The foreign ministers of the E3 countries (Germany, France and the United Kingdom) announced on Tuesday 14 January that they are triggering the dispute resolution mechanism under the Iranian nuclear agreement without waiting for a new report from the International Atomic Energy Agency (IAEA).
"We have no choice, given the steps taken by Iran, but to express our concern that Iran is not respecting its commitments under the JCPOA (Joint Action Plan) and to refer the matter to the Joint Commission under the dispute settlement mechanism, in accordance with paragraph 36 of the JCPOA", they announced in a joint statement. They explain that "contrary to its statements, Iran has never triggered the dispute settlement mechanism provided for in the JCPOA and has no basis in law for ceasing to implement the provisions of the agreement".
After a process lasting several weeks or even months, if the E3 considers that the issue raised has not been resolved, it could, according to this paragraph "treat the unresolved issue as a reason to cease fulfilling its commitments under the JCPOA, in whole or in part, and/or inform the United Nations Security Council that it considers the issue to be a material non-fulfilment".
As coordinator of the joint committee, the High Representative of the Union for Foreign Affairs and Security Policy, Josep Borrell, who has been notified by the ministers in writing, will oversee the dispute resolution process.
"I will ensure that the process provides an opportunity to address the issues identified by the E3 and find a way forward to ensure full and complete implementation of the JCPOA. The purpose of the mechanism is not to re-impose sanctions", he told the press. "The dispute resolution mechanism requires intensive and good faith efforts by all. As coordinator, I expect all JCPOA participants to approach this process in this spirit", he added.
In their declaration, the ministers stated that they were acting "in good faith", with the "overriding" objective of preserving the agreement and in the "sincere hope" of finding a solution to the impasse "through constructive diplomatic dialogue", while remaining within the framework of this agreement, to which they restated their commitment.
The three ministers also warn that their countries are not "joining the campaign to exert maximum pressure against Iran" and say they are "fully committed" to diplomatic efforts to bring Iranians and Americans back to the negotiating table, in order to reach "a comprehensive negotiated solution", with the intention of resuming these efforts as soon as conditions permit.
According to Borrell, given the "dangerous escalations" taking place in the Middle East "the preservation of the JCPOA is more important today than ever”.
In response, Iran warned against "a strong and serious response", while saying it was "fully prepared to respond to any goodwill and constructive efforts" that would preserve the nuclear agreement. (Original version in French by Camille-Cerise Gessant)