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Chemical Weapons Convention (CWC)

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Appendix: Compilation of Statements

See also: CWC Report: Emerging From a Trial by Fire?, by Fiona Tregonning

Selected Statements, Seventh Session of the Conference of the States Parties (CSP) to the Chemical Weapons Convention (CWC), The Hague, Netherlands, October 7-11.

I. 'After a Trial by Fire': OPCW Director-General Rogelio Pfirter

Opening statement by the OPCW Director-General Rogelio Pfirter, October 7; OPCW document C-7/DG.4.

...

2. The last time I addressed this Conference, we were convened in a Special Session. At that time, you honoured me by appointing me to become Director-General of the Organisation for the Prohibition of Chemical Weapons.

3. We are here again, but this time, the occasion is not special or extraordinary in nature. This time, the Member States of the OPCW are meeting to deal with their ordinary business. We can say that, after a difficult time and after a trial by fire, the Organisation is now in the process of getting back on its feet.

4. For those delegations that attended the last session of the Executive Council, it will come as no surprise when I say that my intention is - and will continue to be - to concentrate on practical matters, given that on what I have simplistically described as philosophical levels we are in full agreement.

5. We all want to get rid of chemical weapons, and we want to do it as quickly and as effectively as possible. We all want to see to it that the verification mechanisms set in motion by the Convention and put into practice by our inspectorate functions well, to the satisfaction of the inspected States and the Member States as a whole. We all want to make sure that the benefits of international cooperation on the peaceful uses of chemistry, and assistance in cases of attacks with chemical weapons or the threat of use of chemical weapons reach all States.

6. The question, distinguished delegates and friends, is how to do this.

Remaining Questions in Relation to "Housekeeping"

7. A couple of weeks ago, I said that a number of things had been piling up for a long time and needed immediate attention. Consultations have, indeed, continued in the past few days, and even though we have not yet found a solution to questions which remain open in relation to personnel and finance, I have sensed the presence of enormous good will, and of a recognition that, in some cases at least, the absence of any solutions to some of these problems would place us in an impossible situation. Our efforts are continuing and, this time, we will have to deliver. Together, we can.

The Budget

8. Consultations have continued under the able, and I should say at this point, seasoned guidance of the facilitator from Germany, Mr Peter Beerwerth. During the process, participants have been able to narrow considerably the difficulties existing between them.

9. The first and most welcome conclusion is that the draft proposal we submitted to the Executive Council has, by and large, been taken as a good basis for our discussions. I have said this before, and I will say it again, that this is not the budget I would have tabled had I been involved in this exercise from the beginning, but this budget is based on past experience, and reflects the adjustments we deemed necessary and advisable.

10. My contribution to these discussions was marginal, and was aimed specifically at increasing the allocations for International Cooperation and Assistance. The overall percentage increase of 11.3% we originally proposed was considered by some Member States to be beyond their capabilities, and the ensuing consultations have allowed us to arrive at a single digit figure, which seems to embody a reasonable point of convergence.

11. What remains now is a final reading of the distribution of expenditures against programmes, bearing in mind the aspiration of a number of Member States to increase the sums to be devoted to ICA. My personal impression is that we are tantalisingly close to a compromise. With the necessary good will, I am confident that a formula will be agreed upon which will allow for a substantial increase in the chapter on International Cooperation, which is so crucial for many countries, while maintaining a balance with other operational programmes.

12. In the financial area, there are other important matters still under discussion, such as the Financial Regulations that we requested to be reviewed in order to give us the necessary flexibility to use cash surpluses for the prior year for a specific period. We are satisfied with the overwhelmingly favourable response we have received from the Member States which recognised the predicament we were in, and which have indicated their willingness to give the Technical Secretariat the capacity it needs to operate in a better manner. This being said, I acknowledge that a few Member States still need more time to work on a permanent "fix", having indicated their willingness to help facilitate the achievement of a solution for this year; it is essential to use the late 2001 Article IV and V reimbursements in 2003.

13. I urge you to continue working in this direction, and here I should also recognise the generous contribution which the delegation of the United Kingdom has made, specifically through Mr Geoff Cole, in his capacity as facilitator for Article IV and V matters.

14. Other consultations are currently under way, on such delicate matters as tenure or the Staff Regulations, and I look forward to your guidance on all these fronts, given that the time to act has finally come.

15. Once the Conference is over, it is my firm intention to make an overall assessment of the Organisation, five years after the entry into force of the Convention, to look into the concrete steps we can take to make our institution a better performing and more efficient institution.

16. In the past few days, some Member States have formally confirmed their intention to provide voluntary contributions to our budget. I would like to mention and recognise the recent announcement of the Government of the United States of America, stating that it will, in this regard, contribute 2 million US dollars. While recognising that these funds can in no way replace the regular OPCW budget, which is designed to fund our mandated tasks, such gestures of commitment must be underscored, as they are tangible proofs of support for both the Convention and the OPCW that cannot remain unacknowledged.

Verification

17. The destruction of chemical weapon stockpiles is ongoing. Possessor States have been making significant efforts to accelerate Category 1 CW destruction. As of 1 October 2002, approximately 7,050 metric tonnes of chemical agents (Category 1, Category 2, and binary component agents), or more than 10%, of the total stockpiles declared by four State Parties have already been destroyed under OPCW verification.

18. Two of the four, the United States and India, have met their obligations to destroy twenty percent of their declared chemical weapons stockpiles within five years' after the entry into force of the Convention. All States Parties which have declared Category 2 and 3 chemical weapons have fulfilled their obligation within the five-year timeframe established by the Convention.

