EU Statement in Subsidiary Body 2 on Fissile Materials Cut-off Treaty, Conference on Disarmament

Mr. Coordinator,

I have the honour to speak on behalf of the European Union and its Member states.

The Candidate Countries Turkey, the Republic of North Macedonia*, Montenegro* and Albania*, the country of the Stabilisation and Association Process and potential candidate Bosnia and Herzegovina, as well as Ukraine, the Republic of Moldova and Georgia align themselves with this statement.

We enter the 78th day of the horrendous Russian military aggression in Ukraine. The EU and its MS’ express full solidarity with Ukraine and the Ukrainian people. The EU condemns in the strongest possible terms Russia’s unprovoked and unjustified military aggression against Ukraine, which grossly violates international law and the UN Charter, and undermines international peace and security. The EU demands that Russia immediately cease its military actions, withdraw all its troops from the entire territory of Ukraine and fully respect Ukraine’s territorial integrity, sovereignty and independence within its internationally recognised borders and abide by UN General Assembly resolution titled “Aggression against Ukraine” supported by 141 states at the 11th emergency special session. The EU resolutely supports Ukraine’s inherent right of self-defence and the Ukrainian armed forces’ efforts to defend Ukraine’s territorial integrity and population in accordance with Article 51 of the UN Charter. At all times Russia must respect its responsibilities under international humanitarian law. Russia also must stop its disinformation campaign and cyber-attacks. Russia’s irresponsible threats and allegations with regard to nuclear and other weapons of mass destruction use constitute a grave danger. President Putin is manufacturing threats that do not exist in order to justify his further aggression. This is reckless behaviour.

The EU and its Member States have for many years been in the forefront of international efforts to achieve a non-discriminatory and effectively verifiable treaty banning the production of fissile material for nuclear weapons or other nuclear explosive devices

The EU and its Member States reiterate their longstanding support for an immediate commencement and early conclusion of the negotiation in the Conference on Disarmament of a Treaty banning the production of fissile material for nuclear weapons or other nuclear explosive devices, and we support starting such negotiations in accordance with the document CD/1299 and the mandate contained therein. To demonstrate our continued commitment, the EU has become a supporter of the UN Secretary General's Agenda for Disarmament Action 7: ‘Conclude a Treaty Banning Fissile Materials for Nuclear Weapons’.

Starting such negotiations is not only an EU priority, but the overwhelming will of the international community, as manifested in the 2010 NPT Review Conference Action Plan and reiterated by UN General Assembly Resolution 73/65, which reaffirmed the urgent necessity of negotiating and bringing to a conclusion of a non-discriminatory, multilateral and internationally and effectively verifiable treaty banning the production of fissile material for nuclear weapons or other nuclear explosive devices.

In this regard, we fully support the consensus recommendation of the High Level Expert Preparatory Group, including the recommendation:  “The negotiation of a treaty banning the production of fissile material for nuclear weapons or other nuclear explosive devices begin without delay in the Conference on Disarmament, in accordance with document CD/1299 and the mandate contained therein”. We are convinced that the start of FMCT negotiations will not threaten anyone’s national security interests. Any State who has reservations about aspects of a future Treaty can raise them during negotiations in the CD, which operates through the consensus rule. We are concerned over the situation in the CD this year, in particular the difficulty to reach consensus language in the negotiations on the establishment of a subsidiary body 2. Once again, we call on all CD members to exert their utmost flexibility and to start negotiations on such a Treaty without delay. In the meantime, we call on those nuclear weapon States who have not yet done so and all other States possessing nuclear weapons to declare and uphold an immediate moratorium on their production of fissile material for nuclear weapons or other nuclear explosive devices.

The Conference is well equipped to start the negotiations immediately. We welcome substantial progress on possible definitions, scope, verification, and legal and institutional arrangements and the comprehensive preparatory work carried out in the High Level Expert Preparatory Group and the previous Group of Governmental Experts. The options-based approach allowed for an in-depth consideration of every possible alternative, increasing understanding of the challenges at stake and providing a clearer picture to future negotiators on options, which are realistic. Options for a treaty's preambular elements may include reference to, inter alia, the importance of active and equal participation and leadership of women and their full involvement in the institutions of the treaty and in its efforts to maintain and promote peace and security. We also welcome the identification of substantial transparency and confidence-building measures. 

Positive momentum has already been created in the CD under the leadership of Germany facilitating the discussions in the Way Ahead Working Group on FMCT, amongst others, and the Netherlands, who coordinated the work in Subsidiary Body 2 in 2018. The in-depth technical discussions in Subsidiary Body 2 and its consensual report showed converging views on several issues and signaled that there was a collective will to look for commonalities. We should further build on this work in order to start negotiations. In this respect, we agree with the recommendation of the High Level Group that further expert work could be useful in particular on the various verification models to determine how they might work in practice, and the resource implications of the possible verification and institutional models.

We recall that the annual General Assembly Resolution on FMCT, co-sponsored by Canada, Germany and the Netherlands, continues to receive overwhelming majority support. Last year, 182 States voted in favour, 5 abstained and only 1 was against. The resolution 76/51 calls inter alia on UN Member States “to make innovative contributions in all appropriate formal and informal forums, including the tenth Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, for facilitating negotiations in the Conference on Disarmament on a treaty banning the production of fissile material for nuclear weapons or other nuclear explosive devices”. The CD should be honour its obligations without delay.

In view of the re-scheduled 2020 NPT Review Conference, it is of utmost importance that the CD moves swiftly towards FMCT negotiations. We remain convinced that an FMCT would represent a concrete step towards nuclear disarmament and would make a significant practical contribution to both non-proliferation and disarmament objectives. Such a treaty is urgently needed to encourage further progress also on other arms control, disarmament and non-proliferation issues. At a time when there is a real prospect of weapon numbers increasing, the case for an FMCT becomes even clearer and more urgent.

In order to sustain the momentum, the EU provided financial support to the UN Office for Disarmament Affairs (UNODA) to facilitate the participation of African, Asian, Latin American and Caribbean countries in FMCT related consultations and other activities. The main objectives of the project was to promote dialogue at regional level, enhance knowledge and understanding on the FMCT substance and process, and broaden and strengthen the participation of all States in future negotiations on FMCT. A series of regional workshops have taken place in the Caribbean, Latin American, Asian, the Pacific, South and East African as well as Central and West African countries, in addition to expert meetings and country visits.

I thank you, Mr. Coordinator.

* The Republic of North Macedonia, Montenegro and Albania continue to be part of the Stabilisation and Association Process.