Identifier
Created
Classification
Origin
10THEHAGUE89
2010-02-12 16:15:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy The Hague
Cable title:  

SCENE SETTER FOR EC-59 AND WRAP-UP FOR THE WEEK

Tags:  PARM PREL CWC 
pdf how-to read a cable
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OO RUEHWEB

DE RUEHTC #0089/01 0431615
ZNR UUUUU ZZH
O 121615Z FEB 10
FM AMEMBASSY THE HAGUE
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3769
INFO RUEAIIA/CIA WASHDC PRIORITY
RUCPDOC/DEPT OF COMMERCE WASHDC PRIORITY
RHEBAAA/DEPT OF ENERGY WASHDC PRIORITY
RUEKJCS/SECDEF WASHINGTON DC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
RUEKJCS/JOINT STAFF WASHDC PRIORITY
RHMFIUU/DTRA ALEX WASHINGTON DC//OSAC PRIORITY
UNCLAS THE HAGUE 000089 

SENSITIVE
SIPDIS

STATE FOR ISN/CB, VCI/CCA, L/NPV, IO/MPR,
SECDEF FOR OSD/GSA/CN,CP>
JOINT STAFF FOR DD PMA-A FOR WTC
COMMERCE FOR BIS (BROWN, DENYER AND CRISTOFARO)
NSC FOR LUTES
WINPAC FOR WALTER

E.O. 12958: N/A
TAGS: PARM PREL CWC
SUBJECT: SCENE SETTER FOR EC-59 AND WRAP-UP FOR THE WEEK
ENDING FEBRUARY 12, 2010

REF: A. THE HAGUE 80

B. THE HAGUE 21

C. THE HAGUE 87

This is CWC-12-10

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

UNCLAS THE HAGUE 000089

SENSITIVE
SIPDIS

STATE FOR ISN/CB, VCI/CCA, L/NPV, IO/MPR,
SECDEF FOR OSD/GSA/CN,CP>
JOINT STAFF FOR DD PMA-A FOR WTC
COMMERCE FOR BIS (BROWN, DENYER AND CRISTOFARO)
NSC FOR LUTES
WINPAC FOR WALTER

E.O. 12958: N/A
TAGS: PARM PREL CWC
SUBJECT: SCENE SETTER FOR EC-59 AND WRAP-UP FOR THE WEEK
ENDING FEBRUARY 12, 2010

REF: A. THE HAGUE 80

B. THE HAGUE 21

C. THE HAGUE 87

This is CWC-12-10

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


1. (SBU) The attention of the Technical Secretariat (TS) of
the Organization for the Prohibition of Chemical Weapons
(OPCW) and delegations turned this week to preparations for
the Executive Council (EC-59) session of February 22-26. EC
Chairman Lomonaco (Mexico) convened the advance consultation
to discuss the agenda for EC-59 on February 10. A new battle
is brewing over the Director-General's (DG) proposal to have
the EC decide what it wants to see in a TS staffing report,
following the UN General Assembly model. The South African
Ambassador opposes the initiative, despite his delegation's
efforts in the past to have the TS provide more data on staff
composition in the annual report on tenure. Chairman
Lomonaco has also drafted a discussion paper on creating
greater transparency in procedures at the Conference of the
States Parties, a move to broaden small back room
negotiations which will doubtless spark lively new discussion.


2. (SBU) The weekly meeting of the Western European and
Others Group (WEOG) February 9 also focused on the upcoming
EC, as well as the controversial consultations on "situations
not foreseen" by the Chemical Weapons Convention (CWC).
Delreps continued to hear from other delegations on
"situations not foreseen", with growing sympathy toward
simplifying the entire exercise.


3. (SBU) The new British Ambassador hosted a meeting of the
permanent members of the UN Security Council (P-5) on
February 11. That group discussed its traditional topic of
progress on universality, but addressed the EC-59 agenda and
"situations not foreseen" as well. Visiting NSC Coordinator
for WMD Gary Samore, in town for nuclear meetings, called on
Director-General Pfirter on February 11 for a useful tour
d'horizon. Details on all of these meetings follow.