19. The Russian Federation is very close to the day when the first kilogram of Category 1 chemical weapons will be destroyed at the brand-new destruction facility in the village of Gorny in the Saratov region. This is indeed promising.

20. At its last session, the Executive Council expressed the view that the Conference should call upon Russia to undertake all possible steps to ensure the implementation of the new schedule for destruction. It also called upon the States Parties supporting the Russian Federation to continue providing any assistance which would make this feasible.

21. Significant progress was achieved during the last EC session in other areas, as we approved one plan for verification of destruction which had been agreed between the Technical Secretariat and Russia, and five facility agreements with the United States regarding on-site inspections at chemical weapons destruction facilities. We are now working very closely with India to finalise the facility agreement in relation to the chemical weapons destruction facility in this State Party.

22. But that was not all, as seven destruction and conversion plans for the former chemical weapons destruction facilities were also approved, thus allowing for the beginning of the elimination of CW production capacity.

23. When it comes to verification, one should bear in mind that in this central activity, accuracy and cost efficiency should not be seen as mutually-exclusive principles. In this spirit and in cooperation with possessor States, we have initiated a process of dialogue and reflection, to explore ways of applying those cost-saving verification measures which might allow us to do more with fewer resources.

24. At the same time, we should bear in mind that verification has concentrated on monitoring the destruction of existing chemical weapons stockpiles, rather than on detecting illegal new production. More attention and resources should be devoted to monitoring the global chemical industry, and this must be done in full consultation with all interested parties, and in line with the provisions of the CWC.

25. The coming in line of new destruction facilities will considerably increase our workload in terms of inspections in the next few years. In view of this, we are already looking into the problem of finding new ways to keep our financial requirements to the minimum, whilst ensuring the degree of reliability that Member States are entitled to expect at all times from the Technical Secretariat. More automation, if introduced, should not lead to inferior verification.

26. International Cooperation is an area of the highest political and practical relevance to the objectives of the Convention. In my presentation before the Council last month, I had an opportunity to refer to this issue, and today I wish to reiterate my profound conviction that ours is a Convention for all countries, both big and small, which are concerned about, and are committed to, chemical disarmament, and which are thus entitled to benefit from cooperation activities and from the international assistance provided for in the Convention. In fact, the issues pertaining to ICA lie at the very heart of these consultations, which will, hopefully, lead to an agreed budget.

27. We are continuing with our plan of activities, in spite of our past financial difficulties. I would like to mention a few examples: the Fourth Annual Meeting of National Authorities [NA] has recently concluded. Over 80 NAs were represented in that meeting, and more than 125 bilateral consultations took place on specific practical issues related to the work being carried out in States Parties.

28. The process of regional consultations of National Authorities is consolidating, and is even expanding. Important implementation support projects will take place before the end of the year. The government of Spain has generously come forward with an offer to organise a meeting next November to discuss the tracking and reporting of scheduled chemicals. We are finally moving ahead with a Latin American seminar, to be hosted by Mexico. The programme of action for Africa is an initiative we intend to pursue vigorously. The Associate Programme has gone from strength to strength since its creation. If the draft budget is approved, we intend to double the vacancies available in that project, so as to extend its benefits to more professionals from Member States.

29. Timely assistance under Article X is an obligation which requires the contribution of Member States willing to play an active part in this central aspect of the Convention. At the same time, the Technical Secretariat needs to acquire the relevant and specific skills.

30. These things cannot be improvised.

31. From 10 to 14 September, our first exercise, ASSISTEX 1, took place in Zadar, Croatia. Nearly a thousand people participated in an initiative that brought together the Technical Secretariat and the following Member States: Austria, Croatia, the Czech Republic, Estonia, France, Iran, Lithuania, Poland, the Slovak Republic, Sweden, Switzerland, and the United Kingdom.

32. We will continue in this spirit, inviting other interested international organisations to participate in these efforts, given that the preparedness to face the consequences of an attack with CW is an imperative we cannot elude.

External Relations

33. We have a number of activities which are being prepared and which are aimed at increasing the membership of the Organisation in all regions.

34. Africa is an area of priority and a current focus of our efforts. With the help of the African delegations represented in The Hague and Brussels, we are already in consultation with the Secretariat of the African Union to make sure that we craft a programme of action that meets the requirements and priorities of the States concerned, and which takes into account their unique perspectives.

35. South East Asia and Latin America and the Caribbean will continue to be the focus of our attention in the near future, as we fulfil our programme for the next year.

36. We are beginning to see the results of our efforts in relation to outreach and promotion of the Convention. Since June 2001, four more States have joined the OPCW family of nations. I am pleased to welcome Nauru, Saint Vincent and the Grenadines, Samoa, and Uganda.

37. Universality is not simply an aspiration, or a goal to be achieved for its own sake. In our case, it is an imperative emanating from the very nature of the Chemical Weapons Convention itself, a non-discriminatory agreement on a matter of global concern.

38. This is why we shall continue our efforts, and we will need the full support of Member States, both of those States which have already come forward, and other States which will surely come around to assisting us in our efforts to make the CWC a dynamic and indispensable instrument of international peace and security.

39. Slowly but surely, the OPCW is getting back on track. Even though I have been here for a very short time, I hope you will know by now that, in my view, ours is a joint enterprise, one in which you, the Member States, are the owners, and we at the Technical Secretariat discharge the mandate given to us in the most optimal manner possible. At all times, we strive to work with efficiency, in consultation, and in a fully transparent manner.

