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Europe Daily Bulletin No. 12018
EXTERNAL ACTION / Iran

Europeans reiterate commitment to deal despite American decision

The responses were immediate.  Just a few minutes after US President Donald Trump's announcement of his country's withdrawal from the Iran nuclear deal – or the Joint Comprehensive Plan of Action (JCPOA) – many political leaders, headed by the Europeans, "regretted" this decision, spoke of their concern and reiterated their commitment to the deal that took over 12 years to negotiate and that has been in place since 2015.

As evidence of the concern and disappointment, High Representative of the EU for Foreign Affairs and Security Policy Federica Mogherini put out an SOS a few minutes after Trump's announcement.  "Should the US reconsider this position, we would welcome it", she said desperately.

"The European Union is determined to preserve the deal", Mogherini stated. The nuclear deal will be discussed at the informal dinner of the heads of state and government in Sofia on 16 May (see other article).

In a statement on behalf of the EU on 9 May, Mogherini stated: "as long as Iran continues to implement its nuclear related commitments, as it has been doing so far and has been confirmed by the International Atomic Energy Agency in 10 consecutive reports, the EU will remain committed to the continued full and effective implementation of the nuclear deal".  She said the EU expected the rest of the international community to continue to do its part to guarantee that the deal continues to be fully implemented.  China and Russia have reaffirmed their commitment to it.

Germany's Chancellor Angela Merkel echoed this message, as did British Prime Minister Theresa May and France's President Emmanuel Macron.  All countries of all three leaders participated in the negotiation of the deal and they jointly announced that their governments "remained determined to ensure the implementation of the agreement".  They also called on "all the parties" to continue to subscribe to the full implementation of the JCPOA and "to act in a spirit of responsibility".  "The USA must ensure the structures of the JCPOA are kept intact and must avoid any measure that would prevent its full implementation by the other parties", Merkel, May and Macron stated.  "Our governments will work (on maintaining the deal) with the other parties that will remain engaged in this collective framework, including ensuring the maintenance of the economic benefits linked to the deal to the advantage of the Iranian economy and people", they added.

The Europeans are concerned about a possible Iranian withdrawal from the deal.  The French, British and German foreign ministers will meet Iranian representatives about this on Monday 14 May, according to France's Foreign Minister Jean-Yves Le Drian.  In her statement, Mogherini addressed the Iranian people and leaders directly: "Do not let anyone dismantle this agreement (...)  This deal belongs to each and every one of us.  Stay true to your commitments, as we will stay true to ours", she said.  Although Iran's President Hassan Rouhani supports maintaining the JCPOA, the country's Supreme Leader, Ayatollah Ali Khamenei, calls on the Europeans for "real guarantees" because he does "not trust" France, Germany and the UK.   The Europeans "will do everything" to ensure Iran remains in the deal, Merkel replied to him.  Along with Macron and May, Merkel encouraged Tehran "to show restraint in its response to the American decision", urging it to uphold its own obligations under the terms of the deal.  "In return, Iran must continue to benefit from the lifting of sanctions, to which it can lay claim as long as it remains in line with the terms of the agreement", the leaders add.  According to the EU, "an essential part of the agreement" hinges on the lifting of economic sanctions.

Strong concern about extraterritoriality of US measures

However, it is not only Iran, but also the Europeans, who risk seriously suffering from the reintroduction of US sanctions due to the sanctions' extraterritoriality.  According to US national security adviser John Bolton, no new contract is authorised and the sanctions will be re-imposed after 90 days or 180 days for those linked to energy, in order to leave time to the other companies to leave the country.   The US ambassador to Germany, Richard Grenell, tweeted that the US sanctions targeted critical sectors of the Iranian economy.  He added that German companies doing business in Iran should cease their activities immediately.

In her statement, Mogherini also said she was "particularly worried" about the announcement of new sanctions.  "I will consult with all our partners in the coming hours and days to assess their implications.  The European Union is determined to act in accordance with its security interests and to protect its economic investments", she said.  A European source told EUROPE on 9 May that the European External Action Service was studying the US measures and that there was ongoing contact.

According to the French Presidency, the Europeans will "do their utmost to protect their interests", intervening with the US administration "at the level of the EU for political, practical and legal reasons".  France's Economy Minister Bruno Le Maire said he would talk to his European counterparts "to see what response we can have to these sanctions".  He mentioned grandfather clauses and "exemptions" from the sanctions.  On 2 May, a senior European official told a small group of journalists, including from EUROPE, that the Europeans were working on a number of proposals that could protect European businesses and operators (see EUROPE 12014).

Mogherini and the three European leaders also reiterated that the deal was multilateral.  "It is not in the hands of any single country to terminate it unilaterally", she said, while Merkel, May and Macron stated that the "legally binding international framework for resolution of the differences linked to the Iranian nuclear programme" was Resolution 2231, which was adopted unanimously by the United Nations Security Council on 20 July 2015.  Under the terms of the agreement, Iran could seek redress with the agreement's joint commission in charge of verifying the implementation of the deal.  This would open a procedure to try and find a solution within 45 days maximum.

Seeing beyond the deal

Beyond the Iran nuclear deal, the Europeans share Trump's concerns about Iran's ballistic missile programme and the country's activities in the region.  But while Trump wants to include Iran's nuclear, ballistic and regional activities in one and the same agreement, which Trump now wants to negotiate, Mogherini says these are separate issues that must be dealt with outside the JCPOA.  "We are aware that other major subjects of concern must be taken into account", the German, French and British leaders stated.

Although Trump said in his speech that the sunset provisions (that is, the lifting of restrictions to the enrichment of uranium and the reprocessing of plutonium 10 to 15 years later) were "unacceptable", Merkel, May and Macron proposed that a "long term framework for Iran's nuclear programme after the expiry of certain arrangements from 2025" be defined.

Merkel, May and Macron also said there was a need "to deal rigorously with the widely shared concerns linked to Iran's ballistic programme and to its destabilising regional activities, particularly in Syria, Iraq and Yemen".  The three leaders underlined their unwavering commitment to the security of their allies and partners in the region.  France, Germany and the UK have already begun "constructive and mutually beneficial discussions on these issues" and their leaders announced they wanted to continue these talks "with their key partners and the relevant states in the region".

Mogherini drew a parallel with North Korea, which could abandon its nuclear programme.  She has already repeatedly said that going back on the deal with Iran would be to send a bad signal to Pyongyang (see EUROPE 11884).   (Original version in Camille-Cerise Gessant)

Contents

BEACONS
EXTERNAL ACTION
SECTORAL POLICIES
INSTITUTIONAL
COURT OF JUSTICE OF THE EU
NEWS BRIEFS
CALENDAR