4. (SBU) Delrep and the Algerian DCM met with OPCW staff on
February 11 to discuss the proposed conference on chemical
safety and security to be held in Algiers later this spring.

(Reported in Ref C?)

--------------
SCENE-SETTER FOR EC-59
--------------


5. (SBU) The agenda for EC-59 is fairly lean, but that has
not stopped active political agendas. On February 10, EC
Chairman Jorge Lomonaco (Mexico) held the consultation on the
agenda for the February 23-26 Executive Council session
(EC-59),which introduced two new initiatives that may liven
up the Council session.


6. (SBU) The Director-General (DG) himself inserted a new
item on the agenda, "Composition of the Technical
Secretariat," in response to questions raised at previous EC
sessions about the information contained in the annual
implementation report on the tenure policy. He stated that
much of the information requested did not really relate to
the tenure policy but rather more broadly to the composition
of the TS staff. He had consulted the Pakistani Ambassador,
who had worked on similar issues at the United Nations
General Assembly, and was proposing that OPCW follow the UN
model, with the EC instructing the TS as to the information
Qmodel, with the EC instructing the TS as to the information
it wished to be reported. South African Ambassador Goosen
objected to the new agenda item, saying that the EC had
discussed the issue in the past and it had been resolved.
Pakistani Ambassador Chaudry stated the importance of
reviewing all aspects of human resources management,
including recruitment and appointment, and he supported the

DG's proposal. Several WEOG delegations spoke in favor of
retaining this new agenda item and supported EC discussion of
the staffing report. Goosen, out-maneuvered, announced that
he would not join consensus and would not permit the agenda
item to be included. Chairman Lomonaco stated that the
Council itself would have to take up the matter.


7. (SBU) The second new topic arose under "Any Other
Business" where Chairman Lomonaco plans to distribute an
informal paper for discussion on improving transparency in
procedures at the Conference of the States Parties. The
paper is not yet out, but Lomonaco had provided a draft to
Delreps in January (sent to ISN/CB, Ref B).


8. (SBU) Expected moves to promote as separate agenda items
the two new consultations initiated during EC-58, the
Chairman's discussion of post-2012 chemical weapons
destruction and the facilitation on guidelines for
"situations not foreseen" by the Convention, did not
materialize during the February 10 meeting. The Chairman's
deadline discussion is included in the annotated agenda under
the usual sub-item on "Progress made in meeting revised
deadlines for the destruction of chemical weapons." South
African Ambassador Goosen requested similar status for the
consultation on "situations not foreseen." Policy Making
Organs Director Khodakov explained why the facilitation on
"unforeseen situations" was not on the annotated agenda;
Goosen reiterated his view that it should be on the agenda;
and the German Ambassador proposed adding a sub-item on the
issue. Delrep then suggested that the facilitator's report
on that consultation follow the model of its introduction at
EC-58 under the revised deadlines item, with the addition
"and other destruction-related issues" as in October. All
agreed.


9. (SBU) Iran can be expected to use the opportunity of the
report on the deadlines consultation, as well as the 90-day
progress reports on destruction, to blast the U.S. once again
on not meeting the final deadline. Iran's new ambassador has
not yet appeared at OPCW meetings, and whether he will shift
their tactical approach remains to be seen. Iran or others
might also propose new paths through the "situations not
foreseen" morass. (Del Comment: We recommend keeping any
discussion on both of these issues on the margins of the
official sessions to the extent possible. The Chairman will
control the oral presentations in the Council, and, as he
told his deadlines consultation, try to keep the discussion
in that channel rather than in the EC itself. A parallel
approach to "situations not foreseen" would be advisable at
this stage. End Comment.)


