JCPOA Dispute Resolution Mechanism
This page explains the Dispute Resolution Mechanism (DRM) for the JCPOA
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Dispute Resolution Mechanism (DRM)
The High Representative, as Coordinator of the JCPOA, took multiple steps and redoubled efforts to bring the JCPOA back to full implementation after the triggering of the Dispute Resolution Mechanism (DRM) by the E3 in 2020. Despite the negotiations with the JCPOA participants and the United States until 2023, the High Representative noted in the statement of 6 October 2023 that, following consultations with all JCPOA participants, the issue remained unresolved given the diverging views expressed. Here the details on all the steps undertaken by the High Representative:
- On 14 January 2020, the EU High Representative as Coordinator of the Joint Commission of the JCPOA (hereafter “the Coordinator”) issued a statement acknowledging that he had received a letter by the Foreign Ministers of France, Germany and the United Kingdom referring a matter concerning the implementation of Iran’s commitments under the JCPOA to the Joint Commission for resolution through the Dispute Resolution Mechanism, as set out in paragraph 36 of the JCPOA and that he would oversee the Dispute Resolution Mechanism process to resolve the issues after receiving
- On 24 January 2020, the Coordinator issued a statement recalling the letter by the Foreign Ministers of France, Germany and the UK ‘triggering the Dispute Resolution Mechanism’ and that since then, the coordinator had undertaken extensive bilateral and collective consultations. The statement notes that notwithstanding differences on modalities, there was agreement that more time was needed due to the complexity of the issues involved. The timeline was therefore extended. All agreed to pursue expert-level discussions. The Joint Commission would review progress regularly. The next meeting would take place in February 2020.
- On 26 February 2020, the Coordinator issued a statement after the Joint Commission meeting which addressed both Iran's steps in reducing its nuclear commitments under the JCPOA including its announcement of 5 January 2020, as well as longstanding concerns. The statement notes that as a follow up to the statement of the Coordinator of 24 January 2020 participants reviewed expert-level discussions and that experts were tasked to take these discussions forward.
https://www.eeas.europa.eu/eeas/JCPOA-chairs-statement-following-meeting-joint-commission_en
- On 1 September 2020, following the meeting of the Joint Commission, the Coordinator issued a statement where experts were required to continue discussions on all issues of concern.
- On 16 December 2020, the Coordinator chaired a Joint Commission virtual meeting in which it was agreed to have an informal Ministerial meeting of JCPOA participants on 21 December.
- On 21 December 2020, the EU High Representative chaired a ministerial meeting of the E3/EU+2 (Russia and China). Participants of the JCPOA acknowledged at ministerial level the prospect of a return of the United States to the JCPOA and underlined their readiness to positively address this in a joint effort.
https://www.eeas.europa.eu/eeas/joint-ministerial-statement-joint-comprehensive-plan-action_en
- From April 2021 to August 2022, the EU High Representative as Coordinator facilitated diplomatic talks to negotiate the return of the United States to the JCPOA and to ensure the full and effective implementation of the JCPOA by Iran. Despite these efforts, including several meeting of the Joint Commission during this period, it was not possible to reach an agreement.
- On 2 April, the Coordinator issued a chair’s statement following a virtual meeting of the Joint Commission referring to the agreement of participants to resume this session of the Joint Commission in Vienna the following week and to convening meetings of the relevant expert groups. The Coordinator also announced to intensify separate contacts in Vienna with all JCPOA participants and the United States.
https://www.eeas.europa.eu/eeas/JCPOA-chairs-statement-following-meeting-joint-commission-0_en
- On 9 April, the Joint Commission resumed its work in a physical format in Vienna (statements of 15, 17, 20 and 27 April; 1, 7, 19 and 25 May; 2 and 12 June; 3 November; 17 and 27 December 2021, all of them followed by press releases)
https://www.eeas.europa.eu/eeas/JCPOA-chairs-statement-following-meeting-joint-commission-1_en
- On 3 January 2022, 8th round of negotiations resumed in Vienna.
- In early March, the High Representative announced a break in the negotiations “due to external factors” and noted that a final text was essentially ready and on the table.
https://x.com/JosepBorrellF/status/1502230567047335941
- Following further talks, on 8 August, the High Representative announced that what can be negotiated has been negotiated, and it was now in a final text (following an additional round of consultations in Vienna). He stated that behind every technical issue and every paragraph lies a political decision that needs to be taken in the capitals
https://twitter.com/JosepBorrellF/status/1556669263615770624
- On 14 September 2023, the Coordinator announced by a statement that he had received a letter from the Foreign Ministers of France, Germany and the United Kingdom related to the implementation of the JCPOA to the other participants. The Foreign Ministers had recalled they had registered their concerns and had referred this matter to the Joint Commission under the JCPOA Dispute Resolution Mechanism (DRM), and the statement refers to the fact that the coordinator had acknowledged this in his statement of 14 January 2020. In their letter the Ministers had also stated that Iran was in non-compliance since 2019 and considered that this had not been resolved through the JCPOA’s Dispute Resolution Mechanism. They expressed their intention not to take the steps regarding the lifting of further restrictive measures on JCPOA Transition Day on 18 October 2023. The Coordinator announced in that statement that he would consult with all JCPOA participants on the way forward and underlined he would spare no efforts working towards the restoration of the JCPOA and the resumption of the full implementation of the deal.
- On 6 October 2023, the Coordinator issued a statement recalling the letter received from the Ministers of France, Germany, and the UK on 14 September, that the coordinator had subsequently consulted all JCPOA participants on the way ahead and, following the consultations, the issue remained unresolved given the diverging views expressed. The Coordinator referred to the determination of participants to find a diplomatic solution in the framework of the JCPOA and reiterated his commitment to continue all possible efforts towards the resumption of the full implementation of the JCPOA.
Additional information:
On 16 October 2023, the Council of the European Union adopted Decision (CFSP) 2023/2195 amending Decision 2010/413/CFSP maintaining after JCPOA Transition Day the restrictive measures at stake. In its press statement of 17 October 2023, the Council explained that it had evaluated that there were valid reasons to refrain from lifting the restrictions on Transition Day as originally foreseen under the JCPOA. It stated that this decision was in line with the provisions of the UN Security Council Resolution 2231 and the JCPOA, in view of Iran not fulfilling its commitments under the JCPOA, as reported by the International Atomic Energy Agency since 2019 (Annex 1). https://www.consilium.europa.eu/en/press/press-releases/2023/10/17/iran-council-maintains-restrictive-measures-under-the-non-proliferation-sanctions-regime-after-the-JCPOA-transition-day/
The High Representative, as Coordinator of the JCPOA, took steps also on the Dispute Resolution Mechanism triggered by Iran.
- On 3 July 2020, the Coordinator received a letter from the Foreign Minister of Iran referring Iran’s concerns regarding implementation issues by France, Germany and the United Kingdom under the JCPOA to the Joint Commission for resolution through the Dispute Resolution Mechanism, as set out in paragraph 36 of the agreement.
- On 17 July 2020 the Coordinator issued a statement recalling the letter by the Foreign Ministers of Iran ‘triggering the Dispute Resolution Mechanism’ and that since then, he had undertaken extensive consultations. The statement notes that notwithstanding differences on modalities, there was agreement that more time was needed due to the complexity of the issues involved. The timeline was therefore extended. The next Joint Commission would be scheduled as soon as travel conditions allowed and that the coordinator would review progress regularly.