HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 321/68
EN
Official Journal of the European Union
20.11.2012
COUNCIL DECISION 2012/712/CFSP
of 19 November 2012
relating to the 2013 Review Conference of the Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons and on their Destruction (CWC)
THE COUNCIL OF THE EUROPEAN UNION,
Union to the multilateral treaty system and underlines,
inter alia, the crucial role of the CWC and the OPCW in
creating a world free of chemical weapons.
Having regard to the Treaty on European Union and in
particular Article 29 and Article 31(1) thereof,
(7) On
28
April
2004,
the
United
Nations
Security
Council
Whereas:
unanimously adopted Resolution 1540 (2004) reaf
firming the proliferation of weapons of mass destruction
and their means of delivery as a threat to international
(1)
On 29 April 1997, the Convention on the Prohibition of
peace and security. Subsequently, the Security Council
the Development, Production, Stockpiling and Use of
adopted Resolutions 1673 (2006), 1810 (2008) and
Chemical Weapons and on their Destruction (CWC)
1977 (2011) which reiterated the objectives of
entered into force. The CWC aims at eliminating an
Resolution 1540 (2004) and expressed the interest of
entire category of weapons of mass destruction by
the Security Council in intensifying its efforts to
prohibiting the development, production, acquisition,
promote full implementation of that Resolution. Imple
stockpiling, retention, transfer or use of chemical
mentation of the CWC and implementation of
weapons.
Resolution 1540 (2004) and subsequent related Resol
utions are mutually reinforcing.
(2) The
European
Union
considers
the
CWC
to
be
a
key
component of the non-proliferation and disarmament
framework and a unique disarmament and non-prolif
(8) On
22
November
2004,
the
Council
of
the
European
eration instrument the integrity and strict application of
Union adopted the first Joint Action 2004/797/CFSP
which must be fully guaranteed. All EU Member States
on support for OPCW activities in the framework of
are States Parties to the CWC.
the implementation of the EU Strategy against Prolif
eration of Weapons of Mass Destruction ( 2 ). That Joint
Action was followed by Council Joint Action
(3) The
Union,
moreover,
considers
that
the
CWC
has
2005/913/CFSP ( 3 ), adopted on 12 December 2005,
proven to be a very successful instrument in that near
Council Joint Action 2007/185/CFSP ( 4 ), adopted on
universal accession has been achieved and the possessor
19 March 2007, Council Decision 2009/569/CFSP ( 5 ),
states have already destroyed a large part of their
adopted on 27 July 2009 and Council Decision
chemical weapons stockpiles. At the same time, and
2012/166/CFSP ( 6 ), adopted on 23 March 2012.
while destruction remains a priority for the Organisation
for the Prohibition of Chemical Weapons (OPCW) estab
lished pursuant to the CWC, new challenges and threats
present themselves to which the OPCW must adapt itself
(9) On
8
September
2006,
the
UN
General
Assembly
to preserve and protect the integrity of the CWC.
adopted the Global Counter-Terrorism Strategy in
which the States Members of the UN resolved, inter
alia, to implement all UN Security Council resolutions
(4) The
Union
also
believes
that
close
engagement
of
the
related to international terrorism and to cooperate fully
OPCW with civil society on a regular basis, including
with the counter-terrorism subsidiary bodies of the
in the run-up and during the Review Conference, is
Security Council in the fulfilment of their tasks. The
beneficial for the work of the OPCW.
Strategy also encouraged the OPCW to continue its
efforts, within its mandate, in helping States to build
capacity to prevent terrorists from accessing chemical
(5)
On 17 November 2003, the Council of the European
materials, to ensure security at related facilities, and to
Union adopted Common Position 2003/805/CFSP on
respond effectively in the event of an attack using such
the universalisation and reinforcement of multilateral
materials.
agreements in the field of non-proliferation of weapons
of mass destruction and means of delivery ( 1 ). Under that
Common Position the CWC is included as one of those
multilateral agreements.
(10) On 2 December 2011, the UN General Assembly

adopted, by consensus, a Resolution on the Implemen
tation of the CWC.
(6) On
12
December
2003,
the
European
Council
adopted
the EU Strategy against proliferation of Weapons of Mass
( 2 ) OJ L 349, 25.11.2004, p. 63.
Destruction, which reaffirms the commitment of the
( 3 ) OJ L 331, 17.12.2005, p. 34.
( 4 ) OJ L 85, 27.3.2007, p. 10.
( 5 ) OJ L 197, 29.7.2009, p. 96.
( 1 ) OJ L 302, 20.11.2003, p. 34.
( 6 ) OJ L 87, 24.3.2012, p. 49.

