THE HAGUE - The United States, Russia and 90 other countries signed a "code of conduct" Monday intended to control the spread of ballistic missiles capable of delivering weapons of mass destruction, but some countries deemed likely to use such missiles weren't among them.

At a two-day conference in The Hague ending Tuesday, diplomats expressed concern over the possible use of long-range missiles by aggressor nations or terrorists intending to use chemical or biological weapons.


All 191 member states of the United Nations except Iraq were invited to the inauguration conference.

Dutch Foreign Minister Jaap de Hoop Scheffer said that although obtaining the signatures of 92 countries was a substantial achievement, "we miss a number of very important countries: China, India, Pakistan, Iran and Iraq."

"The developments in North Korea worry me greatly," he said. "Of course, the code is not complete as long as these major and important players do not take part."

The four-page document was a "politically binding" - though not a legally binding - treaty. But it is "a step in the right direction" expressing a common goal to limit use of long-range missiles, said de Hoop Scheffer.

The code of conduct was proposed by the Dutch in 1999 when they presided over the Missile Technology Control Regime, a voluntary group formed in 1987 and joined by more than 30 countries to restrict exports of delivery systems for chemical, biological or nuclear warheads.

The code calls on nations to "curb and prevent" the proliferation of ballistic missiles and to reduce national stockpiles. It also calls for public reports on missile programs and test plans. It allows for peaceful uses such as space exploration.

India has said it refused to sign because the code refers to ballistic missiles and space launch vehicles without a proper distinction. India has an active commercial space program. China, which participated in the negotiations on the treaty, declined to sign when several of its proposed amendments were rejected, said a spokesman in Beijing without elaboration. But China said it has taken its own steps to curb proliferation by passing four laws since September on the trade of missiles, biological and chemical products, and military hardware.

Under the code, countries should also publish lists of prior tests and seek bilateral agreements to reduce tensions with neighbor countries.

De Hoop Scheffer singled out India and Pakistan, nuclear armed states which have been on the brink of war several times in the last three years, as a prime example. Both have tested ballistic missiles this year.

The code also was urgently needed in view of the Sept. 11 attacks and possible future terrorist threats, the Dutch minister said.

While a formal treaty sponsored by the United Nations would be a more effective tool against proliferation, the compromise reached Monday was better than no deal at all to contain missiles, de Hoop Scheffer said.

"Their rapid geographical spread, their increasing range and their inherent connection with weapons of mass destruction threatens regional stability and international peace," he said.

Without a mechanism to enforce the rules, its effectiveness will remain questionable, but nonmembers should be "pressured through diplomatic means," de Hop Scheffer said.

On Tuesday, delegates will discuss the implementation of the code, possible incentives to get non-signatories to join and chose a host country for a permanent contact office.