40. I will always be available to Member States, and I will always keep it that way.

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II. 'A Unique and Important Role': UN Secretary-General Kofi Annan

'Vigilance, renewed commitment to full implementation of Chemical Weapons Convention "more necessary than ever", Secretary-General says', UN Press Release SG/SM/8422, October 7.

Note: the Secretary-General's message was delivered to delegates by UN Deputy Secretary-General Enrique Roman-Morey, Director of the Geneva Branch of the UN Department for Disarmament Affairs.

It gives me great pleasure to send my greetings to the seventh session of the Conference of the States Parties to the Chemical Weapons Convention. This year marks the fifth anniversary of the entry into force of the Convention. This session provides an opportunity for reflection in advance of the Convention's first review conference, to be convened from 28 April to 9 May 2003.

Progress continues to be made in the destruction of declared chemical weapons and in the destruction and conversion of chemical weapons production facilities. The Convention continues to be instrumental in prohibiting the development, production, stockpiling and use of chemical weapons, not least by the adherence of additional countries to it. The Convention now has 146 States parties, and another 19 countries have signed.

Such progress notwithstanding, vigilance and a renewed commitment to the full implementation of the Chemical Weapons Convention are more necessary than ever. The terrorist acts of 11 September 2001 in the United States raised new alarms and awareness in all of us, as we imagined what would have happened had weapons of mass destruction been used. We must continue to work towards the universality of the Convention, towards the total destruction of chemical weapons stockpiles, and for a world in which cooperation in the peaceful uses of chemistry is fostered. Let me therefore urge those States that have not yet ratified or acceded to the Convention to do so without delay.

Let me also urge States parties to continue to extend their full cooperation to the work of the Organization for the Prohibition of Chemical Weapons (OPCW), not least by providing it with the necessary resources for its effective functioning. I also wish to extend my strong support for the OPCW under the able leadership of Director-General Rogelio Pfirter.

In a world of complex challenges to international peace and security, the Chemical Weapons Convention has a unique and important role to play. I wish you all a productive session as you discuss how best to fulfil that vital mandate.

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III. 'Making a Difference': Australia

'Making a Difference: What the OPCW Can and Should Deliver', Statement by Ambassador Peter Hussin, Head of the Australian Delegation, October 8; unofficial document.

... The OPCW has faced a difficult period since the last Conference of States Parties and will also need to address a number of significant challenges in the coming year. Australia welcomes Ambassador Rogelio Pfirter's recent assumption of duty as Director-General and offers its full support to him in meeting these challenges. We recognise that responsibility for success does not lie with the Director-General alone but will require a collaborative effort by all states parties and the Technical Secretariat in focusing on the core issues.

A primary responsibility for this Conference is to agree on a practical and effective Program and Budget for 2003. The Director-General has provided his input into the achievement of this goal through the presentation of a comprehensive draft clearly setting out proposed expenditures under eight program headings, highlighting specific priorities and key planning parameters. Australia welcomes the open and transparent way in which the Technical Secretariat has contributed to the budget consultations this year. This greatly assists states parties and promotes our trust in the Director-General's stewardship of our resources.

The Director-General has called for a significant increase in the 2003 budget relative to that approved in 2002. Australia is consistent in urging international organisations to live within their means by stringent budget policy and reaping available savings. At the same time, Australia believes that the OPCW needs to be provided with adequate resources to be able to carry out its functions effectively. We are aware that the verification demands on the Organisation...will increase next year and will continue to rise in the future with the number of operating CW destruction facilities expected to double between 2003 and 2005, from 6 to 12. We also recognise that the OPCW has experienced significant financial difficulties in the past, for a number of reasons, and needs to be able to put these problems behind it. Accordingly, Australia stands ready to support any consensus to deliver the additional resources required for 2003.

Support for greater funding cannot be taken as a "blank cheque"... We must also ensure that the OPCW makes the most effective use of the resources we give it... Australia is pleased that the Technical Secretariat appears committed to doing this. We especially welcome the efforts taken to refocus the Article VI industry inspection program in the light of the valuable experience gained in its implementation over the past five years. The proposed inspection intensities for the different categories of industrial sites are fully in accordance with the CWC requirements, and finally lift inspections of PCF/DOC plants above, if only very slightly above, negligible levels.

Australia supports the important work undertaken by the OPCW under the International Cooperation and Assistance Program. This year Australia contributed to and participated in the Pacific Regional CW Workshop in Nadi, Fiji... We welcome Samoa's decision to ratify the CWC. We are pleased to observe that the Director-General has proposed a substantial increase in the ICA program and can support that increase. However, in this area just as in others, we are concerned to ensure that available resources are used most effectively. One specific issue that Australia would like addressed is to ensure that, similar to other international organisations, states parties should be able to have secure access via the internet to the database of OPCW documentation. This measure would be particularly welcomed by those smaller states parties not represented here in The Hague, such as the participants in the Pacific Workshop.

As well as agreeing the Program and Budget, it is our responsibility to ensure that the Director-General is in a position to be able to implement it. In 2001 and 2002, the approved Program was truncated because the Director-General could not be confident that the OPCW would remain solvent. Severe structural limitations are imposed on the Organisation's liquidity by the operation of the Articles IV and V inspection regime. For the OPCW to be able to function properly in this environment, we must either seek to ease the structural limitations or else in some way provide the Director-General with more working capital. Australia appreciates the issues involved and accepts that they need to be addressed in practical ways. We promote adoption of carefully considered reforms of the existing financial regulations and practices.