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EN
20.11.2012 Official
Journal
of
the
European
Union L
321/69
(11) In
view
of
the
forthcoming
Third
Review
Conference
of
Article III, especially those relating to chemical
the CWC during 2013 (‘Third Review Conference’), it is
weapons, and including also those relating to riot
appropriate to define the approach of the Union which
control agents;
will guide its Member States at that conference,
(iii) development and implementation by the CWC
HAS ADOPTED THIS DECISION:
Technical Secretariat (‘Technical Secretariat’) of
targeted, tailor-made approaches on achieving the
Article 1
universality of the CWC, in close coordination and
1. The
objective
of
the
European
Union
shall
be
to
cooperation with States Parties, also in view of the
strengthen the Convention on the Prohibition of the Devel
fact that at least one State not Party to the CWC,
opment, Production, Stockpiling and use of Chemical
Syria, admitted, in July 2012, possession of chemical
Weapons and on their Destruction (CWC) by building on the
weapons;
progress achieved so far in destroying declared stockpiles of
chemical weapons and the prevention of their re-emergence,
(iv) reaffirmation of the obligation of chemical weapons
through, inter alia, enhancement of the CWC’s verification
possessor states to destroy their chemical weapons
regime, improvement of national implementation as well as
and recognition of the achievements so far in elim
efforts towards achieving universality.
inating chemical weapons through:
2. The
Union
shall
aim
to
strengthen
the
CWC
also
by
— welcoming the efforts undertaken and the progress
adapting the implementation of the CWC in light of the
made by possessor states to destroy their declared
changing security environment and developments in science
stockpiles and highlighting the fact that we are
and technology and by emphasising that the Third Review
well under way towards a world free of chemical
Conference should provide political support and broad
weapons,
guidance for the work to be undertaken in the inter-sessional
period on the future priorities of the OPCW.
— recognising the successful addressing of the issue
3. To
attain
the
objective
laid
down
in
this
Article,
the
Union
of the final extended deadline for the destruction
shall put forward concrete proposals to the Third Review
of chemical weapons by the possessor states,
Conference.
— calling upon chemical weapons possessor states to
Article 2
complete destruction of their chemical weapons
stockpiles in the shortest time possible in
For the purposes of the objective laid down in Article 1, the
accordance with the CWC and its Verification
Union shall:
Annex as well as the decision of the Sixteenth
Session of the Conference of the States Parties
(a) contribute to a full review of the operation of the CWC at
on the issue of the final extended deadline for
the Third Review Conference, taking into account in
destruction of the remaining stockpiles,
particular scientific and technological developments, as
well as to building a solid foundation for addressing chal
lenges that the CWC will be faced with in the future;
— reiterating the importance of systematic verifi
cation of destruction by the Technical Secretariat
(b) help build consensus for a successful outcome of the Third
as prescribed by the CWC and its Verification
Review Conference and promote, inter alia, the following
Annex,
essential issues:
— emphasising that whilst expertise and capacity to
(i) reaffirmation of the comprehensive nature of the
deal with chemical weapons as well as with old
prohibition of chemical weapons as laid down in the
chemical weapons and abandoned chemical
General Purpose Criterion by:
weapons should be retained, the OPCW must
also continue its adaptation to the new security
— reconfirming that the CWC’s prohibitions apply to
environment;
any toxic chemical, except where such chemical is
intended for any purpose not prohibited by
(v) strengthening of the verification regime with regard to
paragraph 9 of Article II and as long as the
activities not prohibited under the CWC, with a view
types and quantities are consistent with such a
to strengthening prevention of re-emergence of
purpose, and thus take into account the devel
chemical weapons by:
opments in science and technology since the
Second Review Conference in 2008,
— highlighting the obligation of all States Parties to
— underlining the obligation of States Parties to
submit adequate and timely declarations under
reflect the General Purpose Criterion in their
Article VI,
national implementation legislation and adminis
trative enforcement practice;
— conducting a sufficient number of inspections
under Article VI with appropriate geographical
(ii) emphasising the full and timely implementation by the
coverage and frequency, in accordance with the
States Parties of all declaration obligations under
agreed guidelines,