10. (SBU) Russia has two destruction facilities, Maradykovsky
and Leonidovka, with amendments to the verification plans and
modifications to the corresponding facility agreements. Del
has not learned of any other delegations questioning these
changes, although European allies are studying them.


11. (SBU) The Technical Secretariat (TS) is still working on
a draft paper on the continued verification of CW production
facilities ten years after conversion. Ambassador Lohman
Qfacilities ten years after conversion. Ambassador Lohman
(Netherlands) expects this to remain under discussion and not
to be ready for EC action at this session (see below).


12. (SBU) The implementation reports for Articles X and XI
were distributed quite late, and both facilitators are likely
to defer these reports in order to hold discussions on them.
Facilitator Mike Byers (Australia) for the Open-Ended Working
Group on Terrorism noted that the TS paper on its activities
related to terrorism was just out, and while he could squeeze
in a consultation just before the EC, he thought it better to
give delegations more time to digest the paper in order to
have a full discussion.


13. (SBU) German Ambassador Burkart announced at the meeting
on February 10 that his government had questions on the
technical arrangements made with designated laboratories,
which they would be addressing with the TS, but they might

have to defer the document on that subject if agreement
cannot be reached. Burkart also raised the wider issue of
the late distribution of documents, making it difficult for
delegations to prepare properly for the EC meeting itself.
PMO Director Khodakov expressed his "deep regret" but stated
that late distribution was due to the late submission of many
documents. He promised that most would be available,
although some only in English, in the next few days.

--------------
WEOG ON EC-59 AND SITUATIONS NOT FORESEEN
--------------


14. (SBU) At its regular weekly meeting February 9, the
Western European and Others Group (WEOG) discussed the
upcoming Executive Council and the ongoing consultation on
"situations not foreseen" by the Convention. German
Ambassador Burkart announced that he had hosted a lunch for
the ten EC members of the next Council beginning in May, and
that "agreement is close" on designating a WEOG Chairman, but
not yet final. French Delegate Raja Rabia volunteered to
chair the Universality consultations to succeed Lee Litman
(UK); WEOG Coordinator Ruth Surkau will raise Rabia's offer
with other regional coordinators to see if there are other
interested candidates. Surkau also reported on her meeting
with new Industry Verification Branch Head Deva Hupaylo on
possibly holding meetings to discuss the Secretariat's paper
on Other Chemical Production Facilities (OCPF),and Sampling
and Analysis during the week of the EC. Surkau also invited
Hupaylo to meet with WEOG later in March, an invitation
Hupaylo readily accepted.


15. (SBU) In introducing EC-59 for dQcussion, Surkau noted
the number of documents that have not yet been distributed to
delegations, including the latest Russian 90-day report.
Several delegations commented on the continuing problem of
documents circulated so close to the EC session that they
must be deferred to the next session for discussion. Dutch
Ambassador Pieter de Savornin Lohman raised the question from
the year before on whether we even need four sessions of the
Executive Council every year. Delrep repeated Washington's
view that we should not reduce the number of Council
sessions, but added that it may be time to address once again
the number of late documents.


16. (SBU) Lohman then briefed the group on the informal
meetings he has been chairing on inspecting converted CW
Production Facilities ten years after their conversion. He
recently received a draft paper from the TS, which he
described as "complicated," which he plans to discuss first
with the "most interested parties" -- those with such
facilities (UK, Russia, South Korea). Later he will hold a
larger discussion of the paper, but said that the TS will not
distribute the paper until at least the first of those
discussions have taken place and comments received. Lohman
did not believe the issue was ripe for this EC, but likely to
be deferred to the next Council session in April.


17. (SBU) German Ambassador Werner Burkart raised the agenda
item on technical arrangements between the TS and designated
Qitem on technical arrangements between the TS and designated
laboratories, stating that his government questions the right
of an inspected party to be present at the lab, and that the
issue is of greater significance than "noting a note."
French Delegate Rabia added that Paris has similar issues and
that the matter is unlikely to be resolved at this Council.


