents shall be borne by the organization concerned.



3. Representatives of any United Nations specialized agency,
related organization, intergovernmental organization or
entity having received a standing invitation to participate
as an observer in the sessions of the United Nations General
Assembly may attend meetings of the Commission and receive
the documents of the Commission. Costs related to the
attendance at such meetings shall be borne by the
organization or entity concerned.


4. Any non-governmental organization (NGO) that wishes to
attend meetings of the Commission may apply to the
Provisional Technical Secretariat. Permission to attend will
be granted upon the decision of the Commission.
Representatives of such a non-governmental organization shall
be entitled to attend open meetings of the Commission and to
receive upon request the documents of the Commission. Costs
related to the attendance of such meetings shall be borne by
NGO concerned.

End text.

Israeli Views
--------------


10. (SBU) The Israeli Ambassador indicated to Mission officer
after the end of the PrepCom that his government might be
able to accept an amendment to Rule Five which would allow
Palestine to observe meetings of the PrepCom, as long as the
new rule did not mention Palestine by name. He added that
Israel would propose its own amendments to the Rules of the
Preparatory Commission and that its acceptance of the
proposed changes to Rule Five would also be dependent upon
PrepCom acceptance of the Israeli amendments.


11. (SBU) Proposed Israeli Amendments

Rule 8, Officers and their Terms of Office (new paragraph
Three of Rule 8)

In case a Geographical Region as defined in the Treaty does
not elect a Chairman or a Vice Chairman according paragraph 2
of Rule 8, any member state of the Geographical Region may
present its candidacy to that position for the PrepCom's
decision.

New Rule 38 (to replace the current rule 38)

In case a proposal to change the Rules of Procedure does not
achieve consensus the decision will be deferred to the next
meeting of the PrepCom and then could be decided in
accordance with the procedures for decision on matters of
substance as set forth in Rule 26.


12. (SBU) Comment and Action Requested. Mission requests
Department guidance on how best to proceed in the proposed
consultations on Rule Five. We believe the G77 will be
willing to accept almost any changes, additions, or
deletions, as long as the language in paragraph three, which
would allow Palestine to be an observer, remains in the final
version. Mission also requests Department consult closely
with Israel in the coming months, to see whether Israel is in
fact willing to consider the new rule in some form, as the
local ambassador indicated. Such an approach would be an
elegant way to defuse an issue that has been an unnecessary
distraction for the work of the CTBTO --at a time when we
find ourselves increasingly isolated in our approach.
Indeed, were we to have a vote today, the US could find
Australia, New Zealand, Canada, and much of the EU lined up
against us. Mission would like to be able to enter
consultations with a text agreed upon by the EU, Australia,
Canada, Japan, and other like-minded countries. All of these
countries share US concerns about the broad-brush changes in
the G77 proposal.
DAVIES