Convention
on the Prohibition of the Development, Production, Stockpiling and Use
of Chemical Weapons and on their Destruction
PREAMBLE
The State Parties to this Convention,
Determined to act with a view to achieving effective progress towards general
and complete disarmament under strict and effective international control,
including the prohibition and elimination of all types of weapons of mass
destruction,
Desiring to contribute to the realization of the purposes and principles of
the Charter of the United Nations,
Recalling that the General Assembly of the United Nations has repeatedly
condemned all actions contrary to the principles and objectives of the
Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or
Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on 17
June 1925 (the Geneva Protocol of 1925),
Recognizing that this Convention reaffirms principles and objectives of and
obligations assumed under the Geneva Protocol of 1925, and the Convention on
the Prohibition of the Development, Production and Stockpiling of
Bacteriological (Biological) and Toxin Weapons and on their Destruction signed
at London, Moscow and Washington, on 10 April 1972,
Bearing in mind the objective contained in Article IX of the Convention on the
Prohibition of the Development, Production and Stockpiling of Bacteriological
(Biological) and Toxin Weapons and on their Destruction,
Determined for the sake of all mankind, to exclude completely the possibility
of the use of chemical weapons, through the implementation of the provisions
of this Convention, thereby complementing the obligations assumed under the
Geneva Protocol of 1925,
Recognizing the prohibition, embodied in the pertinent agreements and relevant
principles of international law, of the use of herbicides as a method of
warfare,
Considering that achievements in the field of chemistry should be used
exclusively for the benefit of mankind,
Desiring to promote free trade in chemicals as well as international
cooperation and exchange of scientific and technical information in the field
of chemical activities for purposes not prohibited under this Convention in
order to enhance the economic and technological development of all States
Parties,
Convinced that the complete and effective prohibition of the development,
production, acquisition, stockpiling, retention, transfer and use of chemical
weapons, and their destruction, represent a necessary step towards the
achievement of these common objectives,
Have agreed as follows:
ARTICLE I
GENERAL OBLIGATIONS
1. Each State Party to this Convention undertakes never under any
circumstances:
(a) To develop, produce, otherwise acquire, stockpile or retain chemical
weapons, or transfer, directly or indirectly, chemical weapons to anyone;
(b) To use chemical weapons;
(c) To engage in any military preparations to use chemical weapons;
(d) To assist, encourage or induce, in any way, anyone to engage in any
activity prohibited to a State Party under this Convention.
2. Each State Party undertakes to destroy chemical weapons it owns or
possesses, or that are located in any place under its jurisdiction or control,
in accordance with the provisions of this Convention.
3. Each State Party undertakes to destroy all chemical weapons it abandoned on
the territory of another State Party, in accordance with the provisions of
this Convention.
4. Each State Party undertakes to destroy any chemical weapons production
facilities it owns or possesses, or that are located in any place under its
jurisdiction or control, in accordance with the provisions of this Convention.
5. Each State Party undertakes not to use riot control agents as a method of
warfare.
ARTICLE II
DEFINITIONS AND CRITERIA
For the purposes of this Convention:
1. "Chemical Weapons" means the following, together or separately:
(a) Toxic chemicals and their precursors, except where intended for purposes
not prohibited under this Convention, as long as the types and quantities are
consistent with such purposes;
(b) Munitions and devices, specifically designed to cause death or other
harm through the toxic properties of those toxic chemicals specified in
subparagraph (a), which would be released as a result of the employment of
such munitions and devices;
(c) Any equipment specifically designed for use directly in connection with
the employment of munitions and devices specified in subparagraph (b).
2. "Toxic Chemical" means:
Any chemical which through its chemical action on life processes can cause
death, temporary incapacitation or permanent harm to humans or animals. This
includes all such chemicals, regardless of their origin or of their method of
production, and regardless of whether they are produced in facilities, in
munitions or elsewhere.
(For the purpose of implementing this Convention, toxic chemicals which have
been identified for the application of verification measures are listed in
Schedules contained in the Annex on Chemicals.)
3. "Precursor" means:
Any chemical reactant which takes part at any stage in the production by
whatever method of a toxic chemical. This includes any key component of a
binary or multicomponent chemical system.
(For the purpose of implementing this Convention, precursors which have been
identified for the application of verification measures are listed in
Schedules contained in the Annex on Chemicals.)
4. "Key Component of Binary or Multicomponent Chemical Systems" (hereinafter
referred to as "key component") means:
The precursor which plays the most important role in determining the toxic
properties of the final product and reacts rapidly with other chemicals in the
binary or multicomponent system.
5. "Old Chemical Weapons" means:
(a) Chemical weapons which were produced before 1925; or
(b) Chemical weapons produced in the period between 1925 and 1946 that have
deteriorated to such extent that they can no longer be used as chemical
weapons.
6. "Abandoned Chemical Weapons" means:
Chemical weapons, including old chemical weapons, abandoned by a State after 1
January 1925 on the territory of another State without the consent of the
latter.
7. "Riot Control Agent" means:
Any chemical not listed in a Schedule, which can produce rapidly in humans
sensory irritation or disabling physical effects which disappear within a
short time following termination of exposure.
8. "Chemical Weapons Production Facility":
(a) Means any equipment, as well as any building housing such equipment,
that was designed, constructed or used at any time since 1 January 1946:
(i) As part of the stage in the production of chemicals ("final
technological stage") where the material flows would contain, when
the equipment is in operation:
(1) Any chemical listed in Schedule 1 in the Annex on Chemicals;
or
(2) Any other chemical that has no use, above 1 tonne per year
on the territory of a State Party or in any other place
under the jurisdiction or control of a State Party, for
purposes not prohibited under this Convention, but can be
used for chemical weapons purposes;
or
(ii) For filling chemical weapons, including, inter alia, the filling
of chemicals listed in Schedule 1 into munitions, devices or bulk
storage containers; the filling of chemicals into containers that
form part of assembled binary munitions and devices or into
chemical submunitions that form part of assembled unitary
munitions and devices, and the loading of the containers and
chemical submunitions into the respective munitions and devices;
(b) Does not mean:
(i) Any facility having a production capacity for synthesis of
chemicals specified in subparagraph (a) (i) that is less than 1
tonne;
(ii) Any facility in which a chemical specified in subparagraph (a) (i)
is or was produced as an unavoidable by-product of activities for
purposes not prohibited under this Convention, provided that the
chemical does not exceed 3 per cent of the total product and that
the facility is subject to declaration and inspection under the
Annex on Implementation and Verification (hereinafter referred to
as "Verification Annex"); or
(iii)The single small-scale facility for production of chemicals listed
in Schedule 1 for purposes not prohibited under this Convention as
referred to in Part VI of the Verification Annex.
9. "Purposes Not Prohibited Under this Convention" means:
(a) Industrial, agricultural, research, medical, pharmaceutical or other
peaceful purposes;
(b) Protective purposes, namely those purposes directly related to
protection against toxic chemicals and to protection against chemical weapons;
(c) Military purposes not connected with the use of chemical weapons and not
dependent on the use of the toxic properties of chemicals as a method of
warfare;
(d) Law enforcement including domestic riot control purposes.
10. "Production Capacity" means:
The annual quantitative potential for manufacturing a specific chemical based
on the technological process actually used or, if the process is not yet
operational, planned to be used at the relevant facility. It shall be deemed
to be equal to the nameplate capacity or, if the nameplate capacity is not
available, to the design capacity. The nameplate capacity is the product
output under conditions optimized for maximum quantity for the production
facility, as demonstrated by one or more test-runs. The design capacity is the
corresponding theoretically calculated product output.
11. "Organization" means the Organization for the Prohibition of Chemical
Weapons established pursuant to Article VIII of this Convention.
12. For the purposes of Article VI:
(a) "Production" of a chemical means its formation through chemical
reaction;
(b) "Processing" of a chemical means a physical process, such as
formulation, extraction and purification, in which a chemical is not converted
into another chemical;
(c) "Consumption" of a chemical means its conversion into another chemical
via a chemical reaction.
ARTICLE III
DECLARATIONS
1. Each State Party shall submit to the Organization, not later than 30 days
after this Convention enters into force for it, the following declarations, in
which it shall:
(a) With respect to chemical weapons:
(i) Declare whether it owns or possesses any chemical weapons, or
whether there are any chemical weapons located in any place under
its jurisdiction or control;
(ii) Specify the precise location, aggregate quantity and detailed
inventory of chemical weapons it owns or possesses, or that are
located in any place under its jurisdiction or control, in
accordance with Part IV (A), paragraphs 1 to 3, of the
Verification Annex, except for those chemical weapons referred to
in sub-subparagraph (iii);
(iii) Report any chemical weapons on its territory that are owned and
possessed by another State and located in any place under the
jurisdiction or control of another State, in accordance with Part
IV (A), paragraph 4, of the Verification Annex;
(iv)Declare whether it has transferred or received, directly or
indirectly, any chemical weapons since 1 January 1946 and specify
the transfer or receipt of such weapons, in accordance with Part
IV (A), paragraph 5, of the Verification Annex;
(v) Provide its general plan for destruction of chemical weapons that
it owns or possesses, or that are located in any place under its
jurisdiction or control, in accordance with Part IV (A), paragraph
6, of the Verification Annex;
(b) With respect to old chemical weapons and abandoned chemical weapons:
(i) Declare whether it has on its territory old chemical weapons and
provide all available information in accordance with Part IV (B),
paragraph 3, of the Verification Annex;
(ii)Declare whether there are abandoned chemical weapons on its
territory and provide all available information in accordance with
Part IV (B), paragraph 8, of the Verification Annex;
(iii)Declare whether it has abandoned chemical weapons on the territory
of other States and provide all available information in
accordance with Part IV (B), paragraph 10, of the Verification
Annex;
(c) With respect to chemical weapons production facilities:
(i) Declare whether it has or has had any chemical weapons production
facility under its ownership or possession, or that is or has been
located in any place under its jurisdiction or control at any time
since 1 January 1946;
(ii)Specify any chemical weapons production facility it has or has had
under its ownership or possession or that is or has been located
in any place under its jurisdiction or control at any time since 1
January 1946, in accordance with Part V, paragraph 1, of the
Verification Annex, except for those facilities referred to in
sub-subparagraph (iii);
(iii)Report any chemical weapons production facility on its territory
that another State has or has had under its ownership and
possession and that is or has been located in any place under the
jurisdiction or control of another State at any time since 1
January 1946, in accordance with Part V, paragraph 2, of the
Verification Annex;
(iv)Declare whether it has transferred or received, directly or
indirectly, any equipment for the production of chemical weapons
since 1 January 1946 and specify the transfer or receipt of such
equipment, in accordance with Part V, paragraphs 3 to 5, of the
Verification Annex;
(v)Provide its general plan for destruction of any chemical weapons
production facility it owns or possesses, or that is located in
any place under its jurisdiction or control, in accordance with
Part V, paragraph 6, of the Verification Annex;
(vi)Specify actions to be taken for closure of any chemical weapons
production facility it owns or possesses, or that is located in
any place under its jurisdiction or control, in accordance with
Part V, paragraph 1 (i), of the Verification Annex;
(vii)Provide its general plan for any temporary conversion of any
chemical weapons production facility it owns or possesses, or that
is located in any place under its jurisdiction or control, into a
chemical weapons destruction facility, in accordance with Part V,
paragraph 7, of the Verification Annex;
(d) With respect to other facilities:
Specify the precise location, nature and general scope of
activities of any facility or establishment under its ownership or
possession, or located in any place under its jurisdiction or
control, and that has been designed, constructed or used since 1
January 1946 primarily for development of chemical weapons. Such
declaration shall include, inter alia, laboratories and test and
evaluation sites;
(e) With respect to riot control agents: Specify the chemical name,
structural formula and Chemical Abstracts Service (CAS) registry number, if
assigned, of each chemical it holds for riot control purposes. This
declaration shall be updated not later than 30 days after any change becomes
effective.
2. The provisions of this Article and the relevant provisions of Part IV of
the Verification Annex shall not, at the discretion of a State Party, apply to
chemical weapons buried on its territory before 1 January 1977 and which
remain buried, or which had been dumped at sea before 1 January 1985.
ARTICLE IV
CHEMICAL WEAPONS
1. The provisions of this Article and the detailed procedures for its
implementation shall apply to all chemical weapons owned or possessed by a
State Party, or that are located in any place under its jurisdiction or
control, except old chemical weapons and abandoned chemical weapons to which
Part IV (B) of the Verification Annex applies.
2. Detailed procedures for the implementation of this Article are set forth in
the Verification Annex.
3. All locations at which chemical weapons specified in paragraph 1 are stored
or destroyed shall be subject to systematic verification through on-site
inspection and monitoring with on-site instruments, in accordance with Part IV
(A) of the Verification Annex.
4. Each State Party shall, immediately after the declaration under Article
III, paragraph 1 (a), has been submitted, provide access to chemical weapons
specified in paragraph 1 for the purpose of systematic verification of the
declaration through on-site inspection. Thereafter, each State Party shall not
remove any of these chemical weapons, except to a chemical weapons destruction
facility. It shall provide access to such chemical weapons, for the purpose of
systematic on-site verification.
5. Each State Party shall provide access to any chemical weapons destruction
facilities and their storage areas, that it owns or possesses, or that are
located in any place under its jurisdiction or control, for the purpose of
systematic verification through on-site inspection and monitoring with on-site
instruments.
6. Each State Party shall destroy all chemical weapons specified in paragraph
1 pursuant to the Verification Annex and in accordance with the agreed rate
and sequence of destruction (hereinafter referred to as "order of
destruction"). Such destruction shall begin not later than two years after
this Convention enters into force for it and shall finish not later than 10
years after entry into force of this Convention. A State Party is not
precluded from destroying such chemical weapons at a faster rate.
7. Each State Party shall:
(a) Submit detailed plans for the destruction of chemical weapons specified
in paragraph 1 not later than 60 days before each annual destruction period
begins, in accordance with Part IV (A), paragraph 29, of the Verification
Annex; the detailed plans shall encompass all stocks to be destroyed during
the next annual destruction period;
(b) Submit declarations annually regarding the implementation of its plans
for destruction of chemical weapons specified in paragraph 1, not later than
60 days after the end of each annual destruction period; and
(c) Certify, not later than 30 days after the destruction process has been
completed, that all chemical weapons specified in paragraph 1 have been
destroyed.
8. If a State ratifies or accedes to this Convention after the 10-year period
for destruction set forth in paragraph 6, it shall destroy chemical weapons
specified in paragraph 1 as soon as possible. The order of destruction and
procedures for stringent verification for such a State Party shall be
determined by the Executive Council.
9. Any chemical weapons discovered by a State Party after the initial
declaration of chemical weapons shall be reported, secured and destroyed in
accordance with Part IV (A) of the Verification Annex.
10. Each State Party, during transportation, sampling, storage and destruction
of chemical weapons, shall assign the highest priority to ensuring the safety
of people and to protecting the environment. Each State Party shall transport,
sample, store and destroy chemical weapons in accordance with its national
standards for safety and emissions.
11. Any State Party which has on its territory chemical weapons that are owned
or possessed by another State, or that are located in any place under the
jurisdiction or control of another State, shall make the fullest efforts to
ensure that these chemical weapons are removed from its territory not later
than one year after this Convention enters into force for it. If they are not
removed within one year, the State Party may request the Organization and
other States Parties to provide assistance in the destruction of these
chemical weapons.
12. Each State Party undertakes to cooperate with other States Parties that
request information or assistance on a bilateral basis or through the
Technical Secretariat regarding methods and technologies for the safe and
efficient destruction of chemical weapons.
13. In carrying out verification activities pursuant to this Article and Part
IV (A) of the Verification Annex, the Organization shall consider measures to
avoid unnecessary duplication of bilateral or multilateral agreements on
verification of chemical weapons storage and their destruction among States
Parties.
To this end, the Executive Council shall decide to limit verification to
measures complementary to those undertaken pursuant to such a bilateral or
multilateral agreement, if it considers that:
(a) Verification provisions of such an agreement are consistent with the
verification provisions of this Article and Part IV (A) of the Verification
Annex;
(b) Implementation of such an agreement provides for sufficient assurance of
compliance with the relevant provisions of this Convention; and
(c) Parties to the bilateral or multilateral agreement keep the Organization
fully informed about their verification activities.
14. If the Executive Council takes a decision pursuant to paragraph 13, the
Organization shall have the right to monitor the implementation of the
bilateral or multilateral agreement.
15. Nothing in paragraphs 13 and 14 shall affect the obligation of a State
Party to provide declarations pursuant to Article III, this Article and Part
IV (A) of the Verification Annex.
16. Each State Party shall meet the costs of destruction of chemical weapons
it is obliged to destroy. It shall also meet the costs of verification of
storage and destruction of these chemical weapons unless the Executive Council
decides otherwise. If the Executive Council decides to limit verification
measures of the Organization pursuant to paragraph 13, the costs of
complementary verification and monitoring by the Organization shall be paid in
accordance with the United Nations scale of assessment, as specified in
Article VIII, paragraph 7.
17. The provisions of this Article and the relevant provisions of Part IV of
the Verification Annex shall not, at the discretion of a State Party, apply to
chemical weapons buried on its territory before 1 January 1977 and which
remain buried, or which had been dumped at sea before 1 January 1985.
ARTICLE V
CHEMICAL WEAPONS PRODUCTION FACILITIES
1. The provisions of this Article and the detailed procedures for its
implementation shall apply to any and all chemical weapons production
facilities owned or possessed by a State Party, or that are located in any
place under its jurisdiction or control.
2. Detailed procedures for the implementation of this Article are set forth in
the Verification Annex.
3. All chemical weapons production facilities specified in paragraph 1 shall
be subject to systematic verification through on-site inspection and
monitoring with on-site instruments in accordance with Part V of the
Verification Annex.
4. Each State Party shall cease immediately all activity at chemical weapons
production facilities specified in paragraph 1, except activity required for
closure.
5. No State Party shall construct any new chemical weapons production
facilities or modify any existing facilities for the purpose of chemical
weapons production or for any other activity prohibited under this Convention.
6. Each State Party shall, immediately after the declaration under Article
III, paragraph 1 (c), has been submitted, provide access to chemical weapons
production facilities specified in paragraph 1, for the purpose of systematic
verification of the declaration through on-site inspection.