Another key responsibility for this Conference is to make a decision relating to the outstanding request by one possessor state party to extend the destruction deadlines that it is obligated to meet under the CWC. We note that this request has been submitted in accordance with the Convention and expect that the Conference will consider it in that context. Australia, in the Southern Hemisphere, is at some distance from all possessor states parties. We are also not, as we appreciate some states parties are, contributing directly to CW destruction programs. Nevertheless, we have an interest in ensuring that declared CW stockpiles are destroyed in a timely fashion and that CW possessor states parties meet faithfully their obligations to do so under the CWC in a fully transparent manner that provides confidence to other states parties. This is a fundamental element of the Convention.

Australia has felt a certain frustration at the slow pace of decision-making in relation to outstanding industry issues. We remain concerned that - despite the dedicated efforts of two coordinators and the different facilitators over the period since the last Conference of States Parties - there are still too many areas in which the taking of decisions appears to be beyond our collective ability. We urge all parties to redouble their efforts to achieve resolution of outstanding industry issues, in particular extending the application of the boundaries of production decision to include Schedule 3 chemicals and agreement on low concentration limits for Schedule 2A and 2A* chemicals...

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IV. 'Falling Short of its Commitments': Brazil

Statement by the delegation of Brazil, October 7; unofficial document.

...

This session of the Conference is of particular importance in the present circumstances. Multilateralism in the area of international security and weapons of mass destruction has faced new challenges. Changes have taken place. The OPCW itself has not remained immune. Let us hope that those changes do not alter the positive course that the chemical weapons regime has been taking until recently. Brazil renews its commitment to keep contributing to the success of the Chemical Weapons Convention. ...

The CWC is, in our view, a well-crafted instrument, which should be seen as a model for initiatives in other areas. The CWC is a non-discriminatory treaty. It provides convincing, impartial and legitimate means for verifying compliance. It addresses disarmament, non-proliferation and international cooperation in balanced terms. It is a treaty vowed to universality.

To translate the CWC in[to] real security and development dividends for the international community, it is imperative that we implement the Convention in a non-discriminatory, full and effective manner.

In Brazil, the implementation of the CWC has been exemplary. ...

As far as disarmament is concerned, the partial results of destruction of all three categories of chemical weapons in the United States and India are very promising. The partial results obtained by Russia and another state party in the destruction of Category 3 are also to be commended. The efforts by the Secretariat to fully deliver the disarmament program of the OPCW in 2001 is commendable, despite the financial crisis of the Organisation.

Nonetheless, large stockpiles of chemical weapons remain undestroyed. The existence of these stockpiles, as well as of other weapons of mass destruction - nuclear and biological - is a serious threat to international peace and security. This threat has been aggravated by [the] action of terrorists. It is imperative that the political organs of the OPCW give top priority to ridding the world of all existing chemical weapons.

Thanks to successful demarches by the Secretariat in the last two years, the rate of compliance by states parties with their declaration obligations is almost maximum.

The non-proliferation regime of the CW is legitimate because it has been agreed upon and is accepted by all states parties. It is geographically comprehensive... It does not need to be complemented, allegedly because it has not been working properly, by restricted and plurilateral arrangements. Yet, because of a lack of political will by states parties, states parties apply somewhat different parameters to declarations of transfers. Bilateral consultations between parties are a useful provisional tool to clarify discrepancies, but cannot replace the necessary decision to set clear and common parameters. In the present circumstances, the Secretariat cannot, given discrepancies caused by many different factors, identify, as it is supposed to, those discrepancies which could be related to activities prohibited under the CWC. In the present situation, the non-proliferation regime of [the] CWC falls short of its objectives.

It is also necessary that all states parties respect the provisions regarding prohibitions and restrictions on transfers to non-states parties. Commercial interests may well conflict with some provisions of the CWC - yet commercial interests should not overrule security concerns of states parties.

Industrial verification has had satisfactory results. The cooperation of the chemical industry worldwide has been essential to that. We must, however, avoid confrontations between the inspected state party and the inspection team. We must not accept any change in the verification regime, legal or practical, that might hamper the principle of equitable geographic distribution of inspections. The effect of the financial crisis of the OPCW in 2001 on industry verification is regretful. ...

Brazil believes that the Convention provisions need to be clear and apply to all states parties [in] the exact same way. I refer specifically to issues relating to rights of access of the inspection team. We urge the Secretariat and interested states parties to find in a timely manner common interpretation of the provisions of the Convention. Whenever interested parties do not agree on a common interpretation, it is up to the Executive Council to find an appropriate solution for the issue.

At the same time, the number of inspection files which remain open is worrisome. In case no solution is found, and uncertainties remain, the open issues should be taken to the appropriate organs of the Organisation. The CWC is a security treaty. Whenever doubts arise, states parties expect to be appropriately informed by the Secretariat...

The agreement between the United Nations and the OPCW, celebrated in 2001, represents the full insertion of the OPCW in[to] the system of international peace and security. ...

As I have already pointed out, the financial crisis has affected many priority activities of our Organisation. Until last April, states parties had been expressing different views as to the causes of the financial crisis. It is clear that the recurrent delays in payments of major contributions were decisive. It is also clear that the Organisation was underfunded. Yet the Conference, in previous sessions, did not authorise the increase in budget that the Secretariat pointed out was necessary. Since last April, the Secretariat has just continued to emphasise that the Organisation is underfunded and that contributions need to be paid on time. There now seems to be consensus among states parties both that the Organisation needs additional funding and that contributions need to be paid on time. The problem of this Organisation is thus not a problem of management or mismanagement, but one of lack of funds.

