2018 Amended Protocol II Group of Experts - Convention on Certain Conventional Weapons

Mr Coordinator,

I have the honour to speak on behalf of the European Union. The Candidate Countries Turkey, the former Yugoslav Republic of Macedonia [*], Montenegro*, Serbia 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.

Let me start by thanking Colombia and France for their work and for keeping Improvised Explosive Devices (IEDs) high on our agenda.

The EU remains fully committed to reducing the suffering and the harm caused by mines, booby-traps, and other devices under Amended Protocol II which is an important instrument of International Humanitarian Law.

We are deeply concerned over the increasing global impact of IED attacks worldwide and their indiscriminate use and effects in particular in the perpetration of terrorist acts which have grown dramatically in recent years. Efforts to step up clearance are important given the humanitarian impact of IEDs and their overall negative consequences for the security, stability and development of fragile States.

We reiterate our support for the relevant UN General Assembly Resolutions and the 2016 political declaration on IEDs within Amended Protocol II. We note the continued relevance of the UN Secretary-General report (A/71/187) and its recommendations to enhance prevention, preparedness and response to counter the threat posed by IEDs. We are looking forward to the new report of the UN Secretary-General which will promote a strengthened and coherent UN interagency coordination on IEDs to ensure a whole-of-system approach.

Last August, the UN Security Council adopted an important Resolution 2370 calling for more stringent national measures to prevent the supply of weapons and explosives precursors to terrorists. The EU has already undertaken a number of concrete actions in this regard, as set out in the European Agenda on Security and more specifically in the EU Action Plan against the Illicit Trafficking and Use of Firearms and Explosives. EU-wide harmonized rules and closer cooperation between EU institutions, EU Member States and other relevant stakeholders, including industry and Europol, will help reduce the possibility of misuse of explosives and explosive precursors and thereby strengthen security across Europe.

Following the entry into force of Regulation (EU) No 98/2013 on the Marketing and Use of Explosives Precursors, the amount of explosive precursors available to the general public has already decreased, thereby reducing the risk that chemical substances are used for the illicit manufacture of explosives. At the same time, there has been an increase in the number of reported suspicious transactions, disappearances and thefts.

The threat posed by explosive precursors remains high. Homemade explosives were used in the vast majority of IED attacks in the EU, including in Paris, Brussels, Manchester and Parsons Green. It is against this background that on 17 April 2018, the European Commission adopted a proposal for a new Regulation on the marketing and use of explosives precursors, amending Annex XVII to the Regulation (EC) No 1907/2006 and repealing Regulation (EU) No 98/2013.

The proposed Regulation includes several measures to strengthen the existing rules. Firstly, it will expand the scope of the earlier Regulation by adding new substances to the list of restricted explosives precursors. Secondly, current registration regimes would discontinue, as registration has proved to be weaker from a security perspective than licensing or a ban for members of the general public. Thirdly, it introduces more comprehensive procedures and criteria for issuing licenses which include verifying legitimacy of the request, security screening and a criminal record check. In addition, these measures should facilitate greater awareness raising and information sharing along the supply chain. Lastly, they will make clear that the restrictions also apply to online sales.

Although addressing these challenges remains largely a national responsibility, international cooperation can make a significant difference. The EU will continue to provide assistance to interested States for national capacity building to address the IED threat. Such assistance is envisaged as part of our counter-terrorism cooperation with countries in the Mediterranean and the Middle East.

The EU is actively involved in particular in Iraq where we support the work of the Iraqi authorities, the UN Mine Action Service (UNMAS) and several operators to mitigate the threat posed by IEDs. The European Commission recently signed a new contract with UNMAS, worth of 10 million Euros, on mine and other explosive ordnance disposal.

In conclusion, the EU values the work that has been carried out within the CCW and other international organisations to facilitate the exchange of information with the involvement of all relevant stakeholders. The role of industry is indispensable in these efforts. We would like to take this opportunity to encourage the High Contracting Parties to actively contribute to the compilation of the existing guidelines, best practices and other recommendations aiming at addressing the diversion or illicit use of materials that can be used for IEDs.

Thank you, Mr Coordinator

[*] The former Yugoslav Republic of Macedonia, Montenegro, Serbia and Albania continue to be part of the Stabilisation and Association Process.