7. Each State Party shall:
(a) Close, not later than 90 days after this Convention enters into force
for it, all chemical weapons production facilities specified in paragraph 1,
in accordance with Part V of the Verification Annex, and give notice thereof;
and
(b) Provide access to chemical weapons production facilities specified in
paragraph 1, subsequent to closure, for the purpose of systematic verification
through on-site inspection and monitoring with on-site instruments in order to
ensure that the facility remains closed and is subsequently destroyed.
8. Each State Party shall destroy all chemical weapons production facilities
specified in paragraph 1 and related facilities and equipment, pursuant to the
Verification Annex and in accordance with an agreed rate and sequence of
destruction (hereinafter referred to as "order of destruction"). Such
destruction shall begin not later than one year after this Convention enters
into force for it, and shall finish not later than 10 years after entry into
force of this Convention. A State Party is not precluded from destroying such
facilities at a faster rate.
9. Each State Party shall:
(a) Submit detailed plans for destruction of chemical weapons production
facilities specified in paragraph 1, not later than 180 days before the
destruction of each facility begins;
(b) Submit declarations annually regarding the implementation of its plans
for the destruction of all chemical weapons production facilities specified in
paragraph 1, not later than 90 days after the end of each annual destruction
period; and
(c) Certify, not later than 30 days after the destruction process has been
completed, that all chemical weapons production facilities specified in
paragraph 1 have been destroyed.
10. If a State ratifies or accedes to this Convention after the 10-year period
for destruction set forth in paragraph 8, it shall destroy chemical weapons
production facilities specified in paragraph 1 as soon as possible. The order
of destruction and procedures for stringent verification for such a State
Party shall be determined by the Executive Council.
11. Each State Party, during the destruction of chemical weapons production
facilities, shall assign the highest priority to ensuring the safety of people
and to protecting the environment. Each State Party shall destroy chemical
weapons production facilities in accordance with its national standards for
safety and emissions.
12. Chemical weapons production facilities specified in paragraph 1 may be
temporarily converted for destruction of chemical weapons in accordance with
Part V, paragraphs 18 to 25, of the Verification Annex. Such a converted
facility must be destroyed as soon as it is no longer in use for destruction
of chemical weapons but, in any case, not later than 10 years after entry into
force of this Convention.
13. A State Party may request, in exceptional cases of compelling need,
permission to use a chemical weapons production facility specified in
paragraph 1 for purposes not prohibited under this Convention. Upon the
recommendation of the Executive Council, the Conference of the States Parties
shall decide whether or not to approve the request and shall establish the
conditions upon which approval is contingent in accordance with Part V,
Section D, of the Verification Annex.
14. The chemical weapons production facility shall be converted in such a
manner that the converted facility is not more capable of being reconverted
into a chemical weapons production facility than any other facility used for
industrial, agricultural, research, medical, pharmaceutical or other peaceful
purposes not involving chemicals listed in Schedule 1.
15. All converted facilities shall be subject to systematic verification
through on-site inspection and monitoring with on-site instruments in
accordance with Part V, Section D, of the Verification Annex.
16. In carrying out verification activities pursuant to this Article and Part
V of the Verification Annex, the Organization shall consider measures to avoid
unnecessary duplication of bilateral or multilateral agreements on
verification of chemical weapons production facilities and their destruction
among States Parties.
To this end, the Executive Council shall decide to limit the verification to
measures complementary to those undertaken pursuant to such a bilateral or
multilateral agreement, if it considers that:
(a) Verification provisions of such an agreement are consistent with the
verification provisions of this Article and Part V of the Verification Annex;
(b) Implementation of the agreement provides for sufficient assurance of
compliance with the relevant provisions of this Convention; and
(c) Parties to the bilateral or multilateral agreement keep the Organization
fully informed about their verification activities.
17. If the Executive Council takes a decision pursuant to paragraph 16, the
Organization shall have the right to monitor the implementation of the
bilateral or multilateral agreement.
18. Nothing in paragraphs 16 and 17 shall affect the obligation of a State
Party to make declarations pursuant to Article III, this Article and Part V of
the Verification Annex.
19. Each State Party shall meet the costs of destruction of chemical weapons
production facilities it is obliged to destroy. It shall also meet the costs
of verification under this Article unless the Executive Council decides
otherwise. If the Executive Council decides to limit verification measures of
the Organization pursuant to paragraph 16, the costs of complementary
verification and monitoring by the Organization shall be paid in accordance
with the United Nations scale of assessment, as specified in Article VIII,
paragraph 7.
ARTICLE VI
ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION
1. Each State Party has the right, subject to the provisions of this
Convention, to develop, produce, otherwise acquire, retain, transfer and use
toxic chemicals and their precursors for purposes not prohibited under this
Convention.
2. Each State Party shall adopt the necessary measures to ensure that toxic
chemicals and their precursors are only developed, produced, otherwise
acquired, retained, transferred, or used within its territory or in any other
place under its jurisdiction or control for purposes not prohibited under this
Convention. To this end, and in order to verify that activities are in
accordance with obligations under this Convention, each State Party shall
subject toxic chemicals and their precursors listed in Schedules 1, 2 and 3 of
the Annex on Chemicals, facilities related to such chemicals, and other
facilities as specified in the Verification Annex, that are located on its
territory or in any other place under its jurisdiction or control, to
verification measures as provided in the Verification Annex.
3. Each State Party shall subject chemicals listed in Schedule 1 (hereinafter
referred to as "Schedule 1 chemicals") to the prohibitions on production,
acquisition, retention, transfer and use as specified in Part VI of the
Verification Annex. It shall subject Schedule 1 chemicals and facilities
specified in Part VI of the Verification Annex to systematic verification
through on-site inspection and monitoring with on-site instruments in
accordance with that Part of the Verification Annex.
4. Each State Party shall subject chemicals listed in Schedule 2 (hereinafter
referred to as "Schedule 2 chemicals") and facilities specified in Part VII of
the Verification Annex to data monitoring and on-site verification in
accordance with that Part of the Verification Annex.
5. Each State Party shall subject chemicals listed in Schedule 3 (hereinafter
referred to as "Schedule 3 chemicals") and facilities specified in Part VIII
of the Verification Annex to data monitoring and on-site verification in
accordance with that Part of the Verification Annex.
6. Each State Party shall subject facilities specified in Part IX of the
Verification Annex to data monitoring and eventual on-site verification in
accordance with that Part of the Verification Annex unless decided otherwise
by the Conference of the States Parties pursuant to Part IX, paragraph 22, of
the Verification Annex.
7. Not later than 30 days after this Convention enters into force for it, each
State Party shall make an initial declaration on relevant chemicals and
facilities in accordance with the Verification Annex.
8. Each State Party shall make annual declarations regarding the relevant
chemicals and facilities in accordance with the Verification Annex.
9. For the purpose of on-site verification, each State Party shall grant to
the inspectors access to facilities as required in the Verification Annex.
10. In conducting verification activities, the Technical Secretariat shall
avoid undue intrusion into the State Party's chemical activities for purposes
not prohibited under this Convention and, in particular, abide by the
provisions set forth in the Annex on the Protection of Confidential
Information (hereinafter referred to as "Confidentiality Annex").
11. The provisions of this Article shall be implemented in a manner which
avoids hampering the economic or technological development of States Parties,
and international cooperation in the field of chemical activities for purposes
not prohibited under this Convention including the international exchange of
scientific and technical information and chemicals and equipment for the
production, processing or use of chemicals for purposes not prohibited under
this Convention.
ARTICLE VII
NATIONAL IMPLEMENTATION MEASURES
General undertakings
1. Each State Party shall, in accordance with its constitutional processes,
adopt the necessary measures to implement its obligations under this
Convention. In particular, it shall:
(a) Prohibit natural and legal persons anywhere on its territory or in any
other place under its jurisdiction as recognized by international law from
undertaking any activity prohibited to a State Party under this Convention,
including enacting penal legislation with respect to such activity;
(b) Not permit in any place under its control any activity prohibited to a
State Party under this Convention; and
(c) Extend its penal legislation enacted under subparagraph (a) to any
activity prohibited to a State Party under this Convention undertaken anywhere
by natural persons, possessing its nationality, in conformity with
international law.
2. Each State Party shall cooperate with other States Parties and afford the
appropriate form of legal assistance to facilitate the implementation of the
obligations under paragraph 1.
3. Each State Party, during the implementation of its obligations under this
Convention, shall assign the highest priority to ensuring the safety of people
and to protecting the environment, and shall cooperate as appropriate with
other State Parties in this regard.
Relations between the State Party and the Organization
4. In order to fulfil its obligations under this Convention, each State Party
shall designate or establish a National Authority to serve as the national
focal point for effective liaison with the Organization and other States
Parties. Each State Party shall notify the Organization of its National
Authority at the time that this Convention enters into force for it.
5. Each State Party shall inform the Organization of the legislative and
administrative measures taken to implement this Convention.
6. Each State Party shall treat as confidential and afford special handling to
information and data that it receives in confidence from the Organization in
connection with the implementation of this Convention. It shall treat such
information and data exclusively in connection with its rights and obligations
under this Convention and in accordance with the provisions set forth in the
Confidentiality Annex.
7. Each State Party undertakes to cooperate with the Organization in the
exercise of all its functions and in particular to provide assistance to the
Technical Secretariat.
ARTICLE VIII
THE ORGANIZATION
A. GENERAL PROVISIONS
1. The States Parties to this Convention hereby establish the Organization for
the Prohibition of Chemical Weapons to achieve the object and purpose of this
Convention, to ensure the implementation of its provisions, including those
for international verification of compliance with it, and to provide a forum
for consultation and cooperation among States Parties.
2. All States Parties to this Convention shall be members of the Organization.
A State Party shall not be deprived of its membership in the Organization.
3. The seat of the Headquarters of the Organization shall be The Hague,
Kingdom of the Netherlands.
4. There are hereby established as the organs of the Organization: the
Conference of the States Parties, the Executive Council, and the Technical
Secretariat.
5. The Organization shall conduct its verification activities provided for
under this Convention in the least intrusive manner possible consistent with
the timely and efficient accomplishment of their objectives. It shall request
only the information and data necessary to fulfil its responsibilities under
this Convention. It shall take every precaution to protect the confidentiality
of information on civil and military activities and facilities coming to its
knowledge in the implementation of this Convention and, in particular, shall
abide by the provisions set forth in the Confidentiality Annex.
6. In undertaking its verification activities the Organization shall consider
measures to make use of advances in science and technology.
7. The costs of the Organization's activities shall be paid by States Parties
in accordance with the United Nations scale of assessment adjusted to take
into account differences in membership between the United Nations and this
Organization, and subject to the provisions of Articles IV and V. Financial
contributions of States Parties to the Preparatory Commission shall be
deducted in an appropriate way from their contributions to the regular budget.
The budget of the Organization shall comprise two separate chapters, one
relating to administrative and other costs, and one relating to verification
costs.
8. A member of the Organization which is in arrears in the payment of its
financial contribution to the Organization shall have no vote in the
Organization if the amount of its arrears equals or exceeds the amount of the
contribution due from it for the preceding two full years. The Conference of
the States Parties may, nevertheless, permit such a member to vote if it is
satisfied that the failure to pay is due to conditions beyond the control of
the member.
B. THE CONFERENCE OF THE STATES PARTIES
Composition, procedures and decision-making
9. The Conference of the States Parties (hereinafter referred to as "the
Conference") shall be composed of all members of this Organization. Each
member shall have one representative in the Conference, who may be accompanied
by alternates and advisers.
10. The first session of the Conference shall be convened by the depositary
not later than 30 days after the entry into force of this Convention.
11. The Conference shall meet in regular sessions which shall be held annually
unless it decides otherwise.
12. Special sessions of the Conference shall be convened:
(a) When decided by the Conference;
(b) When requested by the Executive Council;
(c) When requested by any member and supported by one third of the members;
or
(d) In accordance with paragraph 22 to undertake reviews of the operation of
this Convention.
Except in the case of subparagraph (d), the special session shall be convened
not later than 30 days after receipt of the request by the Director-General of
the Technical Secretariat, unless specified otherwise in the request.
13. The Conference shall also be convened in the form of an Amendment
Conference in accordance with Article XV, paragraph 2.
14. Sessions of the Conference shall take place at the seat of the
Organization unless the Conference decides otherwise.
15. The Conference shall adopt its rules of procedure. At the beginning of
each regular session, it shall elect its Chairman and such other officers as
may be required. They shall hold office until a new Chairman and other
officers are elected at the next regular session.
16. A majority of the members of the Organization shall constitute a quorum
for the Conference.
17. Each member of the Organization shall have one vote in the Conference.
18. The Conference shall take decisions on questions of procedure by a simple
majority of the members present and voting. Decisions on matters of substance
should be taken as far as possible by consensus. If consensus is not
attainable when an issue comes up for decision, the Chairman shall defer any
vote for 24 hours and during this period of deferment shall make every effort
to facilitate achievement of consensus, and shall report to the Conference
before the end of this period. If consensus is not possible at the end of 24
hours, the Conference shall take the decision by a two-thirds majority of
members present and voting unless specified otherwise in this Convention.
When the issue arises as to whether the question is one of substance or not,
that question shall be treated as a matter of substance unless otherwise
decided by the Conference by the majority required for decisions on matters of
substance.
Powers and functions
19. The Conference shall be the principal organ of the Organization. It shall
consider any questions, matters or issues within the scope of this Convention,
including those relating to the powers and functions of the Executive Council
and the Technical Secretariat. It may make recommendations and take decisions
on any questions, matters or issues related to this Convention raised by a
State Party or brought to its attention by the Executive Council.
20. The Conference shall oversee the implementation of this Convention, and
act in order to promote its object and purpose. The Conference shall review
compliance with this Convention. It shall also oversee the activities of the
Executive Council and the Technical Secretariat and may issue guidelines in
accordance with this Convention to either of them in the exercise of their
functions.
21. The Conference shall:
(a) Consider and adopt at its regular sessions the report, programme and
budget of the Organization, submitted by the Executive Council, as well as
consider other reports;
(b) Decide on the scale of financial contributions to be paid by States
Parties in accordance with paragraph 7;
(c) Elect the members of the Executive Council;
(d) Appoint the Director-General of the Technical Secretariat (hereinafter
referred to as "the Director-General");
(e) Approve the rules of procedure of the Executive Council submitted by the
latter;
(f) Establish such subsidiary organs as it finds necessary for the exercise
of its functions in accordance with this Convention;
(g) Foster international cooperation for peaceful purposes in the field of
chemical activities;
(h) Review scientific and technological developments that could affect the
operation of this Convention and, in this context, direct the Director-General
to establish a Scientific Advisory Board to enable him, in the performance of
his functions, to render specialized advice in areas of science and technology
relevant to this Convention, to the Conference, the Executive Council or
States Parties. The Scientific Advisory Board shall be composed of independent
experts appointed in accordance with terms of reference adopted by the
Conference;
(i) Consider and approve at its first session any draft agreements,
provisions and guidelines developed by the Preparatory Commission;
(j) Establish at its first session the voluntary fund for assistance in
accordance with Article X;
(k) Take the necessary measures to ensure compliance with this Convention
and to redress and remedy any situation which contravenes the provisions of
this Convention, in accordance with Article XII.
22. The Conference shall not later than one year after the expiry of the fifth
and the tenth year after the entry into force of this Convention, and at such
other times within that time period as may be decided upon, convene in special
sessions to undertake reviews of the operation of this Convention. Such
reviews shall take into account any relevant scientific and technological
developments. At intervals of five years thereafter, unless otherwise decided
upon, further sessions of the Conference shall be convened with the same
objective.
C. THE EXECUTIVE COUNCIL
Composition, procedure and decision-making
23. The Executive Council shall consist of 41 members. Each State Party shall
have the right, in accordance with the principle of rotation, to serve on the
Executive Council. The members of the Executive Council shall be elected by
the Conference for a term of two years. In order to ensure the effective
functioning of this Convention, due regard being specially paid to equitable
geographical distribution, to the importance of chemical industry, as well as
to political and security interests, the Executive Council shall be composed
as follows:
(a) Nine States Parties from Africa to be designated by States Parties
located in this region. As a basis for this designation it is understood that,
out of these nine States Parties, three members shall, as a rule, be the
States Parties with the most significant national chemical industry in the
region as determined by internationally reported and published data; in
addition, the regional group shall agree also to take into account other
regional factors in designating these three members;
(b) Nine States Parties from Asia to be designated by States Parties located
in this region. As a basis for this designation it is understood that, out of
these nine States Parties, four members shall, as a rule, be the States
Parties with the most significant national chemical industry in the region as
determined by internationally reported and published data; in addition, the
regional group shall agree also to take into account other regional factors in
designating these four members;
(c) Five States Parties from Eastern Europe to be designated by States
Parties located in this region. As a basis for this designation it is
understood that, out of these five States Parties, one member shall, as a
rule, be the State Party with the most significant national chemical industry
in the region as determined by internationally reported and published data; in
addition, the regional group shall agree also to take into account other
regional factors in designating this one member;
(d) Seven States Parties from Latin America and the Caribbean to be
designated by States Parties located in this region. As a basis for this
designation it is understood that, out of these seven States Parties, three
members shall, as a rule, be the States Parties with the most significant
national chemical industry in the region as determined by internationally
reported and published data; in addition, the regional group shall agree also
to take into account other regional factors in designating these three
members;
(e) Ten States Parties from among Western European and other States to be
designated by States Parties located in this region. As a basis for this
designation it is understood that, out of these 10 States Parties, 5 members
shall, as a rule, be the States Parties with the most significant national
chemical industry in the region as determined by internationally reported and
published data; in addition, the regional group shall agree also to take into
account other regional factors in designating these five members;
(f) One further State Party to be designated consecutively by States Parties
located in the regions of Asia and Latin America and the Caribbean. As a basis
for this designation it is understood that this State Party shall be a
rotating member from these regions.
24. For the first election of the Executive Council 20 members shall be
elected for a term of one year, due regard being paid to the established
numerical proportions as described in paragraph 23.
25. After the full implementation of Articles IV and V the Conference may,
upon the request of a majority of the members of the Executive Council, review
the composition of the Executive Council taking into account developments
related to the principles specified in paragraph 23 that are governing its
composition.
26. The Executive Council shall elaborate its rules of procedure and submit
them to the Conference for approval.
