I have the honour to speak on behalf of the EU Member States. The Candidate Countries the Republic of North Macedonia*, Montenegro^* and Albania^*, and the EFTA countries Iceland and Norway, members of the European Economic Area, as well as Ukraine, the Republic of Moldova and Georgia, align themselves with this statement.

1. The EU and its Member States welcomed the resumption of UN discussions on cyber issues in 2019 and reaffirm our commitment to work both within the UN Group of Governmental Experts (UN GGE) and the OEWG, in a complementary and coordinated fashion, to promote and further build on the cumulative achievements of the previous UN GGEs.

2. We support the important and the ongoing work in 2021 of the OEWG and UN GGE that includes discussions on future institutional dialogue. We should let the OEWG and the UN GGE conclude their work first to allow the discussion on cyber issues in the First Committee to return to one consensus track. This proposal by Russia pre-empts the outcome of the ongoing Open-ended Working Group (OEWG). It is perceived as going against the inclusive and open-spirit of the resolution A/RES/73/27 and disregarding its mandate, as well as the engagement of the whole UN community to make progress on cyber issues.  It is therefore with great regret that EU MS cannot support the resolution “Developments in the field of information and telecommunications in the context of international security (L.8)”.

3. Furthermore, we recall that during the OEWG it was widely shared that we were not starting from scratch. We regret that the sponsor of the draft resolution L.8. has chosen to include language that has not enjoyed consensus in the past within the First Committee framework, as well as establishing a process of discussion pre-empting the outcome of the consensus based discussions of the OEWG and the GGE. We regret that despite the invitation by many States to go back to consensual language and to endorse a constructive approach that this effort has been denied. We reaffirmed on various occasions our readiness to discuss the draft resolution in order to find consensus. The draft risks postponing the possibility of the OEWG to recommend the establishment of a permanent and regular institutional dialogue. We therefore regret the current situation that does not allow us to support the resolution.

4. We acknowledge and welcome the broad desire for continued regular dialogue with universal participation, including multi-stakeholder participation, on the implementation of the GGE reports on responsible behaviour of States in cyberspace, endorsed by all UN Member States.  Our proposal, jointly supported at this stage by (45 countries [TBC] or list of countries) to establish a Programme of Action to Advance Responsible States Behaviour in Cyberspace, submitted to the OEWG and UN GGE, constitutes the most promising proposal on the table which could allow for the return to a one-track process based on consensus. It offers the opportunity to work together towards an inclusive, more permanent and constructive environment with the whole UN Membership, without delay or interruption in our discussions. The PoA would allow our work to progress, including on the pertinent and pressing problem of increasing cyber incidents, through strengthening the normative framework, reiterating our commitment to preserve the acquis and facilitating cyber capacity building in a concrete and results-oriented manner.

5. We recall that the consensus achieved after the UN GGE in 2015 regarding the application of international law, including the UN Charter, as well as the developed norms of responsible State behaviour in cyberspace, must be preserved. We welcome the work done so far in the framework of the OEWG, which offers a valuable platform to exchange positions and foster a stronger common understanding on how to face threats and promote responsible State behaviour in cyberspace. We also welcome the consultations of the UN GGE with the UN Membership, as well as with other stakeholders, notably through regional organizations such as the African Union, the European Union, the Organization of American States, the Organization for Security and Cooperation in Europe and the Regional Forum of the Association of Southeast Asian Nations. We are looking forward to continuing discussions within these two processes, following the interruptions of the meetings schedules because of the Covid-19 pandemic.

6. The EU and its Member States had hoped to avoid a contentious First Committee discussion this year as we believe our efforts should be focusing on our ongoing substantive work. The EU still maintains such a goal, prioritising one coherent and consensual approach that reaffirms consensus views, whilst including the work of previous First Committee resolutions.

7. In conclusion, the EU and its Member States look forward to continuing its constructive engagement in UN GGE and OEWG discussions with a view to promoting an open, free, stable and secure cyberspace, where human rights and fundamental freedoms, the rule of law and international law are fully respected and upheld. The EU will work with all the UN Membership towards conclusions of the UN discussions that plot a path back to consensus in the First Committee process. 

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