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L 321/70
EN
Official Journal of the European Union
20.11.2012
— increasing the relevance of inspections under
— exploring potential synergies between the OPCW
Article VI to the object and purpose of the CWC
and other relevant international organisations as
and ensuring effective site selection, including
regards implementation support and capacity
through the evaluation of the results of the
building;
interim Other Chemical Production Facilities site
selection methodology,
(vii) implementation of the provisions of the CWC on
— improving the information basis for industry verifi
consultations, cooperation and fact-finding, in
cation by, inter alia, encouraging the Technical
particular the challenge inspection mechanism which
Secretariat to use information already available,
remains a viable and usable tool of the OPCW’s verifi
including information voluntarily submitted by
cation regime, stressing the legal right of States Parties
States Parties and information from previous
to request a challenge inspection without prior consul
inspection reports as well as appropriate publicly
tation and encouraging the use of the mechanism as
available information,
required for clarifying and resolving any questions
concerning possible non-compliance with the CWC;
in this respect, underlining the importance of the
— emphasising that the Schedules of Chemicals
Technical Secretariat maintaining and further
(‘Schedules’) of the CWC were designed primarily
developing the technical capabilities, expertise and
for the application of different verification
necessary preparedness to conduct challenge
measures,
inspections as well as the obligation of States Parties
to continuously be ready and able to receive challenge
— working on maintaining the relevance of the
inspections;
Schedules in light of developments in science
and technology by, inter alia, examining the
merits of reviewing the Schedules at regular
(viii) continued strong support of OPCW activities related
intervals between Review Conferences,
to assistance and protection, in particular retaining the
OPCW’s capabilities and expertise and enhancing the
capacity of the Technical Secretariat and the States
— further promoting engagement and interaction
Parties to prevent, respond to and mitigate misuse or
with the chemical industry and supporting the
attacks involving toxic chemicals, notably by:
Technical Secretariat’s efforts in that direction,
— considering additional quality and efficiency
— encouraging all States Parties to submit adequate
measures for the inspection process, such as
and timely declarations under Article X as required
appropriate increases in the flexibility and the
by the CWC and encouraging States Parties to
streamlining of the conduct of inspections,
increase offers of assistance,
— ensuring a Technical Secretariat capability for
— emphasising the importance of the Technical
effective sampling and analysis during industry
Secretariat retaining its capabilities and expertise
inspections;
as well as maintaining and further developing the
necessary preparedness to conduct investigations
(vi) continuous improvement of national implementation
of alleged use,
measures and recalling that full compliance with
Article VII is a vital factor for the present and future
efficiency of the CWC regime, including through:
— underlining the importance of continued OPCW
support for national protective programmes and
of enhancing the ability of the OPCW to mediate
— adopting a targeted and tailor-made approach in
offers of expertise and assistance,
encouraging and assisting States Parties which are
yet to adequately implement the CWC,
— encouraging the OPCW to assist States in building
— offering assistance to States Parties in need, as
capacity for preventing and mitigating terrorist
exemplified by the Joint Actions and Decisions
attacks using chemical weapons, inter alia,
adopted by the Council of the European Union
through advice on enhancing chemical safety and
in support of OPCW activities,
security,
— strengthening national export and import controls
— emphasising the importance of increased
which are required to prevent the acquisition of
cooperation with regional and subregional organi
chemical weapons, and improving the OPCW’s
sations, including by taking part in international
capability to assist with the establishment of
efforts to establish regional centres of excellence
national mechanisms for control of international
for assistance and protection, and considering
transfers,
combining this with efforts under Articles VII
and XI, in accordance with the decision on
— implementing appropriate measures to enhance
Article XI taken by the Sixteenth Session of the
chemical safety and security,
Conference of the States Parties,

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EN
20.11.2012 Official
Journal
of
the
European
Union L
321/71
— considering ways of enhancing the OPCW’s ability
purposes, including possible terrorist access to
to deal with conflict and post-conflict situations
materials, equipment and knowledge that could
involving chemical weapons,
be used in the development and production of
chemical weapons,
— requesting the Technical Secretariat to enhance its
cooperation with other relevant international
— underlining the need to work towards
organisations on emergency response to the use
strengthening global chemical safety and security
or threat of use of chemical weapons, including
and the national control of international transfers,
in conflict and post-conflict situations, especially
including assisting States Parties with the imple
with respect to cooperation with the UN in
mentation of practical and targeted measures
relation to investigation of possible use of
which at the same time could contribute to
chemical weapons;
enhancing cooperation with regard to peaceful
uses of chemistry and assistance and protection.
(ix) fostering international cooperation in accordance with
the CWC by:
Article 3
— welcoming concrete and practical proposals which
Action taken by the Union for the purposes of Article 2 shall
take account of existing initiatives, as exemplified
comprise:
by the Joint Actions and Decisions adopted by the
Council of the European Union, in particular
(a) where appropriate, demarches:
proposals concerning issues such as chemical
safety and security and the management of
chemicals, in accordance with the decision on
(i) with a view to promoting universal accession to the
Article XI taken by the Sixteenth Session of the
CWC;
Conference of the States Parties,
(ii) to promote effective national implementation of the
— encouraging the Technical Secretariat to assist
CWC by States Parties;
States Parties in implementing their national
obligations through tailored and sustainable
(iii) to urge States Parties to support and participate in an
technical assistance, in order to facilitate
effective and complete review of the CWC and thereby
enhanced international cooperation in the field of
reiterate their commitment to this fundamental inter
chemistry,
national norm against chemical weapons;
— encouraging the Technical Secretariat to work in
(iv) to promote the proposals in Article 2 which are aimed
collaboration with other organisations and to
at further strengthening the CWC;
evaluate its programmes to ensure that they have
the desired impact and that resources are maxi
mised;
(b) statements and working papers in the run-up to, and
during, the Third Review Conference for consideration by
(x) enhancement of the OPCW’s contribution to global
States Parties.
anti-terrorism efforts by:
Article 4
— continuing and intensifying work in the OPCW
This Decision shall enter into force on the date of its adoption.
Open-Ended Working Group on Terrorism,
— emphasising compliance with obligations under
Done at Brussels, 19 November 2012.
UN Security Council Resolution 1540 (2004) as
well as the other relevant UN Resolutions, in
particular to call for practical cooperation
For the Council
between the OPCW and relevant organisations
with the aim of eliminating the risk of chemical
The President
weapons being acquired or used for terrorist
C. ASHTON

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