Notwithstanding the decision to increase contributions, states parties need still to find a solution to the problem of "fictitious income". The method that the budget of the OPCW is built upon is incorrect from an accounting point of view and unfair from a political point of view. It is no longer acceptable that all states parties - the vast majority...being non-chemical weapons possessors - keep making resources available for the monitoring of destruction of chemical weapons without any assurance that these resources will be reimbursed...

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V. 'The Crisis Has Been Overcome': European Union

Mr. Niels Erik D. Jensen, Permanent Representative of Denmark to the OPCW, statement on behalf of the EU and Associated States, October 7; unofficial document.

... The past year has been a difficult time for the Organisation and for the verification regime. The European Union believes that we must now look forward and direct our full attention to [a] return to normalcy. We therefore appreciate and support the will expressed by the new DG to enhance efficient cooperation between the Technical Secretariat and the states parties based on openness and transparency. We also support the DG in his endeavours to manage the Organisation effectively. The EU agrees with the Director-General that some decisions have to be taken as a matter of urgency on staff matters. ...

We are...confident that an adequate budget for 2002 can be adopted by this Conference. However, in this process it has become obvious to everybody that delivery of the programme in full and on time is dependent upon not only the adoption of an adequate budget but also on tackling the structural budgetary problems so as to improve the predictability of income. In this context we are pleased to note that there is a general recognition that improvements and amendments are needed. ...

Destruction of chemical weapons is the major objective of the CWC... The European Union attaches the greatest importance to the destruction commitment, and expresses the firm hope that all declared possessor states will strive to their utmost to meet their obligations... That said, we are aware of the economic burden involved and the technical difficulties that can and do arise. The European Union and several of its member states have made a significant contribution to this effort in the Russian Federation.

The European Union remains determined to do all it can to resolve the issue of the request of the Russian Federation for extension of the deadlines in a constructive spirit, while keeping in mind at all times the legal implications and the practical considerations at hand. This is an important issue related to the backbone of the Convention...

The European Union appreciates the steps, budgetary and administrative, undertaken by the Russian Federation to put in place the destruction process, and welcomes the efforts of the Russian authorities in their thorough review of the old programme. The new version of the destruction plan by the Russian Government is an important document, and we have taken note of the Russian commitment it contains towards the international community. The destruction of Category 1 chemical weapons in the Russian Federation has not yet commenced, and we look forward to the beginning of it in the facility of Gorny, where European Union support has been substantial.

After careful consideration, the European Union is of the opinion that at this point in time only a step-by-step approach on the extension of the intermediate deadlines is possible. The Conference should therefore focus on the modification of the intermediate destruction deadlines.

The declarations and inspections under Article VI of the Convention constitute an important contribution to transparency, confidence-building...and non-proliferation... We are therefore pleased that a solution has been achieved with regard to the rules for declaring Aggregate National Data (AND). Common declaration criteria...have been developed and shall be used by all states parties in a harmonised manner.

The other industrial issues, including [the] declaration threshold for low concentrations of Schedule 2A and 2A* are still under consideration. The European Union notes the observation by the Technical Secretariat that less than 2% of DOC facilities have been inspected and that, of those inspected, a certain number have potential for Schedule 1 production. We also note the proposal made by the Secretariat that change is desirable in respect to the pattern of Article VI inspection activity. The European Union supports an approach to Article VI inspections based upon the capabilities of facilities. As regards inspection of OCPFs, past practice produced a situation where, taking account of the large volume of declared facilities, the likelihood of receiving an inspection at a particular facility was considerably less than 1%. This does not, in the view of the European Union, represent a credible means to achieve this aspect of the object and purpose of the Convention.

The European Union recognises the importance of activities concerning International Cooperation and Assistance, as well as administrative and technical support to National Authorities and implementation assistance. ... The European Union in principle favours maximising the level of activities in the ICA programme, consistent with the need to provide adequate resources for the highest priorities for the Convention and for appropriate discipline in budgetary demands, and also consistent with the capacity of the Technical Secretariat and the states concerned to absorb effective and cost-efficient assistance.

Universality is a fundamental objective related to the functioning and objectives of the CWC. ... The European Union welcomes the proposal of the Director-General to come up with a plan of action for Africa. However, a number of states remain outside the CWC, largely concentrated in the Middle East, East Asia, parts of Africa, and the Caribbean. The Presidency of the European Union is currently in the process of making demarches in all the concerned capitals to promote the goal of universality. As soon as the demarches have been completed and the results compiled, the Union will inform the Organisation. We must spare no effort in bringing these states into our fold.

The first Review Conference is approaching rapidly. It will give us...the opportunity for a thorough examination of the implementation and the progress of the Convention. This examination should be based on the experience gained since 1997. That said, clearly the Review Conference is not an Amendment Conference and is, consequently, not the place to consider amendments to the text of the Convention. The preparatory work has commenced but needs to be accelerated due to the limited time available before the Conference begins in April 2003.

The OPCW has seen difficult times this year, but we are convinced that the crisis has been overcome... We are therefore pleased to note the substantial progress made during the 30th Executive Council on important matters such as conversions of chemical weapons production facilities for purposes not prohibited under the CWC, facility agreements, and...AND. The European Union should like to express the hope that this positive trend of concrete results is setting the pattern for the future work of the OPCW.