18. (SBU) Delrep announced the meeting on the External
Auditor's report recommendations on February 17 to be
convened by Facilitator Nik Granger (U.S.),who was not
present at the WEOG meeting. She also noted that the DG
planned to defer the decision on Staff Rule 9.4.02 to allow
the TS to draw up figures on the costs involved and to have
the Advisory Body on Administrative and Financial Matters
(ABAF) review it before the Council takes a decision,
effectively deferring the matter until after the ABAF meeting
in May.


19. (SBU) The ensuing discussion of "situations not foreseen"
was far lengthier, as has been true of this issue over the
past several weeks. Facilitator Michael Hurley (Ireland)
stated that the previous week's discussion (Ref A) of the
concept had led to a useful exchange, with a more
free-flowing, constructive atmosphere than in previous
meetings. Although there was "noting to show for the
meeting", he felt it had turned in a better direction.
Surkau played devil's advocate and asked whether guidelines
are necessary, or whether this issue might be solved by a
simpler formulation (perhaps report language) that a State
Party finding chemical weapons in unusual circumstances
should notify the OPCW as soon as possible.


20. (SBU) Several delegations spoke to the need to define the
problem and decide what guidelines might (or might not) be
appropriate (Italy, Netherlands, Germany). Burkart noted the
"slippery slope" of codifying exemptions for unknown future
situations. Rabia asserted that the confusion was born in
the changed language between EC-57 about a specific past
situation and EC-58, where it went from a conflict situation
in a non-State Party to "conflict situations and otherwise."
Hurley stated that the consultation is trying to decide
"certain behaviors against which a breach of the Convention
can be judged." Delrep stated that the U.S. did not see the
destruction of CW in Iraq aabefore it entered the Convention
as "breach" of the Convention, and that the confusion partly
lies between those who still want to focus on the past and
the orientation toward the future mandated for these
consultations.


21. (SBU) New Canadian Delegate Whelan asked whether
additional discussion in the Council would help when there is
so much confusion about the purpose of the consultation,
noting that even if "we might find ourselves with a
delightfully different mandate," it might not help clarify
the issue. Multiple delegations agreed that discussion
should remain in the consultation, not in the Council, with
several noting the problem of "just one" delegation pushing
the entire effort. Hurley agreed that it would not be wise
to take the issue back to the Council at this stage, but said
he would meet with the "three original parties" to understand
their intentions behind the mandate they drafted for EC-58.
Hurley does not plan to hold a larger meeting during EC-59 at
this time.


22. (SBU) Under Any Other Business, French Delegate Rabia
raised the recent survey sent to delegations from the OPCW
budget office soliciting views on their performance.
Delegations turned to former Budget Facilitator Martin Strub
(Switzerland),who acknowledged that any questions on the
budget had gone through the co-facilitators to the TS, but
that delegations might have individual views on how satisfied
they were with the responses. U.S. and New Zealand delegates
said they had taken the survey at face value as an attempt to
measure delegations' satisfaction with the budget office's
service as a Key Performance Indicator. Although the
questions might be better phrased, it was a model initiative
Qquestions might be better phrased, it was a model initiative
that perhaps should be encouraged (including, Delrep noted,
for delegations' level of satisfaction with document delivery
from the PMO office).

--------------
WEOG EC CHAIR
--------------


23. (SBU) Following the lunch hosted by Burkart on February 4
to discuss WEOG's nomination for the next EC Chair (Ref A),
French Ambassador Jean-Francois Blarel confirmed that Paris
has given him the green light to accept the role. On behalf
of WEOG, Burkart plans to announce WEOG's nomination of
Blarel orally during EC-59 and then formally during EC-60 in
April along with the other regional groups' nominations for
the rest of the EC Bureau.