27. The Executive Council shall elect its Chairman from among its members.
28. The Executive Council shall meet for regular sessions. Between regular
sessions it shall meet as often as may be required for the fulfilment of its
powers and functions.
29. Each member of the Executive Council shall have one vote. Unless otherwise
specified in this Convention, the Executive Council shall take decisions on
matters of substance by a two-thirds majority of all its members. The
Executive Council shall take decisions on questions of procedure by a simple
majority of all its members. When the issue arises as to whether the question
is one of substance or not, that question shall be treated as a matter of
substance unless otherwise decided by the Executive Council by the majority
required for decisions on matters of substance.
Powers and functions
30. The Executive Council shall be the executive organ of the Organization. It
shall be responsible to the Conference. The Executive Council shall carry out
the powers and functions entrusted to it under this Convention, as well as
those functions delegated to it by the Conference. In so doing, it shall act
in conformity with the recommendations, decisions and guidelines of the
Conference and assure their proper and continuous implementation.
31. The Executive Council shall promote the effective implementation of, and
compliance with, this Convention. It shall supervise the activities of the
Technical Secretariat, cooperate with the National Authority of each State
Party and facilitate consultations and cooperation among States Parties at
their request.
32. The Executive Council shall:
(a) Consider and submit to the Conference the draft programme and budget of
the Organization;
(b) Consider and submit to the Conference the draft report of the
Organization on the implementation of this Convention, the report on the
performance of its own activities and such special reports as it deems
necessary or which the Conference may request;
(c) Make arrangements for the sessions of the Conference including the
preparation of the draft agenda.
33. The Executive Council may request the convening of a special session of
the Conference.
34. The Executive Council shall:
(a) Conclude agreements or arrangements with States and international
organizations on behalf of the Organization, subject to prior approval by the
Conference;
(b) Conclude agreements with States Parties on behalf of the Organization in
connection with Article X and supervise the voluntary fund referred to in
Article X;
(c) Approve agreements or arrangements relating to the implementation of
verification activities, negotiated by the Technical Secretariat with States
Parties.
35. The Executive Council shall consider any issue or matter within its
competence affecting this Convention and its implementation, including
concerns regarding compliance, and cases of non-compliance, and, as
appropriate, inform States Parties and bring the issue or matter to the
attention of the Conference.
36. In its consideration of doubts or concerns regarding compliance and cases
of non-compliance, including, inter alia, abuse of the rights provided for
under this Convention, the Executive Council shall consult with the States
Parties involved and, as appropriate, request the State Party to take measures
to redress the situation within a specified time. To the extent that the
Executive Council considers further action to be necessary, it shall take,
inter alia, one or more of the following measures:
(a) Inform all States Parties of the issue or matter;
(b) Bring the issue or matter to the attention of the Conference;
(c) Make recommendations to the Conference regarding measures to redress the
situation and to ensure compliance.
The Executive Council shall, in cases of particular gravity and urgency, bring
the issue or matter, including relevant information and conclusions, directly
to the attention of the United Nations General Assembly and the United Nations
Security Council. It shall at the same time inform all States Parties of this
step.
D. THE TECHNICAL SECRETARIAT
37. The Technical Secretariat shall assist the Conference and the Executive
Council in the performance of their functions. The Technical Secretariat shall
carry out the verification measures provided for in this Convention. It shall
carry out the other functions entrusted to it under this Convention as well as
those functions delegated to it by the Conference and the Executive Council.
38. The Technical Secretariat shall:
(a) Prepare and submit to the Executive Council the draft programme and
budget of the Organization;
(b) Prepare and submit to the Executive Council the draft report of the
Organization on the implementation of this Convention and such other reports
as the Conference or the Executive Council may request;
(c) Provide administrative and technical support to the Conference, the
Executive Council and subsidiary organs;
(d) Address and receive communications on behalf of the Organization to and
from States Parties on matters pertaining to the implementation of this
Convention;
(e) Provide technical assistance and technical evaluation to States Parties
in the implementation of the provisions of this Convention, including
evaluation of scheduled and unscheduled chemicals.
39. The Technical Secretariat shall:
(a) Negotiate agreements or arrangements relating to the implementation of
verification activities with States Parties, subject to approval by the
Executive Council;
(b) Not later than 180 days after entry into force of this Convention,
coordinate the establishment and maintenance of permanent stockpiles of
emergency and humanitarian assistance by States Parties in accordance with
Article X, paragraphs 7 (b) and (c). The Technical Secretariat may inspect the
items maintained for serviceability. Lists of items to be stockpiled shall be
considered and approved by the Conference pursuant to paragraph 21(i) above;
(c) Administer the voluntary fund referred to in Article X, compile
declarations made by the States Parties and register, when requested,
bilateral agreements concluded between States Parties or between a State Party
and the Organization for the purposes of Article X.
40. The Technical Secretariat shall inform the Executive Council of any
problem that has arisen with regard to the discharge of its functions,
including doubts, ambiguities or uncertainties about compliance with this
Convention that have come to its notice in the performance of its verification
activities and that it has been unable to resolve or clarify through its
consultations with the State Party concerned.
41. The Technical Secretariat shall comprise a Director-General, who shall be
its head and chief administrative officer, inspectors and such scientific,
technical and other personnel as may be required.
42. The Inspectorate shall be a unit of the Technical Secretariat and shall
act under the supervision of the Director-General.
43. The Director-General shall be appointed by the Conference upon the
recommendation of the Executive Council for a term of four years, renewable
for one further term, but not thereafter.
44. The Director-General shall be responsible to the Conference and the
Executive Council for the appointment of the staff and the organization and
functioning of the Technical Secretariat. The paramount consideration in the
employment of the staff and in the determination of the conditions of service
shall be the necessity of securing the highest standards of efficiency,
competence and integrity. Only citizens of States Parties shall serve as the
Director-General, as inspectors or as other members of the professional and
clerical staff. Due regard shall be paid to the importance of recruiting the
staff on as wide a geographical basis as possible. Recruitment shall be guided
by the principle that the staff shall be kept to a minimum necessary for the
proper discharge of the responsibilities of the Technical Secretariat.
45. The Director-General shall be responsible for the organization and
functioning of the Scientific Advisory Board referred to in paragraph 21 (h).
The Director-General shall, in consultation with States Parties, appoint
members of the Scientific Advisory Board, who shall serve in their individual
capacity. The members of the Board shall be appointed on the basis of their
expertise in the particular scientific fields relevant to the implementation
of this Convention. The Director-General may also, as appropriate, in
consultation with members of the Board, establish temporary working groups of
scientific experts to provide recommendations on specific issues. In regard to
the above, States Parties may submit lists of experts to the Director-General.
46. In the performance of their duties, the Director-General, the inspectors
and the other members of the staff shall not seek or receive instructions from
any Government or from any other source external to the Organization. They
shall refrain from any action that might reflect on their positions as
international officers responsible only to the Conference and the Executive
Council.
47. Each State Party shall respect the exclusively international character of
the responsibilities of the Director-General, the inspectors and the other
members of the staff and not seek to influence them in the discharge of their
responsibilities.
E. PRIVILEGES AND IMMUNITIES
48. The Organization shall enjoy on the territory and in any other place under
the jurisdiction or control of a State Party such legal capacity and such
privileges and immunities as are necessary for the exercise of its functions.
49. Delegates of States Parties, together with their alternates and advisers,
representatives appointed to the Executive Council together with their
alternates and advisers, the Director-General and the staff of the
Organization shall enjoy such privileges and immunities as are necessary in
the independent exercise of their functions in connection with the
Organization.
50. The legal capacity, privileges, and immunities referred to in this Article
shall be defined in agreements between the Organization and the States Parties
as well as in an agreement between the Organization and the State in which the
headquarters of the Organization is seated. These agreements shall be
considered and approved by the Conference pursuant to paragraph 21 (i).
51. Notwithstanding paragraphs 48 and 49, the privileges and immunities
enjoyed by the Director-General and the staff of the Technical Secretariat
during the conduct of verification activities shall be those set forth in Part
II, Section B, of the Verification Annex.
ARTICLE IX
CONSULTATIONS, COOPERATION AND FACT-FINDING
1. States Parties shall consult and cooperate, directly among themselves, or
through the Organization or other appropriate international procedures,
including procedures within the framework of the United Nations and in
accordance with its Charter, on any matter which may be raised relating to the
object and purpose, or the implementation of the provisions, of this
Convention.
2. Without prejudice to the right of any State Party to request a challenge
inspection, States Parties should, whenever possible, first make every effort
to clarify and resolve, through exchange of information and consultations
among themselves, any matter which may cause doubt about compliance with this
Convention, or which gives rise to concerns about a related matter which may
be considered ambiguous. A State Party which receives a request from another
State Party for clarification of any matter which the requesting State Party
believes causes such a doubt or concern shall provide the requesting State
Party as soon as possible, but in any case not later than 10 days after the
request, with information sufficient to answer the doubt or concern raised
along with an explanation of how the information provided resolves the matter.
Nothing in this Convention shall affect the right of any two or more States
Parties to arrange by mutual consent for inspections or any other procedures
among themselves to clarify and resolve any matter which may cause doubt about
compliance or gives rise to a concern about a related matter which may be
considered ambiguous. Such arrangements shall not affect the rights and
obligations of any State Party under other provisions of this Convention.
Procedure for requesting clarification
3. A State Party shall have the right to request the Executive Council to
assist in clarifying any situation which may be considered ambiguous or which
gives rise to a concern about the possible non-compliance of another State
Party with this Convention. The Executive Council shall provide appropriate
information in its possession relevant to such a concern.
4. A State Party shall have the right to request the Executive Council to
obtain clarification from another State Party on any situation which may be
considered ambiguous or which gives rise to a concern about its possible
non-compliance with this Convention. In such a case, the following shall
apply:
(a) The Executive Council shall forward the request for clarification to the
State Party concerned through the Director-General not later than 24 hours
after its receipt;
(b) The requested State Party shall provide the clarification to the
Executive Council as soon as possible, but in any case not later than 10 days
after the receipt of the request;
(c) The Executive Council shall take note of the clarification and forward
it to the requesting State Party not later than 24 hours after its receipt;
(d) If the requesting State Party deems the clarification to be inadequate,
it shall have the right to request the Executive Council to obtain from the
requested State Party further clarification;
(e) For the purpose of obtaining further clarification requested under
subparagraph (d), the Executive Council may call on the Director-General to
establish a group of experts from the Technical Secretariat, or if appropriate
staff are not available in the Technical Secretariat, from elsewhere, to
examine all available information and data relevant to the situation causing
the concern. The group of experts shall submit a factual report to the
Executive Council on its findings;
(f) If the requesting State Party considers the clarification obtained under
subparagraphs (d) and (e) to be unsatisfactory, it shall have the right to
request a special session of the Executive Council in which States Parties
involved that are not members of the Executive Council shall be entitled to
take part. In such a special session, the Executive Council shall consider the
matter and may recommend any measure it deems appropriate to resolve the
situation.
5. A State Party shall also have the right to request the Executive Council to
clarify any situation which has been considered ambiguous or has given rise to
a concern about its possible non-compliance with this Convention. The
Executive Council shall respond by providing such assistance as appropriate.
6. The Executive Council shall inform the States Parties about any request for
clarification provided in this Article.
7. If the doubt or concern of a State Party about a possible non-compliance
has not been resolved within 60 days after the submission of the request for
clarification to the Executive Council, or it believes its doubts warrant
urgent consideration, notwithstanding its right to request a challenge
inspection, it may request a special session of the Conference in accordance
with Article VIII, paragraph 12 (c). At such a special session, the Conference
shall consider the matter and may recommend any measure it deems appropriate
to resolve the situation.
Procedures for challenge inspections
8. Each State Party has the right to request an on-site challenge inspection
of any facility or location in the territory or in any other place under the
jurisdiction or control of any other State Party for the sole purpose of
clarifying and resolving any questions concerning possible non-compliance with
the provisions of this Convention, and to have this inspection conducted
anywhere without delay by an inspection team designated by the
Director-General and in accordance with the Verification Annex.
9. Each State Party is under the obligation to keep the inspection request
within the scope of this Convention and to provide in the inspection request
all appropriate information on the basis of which a concern has arisen
regarding possible non-compliance with this Convention as specified in the
Verification Annex. Each State Party shall refrain from unfounded inspection
requests, care being taken to avoid abuse. The challenge inspection shall be
carried out for the sole purpose of determining facts relating to the possible
non-compliance.
10. For the purpose of verifying compliance with the provisions of this
Convention, each State Party shall permit the Technical Secretariat to conduct
the on-site challenge inspection pursuant to paragraph 8.
11. Pursuant to a request for a challenge inspection of a facility or
location, and in accordance with the procedures provided for in the
Verification Annex, the inspected State Party shall have.
(a) The right and the obligation to make every reasonable effort to
demonstrate its compliance with this Convention and, to this end, to enable
the inspection team to fulfil its mandate;
(b) The obligation to provide access within the requested site for the sole
purpose of establishing facts relevant to the concern regarding possible
non-compliance; and
(c) The right to take measures to protect sensitive installations, and to
prevent disclosure of confidential information and data, not related to this
Convention.
12. With regard to an observer, the following shall apply:
(a) The requesting State Party may, subject to the agreement of the
inspected State Party, send a representative who may be a national either of
the requesting State Party or of a third State Party, to observe the conduct
of the challenge inspection.
(b) The inspected State Party shall then grant access to the observer in
accordance with the Verification Annex.
(c) The inspected State Party shall, as a rule, accept the proposed
observer, but if the inspected State Party exercises a refusal, that fact
shall be recorded in the final report.
13. The requesting State Party shall present an inspection request for an
on-site challenge inspection to the Executive Council and at the same time to
the Director-General for immediate processing.
14. The Director-General shall immediately ascertain that the inspection
request meets the requirements specified in Part X, paragraph 4, of the
Verification Annex, and, if necessary, assist the requesting State Party in
filing the inspection request accordingly. When the inspection request fulfils
the requirements, preparations for the challenge inspection shall begin.
15. The Director-General shall transmit the inspection request to the
inspected State Party not less than 12 hours before the planned arrival of the
inspection team at the point of entry.
16. After having received the inspection request, the Executive Council shall
take cognizance of the Director-General's actions on the request and shall
keep the case under its consideration throughout the inspection procedure.
However, its deliberations shall not delay the inspection process.
17. The Executive Council may, not later than 12 hours after having received
the inspection request, decide by a three-quarter majority of all its members
against carrying out the challenge inspection, if it considers the inspection
request to be frivolous, abusive or clearly beyond the scope of this
Convention as described in paragraph 8. Neither the requesting nor the
inspected State Party shall participate in such a decision. If the Executive
Council decides against the challenge inspection, preparations shall be
stopped, no further action on the inspection request shall be taken, and the
States Parties concerned shall be informed accordingly.
18. The Director-General shall issue an inspection mandate for the conduct of
the challenge inspection. The inspection mandate shall be the inspection
request referred to in paragraphs 8 and 9 put into operational terms, and
shall conform with the inspection request.
19. The challenge inspection shall be conducted in accordance with Part X or,
in the case of alleged use, in accordance with Part XI of the Verification
Annex. The inspection team shall be guided by the principle of conducting the
challenge inspection in the least intrusive manner possible, consistent with
the effective and timely accomplishment of its mission.
20. The inspected State Party shall assist the inspection team throughout the
challenge inspection and facilitate its task. If the inspected State Party
proposes, pursuant to Part X, Section C, of the Verification Annex,
arrangements to demonstrate compliance with this Convention, alternative to
full and comprehensive access, it shall make every reasonable effort, through
consultations with the inspection team, to reach agreement on the modalities
for establishing the facts with the aim of demonstrating its compliance.
21. The final report shall contain the factual findings as well as an
assessment by the inspection team of the degree and nature of access and
cooperation granted for the satisfactory implementation of the challenge
inspection. The Director-General shall promptly transmit the final report of
the inspection team to the requesting State Party, to the inspected State
Party, to the Executive Council and to all other States Parties. The
Director-General shall further transmit promptly to the Executive Council the
assessments of the requesting and of the inspected States Parties, as well as
the views of other States Parties which may be conveyed to the
Director-General for that purpose, and then provide them to all States
Parties.
22. The Executive Council shall, in accordance with its powers and functions,
review the final report of the inspection team as soon as it is presented, and
address any concerns as to:
(a) Whether any non-compliance has occurred;
(b) Whether the request had been within the scope of this Convention; and
(c) Whether the right to request a challenge inspection had been abused.
23. If the Executive Council reaches the conclusion, in keeping with its
powers and functions, that further action may be necessary with regard to
paragraph 22, it shall take the appropriate measures to redress the situation
and to ensure compliance with this Convention, including specific
recommendations to the Conference. In the case of abuse, the Executive Council
shall examine whether the requesting State Party should bear any of the
financial implications of the challenge inspection.
24. The requesting State Party and the inspected State Party shall have the
right to participate in the review process. The Executive Council shall inform
the States Parties and the next session of the Conference of the outcome of
the process.
25. If the Executive Council has made specific recommendations to the
Conference, the Conference shall consider action in accordance with Article
XII.
ARTICLE X
ASSISTANCE AND PROTECTION AGAINST CHEMICAL WEAPONS
1. For the purposes of this Article, "Assistance" means the coordination and
delivery to States Parties of protection against chemical weapons, including,
inter alia, the following: detection equipment and alarm systems; protective
equipment; decontamination equipment and decontaminants; medical antidotes and
treatments; and advice on any of these protective measures.
2. Nothing in this Convention shall be interpreted as impeding the right of
any State Party to conduct research into, develop, produce, acquire, transfer
or use means of protection against chemical weapons, for purposes not
prohibited under this Convention.
3. Each State Party undertakes to facilitate, and shall have the right to
participate in, the fullest possible exchange of equipment, material and
scientific and technological information concerning means of protection
against chemical weapons.
4. For the purposes of increasing the transparency of national programmes
related to protective purposes, each State Party shall provide annually to the
Technical Secretariat information on its programme, in accordance with
procedures to be considered and approved by the Conference pursuant to Article
VIII, paragraph 21 (i).
5. The Technical Secretariat shall establish, not later than 180 days after
entry into force of this Convention and maintain, for the use of any
requesting State Party, a data bank containing freely available information
concerning various means of protection against chemical weapons as well as
such information as may be provided by States Parties.