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VI. 'Progress Has Been Unacceptably Slow': India

Statement by Ambassador Shyamala B. Cowsik, Head of Indian Delegation, October 7; unofficial document.

... [M]y delegation would like to reaffirm India's commitment to the comprehensive and effective implementation of the Chemical Weapons Convention. India has fulfilled, and in fact exceeded, its chemical weapons destruction programme in a planned, sustained and systematic manner. ...

[C]oming to the lifeblood of any organisation, its finances, we have reached a crucial stage in the negotiations for the OPCW budget for the year 2003... All of us, including my delegation, recognise the need to provide the organisation with adequate funding for its smooth functioning... Even though my delegation was initially taken by surprise by the TS proposals, we are nevertheless willing to consider significant but realistic budgetary increases, as also various positive and imaginative measures outside the budget to help meet the genuine requirements of our organisation. ... The final budgetary allocations need to be made keeping in mind the priorities and the requirements of all the states parties, so that the funding for the core operational activities, namely verification and international cooperation, is done in a balanced and transparent manner.

In this context, I would like...to highlight an area of interest to us all, that of chemical industry issues, especially chemical industry inspections. The whole process of working out the best possible options in this area is quite complex, which is evidently why there are major issues that have been under discussion since before the EIF of the Convention, [and] which still need detailed examination. In our deliberations on this subject, as in all other aspects of our work, we have to be guided and regulated solely by the Convention. And the CWC is absolutely clear as regards the hierarchy of tasks posed to the object and purpose of the Convention by the individual items in the Schedule of Chemicals, namely Schedule 1, 2 and 3 chemicals, and by the DOC/PSFs. It follows, therefore, that the inter se priority for the inspection and re-inspection of these facilities, which has been determined by the hierarchy of risks established by the CWC, cannot be arbitrarily altered. ...

[M]y delegation was [therefore] surprised and perturbed to see the drastic changes introduced in this respect in the revised 2003 budget proposals of May 31, 2002. We have serious objections regarding these on points of principle as well as of substance. On principle, because the changes proposed - sharply reducing the total number of inspections of Schedule 1, 2, and 3 facilities proposed for 2003 and 2004 as compared to the figure for 2002, while sharply increasing the number of inspections for DOC/PSF - amount to not merely a major policy shift but a reinterpretation of the Convention. On substance, because these proposed changes seem to undermine the very fundamentals of the operationalisation of Article VI. Most important, these proposals have not been discussed by the states parties, as they should have been, with any changes being contemplated only on the basis of consensus decisions by the policy-making organs.

Mr. Chairman, international cooperation is, along with verification, one of the two key operational elements of the Convention. ... However, the role of ICA in ensuring the comprehensiveness and, equally important, promoting the universality of the CWC is hardly reflected in the figure of 6% allocated to it in the budget. During the ongoing budget negotiations, the developing countries have, in a spirit of compromise, agreed to scale down the 8% of the budget originally sought for ICA to 7%. We hope other delegations will show a matching flexibility, so that this compromise proposal achieves consensus.

In this context, we have taken note of the recent African Union decision on the implementation and universality of the CWC, and support their request for technical assistance from the OPCW, which could most appropriately be provided under Article XI, in particular para 2(c). We have also noted the points made by...the Ambassador of France...regarding the need for ICA programmes to be focused, practical, relevant and realistic. While this is undoubtedly well taken, and even if the ICA programmes undertaken in the past did not measure up to these standards, it surely does not mean that, given the requisite funding, commitment, imaginativeness and initiative, we cannot work out a set of ICA programmes that will fully meet the needs of all the interested states parties and restore the position of the ICA as one of the pillars of the CWC.

It is also a matter of concern...that the draft resolution on the implementation of Article XI has not been finalised even after prolonged discussions. We hope that progress will be made at this CSP. The Convention has provided a clear mandate for the implementation of Article XI, which is a key pillar of the CWC, on a par with the mandate it provides regarding any of the other pillars of the Convention.

In the context of promoting international cooperation...attention must also be drawn...to the continued existence of unilateral, ad hoc export control and technology denial regimes operating outside the OPCW and in violation of the CWC, which are clearly targeted against states parties that have assumed all the obligations of the Convention without reservation. Such regimes also militate against the effective implementation of Article XI, and have no place in the cooperative, transparent and verifiable regime that the Convention envisages.

India...has continued to work closely with the TS to settle our Article IV and V costs. ... India is not in a position, given our legal and financial regulations, to agree to any form of advance payments. We would, however, not object to those willing and able to do so agreeing to voluntarily make advance payments.

The Financial Regulations and Staff Rules need to be looked at...but in a comprehensive manner and not in an ad hoc fashion... They need to be amended for the purpose of the smooth functioning of the Organisation, but this should be done in a transparent manner, with the participation of all regional groups at all stages. ...

India looks forward to a successful Review Conference... We expect the Conference to thoroughly discuss and review the entire range of operations of the OPCW, and to come up with proposals that would increase the effectiveness of the Organisation. We do not see the Conference as the proper forum for seeking any amendment to the Convention. The draft Final Declaration, which will be one of the several final documents...finalised at the Conference, will no doubt list the priorities acceptable to all the states parties. ...

We...have a collective responsibility to help eliminate the scourge of terrorism. Within the context of the Chemical Weapons Convention, we must resolutely reaffirm our determination to prevent terrorists from gaining access to chemical weapons and toxic substances. ... While doing so, we must ensure that our efforts in this direction are guided solely by the provisions of the Convention. ...