-------------- --------------
MORE BILATERAL VIEWS ON "SITUATIONS NOT FORESEEN"

-------------- --------------


24. (SBU) Russian Delegate Gavrilov told Delrep privately on
February 10 that he is proposing to Moscow that this
guidelines exercise be stopped. The Russian delegation would
like to propose a simple paragraph for an EC decision or
report language that would advise States Parties which
discover chemical weapons in exceptional circumstances to
report to the EC as soon as possible. Delrep replied that
the U.S. could support that, but that she doubted South
Africa would accept such a simple solution. (Del comment: A
Russian initiative of this sort could be very helpful in
putting this exercise on a reasonable track. End Comment.)


25. (SBU) Delreps also met with Italian Delegate Cornacchia
on February 10 at his request. Cornacchia wanted to
understand the U.S. position, which Delreps shared, and to
discuss how to proceed with the facilitation. He agreed with
Delreps that the focus should be limited to addressing
discoveries of CW in non-States Parties during conflict
situations. Cornacchia wants to support Hurley but noted the
need to steer him back on course.

---
P-5
---


26. (SBU) UK Ambassador Paul Arkwright hosted the meeting of
P-5 delegations on February 11 with universality the
principal topic on the agenda. Arkwright noted French
Delegate Rabia had volunteered to take over as universality
facilitator from departed UK Delegate Litman, keeping
leadership of the issue within the P-5. Chinese Ambassador
Zhang Jun began a review of the status of outreach to each of
the seven non-member states by raising North Korea. With
attention focused on desperately trying to resume the
Six-Party Talks, Zhang said it was premature to raise the
issue of CW disarmament. Zhang went on to refute claims made
in the Japanese media that China had conducted tests which
found traces of chemical agents from air samples taken near
the Chinese-North Korean border. He said the claims were
groundless, and that China had not carried out any such tests.


27. (SBU) French Ambassador Blarel said that the seven
non-member states should not be lumped together in the same
basket, and he highlighted the need to target Angola both
bilaterally and through the African Union to make joining the
Convention a priority. Recently-arrived Russian Ambassador
Roman Kolodkin agreed that Angola seems to be the most
eligible non-member state to join and recommended working
through the African regional group to push Angola. Blarel
said that when Angola, or even Somalia, join, they will
immediately be faced with the challenge of implementing the
Convention. Kolodkin responded that he would prefer to have
countries join first and then worry about implementing their
obligations. Arkwright said that outreach to non-member
states would be most effective if it included assurance of
assistance from the Technical Secretariat and member states
upon joining the OPCW. Zhang added the need to stress that
assistance would not be limited to national implementation
but also would include international cooperation and
assistance.


28. (SBU) Blarel noted that Burmese participation in OPCW
Q28. (SBU) Blarel noted that Burmese participation in OPCW
events indicates some willingness to engage. North Korea and
the three Middle Eastern non-members (Egypt, Israel and
Syria) pose the biggest challenge. Delrep Beik raised the
recent visits to Israel and Egypt by the DG's Special Envoy
for Universality, Marc Vogelaar. No one else had heard about
the visit but all agreed to Beik's suggestion that Rabia meet
with Vogelaar and give an update on his activities at the
next P-5 meeting.


29. (SBU) Arkwright then raised UN Security Council
Resolution 1540, noting that the new Chairman of the 1540
Committee, Ambassador Claude Heller (Mexico),visited the
OPCW recently and that 1540 includes obligations related to

chemical weapons for all UN members. Kolodkin suggested that
the local P-5 consider expanding interaction between the OPCW
and the UN on 1540. Although there previously had been
strong resistance to even discussing 1540 in the OPCW, Beik
said that the climate has changed since the Second Review
Conference in April 2008. Noting the good, but cautious,
work done on 1540 in The Hague, Beik said the time may be
right to expand efforts. UK Delegate Karen Wolstenholme
agreed that there has been some progress and that it would be
good to seize the opportunity to move forward. All agreed to
add 1540 to the agenda for the next meeting, which the U.S.
Delegation will host in early June before EC-61.