The Technical Secretariat shall also, within the resources available to it,
and at the request of a State Party, provide expert advice and assist the
State Party in identifying how its programmes for the development and
improvement of a protective capacity against chemical weapons could be
implemented.
6. Nothing in this Convention shall be interpreted as impeding the right of
States Parties to request and provide assistance bilaterally and to conclude
individual agreements with other States Parties concerning the emergency
procurement of assistance.
7. Each State Party undertakes to provide assistance through the Organization
and to this end to elect to take one or more of the following measures:
(a) To contribute to the voluntary fund for assistance to be established by
the Conference at its first session;
(b) To conclude, if possible not later than 180 days after this Convention
enters into force for it, agreements with the Organization concerning the
procurement, upon demand, of assistance;
(c) To declare, not later than 180 days after this Convention enters into
force for it, the kind of assistance it might provide in response to an appeal
by the Organization. If, however, a State Party subsequently is unable to
provide the assistance envisaged in its declaration, it is still under the
obligation to provide assistance in accordance with this paragraph.
8. Each State Party has the right to request and, subject to the procedures
set forth in paragraphs 9, 10 and 11, to receive assistance and protection
against the use or threat of use of chemical weapons if it considers that:
(a) Chemical weapons have been used against it;
(b) Riot control agents have been used against it as a method of warfare; or
(c) It is threatened by actions or activities of any State that are
prohibited for States Parties by Article I.
9. The request, substantiated by relevant information, shall be submitted to
the Director-General, who shall transmit it immediately to the Executive
Council and to all States Parties. The Director-General shall immediately
forward the request to States Parties which have volunteered, in accordance
with paragraphs 7 (b) and (c), to dispatch emergency assistance in case of use
of chemical weapons or use of riot control agents as a method of warfare, or
humanitarian assistance in case of serious threat of use of chemical weapons
or serious threat of use of riot control agents as a method of warfare to the
State Party concerned not later than 12 hours after receipt of the request.
The Director-General shall initiate, not later than 24 hours after receipt of
the request, an investigation in order to provide foundation for further
action. He shall complete the investigation within 72 hours and forward a
report to the Executive Council. If additional time is required for completion
of the investigation, an interim report shall be submitted within the same
time-frame. The additional time required for investigation shall not exceed 72
hours. It may, however, be further extended by similar periods. Reports at the
end of each additional period shall be submitted to the Executive Council. The
investigation shall, as appropriate and in conformity with the request and the
information accompanying the request, establish relevant facts related to the
request as well as the type and scope of supplementary assistance and
protection needed.
10. The Executive Council shall meet not later than 24 hours after receiving
an investigation report to consider the situation and shall take a decision by
simple majority within the following 24 hours on whether to instruct the
Technical Secretariat to provide supplementary assistance. The Technical
Secretariat shall immediately transmit to all States Parties and relevant
international organizations the investigation report and the decision taken by
the Executive Council. When so decided by the Executive Council, the
Director-General shall provide assistance immediately. For this purpose, the
Director-General may cooperate with the requesting State Party, other States
Parties and relevant international organizations. The States Parties shall
make the fullest possible efforts to provide assistance.
11. If the information available from the ongoing investigation or other
reliable sources would give sufficient proof that there are victims of use of
chemical weapons and immediate action is indispensable, the Director-General
shall notify all States Parties and shall take emergency measures of
assistance, using the resources the Conference has placed at his disposal for
such contingencies. The Director-General shall keep the Executive Council
informed of actions undertaken pursuant to this paragraph.
ARTICLE XI
ECONOMIC AND TECHNOLOGICAL DEVELOPMENT
1. The provisions of this Convention shall be implemented in a manner which
avoids hampering the economic or technological development of States Parties,
and international cooperation in the field of chemical activities for purposes
not prohibited under this Convention including the international exchange of
scientific and technical information and chemicals and equipment for the
production, processing or use of chemicals for purposes not prohibited under
this Convention.
2. Subject to the provisions of this Convention and without prejudice to the
principles and applicable rules of international law, the States Parties
shall:
(a) Have the right, individually or collectively, to conduct research with,
to develop, produce, acquire, retain, transfer, and use chemicals;
(b) Undertake to facilitate, and have the right to participate in, the
fullest possible exchange of chemicals, equipment and scientific and technical
information relating to the development and application of chemistry for
purposes not prohibited under this Convention;
(c) Not maintain among themselves any restrictions, including those in any
international agreements, incompatible with the obligations undertaken under
this Convention, which would restrict or impede trade and the development and
promotion of scientific and technological knowledge in the field of chemistry
for industrial, agricultural, research, medical, pharmaceutical or other
peaceful purposes;
(d) Not use this Convention as grounds for applying any measures other than
those provided for, or permitted, under this Convention nor use any other
international agreement for pursuing an objective inconsistent with this
Convention;
(e) Undertake to review their existing national regulations in the field of
trade in chemicals in order to render them consistent with the object and
purpose of this Convention.
ARTICLE XII
MEASURES TO REDRESS A SITUATION
AND TO ENSURE COMPLIANCE, INCLUDING SANCTIONS
1. The Conference shall take the necessary measures, as set forth in
paragraphs 2, 3 and 4, to ensure compliance with this Convention and to
redress and remedy any situation which contravenes the provisions of this
Convention. In considering action pursuant to this paragraph, the Conference
shall take into account all information and recommendations on the issues
submitted by the Executive Council.
2. In cases where a State Party has been requested by the Executive Council to
take measures to redress a situation raising problems with regard to its
compliance, and where the State Party fails to fulfil the request within the
specified time, the Conference may, inter alia, upon the recommendation of the
Executive Council, restrict or suspend the State Party's rights and privileges
under this Convention until it undertakes the necessary action to conform with
its obligations under this Convention.
3. In cases where serious damage to the object and purpose of this Convention
may result from activities prohibited under this Convention, in particular by
Article I, the Conference may recommend collective measures to States Parties
in conformity with international law.
4. The Conference shall, in cases of particular gravity, bring the issue,
including relevant information and conclusions, to the attention of the United
Nations General Assembly and the United Nations Security Council.
ARTICLE XIII
RELATION TO OTHER INTERNATIONAL AGREEMENTS
Nothing in this Convention shall be interpreted as in any way limiting or
detracting from the obligations assumed by any State under the Protocol for
the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases,
and of Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925,
and under the Convention on the Prohibition of the Development, Production and
Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their
Destruction, signed at London, Moscow and Washington on 10 April 1972.
ARTICLE XIV
SETTLEMENT OF DISPUTES
1. Disputes that may arise concerning the application or the interpretation of
this Convention shall be settled in accordance with the relevant provisions of
this Convention and in conformity with the provisions of the Charter of the
United Nations.
2. When a dispute arises between two or more States Parties, or between one or
more States Parties and the Organization, relating to the interpretation or
application of this Convention, the parties concerned shall consult together
with a view to the expeditious settlement of the dispute by negotiation or by
other peaceful means of the parties' choice, including recourse to appropriate
organs of this Convention and, by mutual consent, referral to the
International Court of Justice in conformity with the Statute of the Court.
The States Parties involved shall keep the Executive Council informed of
actions being taken.
3. The Executive Council may contribute to the settlement of a dispute by
whatever means it deems appropriate, including offering its good offices,
calling upon the States Parties to a dispute to start the settlement process
of their choice and recommending a time-limit for any agreed procedure.
4. The Conference shall consider questions related to disputes raised by
States Parties or brought to its attention by the Executive Council. The
Conference shall, as it finds necessary, establish or entrust organs with
tasks related to the settlement of these disputes in conformity with Article
VIII, paragraph 21 (f).
5. The Conference and the Executive Council are separately empowered, subject
to authorization from the General Assembly of the United Nations, to request
the International Court of Justice to give an advisory opinion on any legal
question arising within the scope of the activities of the Organization. An
agreement between the Organization and the United Nations shall be concluded
for this purpose in accordance with Article VIII, paragraph 34 (a).
6. This Article is without prejudice to Article IX or to the provisions on
measures to redress a situation and to ensure compliance, including sanctions.
ARTICLE XV
AMENDMENTS
1. Any State Party may propose amendments to this Convention. Any State Party
may also propose changes, as specified in paragraph 4, to the Annexes of this
Convention. Proposals for amendments shall be subject to the procedures in
paragraphs 2 and 3. Proposals for changes, as specified in paragraph 4, shall
be subject to the procedures in paragraph 5.
2. The text of a proposed amendment shall be submitted to the Director-General
for circulation to all States Parties and to the Depositary. The proposed
amendment shall be considered only by an Amendment Conference. Such an
Amendment Conference shall be convened if one third or more of the States
Parties notify the Director-General not later than 30 days after its
circulation that they support further consideration of the proposal. The
Amendment Conference shall be held immediately following a regular session of
the Conference unless the requesting States Parties ask for an earlier
meeting. In no case shall an Amendment Conference be held less than 60 days
after the circulation of the proposed amendment.
3. Amendments shall enter into force for all States Parties 30 days after
deposit of the instruments of ratification or acceptance by all the States
Parties referred to under subparagraph (b) below:
(a) When adopted by the Amendment Conference by a positive vote of a
majority of all States Parties with no State Party casting a negative vote;
and
(b) Ratified or accepted by all those States Parties casting a positive vote
at the Amendment Conference.
4. In order to ensure the viability and the effectiveness of this Convention,
provisions in the Annexes shall be subject to changes in accordance with
paragraph 5, if proposed changes are related only to matters of an
administrative or technical nature. All changes to the Annex on Chemicals
shall be made in accordance with paragraph 5. Sections A and C of the
Confidentiality Annex, Part X of the Verification Annex, and those definitions
in Part I of the Verification Annex which relate exclusively to challenge
inspections, shall not be subject to changes in accordance with paragraph 5.
5. Proposed changes referred to in paragraph 4 shall be made in accordance
with the following procedures:
(a) The text of the proposed changes shall be transmitted together with the
necessary information to the Director-General. Additional information for the
evaluation of the proposal may be provided by any State Party and the
Director-General. The Director-General shall promptly communicate any such
proposals and information to all States Parties, the Executive Council and the
Depositary;
(b) Not later than 60 days after its receipt, the Director-General shall
evaluate the proposal to determine all its possible consequences for the
provisions of this Convention and its implementation and shall communicate any
such information to all States Parties and the Executive Council;
(c) The Executive Council shall examine the proposal in the light of all
information available to it, including whether the proposal fulfils the
requirements of paragraph 4. Not later than 90 days after its receipt, the
Executive Council shall notify its recommendation, with appropriate
explanations, to all States Parties for consideration. States Parties shall
acknowledge receipt within 10 days;
(d) If the Executive Council recommends to all States Parties that the
proposal be adopted, it shall be considered approved if no State Party objects
to it within 90 days after receipt of the recommendation. If the Executive
Council recommends that the proposal be rejected, it shall be considered
rejected if no State Party objects to the rejection within 90 days after
receipt of the recommendation;
(e) If a recommendation of the Executive Council does not meet with the
acceptance required under subparagraph (d), a decision on the proposal,
including whether it fulfils the requirements of paragraph 4, shall be taken
as a matter of substance by the Conference at its next session;
(f) The Director-General shall notify all States Parties and the Depositary
of any decision under this paragraph;
(g) Changes approved under this procedure shall enter into force for all
States Parties 180 days after the date of notification by the Director-General
of their approval unless another time period is recommended by the Executive
Council or decided by the Conference.
ARTICLE XVI
DURATION AND WITHDRAWAL
1. This Convention shall be of unlimited duration.
2. Each State Party shall, in exercising its national sovereignty, have the
right to withdraw from this Convention if it decides that extraordinary
events, related to the subject-matter of this Convention, have jeopardized the
supreme interests of its country. It shall give notice of such withdrawal 90
days in advance to all other States Parties, the Executive Council, the
Depositary and the United Nations Security Council. Such notice shall include
a statement of the extraordinary events it regards as having jeopardized its
supreme interests.
3. The withdrawal of a State Party from this Convention shall not in any way
affect the duty of States to continue fulfilling the obligations assumed under
any relevant rules of international law, particularly the Geneva Protocol of
1925.
ARTICLE XVII
STATUS OF THE ANNEXES
The Annexes form an integral part of this Convention. Any reference to this
Convention includes the Annexes.
ARTICLE XVIII
SIGNATURE
This Convention shall be open for signature for all States before its entry
into force.
ARTICLE XIX
RATIFICATION
This Convention shall be subject to ratification by States Signatories
according to their respective constitutional processes.
ARTICLE XX
ACCESSION
Any State which does not sign this Convention before its entry into force may
accede to it at any time thereafter.
ARTICLE XXI
ENTRY INTO FORCE
1. This Convention shall enter into force 180 days after the date of the
deposit of the 65th instrument of ratification, but in no case earlier than
two years after its opening for signature.
2. For States whose instruments of ratification or accession are deposited
subsequent to the entry into force of this Convention, it shall enter into
force on the 30th day following the date of deposit of their instrument of
ratification or accession.
ARTICLE XXII
RESERVATIONS
The Articles of this Convention shall not be subject to reservations. The
Annexes of this Convention shall not be subject to reservations incompatible
with its object and purpose.
ARTICLE XXIII
DEPOSITARY
The Secretary-General of the United Nations is hereby designated as the
Depositary of this Convention and shall, inter alia:
(a) Promptly inform all signatory and acceding States of the date of each
signature, the date of deposit of each instrument of ratification or accession
and the date of the entry into force of this Convention, and of the receipt of
other notices;
(b) Transmit duly certified copies of this Convention to the Governments of
all signatory and acceding States; and
(c) Register this Convention pursuant to Article 102 of the Charter of the
United Nations.
ARTICLE XXIV
AUTHENTIC TEXTS
This Convention, of which the Arabic, Chinese, English, French, Russian and
Spanish texts are equally authentic, shall be deposited with the
Secretary-General of the United Nations.
IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, have
signed this Convention.
Done at Paris on the thirteenth day of January, one thousand nine hundred and
ninety-three.
ANNEX ON CHEMICALS
A. GUIDELINES FOR SCHEDULES OF CHEMICALS
Guidelines for Schedule 1
1. The following criteria shall be taken into account in considering whether a
toxic chemical or precursor should be included in Schedule 1:
(a) It has been developed, produced, stockpiled or used as a chemical
weapon as defined in Article II;
(b) It poses otherwise a high risk to the object and purpose of this
Convention by virtue of its high potential for use in activities prohibited
under this Convention because one or more of the following conditions are met:
(i) It possesses a chemical structure closely related to that of other
toxic chemicals listed in Schedule 1, and has, or can be expected
to have, comparable properties;
(ii)It possesses such lethal or incapacitating toxicity as well as
other properties that would enable it to be used as a chemical
weapon;
(iii) It may be used as a precursor in the final single technological
stage of production of a toxic chemical listed in Schedule 1,
regardless of whether this stage takes place in facilities, in
munitions or elsewhere;
(c) It has little or no use for purposes not prohibited under this
Convention.
Guidelines for Schedule 2
2. The following criteria shall be taken into account in considering whether
a toxic chemical not listed in Schedule 1 or a precursor to a Schedule 1
chemical or to a chemical listed in Schedule 2, part A, should be included in
Schedule 2:
(a) It poses a significant risk to the object and purpose of this
Convention because it possesses such lethal or incapacitating toxicity as well
as other properties that could enable it to be used as a chemical weapon;
(b) It may be used as a precursor in one of the chemical reactions at the
final stage of formation of a chemical listed in Schedule 1 or Schedule 2,
part A;
(c) It poses a significant risk to the object and purpose of this
Convention by virtue of its importance in the production of a chemical listed
in Schedule 1 or Schedule 2, part A;
(d) It is not produced in large commercial quantities for purposes not
prohibited under this Convention.
Guidelines for Schedule 3
3. The following criteria shall be taken into account in considering whether
a toxic chemical or precursor, not listed in other Schedules, should be
included in Schedule 3:
(a) It has been produced, stockpiled or used as a chemical weapon;
(b) It poses otherwise a risk to the object and purpose of this Convention
because it possesses such lethal or incapacitating toxicity as well as other
properties that might enable it to be used as a chemical weapon;
(c) It poses a risk to the object and purpose of this Convention by virtue
of its importance in the production of one or more chemicals listed in
Schedule 1 or Schedule 2, part B;
(d) It may be produced in large commercial quantities for purposes not
prohibited under this Convention.
B. SCHEDULES OF CHEMICALS
The following Schedules list toxic chemicals and their precursors. For the
purpose of implementing this Convention, these Schedules identify chemicals
for the application of verification measures according to the provisions of
the Verification Annex. Pursuant to Article II, subparagraph 1 (a), these
Schedules do not constitute a definition of chemical weapons.
(Whenever reference is made to groups of dialkylated chemicals, followed by a
list of alkyl groups in parentheses, all chemicals possible by all possible
combinations of alkyl groups listed in the parentheses are considered as
listed in the respective Schedule as long as they are not explicitly exempted.
A chemical marked "*" on Schedule 2, part A, is subject to special thresholds
for declaration and verification, as specified in Part VII of the Verification
Annex.)