In its relatively brief existence, the OPCW has notched up commendable successes, particularly in the field of verification. The Technical Secretariat...has performed with dedication and a sense of purpose... There are, however, as is being widely recognised by now, many areas, like international cooperation, and protection and assistance, where progress has been unacceptably slow, and there is an urgent need to correct this imbalance in the activities of the OPCW. India is confident that under the able guidance of the Director-General, Ambassador Pfirter, who has repeatedly underlined the importance he personally attaches to this last point, the TS will emerge as a truly impartial body, determined to further all the objectives of the Convention. We are also sure that the functioning of the TS will be transparent, and that there will [be] close and effective cooperation between the TS and all the member states in the pursuit of our common goals...

[W]ith the global account of chemical weapons and CW production facilities diminishing steadily, the focus of the OPCW would invariably have to shift to other areas of the Convention, including continuing inspections of [relevant] industrial facilities... Greater emphasis would need to be given to building up national and regional capacities in the event of a chemical weapons attack on a member state. Finally, as noted earlier, the one area that, logically and most appropriately, would need the greatest attention is international cooperation. In a world that will be, hopefully, free of chemical weapons, we, the member states, will have to focus much more on promoting the peaceful uses of chemistry, providing free and unfettered access, for all member states, to chemicals, equipment and technology for purposes not prohibited under the CWC, and using international cooperation to usher in the dawn of a better day for all humanity. We hope that the other member states, too, share this vision.

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VII. 'Unprecedented Challenges': Pakistan

Statement by Ambassador Mustafa Kamal Kazi, Head of Pakistan Delegation, October 7; unofficial document.

...

5. During the past year, our Organization travelled a great distance and successfully surmounted unprecedented challenges... We were able to move forward with success because all states parties acted with unity of purpose. We not only strived for a consensus but achieved it in determining our course of action on crucial issues which threatened this Organisation's very survival. The unanimous election of Ambassador Rogelio Pfirter as our new Director-General demonstrated common desire of all states parties to reinvigorate [the] cooperative spirit on which this Organization was founded.

6. In the short period since his appointment...Ambassador Rogelio Pfirter has made remarkable progress in imparting [a] much needed healing touch to our Organisation and restoring its credibility. ...

11. Continued shortfall in budgetary allocations in the past resulted in some reductions in the programme of work. My delegation, therefore, recognises the need for a reasonable increase in the budget for year 2003... In their consultations on the subject, all states parties have agreed on an 9.9% increase in the budget over the preceding year's allocation. However, my delegation is dismayed at the low priority accorded to budgetary provisions for international cooperation.

12. We had expected that the acknowledgement by all states parties that international cooperation constitutes one of the vital pillars of [the] Chemical Weapons Convention would be translated into adequate funding... We, therefore, urge all states parties, as well as the Technical Secretariat, to work earnestly towards finding ways and means to provide [a] minimum 7% increase in funding for [the] programme and activities under the head of international cooperation.

13. My delegation is concerned at the worrisome trends towards watering down [the] Schedule 1, 2 and 3 industry verification regime which is an essential non-proliferation pillar of the Convention. In our view, the Technical Secretariat is not competent to narrow down the scope of inspection activities related to Schedule 1, 2 and 3 facilities by abruptly reducing the number of inspections in these categories and dramatically increasing the number of inspections in the DOC facilities merely through a proposal for budgetary allocations for the year 2003. Such changes represent a major shift in policy which is beyond the scope of a budgetary document. It is an issue which needs to be examined and decided separately by the policy-making organs of our Organisation.

14. The Technical Secretariat should, therefore, proceed with industry verification activities on the basis of the existing mandate which accords higher priority to Schedule 1, 2 and 3 facilities in the interest of [a] non-discriminatory and even-handed approach. We should bear in mind that the very survival of the Chemical Weapons Convention depends on the concept of fair application of the verification regime.

15. Verifiable destruction of chemical weapons is the paramount obligation of all states parties possessing such weapons. It has now become obvious that destruction of chemical weapons within the time frame prescribed in the Convention is not feasible. ... My delegation has noted the proposal made by the Russian Federation in this regard and we hope that we will deal with this important issue with prudence and caution. We welcome [the] new chemical weapons destruction plan submitted by the Russian Federation.

16. My delegation wishes to emphasise that the credibility and effectiveness of the Convention depends on [the] non-discriminatory and faithful implementation of all its provisions. Article XI of the CWC assures the states parties that their economic and technical developments for peaceful purposes would not be hampered if they implement their obligations under the Convention. Indeed, international cooperation in chemical trade and technology for peaceful purposes was a compelling incentive for [the] majority of states to join the Convention. Failure to meet these commitments would impair the integrity and relevance of the Convention. We hope this body would soon be able to evolve a viable mechanism to ensure effective implementation of Article XI. It goes without saying that quality and quantity of the programmes under Article X and XI are key incentives for achieving universality of the Convention.

17. My delegation would like to stress the importance of [the] removal of unilateral restrictions on trade in chemicals, equipment and technology transfers. We feel that it is obligatory upon states parties who are well advanced in the field of [the] chemical industry to honour their commitments in regard to peaceful civilian technology, equipment and materials in the field of chemistry.

18. The credibility of [the] CWC depends on the fulfilment of the assurances given to the developing countries on behalf of the Australia Group to facilitate exchanges in the field of chemical activities for purposes not prohibited under the Convention.