30. (SBU) Under Any Other Business, discussion turned briefly
to preparations for EC-59 and on-going consultations.
Kolodkin raised "situations not foreseen," saying that
agreement should be reached quickly on a simple, short
decision. The others agreed with that approach. Blarel
also suggested reducing the number of EC sessions annually
from four to three, a proposal which has been gaining more
traction among delegations in The Hague faced with a
substantively lean agenda for EC-59. (Del comment: Since
this issue of fewer EC sessions each year was raised in WEOG
and then by Blarel himself, who will be taking up the
chairmanship, there will likely be a more formal proposal
soon, perhaps from the European Union. End Comment.)


31. (SBU) Zhang expressed concern that too many issues are
left unresolved by the Executive Council and "drag on" to the
annual Conference of the States Parties. He was particularly
concerned at the lack of progress on targeting inspections
for Other Chemical Production Facilities, and having it end
up as a recurring fight over numbers in the OPCW Budget. He
supported the DG's ideas on states monitoring their own
industries, so that the OPCW inspections could focus more
specifically (and, presumably, with fewer inspections in any
one country). Others expressed agreement with improving
efforts to make the consultations more productive and to
resolve some of the outstanding industry issues, including
OCPF site selection.

--------------
SAMORE MEETING WITH THE DG
--------------


32. (SBU) Visiting National Security Council WMD Coordinator
Gary Samore called on Director-General Pfirter on February
11, taking time out from his meetings in preparation for the
Nuclear Summit. OPCW Chief of Cabinet Richard Ekwall, INS/EX
Deputy Director William Amoroso and Delrep Janet Beik sat in.
Pfirter emphasized the importance of a new U.S. Ambassador to
OPCW for continuing diplomacy leading up to the 2012
destruction deadline. Samore said he would look into the
nomination for the new U.S. ambassador. Pfirter added that
in addition to efforts in The Hague, demarches explaining the
U.S. position might be helpful in capitals, particularly with
countries such as India, China, Brazil, South Africa and
other developing countries.


33. (SBU) Pfirter noted the differences between the Russian
and U.S. approaches to missing the final destruction
Qand U.S. approaches to missing the final destruction
deadline, advising that, despite the American "obsession with
transparency," formalizing the dates beyond 2012 would be
best done closer to the deadline, when the projections are
more accurate and "you will not be alone." Pfirter also
stated that the "lull" after 2012 when the projections show
no activity at all at U.S. facilities is more problematic for
U.S. credibility than going beyond April 2012. Measures such
as the Executive Council visits to the sites have
demonstrated the U.S. (and Russian) commitment to total
destruction, he said, and deepened understanding of the
complex challenges involved.


34. (SBU) Pfirter outlined his efforts to bring the seven
countries remaining outside the Convention into the fold. He
said South Africa is working to bring Angola into the
Convention; the Angolans have no reason not to join, they

just have not gotten around to it. Somalia is hopeless until
there is some government there. The Burmese generals are
worried about a challenge inspection from their neighbors as
soon as they join, Pfirter said; unless they have "something
to hide," that should not be an issue as no challenge
inspections have yet occurred. Pfirter believes chemical
weapons should be the easiest piece of the Middle East
conundrum for Israel, Syria and Egypt, perhaps serving as a
confidence building measure to tackle the more difficult
issues. North Korea has greater issues, but chemical weapons
should not be forgotten there.


35. (SBU) Pfirter officially requested that the U.S. pay its
2010 dues to the Organization in full and on time. Samore
explained the increases the Obama administration has made in
the budget for the State Department, but noted the structural
problem for the U.S. in paying all of its assessments to
international organizations. Samore praised the DG's sound
management of the OPCW and all that he has done to leave the
Organization in excellent shape for his successor.


36. (U) BEIK SENDS.
NOLAN