Schedule 1 (CAS registry
number)
A. Toxic chemicals:
(1) O-Alkyl (_C10, incl. cycloalkyl) alkyl
(Me, Et, n-Pr or i-Pr) -phosphonofluoridates
e.g. Sarin: O-Isopropyl methylphosphonofluoridate (107-44-8)
Soman: O-Pinacolyl methylphosphonofluoridate (96-64-0)
(2) O-Alkyl (_C10, incl. cycloalkyl) N,N-dialkyl
(Me, Et, n-Pr or i-Pr) phosphoramidocyanidates
e.g. Tabun: O-Ethyl N,N-dimethyl
phosphoramidocyanidate (77-81-6)
(3) O-Alkyl (H or _C10, incl. cycloalkyl) S-2-dialkyl
(Me, Et, n-Pr or i-Pr) -aminoethyl alkyl
(Me, Et, n-Pr or i-Pr) phosphonothiolates and
corresponding alkylated or protonated salts
e.g. VX: O-Ethyl S-2-diisopropylaminoethyl
methyl phosphonothiolate (50782-69-9)
(4) Sulfur mustards:
2-Chloroethylchloromethylsulfide (2625-76-5)
Mustard gas: Bis(2-chloroethyl)sulfide (505-60-2)
Bis(2-chloroethylthio)methane (63869-13-6)
Sesquimustard: 1,2-Bis(2-chloroethylthio) ethane (3563-36-8)
1,3-Bis(2-chloroethylthio)-n-propane (63905-10-2)
1,4-Bis(2-chloroethylthio)-n-butane (142868-93-7)
1,5-Bis(2-chloroethylthio)-n-pentane (142868-94-8)
Bis(2-chloroethylthiomethyl)ether (63918-90-1)
O-Mustard: Bis(2-chloroethylthioethyl)ether (63918-89-8)
(5) Lewisites:
Lewisite 1: 2-Chlorovinyldichloroarsine (541-25-3)
Lewisite 2: Bis(2-chlorovinyl)chloroarsine (40334-69-8)
Lewisite 3: Tris(2-chlorovinyl) arsine (40334-70-1)
(6) Nitrogen mustards:
HN1: Bis(2-chloroethyl)ethylamine (538-07-8)
HN2: Bis(2-chloroethyl)methylamine (51-75-2)
HN3: Tris(2-chloroethyl)amine (555-77-1)
(7) Saxitoxin (35523-89-8)
(8) Ricin (9009-86-3)
B. Precursors:
(9) Alkyl (Me, Et, n-Pr or i-Pr) phosphonyldifluorides
e.g. DF: Methylphosphonyldifluoride (676-99-3)
(10) O-Alkyl (H or _C10, incl. cycloalkyl) O-2-dialkyl
(Me, Et, n-Pr or i-Pr)-aminoethyl alkyl
(Me, Et, n-Pr or i-Pr) phosphonites
and corresponding alkylated or protonated salts
e.g. QL: O-Ethyl O-2-diisopropylaminoethyl
methylphosphonite (57856-11-8)
(11) Chlorosarin: O-Isopropyl methylphosphonochloridate (1445-76-7)
(12) Chlorosoman: O-Pinacolyl methylphosphonochloridate (7040-57-5)
Schedule 2
A. Toxic chemicals:
(1) Amiton: O,O-Diethyl S-[2-(diethylamino) ethyl]
phosphorothiolate (78-53-5)
and corresponding alkylated or protonated salts
(2) PFIB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-
1-propene (382-21-8)
(3) BZ: 3-Quinuclidinyl benzilate (*) (6581-06-2)
B. Precursors:
(4) Chemicals, except for those listed in Schedule 1,
containing a phosphorus atom to which is bonded
one methyl, ethyl or propyl (normal or iso) group
but not further carbon atoms,
e.g. Methylphosphonyl dichloride (676-97-1)
Dimethyl methylphosphonate (756-79-6)
Exemption: Fonofos: O-Ethyl S-phenyl
ethylphosphonothiolothionate (944-22-9)
(5) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic
dihalides
(6) Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl
(Me, Et, n-Pr or i-Pr)-phosphoramidates
(7) Arsenic trichloride (7784-34-1)
(8) 2,2-Diphenyl-2-hydroxyacetic acid (76-93-7)
(9) Quinuclidine-3-ol (1619-34-7)
(10) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-chlorides
and corresponding protonated salts
(11) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols
and corresponding protonated salts
Exemptions: N,N-Dimethylaminoethanol (108-01-0)
and corresponding protonated salts
N,N-Diethylaminoethanol (100-37-8)
and corresponding protonated salts
(12) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-thiols
and corresponding protonated salts
(13) Thiodiglycol: Bis(2-hydroxyethyl)sulfide (111-48-8)
(14) Pinacolyl alcohol: 3,3-Dimethylbutane-2-ol (464-07-3)
Schedule 3
A. Toxic chemicals:
(1) Phosgene: Carbonyl dichloride (75-44-5)
(2) Cyanogen chloride (506-77-4)
(3) Hydrogen cyanide (74-90-8)
(4) Chloropicrin: Trichloronitromethane (76-06-2)
B. Precursors:
(5) Phosphorus oxychloride (10025-87-3)
(6) Phosphorus trichloride (7719-12-2)
(7) Phosphorus pentachloride (10026-13-8)
(8) Trimethyl phosphite (121-45-9)
(9) Triethyl phosphite (122-52-1)
(10) Dimethyl phosphite (868-85-9)
(11) Diethyl phosphite (762-04-9)
(12) Sulfur monochloride (10025-67-9)
(13) Sulfur dichloride (10545-99-0)
(14) Thionyl chloride (7719-09-7)
(15) Ethyldiethanolamine (139-87-7)
(16) Methyldiethanolamine (105-59-9)
(17) Triethanolamine (102-71-6)
* * * * * *
ANNEX ON IMPLEMENTATION AND VERIFICATION
("VERIFICATION ANNEX")
PART I
DEFINITIONS
1. "Approved Equipment" means the devices and instruments necessary for the
performance of the inspection team's duties that have been certified by the
Technical Secretariat in accordance with regulations prepared by the Technical
Secretariat pursuant to Part II, paragraph 27 of this Annex. Such equipment
may also refer to the administrative supplies or recording materials that
would be used by the inspection team.
2. "Building" as referred to in the definition of chemical weapons production
facility in Article II comprises specialized buildings and standard buildings.
(a) "Specialized Building" means:
(i) Any building, including underground structures, containing
specialized equipment in a production or filling configuration;
(ii)Any building, including underground structures, which has
distinctive features which distinguish it from buildings normally
used for chemical production or filling activities not prohibited
under this Convention.
(b) "Standard Building" means any building, including underground
structures, constructed to prevailing industry standards for facilities not
producing any chemical specified in Article II, paragraph 8 (a) (i), or
corrosive chemicals.
3. "Challenge Inspection" means the inspection of any facility or location in
the territory or in any other place under the jurisdiction or control of a
State Party requested by another State Party pursuant to Article IX,
paragraphs 8 to 25.
4. "Discrete Organic Chemical" means any chemical belonging to the class of
chemical compounds consisting of all compounds of carbon except for its
oxides, sulfides and metal carbonates, identifiable by chemical name, by
structural formula, if known, and by Chemical Abstracts Service registry
number, ifassigned
5. "Equipment" as referred to in the definition of chemical weapons production
facility in Article II comprises specialized equipment and standard equipment.
(a) "Specialized Equipment" means:
(i) The main production train, including any reactor or equipment for
product synthesis, separation or purification, any equipment used
directly for heat transfer in the final technological stage, such
as in reactors or in product separation, as well as any other
equipment which has been in contact with any chemical specified in
Article II, paragraph 8 (a) (i), or would be in contact with such
a chemical if the facility were operated;
(ii)Any chemical weapon filling machines;
(iii)Any other equipment specially designed, built or installed for the
operation of the facility as a chemical weapons production
facility, as distinct from a facility constructed according to
prevailing commercial industry standards for facilities not
producing any chemical specified in Article II, paragraph 8 (a)
(i), or corrosive chemicals, such as: equipment made of
high-nickel alloys or other special corrosion-resistant material;
special equipment for waste control, waste treatment, air
filtering, or solvent recovery; special containment enclosures and
safety shields; non-standard laboratory equipment used to analyse
toxic chemicals for chemical weapons purposes; custom-designed
process control panels; or dedicated spares for specialized
equipment.
(b) "Standard Equipment" means:
(i) Production equipment which is generally used in the chemical
industry and is not included in the types of specialized
equipment;
(ii)Other equipment commonly used in the chemical industry, such as:
fire-fighting equipment; guard and security/safety surveillance
equipment; medical facilities, laboratory facilities; or
communications equipment.
6. "Facility" in the context of Article VI means any of the industrial sites
as defined below ("plant site", "plant" and "unit").
(a) "Plant Site" (Works, Factory) means the local integration of one or more
plants, with any intermediate administrative levels, which are under one
operational control, and includes common infrastructure, such as:
(i) Administration and other offices;
(ii) Repair and maintenance shops;
(iii) Medical centre;
(iv) Utilities;
(v) Central analytical laboratory;
(vi) Research and development laboratories;
(vii) Central effluent and waste treatment area; and
(viii)Warehouse storage.
(b) "Plant" (Production facility, Workshop) means a relatively
self-contained area, structure or building containing one or more units with
auxiliary and associated infrastructure, such as:
(i) Small administrative section;
(ii) Storage/handling areas for feedstock and products;
(iii)Effluent/waste handling/treatment area;
(iv)Control/analytical laboratory;
(v) First aid service/related medical section; and
(vi)Records associated with the movement into, around and from the
site, of declared chemicals and their feedstock or product
chemicals formed from them, as appropriate.
(c) "Unit" (Production unit, Process unit) means the combination of those
items of equipment, including vessels and vessel set up, necessary for the
production, processing or consumption of a chemical.
7. "Facility Agreement" means an agreement or arrangement between a State
Party and the Organization relating to a specific facility subject to on-site
verification pursuant to Articles IV, V and VI.
8. "Host State" means the State on whose territory lie facilities or areas of
another State, Party to this Convention, which are subject to inspection under
this Convention.
9. "In-Country Escort" means individuals specified by the inspected State
Party and, if appropriate, by the Host State, if they so wish, to accompany
and assist the inspection team during the in-country period.
10. "In-Country Period" means the period from the arrival of the inspection
team at a point of entry until its departure from the State at a point of
entry.
11. "Initial Inspection" means the first on-site inspection of facilities to
verify declarations submitted pursuant to Articles III, IV, V and VI and this
Annex.
12. "Inspected State Party" means the State Party on whose territory or in any
other place under its jurisdiction or control an inspection pursuant to this
Convention takes place, or the State Party whose facility or area on the
territory of a Host State is subject to such an inspection; it does not,
however, include the State Party specified in Part II, paragraph 21 of this
Annex.
13. "Inspection Assistant" means an individual designated by the Technical
Secretariat as set forth in Part II, Section A, of this Annex to assist
inspectors in an inspection or visit, such as medical, security and
administrative personnel and interpreters.
14. "Inspection Mandate" means the instructions issued by the Director-General
to the inspection team for the conduct of a particular inspection.
15. "Inspection Manual" means the compilation of additional procedures forth
conduct of inspections developed by the Technical Secretariat.
16. "Inspection Site" means any facility or area at which an inspection is
carried out and which is specifically defined in the respective facility
agreement or inspection request or mandate or inspection request as expanded
by the alternative or final perimeter.
17. "Inspection Team" means the group of inspectors and inspection assistants
assigned by the Director-General to conduct a particular inspection.
18. "Inspector" means an individual designated by the Technical Secretariat
according to the procedures as set forth in Part II, Section A, of this Annex,
to carry out an inspection or visit in accordance with this Convention.
19. "Model Agreement" means a document specifying the general form and content
for an agreement concluded between a State Party and the Organization for
fulfilling the verification provisions specified in this Annex.
20. "Observer" means a representative of a requesting State Party or a third
State Party to observe a challenge inspection.
21. "Perimeter" in case of challenge inspection means the external boundary of
the inspection site, defined by either geographic coordinates or description
on a map.
(a) "Requested Perimeter" means the inspection site perimeter as specified
in conformity with Part X, paragraph 8, of this Annex;
(b) "Alternative Perimeter" means the inspection site perimeter as
specified, alternatively to the requested perimeter, by the inspected State
Party; it shall conform to the requirements specified in Part X, paragraph 17,
of this Annex;
(c) "Final Perimeter" means the final inspection site perimeter as agreed in
negotiations between the inspection team and the inspected State Party, in
accordance with Part X, paragraphs 16 to 21, of this Annex;
(d) "Declared Perimeter" means the external boundary of the facility
declared pursuant to Articles III, IV, V and VI.
22. "Period of Inspection", for the purposes of Article IX, means the period
of time from provision of access to the inspection team to the inspection site
until its departure from the inspection site, exclusive of time spent on
briefings before and after the verification activities.
23. "Period of Inspection", for the purposes of Articles IV, V and VI, means
the period of time from arrival of the inspection team at the inspection site
until its departure from the inspection site, exclusive of time spent on
briefings before and after the verification activities.
24. "Point of Entry"/"Point of Exit" means a location designated for the
in-country arrival of inspection teams for inspections pursuant to this
Convention or for their departure after completion of their mission.
25. "Requesting State Party" means a State Party which has requested a
challenge inspection pursuant to Article IX.
26. "Tonne" means metric ton, i.e. 1,000 kg.
PART II
GENERAL RULES OF VERIFICATION
A. DESIGNATION OF INSPECTORS AND INSPECTION ASSISTANTS
1. Not later than 30 days after entry into force of this Convention the
Technical Secretariat shall communicate, in writing, to all States Parties the
names, nationalities and ranks of the inspectors and inspection assistants
proposed for designation, as well as a description of their qualifications and
professional experiences.
2. Each State Party shall immediately acknowledge receipt of the list of
inspectors and inspection assistants, proposed for designation communicated to
it. The State Party shall inform the Technical Secretariat in writing of its
acceptance of each inspector and inspection assistant, not later than 30 days
after acknowledgement of receipt of the list. Any inspector and inspection
assistant included in this list shall be regarded as designated unless a State
Party, not later than 30 days after acknowledgement of receipt of the list,
declares its non-acceptance in writing. The State Party may include the
reason for the objection.
In the case of non-acceptance, the proposed inspector or inspection assistant
shall not undertake or participate in verification activities on the territory
or in any other place under the jurisdiction or control of the State Party
which has declared its non-acceptance. The Technical Secretariat shall, as
necessary, submit further proposals in addition to the original list.
3. Verification activities under this Convention shall only be performed by
designated inspectors and inspection assistants.
4. Subject to the provisions of paragraph 5, a State Party has the right at
any time to object to an inspector or inspection assistant who has already
been designated. It shall notify the Technical Secretariat of its objection
in writing and may include the reason for the objection. Such objection shall
come into effect 30 days after receipt by the Technical Secretariat. The
Technical Secretariat shall immediately inform the State Party concerned of
the withdrawal of the designation of the inspector or inspection assistant.
5. A State Party that has been notified of an inspection shall not seek to
have removed from the inspection team for that inspection any of the
designated inspectors or inspection assistants named in the inspection team
list.
6. The number of inspectors or inspection assistants accepted by and
designated to a State Party must be sufficient to allow for availability and
rotation of appropriate numbers of inspectors and inspection assistants.
7. If, in the opinion of the Director-General, the non-acceptance of proposed
inspectors or inspection assistants impedes the designation of a sufficient
number of inspectors or inspection assistants or otherwise hampers the
effective fulfilment of the tasks of the Technical Secretariat, the
Director-General shall refer the issue to the Executive Council.
8. Whenever amendments to the above-mentioned lists of inspectors and
inspection assistants are necessary or requested, replacement inspectors and
inspection assistants shall be designated in the same manner as set forth with
respect to the initial list.
9. The members of the inspection team carrying out an inspection of a facility
of a State Party located on the territory of another State Party shall be
designated in accordance with the procedures set forth in this Annex as
applied both to the inspected State Party and the Host State Party.
B. PRIVILEGES AND IMMUNITIES
10. Each State Party shall, not later than 30 days after acknowledgement of
receipt of the list of inspectors and inspection assistants or of changes
thereto, provide multiple entry/exit and/or transit visas and other such
documents to enable each inspector or inspection assistant to enter and to
remain on the territory of that State Party for the purpose of carrying out
inspection activities. These documents shall be valid for at least two years
after their provision to the Technical Secretariat.
11. To exercise their functions effectively, inspectors and inspection
assistants shall be accorded privileges and immunities as set forth in
subparagraphs (a) to (i). Privileges and immunities shall be granted to
members of the inspection team for the sake of this Convention and not for the
personal benefit of the individuals themselves. Such privileges and
immunities shall be accorded to them for the entire period between arrival on
and departure from the territory of the inspected State Party or Host State,
and thereafter with respect to acts previously performed in the exercise of
their official functions.
(a) The members of the inspection team shall be accorded the inviolability
enjoyed by diplomatic agents pursuant to Article 29 of the Vienna Convention
on Diplomatic Relations of 18 April 1961.
(b) The living quarters and office premises occupied by the inspection team
carrying out inspection activities pursuant to this Convention shall be
accorded the inviolability and protection accorded to the premises of
diplomatic agents pursuant to Article 30, paragraph 1, of the Vienna
Convention on Diplomatic Relations.
(c) The papers and correspondence, including records, of the inspection team
shall enjoy the inviolability accorded to all papers and correspondence of
diplomatic agents pursuant to Article 30, paragraph 2, of the Vienna
Convention on Diplomatic Relations. The inspection team shall have the right
to use codes for their communications with the Technical Secretariat.
(d) Samples and approved equipment carried by members of the inspection team
shall be inviolable subject to provisions contained in this Convention and
exempt from all customs duties. Hazardous samples shall be transported in
accordance with relevant regulations.
(e) The members of the inspection team shall be accorded the immunities
accorded to diplomatic agents pursuant to Article 31, paragraphs 1, 2 and 3,
of the Vienna Convention on Diplomatic Relations.
(f) The members of the inspection team carrying out prescribed activities
pursuant to this Convention shall be accorded the exemption from dues and
taxes accorded to diplomatic agents pursuant to Article 34 of the Vienna
Convention on Diplomatic Relations.
(g) The members of the inspection team shall be permitted to bring into the
territory of the inspected State Party or Host State Party, without payment of
any customs duties or related charges, articles for personal use, with the
exception of articles the import or export of which is prohibited by law or
controlled by quarantine regulations.
(h) The members of the inspection team shall be accorded the same currency
and exchange facilities as are accorded to representatives of foreign
Governments on temporary official missions.
(i) The members of the inspection team shall not engage in any professional
or commercial activity for personal profit on the territory of the inspected
State Party or the Host State.
12. When transiting the territory of non-inspected States Parties, the members
of the inspection team shall be accorded the privileges and immunities enjoyed
by diplomatic agents pursuant to Article 40, paragraph 1, of the Vienna
Convention on Diplomatic Relations. Papers and correspondence, including
records, and samples and approved equipment, carried by them, shall be
accorded the privileges and immunities set forth in paragraph 11 (c) and (d).
13. Without prejudice to their privileges and immunities the members of the
inspection team shall be obliged to respect the laws and regulations of the
inspected State Party or Host State and, to the extent that is consistent with
the inspection mandate, shall be obliged not to interfere in the internal
affairs of that State. If the inspected State Party or Host State Party
considers that there has been an abuse of privileges and immunities specified
in this Annex, consultations shall be held between the State Party and the
Director-General to determine whether such an abuse has occurred and, if so
determined, to prevent a repetition of such an abuse.