19. This Conference will be addressing [a] formidable array of complex issues. With the spirit of cooperation and flexibility which has often guided our deliberations, we hope, we will be able to resolve these issues, keeping in view respect for the principles of multilateralism. My delegation thanks the government of the United States of America for the voluntary contribution amounting to US$2 million to the OPCW. This reflects the sincerity and abiding commitment of an important member state to the OPCW...

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VIII. 'Much Work to Be Done': United States

'Ambassador Eric M. Javits, United States Delegation, Remarks to Seventh Conference of the States Parties of the OPCW, The Hague, The Netherlands, October 7, 2002', US State Department, http://www.state.gov.

The meeting of the Conference of the States Parties is always an important occasion. It is the opportunity for all of us, the members of the Organization for the Prohibition of Chemical Weapons, to review and assess what we have accomplished - or not accomplished - in the preceding months. Perhaps even more importantly, it is an excellent opportunity to launch the coming year's work and to direct the organization, by approving the program and budget.

This year has been, to say the least, unusual. This body met for the first time in Special Session, in April and again in July, to address probably the most difficult issue an international organization can face. The Conference's decision to dismiss the then-Director-General of the Technical Secretariat was a difficult one. No one was happy about it, but the Conference agreed overwhelmingly that it was a necessary step for the future health and well-being of our Organization.

The appointment of the new Director-General was naturally a more positive event, and it is my government's strong view that Ambassador Pfirter has already taken very important steps to reform the Technical Secretariat, and put the Organization as a whole, on the right path. We congratulate the Director-General on his work so far, and encourage him to continue his efforts to reform the Technical Secretariat.

We have been impressed by the Director-General's efforts to breathe new life into the Technical Secretariat - and equally impressed by his efforts to build a new, constructive relationship with the Member States. Clearly, however, there is much work to be done to put the OPCW house in order, and the Director-General can only succeed in doing so, in concert with the OPCW governing bodies and with the strong support of States Parties.

I was pleased to hear Director-General Pfirter express appreciation for the United States demonstration of its support for the OPCW by providing a voluntary contribution of $2 million. This money will be used, as needed, to maintain budgeted levels of inspection activity; to assist the Director-General in improving the management, functioning, and efficiency of the Technical Secretariat, and for international cooperation activities to help States Parties implement the Convention; among other things.

This money is intended to assist the Organization in meeting urgent needs. It is not a substitute for an adequate budget, but a complement to one. That said, we believe such contributions play a vital role in the life of an international organization, and we encourage others to consider similar contributions. For those who have already done so, we tender our thanks and appreciation.

Partly as a result of the Director-General's leadership abilities, a new spirit and improved morale within the Organization was clearly evident at the September Session of the Executive Council. The Council was able to take decisions on an impressive number of issues that had been before it for as long as a year. The Council meeting that began last Thursday, October 3, and will resume during this week, has not reached decisions on all of the issues before it. Nonetheless, this meeting of the Council already has resolved some significant matters that had been on the Council's agenda for quite some time.

This has been, in our view, the result of a strengthened spirit of cooperation among the States Parties, and of more effective collaboration between States Parties and the Technical Secretariat. I can assure you Mr. Chairman that you will have the full support of the US Delegation at this Conference.

However, there are also issues of vital importance on which the Executive Council has not been able to make a recommendation to the Conference. These issues will require intensive work in the coming days. The distinguished head of delegation of the Russian Federation already has highlighted an issue that will be at the forefront of our collective attention: his country's request for extensions of the deadlines for destruction of its Category I chemical weapon stockpiles. I agree completely that this is a vital matter for our Organization.

The distinguished representative of the European Union has also just addressed this important issue. Mr. Chairman, the United States supports a step by step approach and separate review of each of the treaty deadlines. States Parties must be satisfied that each request for additional time is warranted. States Parties must also be assured that the extended deadline is achievable. The United States believes that agreement can be reached at this Conference on the Russian request for an extension of the one-percent deadline. We are also prepared to continue to work with the Russian Federation and others to perhaps find a way ahead on the request for an extension to the 20% deadline.

Another crucial matter that has been remanded to the Conference is the Organization's Program of Work and Budget for 2003. A great deal of work has been done and I am confident that solutions can be found to the questions that remain open. A budget that reflects, in a balanced and practical way, the needs of all Member States and the requirements of the Organization is certainly within our grasp.

There is one more issue I would like to address this morning, Mr. Chairman. That is the upcoming Review Conference, the next major event on the OPCW calendar. I would like to thank Ambassador Daverede of Argentina for all his hard work this year. Preparations for the Review Conference are well in hand and headed in the right direction. It is the view of the United States that the Review Conference should reaffirm the value of the Chemical Weapons Convention and the obligation of States Parties to comply with its provisions. The United States will be developing national papers for the Review Conference, and we look forward to working with Ambassador Daverede during the run-up to the Conference.

In closing, I will reiterate a point that other US representatives have made in recent times to the Executive Council: the OPCW has the opportunity to make a fresh start. Indeed, it has already taken some important and energetic steps in the right direction. We trust that the Conference of the States Parties, the policy-making organ of the Organization, will confirm and give added impetus to that fresh start.

Mr. Chairman, Mr. Director-General, staff of the Technical Secretariat, Chairman of the Executive Council, and Distinguished Representatives, it has been an honor to address you today. The United States delegation, and I personally, look forward to working with you in the coming days, as we address the many complex and important issues on our agenda as we strive to reach the common goal of a world without chemical weapons.

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© 2002 The Acronym Institute.