14. The immunity from jurisdiction of members of the inspection team may be
waived by the Director-General in those cases when the Director-General is of
the opinion that immunity would impede the course of justice and that it can
be waived without prejudice to the implementation of the provisions of this
Convention. Waiver must always be express.
15. Observers shall be accorded the same privileges and immunities accorded to
inspectors pursuant to this section, except for those accorded pursuant to
paragraph 11 (d).
C. STANDING ARRANGEMENTS
Points of entry
16. Each State Party shall designate the points of entry and shall supply the
required information to the Technical Secretariat not later than 30 days after
this Convention enters into force for it. These points of entry shall be such
that the inspection team can reach any inspection site from at least one point
of entry within 12 hours. Locations of points of entry shall be provided to
all States Parties by the Technical Secretariat.
17. Each State Party may change the points of entry by giving notice of such
change to the Technical Secretariat. Changes shall become effective 30 days
after the Technical Secretariat receives such notification to allow
appropriate notification to all States Parties.
18. If the Technical Secretariat considers that there are insufficient points
of entry for the timely conduct of inspections or that changes to the points
of entry proposed by a State Party would hamper such timely conduct of
inspections, it shall enter into consultations with the State Party concerned
to resolve the problem.
19. In cases where facilities or areas of an inspected State Party are
located on the territory of a Host State Party or where the access from the
point of entry to the facilities or areas subject to inspection requires
transit through the territory of another State Party, the inspected State
Party shall exercise the rights and fulfil the obligations concerning such
inspections in accordance with this Annex. The Host State Party shall
facilitate the inspection of those facilities or areas and shall provide for
the necessary support to enable the inspection team to carry out its tasks in
a timely and effective manner. States Parties through whose territory transit
is required to inspect facilities or areas of an inspected State Party shall
facilitate such transit.
20. In cases where facilities or areas of an inspected State Party are located
on the territory of a State not Party to this Convention, the inspected State
Party shall take all necessary measures to ensure that inspections of those
facilities or areas can be carried out in accordance with the provisions of
this Annex. A State Party that has one or more facilities or areas on the
territory of a State not Party to this Convention shall take all necessary
measures to ensure acceptance by the Host State of inspectors and inspection
assistants designated to that State Party. If an inspected State Party is
unable to ensure access, it shall demonstrate that it took all necessary
measures to ensure access.
21. In cases where the facilities or areas sought to be inspected are located
on the territory of a State Party, but in a place under the jurisdiction or
control of a State not Party to this Convention, the State Party shall take
all necessary measures as would be required of an inspected State Party and a
Host State Party to ensure that inspections of such facilities or areas can be
carried out in accordance with the provisions of this Annex. If the State
Party is unable to ensure access to those facilities or areas, it shall
demonstrate that it took all necessary measures to ensure access. This
paragraph shall not apply where the facilities or areas sought to be inspected
are those of the State Party.
Arrangements for use of non-scheduled aircraft
22. For inspections pursuant to Article IX and for other inspections where
timely travel is not feasible using scheduled commercial transport, an
inspection team may need to utilize aircraft owned or chartered by the
Technical Secretariat. Not later than 30 days after this Convention enters
into force for it, each State Party shall inform the Technical Secretariat of
the standing diplomatic clearance number for non-scheduled aircraft
transporting inspection teams and equipment necessary for inspection into and
out of the territory in which an inspection site is located. Aircraft
routings to and from the designated point of entry shall be along established
international airways that are agreed upon between the States Parties and the
Technical Secretariat as the basis for such diplomatic clearance.
23. When a non-scheduled aircraft is used, the Technical Secretariat shall
provide the inspected State Party with a flight plan, through the National
Authority, for the aircraft's flight from the last airfield prior to entering
the airspace of the State in which the inspection site is located to the point
of entry, not less than six hours before the scheduled departure time from
that airfield. Such a plan shall be filed in accordance with the procedures of
the International Civil Aviation Organization applicable to civil aircraft.
For its owned or chartered flights, the Technical Secretariat shall include in
the remarks section of each flight plan the standing diplomatic clearance
number and the appropriate notation identifying the aircraft as an inspection
aircraft.
24. Not less than three hours before the scheduled departure of the inspection
team from the last airfield prior to entering the airspace of the State in
which the inspection is to take place, the inspected State Party or Host State
Party shall ensure that the flight plan filed in accordance with paragraph 23
is approved so that the inspection team may arrive at the point of entry by
the estimated arrival time.
25. The inspected State Party shall provide parking, security protection,
servicing and fuel as required by the Technical Secretariat for the aircraft
of the inspection team at the point of entry when such aircraft is owned or
chartered by the Technical Secretariat. Such aircraft shall not be liable for
landing fees, departure tax, and similar charges. The Technical Secretariat
shall bear the cost of such fuel, security protection and servicing.
Administrative arrangements
26. The inspected State Party shall provide or arrange for the amenities
necessary for the inspection team such as communication means, interpretation
services to the extent necessary for the performance of interviewing and other
tasks, transportation, working space, lodging, meals and medical care. In
this regard, the inspected State Party shall be reimbursed by the Organization
for such costs incurred by the inspection team.
Approved equipment
27. Subject to paragraph 29, there shall be no restriction by the inspected
State Party on the inspection team bringing onto the inspection site such
equipment, approved in accordance with paragraph 28, which the Technical
Secretariat has determined to be necessary to fulfil the inspection
requirements. The Technical Secretariat shall prepare and, as appropriate,
update a list of approved equipment, which may be needed for the purposes
described above, and regulations governing such equipment which shall be in
accordance with this Annex. In establishing the list of approved equipment
and these regulations, the Technical Secretariat shall ensure that safety
considerations for all the types of facilities at which such equipment is
likely to be used, are taken fully into account. A list of approved equipment
shall be considered and approved by the Conference pursuant to Article VIII,
paragraph 21(i).
28. The equipment shall be in the custody of the Technical Secretariat and be
designated, calibrated and approved by the Technical Secretariat. The
Technical Secretariat shall, to the extent possible, select that equipment
which is specifically designed for the specific kind of inspection required.
Designated and approved equipment shall be specifically protected against
unauthorized alteration.
29. The inspected State Party shall have the right, without prejudice to the
prescribed time-frames, to inspect the equipment in the presence of inspection
team members at the point of entry, i.e., to check the identity of the
equipment brought in or removed from the territory of the inspected State
Party or the Host State. To facilitate such identification, the Technical
Secretariat shall attach documents and devices to authenticate its designation
and approval of the equipment. The inspection of the equipment shall also
ascertain to the satisfaction of the inspected State Party that the equipment
meets the description of the approved equipment for the particular type of
inspection. The inspected State Party may exclude equipment not meeting that
description or equipment without the above-mentioned authentication documents
and devices. Procedures for the inspection of equipment shall be considered
and approved by the Conference pursuant to Article VIII, paragraph 21(i).
30. In cases where the inspection team finds it necessary to use equipment
available on site not belonging to the Technical Secretariat and requests the
inspected State Party to enable the team to use such equipment, the inspected
State Party shall comply with the request to the extent it can.
D. PRE-INSPECTION ACTIVITIES
Notification
31. The Director-General shall notify the State Party before the planned
arrival of the inspection team at the point of entry and within the prescribed
time-frames, where specified, of its intention to carry out an inspection.
32. Notifications made by the Director-General shall include the following
information:
(a) The type of inspection;
(b) The point of entry;
(c) The date and estimated time of arrival at the point of entry;
(d) The means of arrival at the point of entry;
(e) The site to be inspected;
(f) The names of inspectors and inspection assistants;
(g) If appropriate, aircraft clearance for special flights.
33. The inspected State Party shall acknowledge the receipt of a notification
by the Technical Secretariat of an intention to conduct an inspection, not
later than one hour after receipt of such notification.
34. In the case of an inspection of a facility of a State Party located on the
territory of another State Party, both States Parties shall be simultaneously
notified in accordance with paragraphs 31 and 32.
Entry into the territory of the inspected State Party or Host State and
transfer to the inspection site
35. The inspected State Party or Host State Party which has been notified of
the arrival of an inspection team, shall ensure its immediate entry into the
territory and shall through an in-country escort or by other means do
everything in its power to ensure the safe conduct of the inspection team and
its equipment and supplies, from its point of entry to the inspection site(s)
and to a point of exit.
36. The inspected State Party or Host State Party shall, as necessary, assist
the inspection team in reaching the inspection site not later than 12 hours
after the arrival at the point of entry.
Pre-inspection briefing
37. Upon arrival at the inspection site and before the commencement of the
inspection, the inspection team shall be briefed by facility representatives,
with the aid of maps and other documentation as appropriate, on the facility,
the activities carried out there, safety measures and administrative and
logistic arrangements necessary for the inspection. The time spent for the
briefing shall be limited to the minimum necessary and in any event not exceed
three hours.
E. CONDUCT OF INSPECTIONS
General rules
38. The members of the inspection team shall discharge their functions in
accordance with the provisions of this Convention, as well as rules
established by the Director-General and facility agreements concluded between
States Parties and the Organization.
39. The inspection team shall strictly observe the inspection mandate issued
by the Director-General. It shall refrain from activities going beyond this
mandate.
40. The activities of the inspection team shall be so arranged as to ensure
the timely and effective discharge of its functions and the least possible
inconvenience to the inspected State Party or Host State and disturbance to
the facility or area inspected. The inspection team shall avoid unnecessarily
hampering or delaying the operation of a facility and avoid affecting its
safety. In particular, the inspection team shall not operate any facility. If
inspectors consider that, to fulfil their mandate, particular operations
should be carried out in a facility, they shall request the designated
representative of the inspected facility to have them performed. The
representative shall carry out the request to the extent possible.
41. In the performance of their duties on the territory of an inspected State
Party or Host State, the members of the inspection team shall, if the
inspected State Party so requests, be accompanied by representatives of the
inspected State Party, but the inspection team must not thereby be delayed or
otherwise hindered in the exercise of its functions.
42. Detailed procedures for the conduct of inspections shall be developed for
inclusion in the inspection manual by the Technical Secretariat, taking into
account guidelines to be considered and approved by the Conference pursuant to
Article VIII, paragraph 21(i).
Safety
43. In carrying out their activities, inspectors and inspection assistants
shall observe safety regulations established at the inspection site, including
those for the protection of controlled environments within a facility and for
personal safety. In order to implement these requirements, appropriate
detailed procedures shall be considered and approved by the Conference
pursuant to Article VIII, paragraph 21(i).
Communications
44. Inspectors shall have the right throughout the in-country period to
communicate with the Headquarters of the Technical Secretariat. For this
purpose they may use their own, duly certified, approved equipment and may
request that the inspected State Party or Host State Party provide them with
access to other telecommunications. The inspection team shall have the right
to use its own two-way system of radio communications between personnel
patrolling the perimeter and other members of the inspection team.
Inspection team and inspected State Party rights
45. The inspection team shall, in accordance with the relevant Articles and
Annexes of this Convention as well as with facility agreements and procedures
set forth in the inspection manual, have the right to unimpeded access to the
inspection site. The items to be inspected will be chosen by the inspectors.
46. Inspectors shall have the right to interview any facility personnel in the
presence of representatives of the inspected State Party with the purpose of
establishing relevant facts. Inspectors shall only request information and
data which are necessary for the conduct of the inspection, and the inspected
State Party shall furnish such information upon request. The inspected State
Party shall have the right to object to questions posed to the facility
personnel if those questions are deemed not relevant to the inspection. If
the head of the inspection team objects and states their relevance, the
questions shall be provided in writing to the inspected State Party for reply.
The inspection team may note any refusal to permit interviews or to allow
questions to be answered and any explanations given, in that part of the
inspection report that deals with the cooperation of the inspected State
Party.
47. Inspectors shall have the right to inspect documentation and records they
deem relevant to the conduct of their mission.
48. Inspectors shall have the right to have photographs taken at their request
by representatives of the inspected State Party or of the inspected facility.
The capability to take instant development photographic prints shall be
available. The inspection team shall determine whether photographs conform to
those requested and, if not, repeat photographs shall be taken. The inspection
team and the inspected State Party shall each retain one copy of every
photograph.
49. The representatives of the inspected State Party shall have the right to
observe all verification activities carried out by the inspection team.
50. The inspected State Party shall receive copies, at its request, of the
information and data gathered about its facility(ies) by the Technical
Secretariat.
51. Inspectors shall have the right to request clarifications in connection
with ambiguities that arise during an inspection. Such requests shall be made
promptly through the representative of the inspected State Party. The
representative of the inspected State Party shall provide the inspection team,
during the inspection, with such clarification as may be necessary to remove
the ambiguity. If questions relating to an object or a building located within
the inspection site are not resolved, the object or building shall, if
requested, be photographed for the purpose of clarifying its nature and
function. If the ambiguity cannot be removed during the inspection, the
inspectors shall notify the Technical Secretariat immediately. The inspectors
shall include in the inspection report any such unresolved question, relevant
clarifications, and a copy of any photographs taken.
Collection, handling and analysis of samples
52. Representatives of the inspected State Party or of the inspected facility
shall take samples at the request of the inspection team in the presence of
inspectors. If so agreed in advance with the representatives of the inspected
State Party or of the inspected facility, the inspection team may take samples
itself.
53. Where possible, the analysis of samples shall be performed on-site. The
inspection team shall have the right to perform on-site analysis of samples
using approved equipment brought by it. At the request of the inspection
team, the inspected State Party shall, in accordance with agreed procedures,
provide assistance for the analysis of samples on-site. Alternatively, the
inspection team may request that appropriate analysis on-site be performed in
its presence.
54. The inspected State Party has the right to retain portions of all samples
taken or take duplicate samples and be present when samples are analysed
on-site.
55. The inspection team shall, if it deems it necessary, transfer samples for
analysis off-site at laboratories designated by the Organization.
56. The Director-General shall have the primary responsibility for the
security, integrity and preservation of samples and for ensuring that the
confidentiality of samples transferred for analysis off-site is protected. The
Director-General shall do so in accordance with procedures, to be considered
and approved by the Conference pursuant to Article VIII, paragraph 21(i), for
inclusion in the inspection manual. He shall:
(a) Establish a stringent regime governing the collection, handling,
transport and analysis of samples;
(b) Certify the laboratories designated to perform different types of
analysis;
(c) Oversee the standardization of equipment and procedures at these
designated laboratories, mobile analytical equipment and procedures, and
monitor quality control and overall standards in relation to the certification
of these laboratories, mobile equipment and procedures; and
(d) Select from among the designated laboratories those which shall perform
analytical or other functions in relation to specific investigations.
57. When off-site analysis is to be performed, samples shall be analysed in at
least two designated laboratories. The Technical Secretariat shall ensure the
expeditious processing of the analysis. The samples shall be accounted for by
the Technical Secretariat and any unused samples or portions thereof shall be
returned to the Technical Secretariat.
58. The Technical Secretariat shall compile the results of the laboratory
analysis of samples relevant to compliance with this Convention and include
them in the final inspection report. The Technical Secretariat shall include
in the report detailed information concerning the equipment and methodology
employed by the designated laboratories.
Extension of inspection duration
59. Periods of inspection may be extended by agreement with the representative
of the inspected State Party.
Debriefing
60. Upon completion of an inspection the inspection team shall meet with
representatives of the inspected State Party and the personnel responsible for
the inspection site to review the preliminary findings of the inspection team
and to clarify any ambiguities. The inspection team shall provide to the
representatives of the inspected State Party its preliminary findings in
written form according to a standardized format, together with a list of any
samples and copies of written information and data gathered and other material
to be taken off-site. The document shall be signed by the head of the
inspection team. In order to indicate that he has taken notice of the
contents of the document, the representative of the inspected State Party
shall countersign the document. This meeting shall be completed not later than
24 hours after the completion of the inspection.
F. DEPARTURE
61. Upon completion of the post-inspection procedures, the inspection team
shall leave, as soon as possible, the territory of the inspected State Party
or the Host State.
G. REPORTS
62. Not later than 10 days after the inspection, the inspectors shall prepare
a factual, final report on the activities conducted by them and on their
findings. It shall only contain facts relevant to compliance with this
Convention, as provided for under the inspection mandate. The report shall
also provide information as to the manner in which the State Party inspected
cooperated with the inspection team. Differing observations made by
inspectors may be attached to the report. The report shall be kept
confidential.
63. The final report shall immediately be submitted to the inspected State
Party. Any written comments, which the inspected State Party may immediately
make on its findings shall be annexed to it. The final report together with
annexed comments made by the inspected State Party shall be submitted to the
Director-General not later than 30 days after the inspection.
64. Should the report contain uncertainties, or should cooperation between the
National Authority and the inspectors not measure up to the standards
required, the Director-General shall approach the State Party for
clarification.
65. If the uncertainties cannot be removed or the facts established are of a
nature to suggest that obligations undertaken under this Convention have not
been met, the Director-General shall inform the Executive Council without
delay.
H. APPLICATION OF GENERAL PROVISIONS
66. The provisions of this Part shall apply to all inspections conducted
pursuant to this Convention, except where the provisions of this Part differ
from the provisions set forth for specific types of inspections in Parts III
to XI of this Annex, in which case the latter provisions shall take
precedence.
PART III
GENERAL PROVISIONS FOR VERIFICATION MEASURES PURSUANT TO
ARTICLES IV, V AND VI, PARAGRAPH 3
A. INITIAL INSPECTIONS AND FACILITY AGREEMENTS
1. Each declared facility subject to on-site inspection pursuant to Articles
IV, V and VI, paragraph 3, shall receive an initial inspection promptly after
the facility is declared. The purpose of this inspection of the facility
shall be to verify information provided and to obtain any additional
information needed for planning future verification activities at the
facility, including on-site inspections and continuous monitoring with on-site
instruments, and to work on the facility agreements.
2. States Parties shall ensure that the verification of declarations and the
initiation of the systematic verification measures can be accomplished by the
Technical Secretariat at all facilities within the established time-frames
after this convention enters into force for them.
3. Each State Party shall conclude a facility agreement with the Organization
for each facility declared and subject to on-site inspection pursuant to
Articles IV, V, and VI, paragraph 3.
4. Facility agreements shall be completed not later than 180 days after this
Convention enters into force for the State Party or after the facility has
been declared for the first time, except for a chemical weapons destruction
facility to which paragraphs 5 to 7 shall apply.
5. In the case of a chemical weapons destruction facility that begins
operations more than one year after this Convention enters into force for the
State Party, the facility agreement shall be completed not less than 180 days
before the facility begins operation.
6. In the case of a chemical weapons destruction facility that is in operation
when this Convention enters into force for the State Party, or begins
operation not later than one year thereafter, the facility agreement shall be
completed not later than 210 days after this Convention enters into force for
the State Party, except that the Executive Council may decide that
transitional verification arrangements, approved in accordance with Part IV
(A), paragraph 51, of this Annex and including a transitional facility
agreement, provisions for verification through on-site inspection and
monitoring with on-site instruments, and the time-frame for application of the
arrangements, are sufficient.
7. In the case of a facility, referred to in paragraph 6, that will cease
operations not later than two years after this Convention enters into force
for the State Party, the Executive Council may decide that transitional
verification arrangements, approved in accordance with Part IV (A), paragraph
51, of this Annex and including a transitional facility agreement, provisions
for verification through on-site inspection and monitoring with on-site
instruments, and the time-frame for application of the arrangements, are
sufficient.
8. Facility agreements shall be based on models for such agreements and
provide for detailed arrangements which shall govern inspections at each
facility. The model agreements shall include provisions to take into account
future technological developments and shall be considered and approved by the
Conference pursuant to Article VIII, paragraph 21(i).
9. The Technical Secretariat may retain at each site a sealed container for
photographs, plans and other information that it may wish to refer to in the
course of subsequent inspections.
B. STANDING ARRANGEMENTS
10. Where applicable, the Technical Secretariat shall have the right to have
continuous monitoring instruments and systems and seals installed and to use
them, in conformity with the relevant provisions in this Convention and the
facility agreements between States Parties and the Organization.
11. The inspected State Party shall, in accordance with agreed procedures,
have the right to inspect any instrument used or installed by the inspection
team and to have it tested in the presence of representatives of the inspected
State Party. The inspection team shall have the right to use the instruments
that were installed by the inspected State Party for its own monitoring of the
technological process of the destruction of chemical weapons. To this end, the
inspection team shall have the right to inspect those instruments that it
intends to use for purposes of verification of the destruction of chemical
weapons and to have them tested in its presence.
12. The inspected State Party shall provide the necessary preparation and
support for the establishment of continuous monitoring instruments and
systems.
13. In order to implement paragraphs 11 and 12, appropriate detailed
procedures shall be considered and approved by the Conference pursuant to
Article VIII, paragraph 21(i).
14. The inspected State Party shall immediately notify the Technical
Secretariat if an event occurs or may occur at a facility where monitoring
instruments are installed, which may have an impact on the monitoring system.
The inspected State Party shall coordinate subsequent actions with the
Technical Secretariat with a view to restoring the operation of the monitoring
system and establishing interim measures, if necessary, as soon as possible.
15. The inspection team shall verify during each inspection that the
monitoring system functions correctly and that emplaced seals have not been
tampered with. In addition, visits to service the monitoring system may be
required to perform any necessary maintenance or replacement of equipment, or
to adjust the coverage of the monitoring system as required.
16. If the monitoring system indicates any anomaly, the Technical Secretariat
shall immediately take action to determine whether this resulted from
equipment malfunction or activities at the facility. If, after this
examination, the problem remains unresolved, the Technical Secretariat shall
immediately ascertain the actual situation, including through immediate
on-site inspection of, or visit to, the facility if necessary. The Technical
Secretariat shall report any such problem immediately after its detection to
the inspected State Party which shall assist in its resolution.
C. PRE-INSPECTION ACTIVITIES
17. The inspected State Party shall, except as specified in paragraph 18, be
notified of inspections not less than 24 hours in advance of the planned
arrival of the inspection team at the point of entry.
18. The inspected State Party shall be notified of initial inspections not
less than 72 hours in advance of the estimated time of arrival of the
inspection team at the point of entry.
PART IV (A)
DESTRUCTION OF CHEMICAL WEAPONS AND ITS VERIFICATION
PURSUANT TO ARTICLE IV
A. DECLARATIONS
Chemical weapons
1. The declaration of chemical weapons by a State Party pursuant to Article
III, paragraph 1 (a) (ii), shall include the following:
(a) The aggregate quantity of each chemical declared;
(b) The precise location of each chemical weapons storage facility,
expressed by:
(i) Name;
(ii) Geographical coordinates; and
(iii) A detailed site diagram, including a boundary map and the location
of bunkers/storage areas within the facility.
(c) The detailed inventory for each chemical weapons storage facility
including:
(i) Chemicals defined as chemical weapons in accordance with Article
II;
(ii) Unfilled munitions, sub-munitions, devices and equipment defined
as chemical weapons;
(iii) Equipment specially designed for use directly in connection with
the employment of munitions, sub-munitions, devices or equipment
specified in sub-subparagraph (ii);
(iv) Chemicals specifically designed for use directly in connection
with the employment of munitions, sub-munitions, devices or
equipment specified in sub-subparagraph (ii).
2. For the declaration of chemicals referred to in paragraph 1 (c) (i) the
following shall apply:
(a) Chemicals shall be declared in accordance with the Schedules specified
in the Annex on Chemicals;
(b) For a chemical not listed in the Schedules in the Annex on Chemicals the
information required for possible assignment of the chemical to the
appropriate Schedule shall be provided, including the toxicity of the pure
compound. For a precursor, the toxicity and identity of the principal final
reaction product(s) shall be provided;
(c) Chemicals shall be identified by chemical name in accordance with
current International Union of Pure and Applied Chemistry (IUPAC)
nomenclature, structural formula and Chemical Abstracts Service registry
number, if assigned. For a precursor, the toxicity and identity of the
principal final reaction product(s) shall be provided;
(d) In cases involving mixtures of two or more chemicals, each chemical
shall be identified and the percentage of each shall be provided, and the
mixture shall be declared under the category of the most toxic chemical. If a
component of a binary chemical weapon consists of a mixture of two or more
chemicals, each chemical shall be identified and the percentage of each
provided;
(e) Binary chemical weapons shall be declared under the relevant end product
within the framework of the categories of chemical weapons referred to in
paragraph 16. The following supplementary information shall be provided for
each type of binary chemical munition/device:
(i) The chemical name of the toxic end-product;
(ii) The chemical composition and quantity of each component;
(iii) The actual weight ratio between the components;
(iv) Which component is considered the key component;
(v) The projected quantity of the toxic end-product calculated on a
stoichiometric basis from the key component, assuming 100 per cent
yield. A declared quantity (in tonnes) of the key component
intended for a specific toxic end-product shall be considered
equivalent to the quantity (in tonnes) of this toxic end-product
calculated on a stoichiometric basis assuming 100 per cent yield.
(f) For multicomponent chemical weapons, the declaration shall be analogous
to that envisaged for binary chemical weapons;
(g) For each chemical the form of storage, i.e. munitions, sub-munitions,
devices, equipment or bulk containers and other containers shall be declared.
For each form of storage the following shall be listed:
(i) Type;
(ii) Size or calibre;
(iii) Number of items; and
(iv) Nominal weight of chemical fill per item.
(h) For each chemical the total weight present at the storage facility shall
be declared;
(i) In addition, for chemicals stored in bulk, the percentage purity shall
be declared, if known.
3. For each type of unfilled munitions, sub-munitions, devices or equipment,
referred to in paragraph 1 (c) (ii), the information shall include:
(a) The number of items;
(b) The nominal fill volume per item;
(c) The intended chemical fill.
Declarations of chemical weapons pursuant to Article III, paragraph 1 (a)
(iii)
4. The declaration of chemical weapons pursuant to Article III, paragraph 1
(a) (iii), shall contain all information specified in paragraphs 1 to 3 above.
It is the responsibility of the State Party on whose territory the chemical
weapons are located to make appropriate arrangements with the other State to
ensure that the declarations are made. If the State Party on whose territory
the chemical weapons are located is not able to fulfil its obligations under
this paragraph, it shall state the reasons therefor.
Declarations of past transfers and receipts
5. A State Party that has transferred or received chemical weapons since 1
January 1946 shall declare these transfers or receipts pursuant to Article
III, paragraph 1 (a) (iv), provided the amount transferred or received
exceeded 1 tonne per chemical per year in bulk and/or munition form. This
declaration shall be made according to the inventory format specified in
paragraphs 1 and 2. This declaration shall also indicate the supplier and
recipient countries, the dates of the transfers or receipts and, as precisely
as possible, the current location of the transferred items. When not all the
specified information is available for transfers or receipts of chemical
weapons for the period between 1 January 1946 and 1 January 1970, the State
Party shall declare whatever information is still available to it and provide
an explanation as to why it cannot submit a full declaration.
Submission of the general plan for destruction of chemical weapons
6. The general plan for destruction of chemical weapons submitted pursuant to
Article III, paragraph 1 (a) (v), shall provide an overview of the entire
national chemical weapons destruction programme of the State Party and
information on the efforts of the State Party to fulfil the destruction
requirements contained in this Convention. The plan shall specify:
(a) A general schedule for destruction, giving types and approximate
quantities of chemical weapons planned to be destroyed in each annual
destruction period for each existing chemical weapons destruction facility
and, if possible, for each planned chemical weapons destruction facility;
(b) The number of chemical weapons destruction facilities existing or
planned to be operated over the destruction period;
(c) For each existing or planned chemical weapons destruction facility:
(i) Name and location; and
(ii) The types and approximate quantities of chemical weapons, and the
type (for example, nerve agent or blister agent) and approximate
quantity of chemical fill, to be destroyed;
(d) The plans and programmes for training personnel for the operation of
destruction facilities;
(e) The national standards for safety and emissions that the destruction
facilities must satisfy;
(f) Information on the development of new methods for destruction of
chemical weapons and on the improvement of existing methods;
(g) The cost estimates for destroying the chemical weapons; and
(h) Any issues which could adversely impact on the national destruction
programme.
B. MEASURES TO SECURE THE STORAGE FACILITY AND STORAGE FACILITY PREPARATION
7. Not later than when submitting its declaration of chemical weapons, a
State Party shall take such measures as it considers appropriate to secure its
storage facilities and shall prevent any movement of its chemical weapons out
of the facilities, except their removal for destruction.
8. A State Party shall ensure that chemical weapons at its storage facilities
are configured to allow ready access for verification in accordance with
paragraphs 37 to 49.
9. While a storage facility remains closed for any movement of chemical
weapons out of the facility other than their removal for destruction, a State
Party may continue at the facility standard maintenance activities, including
standard maintenance of chemical weapons; safety monitoring and physical
security activities; and preparation of chemical weapons for destruction.
10. Maintenance activities of chemical weapons shall not include:
(a) Replacement of agent or of munition bodies;
(b) Modification of the original characteristics of munitions, or parts or
components thereof.
11. All maintenance activities shall be subject to monitoring by the
Technical Secretariat.
C. DESTRUCTION
Principles and methods for destruction of chemical weapons
12. "Destruction of chemical weapons" means a process by which chemicals are
converted in an essentially irreversible way to a form unsuitable for
production of chemical weapons, and which in an irreversible manner renders
munitions and other devices unusable as such.
13. Each State Party shall determine how it shall destroy chemical weapons,
except that the following processes may not be used: dumping in any body of
water, land burial or open-pit burning. It shall destroy chemical weapons
only at specifically designated and appropriately designed and equipped
facilities.
14. Each State Party shall ensure that its chemical weapons destruction
facilities are constructed and operated in a manner to ensure the destruction
of the chemical weapons; and that the destruction process can be verified
under the provisions of this Convention.
Order of destruction
15. The order of destruction of chemical weapons is based on the obligations
specified in Article I and the other Articles, including obligations regarding
systematic on-site verification. It takes into account interests of States
Parties for undiminished security during the destruction period;
confidence-building in the early part of the destruction stage; gradual
acquisition of experience in the course of destroying chemical weapons; and
applicability irrespective of the actual composition of the stockpiles and the
methods chosen for the destruction of the chemical weapons. The order of
destruction is based on the principle of levelling out.
16. For the purpose of destruction, chemical weapons declared by each State
Party shall be divided into three categories:
Category 1: Chemical weapons on the basis of Schedule 1 chemicals and
their parts and components;
Category 2:Chemical weapons on the basis of all other chemicals and
their parts and components;
Category 3:Unfilled munitions and devices, and equipment specifically
designed for use directly in connection with employment of
chemical weapons.
17. A State Party shall start:
(a) The destruction of Category 1 chemical weapons not later than two years
after this Convention enters into force for it, and shall complete the
destruction not later than 10 years after entry into force of this Convention.
A State Party shall destroy chemical weapons in accordance with the following
destruction deadlines:
(i) Phase 1: Not later than two years after entry into force of this
Convention, testing of its first destruction facility shall be
completed. Not less than 1 per cent of the Category 1 chemical
weapons shall be destroyed not later than three years after the
entry into force of this Convention;
(ii) Phase 2: Not less than 20 per cent of the Category 1 chemical
weapons shall be destroyed not later than five years after the
entry into force of this Convention;
(iii)Phase 3: Not less than 45 per cent of the Category 1 chemical
weapons shall be destroyed not later than seven years after the
entry into force of this Convention;
(iv)Phase 4: All Category 1 chemical weapons shall be destroyed not
later than 10 years after the entry into force of this Convention.
(b) The destruction of Category 2 chemical weapons not later than one year
after this Convention enters into force for it and shall complete the
destruction not later than five years after the entry into force of this
Convention. Category 2 chemical weapons shall be destroyed in equal annual
increments throughout the destruction period. The comparison factor for such
weapons is the weight of the chemicals within Category 2; and
(c) The destruction of Category 3 chemical weapons not later than one year
after this Convention enters into force for it, and shall complete the
destruction not later than five years after the entry into force of this
Convention. Category 3 chemical weapons shall be destroyed in equal annual
increments throughout the destruction period. The comparison factor for
unfilled munitions and devices is expressed in nominal fill volume (m3) and
for equipment in number of items.
18. For the destruction of binary chemical weapons the following shall apply:
(a) For the purposes of the order of destruction, a declared quantity (in
tonnes) of the key component intended for a specific toxic end-product shall
be considered equivalent to the quantity (in tonnes) of this toxic end-product
calculated on a stoichiometric basis assuming 100 per cent yield.
(b) A requirement to destroy a given quantity of the key component shall
entail a requirement to destroy a corresponding quantity of the other
component, calculated from the actual weight ratio of the components in the
relevant type of binary chemical munition/device.
(c) If more of the other component is declared than is needed, based on the
actual weight ratio between components, the excess shall be destroyed over the
first two years after destruction operations begin.
(d) At the end of each subsequent operational year a State Party may retain
an amount of the other declared component that is determined on the basis of
the actual weight ratio of the components in the relevant type of binary
chemical munition/device.
19. For multicomponent chemical weapons the order of destruction shall be
analogous to that envisaged for binary chemical weapons.
Modification of intermediate destruction deadlines
20. The Executive Council shall review the general plans for destruction of
chemical weapons, submitted pursuant to Article III, paragraph 1 (a) (v), and
in accordance with paragraph 6, inter alia, to assess their conformity with
the order of destruction set forth in paragraphs 15 to 19. The Executive
Council shall consult with any State Party whose plan does not conform, with
the objective of bringing the plan into conformity.
21. If a State Party, due to exceptional circumstances beyond its control,
believes that it cannot achieve the level of destruction specified for Phase
1, Phase 2 or Phase 3 of the order of destruction of Category 1 chemical
weapons, it may propose changes in those levels. Such a proposal must be made
not later than 120 days after the entry into force of this Convention and
shall contain a detailed explanation of the reasons for the proposal.
22. Each State Party shall take all necessary measures to ensure destruction
of Category 1 chemical weapons in accordance with the destruction deadlines
set forth in paragraph 17 (a) as changed pursuant to paragraph 21. However,
if a State Party believes that it will be unable to ensure the destruction of
the percentage of Category 1 chemical weapons required by an intermediate
destruction deadline, it may request the Executive Council to recommend to the
Conference to grant an extension of its obligation to meet that deadline.
Such a request must be made not less than 180 days before the intermediate
destruction deadline and shall contain a detailed explanation of the reasons
for the request and the plans of the State Party for ensuring that it will be
able to fulfil its obligation to meet the next intermediate destruction
deadline.
23. If an extension is granted, the State Party shall still be under the
obligation to meet the cumulative destruction requirements set forth for the
next destruction deadline. Extensions granted pursuant to this Section shall
not, in any way, modify the obligation of the State Party to destroy all
Category 1 chemical weapons not later than 10 years after the entry into force
of this Convention.
Extension of the deadline for completion of destruction
24. If a State Party believes that it will be unable to ensure the destruction
of all Category 1 chemical weapons not later than 10 years after the entry
into force of this Convention, it may submit a request to the Executive
Council for an extension of the deadline for completing the destruction of
such chemical weapons. Such a request must be made not later than nine years
after the entry into force of this Convention.
25. The request shall contain:
(a) The duration of the proposed extension;
(b) A detailed explanation of the reasons for the proposed extension; and
(c) A detailed plan for destruction during the proposed extension and the
remaining portion of the original 10-year period for destruction.
26. A decision on the request shall be taken by the Conference at its next
session, on the recommendation of the Executive Council. Any extension shall
be the minimum necessary, but in no case shall the deadline for a State Party
to complete its destruction of all chemical weapons be extended beyond 15
years after the entry into force of this Convention. The Executive Council
shall set conditions for the granting of the extension, including the specific
verification measures deemed necessary as well as specific actions to be taken
by the State Party to overcome problems in its destruction programme. Costs
of verification during the extension period shall be allocated in accordance
with Article IV, paragraph 16.
27. If an extension is granted, the State Party shall take appropriate
measures to meet all subsequent deadlines.
28. The State Party shall continue to submit detailed annual plans for
destruction in accordance with paragraph 29 and annual reports on the
destruction of Category 1 chemical weapons in accordance with paragraph 36,
until all Category 1 chemical weapons are destroyed. In addition, not later
than at the end of each 90 days of the extension period, the State Party shall
report to the Executive Council on its destruction activity. The Executive
Council shall review progress towards completion of destruction and take the
necessary measures to document this progress. All information concerning the
destruction activities during the extension period shall be provided by the
Executive Council to States Parties, upon request.
Detailed annual plans for destruction
29. The detailed annual plans for destruction shall be submitted to the
Technical Secretariat not less than 60 days before each annual destruction
period begins pursuant to Article IV, paragraph 7 (a), and shall specify:
(a) The quantity of each specific type of chemical weapon to be destroyed at
each destruction facility and the inclusive dates when the destruction of each
specific type of chemical weapon will be accomplished;
(b) The detailed site diagram for each chemical weapons destruction facility
and any changes to previously submitted diagrams; and
(c) The detailed schedule of activities for each chemical weapons
destruction facility for the upcoming year, identifying time required for
design, construction or modification of the facility, installation of
equipment, equipment check-out and operator training, destruction operations
for each specific type of chemical weapon, and scheduled periods of
inactivity.
30. A State Party shall provide, for each of its chemical weapons destruction
facilities, detailed facility information to assist the Technical Secretariat
in developing preliminary inspection procedures for use at the facility.
31. The detailed facility information for each destruction facility shall
include the following information:
(a) Name, address and location;
(b) Detailed, annotated facility drawings;
(c) Facility design drawings, process drawings, and piping and
instrumentation design drawings;
(d) Detailed technical descriptions, including design drawings and
instrument specifications, for the equipment required for: removing the
chemical fill from the munitions, devices, and containers; temporarily storing
the drained chemical fill; destroying the chemical agent; and destroying the
munitions, devices, and containers;
(e) Detailed technical descriptions of the destruction process, including
material flow rates, temperatures and pressures, and designed destruction
efficiency;
(f) Design capacity for each specific type of chemical weapon;
(g) A detailed description of the products of destruction and the method of
their ultimate disposal;
(h) A detailed technical description of measures to facilitate inspections
in accordance with this Convention;
(i) A detailed description of any temporary holding area at the destruction
facility that will be used to provide chemical weapons directly to the
destruction facility, including site and facility drawings and information on
the storage capacity for each specific type of chemical weapon to be destroyed
at the facility;
(j) A detailed description of the safety and medical measures in force at
the facility;
(k) A detailed description of the living quarters and working premises for
the inspectors; and
(l) Suggested measures for international verification.
32. A State Party shall provide, for each of its chemical weapons destruction
facilities, the plant operations manuals, the safety and medical plans, the
laboratory operations and quality assurance and control manuals, and the
environmental permits that have been obtained, except that this shall not
include material previously provided.
33. A State Party shall promptly notify the Technical Secretariat of any
developments that could affect inspection activities at its destruction
facilities.
34. Deadlines for submission of the information specified in paragraphs 30 to
32 shall be considered and approved by the Conference pursuant to Article
VIII, paragraph 21 (i).
35. After a review of the detailed facility information for each destruction
facility, the Technical Secretariat, if the need arises, shall enter into
consultation with the State Party concerned in order to ensure that its
chemical weapons destruction facilities are designed to assure the destruction
of chemical weapons, to allow advanced planning on how verification measures
may be applied and to ensure that the application of verification measures is
consistent with proper facility operation, and that the facility operation
allows appropriate verification.
Annual reports on destruction
36. Information regarding the implementation of plans for destruction of
chemical weapons shall be submitted to the Technical Secretariat pursuant to
Article IV, paragraph 7 (b), not later than 60 days after the end of each
annual destruction period and shall specify the actual amounts of chemical
weapons which were destroyed during the previous year at each destruction
facility. If appropriate, reasons for not meeting destruction goals should be
stated.
D. VERIFICATION
Verification of declarations of chemical weapons through on-site inspection
37. The purpose of the verification of declarations of chemical weapons shall
be to confirm through on-site inspection the accuracy of the relevant
declarations made pursuant to Article III.
38. The inspectors shall conduct this verification promptly after a
declaration is submitted. They shall, inter alia, verify the quantity and
identity of chemicals, types and number of munitions, devices and other
equipment.
39. The inspectors shall employ, as appropriate, agreed seals, markers or
other inventory control procedures to facilitate an accurate inventory of the
chemical weapons at each storage facility.
40. As the inventory progresses, inspectors shall install such agreed seals as
may be necessary to clearly indicate if any stocks are removed, and to ensure
the securing of the storage facility during the inventory. After completion
of the inventory, such seals will be removed unless otherwise agreed.
Systematic verification of storage facilities
41. The purpose of the systematic verification of storage facilities shall be
to ensure that no undetected removal of chemical weapons from such facilities
takes place.
42. The systematic verification shall be initiated as soon as possible after
the declaration of chemical weapons is submitted and shall continue until all
chemical weapons have been removed from the storage facility. It shall in
accordance with the facility agreement, combine on-site inspection and
monitoring with on-site instruments.
43. When all chemical weapons have been removed from the storage facility, the
Technical Secretariat shall confirm the declaration of the State Party to that
effect. After this confirmation, the Technical Secretariat shall terminate the
systematic verification of the storage facility and shall promptly remove any
monitoring instruments installed by the inspectors.
Inspections and visits
44. The particular storage facility to be inspected shall be chosen by the
Technical Secretariat in such a way as to preclude the prediction of precisely
when the facility is to be inspected. The guidelines for determining the
frequency of systematic on-site inspections shall be elaborated by the
Technical Secretariat, taking into account the recommendations to be
considered and approved by the Conference pursuant to Article VIII, paragraph
21 (i).
45. The Technical Secretariat shall notify the inspected State Party of its
decision to inspect or visit the storage facility 48 hours before the planned
arrival of the inspection team at the facility for systematic inspections or
visits. In cases of inspections or visits to resolve urgent problems, this
period may be shortened. The Technical Secretariat shall specify the purpose
of the inspection or visit.
46. The inspected State Party shall make any necessary preparations for the
arrival of the inspectors and shall ensure their expeditious transportation
from their point of entry to the storage facility. The facility agreement will
specify administrative arrangements for inspectors.
47. The inspected State Party shall provide the inspection team upon its
arrival at the chemical weapons storage facility to carry out an inspection,
with the following data on the facility:
(a) The number of storage buildings and storage locations;
(b) For each storage building and storage location, the type and the
identification number or designation, shown on the site diagram; and
(c) For each storage building and storage location at the facility, the
number of items of each specific type of chemical weapon, and, for containers
that are not part of binary munitions, the actual quantity of chemical fill in
each container.
48. In carrying out an inventory, within the time available, inspectors shall
have the right:
(a) To use any of the following inspection techniques:
(i) inventory all the chemical weapons stored at the facility;
(ii) inventory all the chemical weapons stored in specific buildings or
locations at the facility, as chosen by the inspectors; or
(iii) inventory all the chemical weapons of one or more specific types
stored at the facility, as chosen by the inspectors; and
(b) To check all items inventoried against agreed records.
49. Inspectors shall, in accordance with facility agreements:
(a) Have unimpeded access to all parts of the storage facilities including
any munitions, devices, bulk containers, or other containers therein. While
conducting their activity, inspectors shall comply with the safety regulations
at the facility. The items to be inspected will be chosen by the inspectors;
and
(b) Have the right, during the first and any subsequent inspection of each
chemical weapons storage facility, to designate munitions, devices, and
containers from which samples are to be taken, and to affix to such munitions,
devices, and containers a unique tag that will indicate an attempt to remove
or alter the tag. A sample shall be taken from a tagged item at a chemical
weapons storage facility or a chemical weapons destruction facility as soon as
it is practically possible in accordance with the corresponding destruction
programmes, and, in any case, not later than by the end of the destruction
operations.
Systematic verification of the destruction of chemical weapons
50. The purpose of verification of destruction of chemical weapons shall be:
(a) To confirm the identity and quantity of the chemical weapons stocks to
be destroyed; and
(b) To confirm that these stocks have been destroyed.
51. Chemical weapons destruction operations during the first 390 days after
the entry into force of this Convention shall be governed by transitional
verification arrangements. Such arrangements, including a transitional
facility agreement, provisions for verification through on-site inspection and
monitoring with on-site instruments, and the time-frame for application of the
arrangements, shall be agreed between the Organization and the inspected State
Party. These arrangements shall be approved by the Executive Council not
later than 60 days after this Convention enters into force for the State
Party, taking into account the recommendations of the Technical Secretariat,
which shall be based on an evaluation of the detailed facility information
provided in accordance with paragraph 31 and a visit to the facility. The
Executive Council shall, at its first session, establish the guidelines for
such transitional verification arrangements, based on recommendations to be
considered and approved by the Conference pursuant to Article VIII, paragraph
21 (i). The transitional verification arrangements shall be designed to
verify, throughout the entire transitional period, the destruction of chemical
weapons in accordance with the purposes set forth in paragraph 50, and to
avoid hampering ongoing destruction operations.
52. The provisions of paragraphs 53 to 61 shall apply to chemical weapons
destruction operations that are to begin not earlier than 390 days after the
entry into force of this Convention.
53. On the basis of this Convention and the detailed destruction facility
information, and as the case may be, on experience from previous inspections,
the Technical Secretariat shall prepare a draft plan for inspecting the
destruction of chemical weapons at each destruction facility. The plan shall
be completed and provided to the inspected State Party for comment not less
than 270 days before the facility begins destruction operations pursuant to
this Convention. Any differences between the Technical Secretariat and the
inspected State Party should be resolved through consultations. Any
unresolved matter shall be forwarded to the Executive Council for appropriate
action with a view to facilitating the full implementation of this Convention.
54. The Technical Secretariat shall conduct an initial visit to each chemical
weapons destruction facility of the inspected State Party not less than 240
days before each facility begins destruction operations pursuant to this
Convention, to allow it to familiarize itself with the facility and assess the
adequacy of the inspection plan.
55. In the case of an existing facility where chemical weapons destruction
operations have already been initiated, the inspected State Party shall not be
required to decontaminate the facility before the Technical Secretariat
conducts an initial visit. The duration of the visit shall not exceed five
days and the number of visiting personnel shall not exceed 15.
56. The agreed detailed plans for verification, with an appropriate
recommendation by the Technical Secretariat, shall be forwarded to the
Executive Council for review. The Executive Council shall review the plans
with a view to approving them, consistent with verification objectives and
obligations under this Convention. It should also confirm that verification
schemes for destruction are consistent with verification aims and are
efficient and practical. This review should be completed not less than 180
days before the destruction period begins.
57. Each member of the Executive Council may consult with the Technical
Secretariat on any issues regarding the adequacy of the plan for verification.
If there are no objections by any member of the Executive Council, the plan
shall be put into action.
58. If there are any difficulties, the Executive Council shall enter into
consultations with the State Party to reconcile them. If any difficulties
remain unresolved they shall be referred to the Conference.
59. The detailed facility agreements for chemical weapons destruction
facilities shall specify, taking into account the specific characteristics of
the destruction facility and its mode of operation:
(a) Detailed on-site inspection procedures; and
(b) Provisions for verification through continuous monitoring with on-site
instruments and physical presence of inspectors.
60. Inspectors shall be granted access to each chemical weapons destruction
facility not less than 60 days before the commencement of the destruction,
pursuant to this Convention, at the facility. Such access shall be for the
purpose of supervising the installation of the inspection equipment,
inspecting this equipment and testing its operation, as well as for the
purpose of carrying out a final engineering review of the facility. In the
case of an existing facility where chemical weapons destruction operations
have already been initiated, destruction operations shall be stopped for the
minimum amount of time required, not to exceed 60 days, for installation and
testing of the inspection equipment. Depending on the results of the testing
and review, the State Party and the Technical Secretariat may agree on
additions or changes to the detailed facility agreement for the facility.
61. The inspected State Party shall notify, in writing, the inspection team
leader at a chemical weapons destruction facility not less than four hours
before the departure of each shipment of chemical weapons from a chemical
weapons storage facility to that destruction facility. This notification shall
specify the name of the storage facility, the estimated times of departure and
arrival, the specific types and quantities of chemical weapons being
transported, whether any tagged items are being moved, and the method of
transportation. This notification may include notification of more than one
shipment. The inspection team leader shall be promptly notified, in writing,
of any changes in this information.
Chemical weapons storage facilities at chemical weapons destruction facilities
62. The inspectors shall verify the arrival of the chemical weapons at the
destruction facility and the storing of these chemical weapons. The
inspectors shall verify the inventory of each shipment, using agreed
procedures consistent with facility safety regulations, prior to the
destruction of the chemical weapons. They shall employ, as appropriate,
agreed seals, markers or other inventory control procedures to facilitate an
accurate inventory of the chemical weapons prior to destruction.
63. As soon and as long as chemical weapons are stored at chemical weapons
storage facilities located at chemical weapons destruction facilities, these
storage facilities shall be subject to systematic verification in conformity
with the relevant facility agreements.
64. At the end of an active destruction phase, inspectors shall make an
inventory of the chemical weapons, that have been removed from the storage
facility, to be destroyed. They shall verify the accuracy of the inventory of
the chemical weapons remaining, employing inventory control procedures as
referred to in paragraph 62.
Systematic on-site verification measures at chemical weapons destruction
facilities
65. The inspectors shall be granted access to conduct their activities at the
chemical weapons destruction facilities and the chemical weapons storage
facilities located at such facilities during the entire active phase of
destruction.
66. At each chemical weapons destruction facility, to provide assurance that
no chemical weapons are diverted and that the destruction process has been
completed, inspectors shall have the right to verify through their physical
presence and monitoring with on-site instruments:
(a) The receipt of chemical weapons at the facility;
(b) The temporary holding area for chemical weapons and the specific type
and quantity of chemical weapons stored in that area;
(c) The specific type and quantity of chemical weapons being destroyed;
(d) The process of destruction;
(e) The end-product of destruction;
(f) The mutilation of metal parts; and
(g) The integrity of the destruction process and of the facility as a whole.
67. Inspectors shall have the right to tag, for sampling, munitions, devices,
or containers located in the temporary holding areas at the chemical weapons
destruction facilities.
68. To the extent that it meets inspection requirements, information from
routine facility operations, with appropriate data authentication, shall be
used for inspection purposes.
69. After the completion of each period of destruction, the Technical
Secretariat shall confirm the declaration of the State Party, reporting the
completion of destruction of the designated quantity of chemical weapons.
70. Inspectors shall, in accordance with facility agreements:
(a) Have unimpeded access to all parts of the chemical weapons destruction
facilities and the chemical weapons storage facilities located at such
facilities, including any munitions, devices, bulk containers, or other
containers, therein. The items to be inspected shall be chosen by the
inspectors in accordance with the verification plan that has been agreed to by
the inspected State Party and approved by the Executive Council;
(b) Monitor the systematic on-site analysis of samples during the
destruction process; and
(c) Receive, if necessary, samples taken at their request from any devices,
bulk containers and other containers at the destruction facility or the
storage facility thereat.
PART IV (B)
OLD CHEMICAL WEAPONS AND ABANDONED CHEMICAL WEAPONS
A. GENERAL
1. Old chemical weapons shall be destroyed as provided for in Section B.
2. Abandoned chemical weapons, including those which also meet the definition
of Article II, paragraph 5 (b), shall be destroyed as provided for in Section
C.
B. REGIME FOR OLD CHEMICAL WEAPONS
3. A State Party which has on its territory old chemical weapons as defined in
Article II, paragraph 5 (a), shall, not later than 30 days after this
Convention enters into force for it, submit to the Technical Secretariat all
available relevant information, including, to the extent possible, the
location, type, quantity and the present condition of these old chemical
weapons.
In the case of old chemical weapons as defined in Article II, paragraph 5 (b),
the State Party shall submit to the Technical Secretariat a declaration
pursuant to Article III, paragraph 1 (b) (i), including, to the extent
possible, the information specified in Part IV (A), paragraphs 1 to 3, of this
Annex.
4. A State Party which discovers old chemical weapons after this Convention
enters into force for it shall submit to the Technical Secretariat the
information specified in paragraph 3 not later than 180 days after the
discovery of the old chemical weapons.
5. The Technical Secretariat shall conduct an initial inspection, and any
further inspections as may be necessary, in order to verify the information
submitted pursuant to paragraphs 3 and 4 and in particular to determine
whether the chemical weapons meet the definition of old chemical weapons as
specified in Article II, paragraph 5. Guidelines to determine the usability of
chemical weapons produced between 1925 and 1946 shall be considered and
approved by the Conference pursuant to Article VIII, paragraph 21 (i).
6. A State Party shall treat old chemical weapons that have been confirmed by
the Technical Secretariat as meeting the definition in Article II, paragraph 5
(a), as toxic waste. It shall inform the Technical Secretariat of the steps
being taken to destroy or otherwise dispose of such old chemical weapons as
toxic waste in accordance with its national legislation.
7. Subject to paragraphs 3 to 5, a State Party shall destroy old chemical
weapons that have been confirmed by the Technical Secretariat as meeting the
definition in Article II, paragraph 5 (b), in accordance with Article IV and
Part IV (A) of this Annex. Upon request of a State Party, the Executive
Council may, however, modify the provisions on time-limit and order of
destruction of these old chemical weapons, if it determines that doing so
would not pose a risk to the object and purpose of this Convention. The
request shall contain specific proposals for modification of the provisions
and a detailed explanation of the reasons for the proposed modification.
C. REGIME FOR ABANDONED CHEMICAL WEAPONS
8. A State Party on whose territory there are abandoned chemical weapons
(hereinafter referred to as the "Territorial State Party") shall, not later
than 30 days after this Convention enters into force for it, submit to the
Technical Secretariat all available relevant information concerning the
abandoned chemical weapons. This information shall include, to the extent
possible, the location, type, quantity and the present condition of the
abandoned chemical weapons as well as information on the abandonment.
9. A State Party which discovers abandoned chemical weapons after this
Convention enters into force for it shall, not later than 180 days after the
discovery, submit to the Technical Secretariat all available relevant
information concerning the discovered abandoned chemical weapons. This
information shall include, to the extent possible, the location, type,
quantity and the present condition of the abandoned chemical weapons as well
as information on the abandonment.
10. A State Party which has abandoned chemical weapons on the territory of
another State Party (hereinafter referred to as the "Abandoning State Party")
shall, not later than 30 days after this Convention enters into force for it,
submit to the Technical Secretariat all available relevant information
concerning the abandoned chemical weapons. This information shall include, to
the extent possible, the location, type, quantity as well as information on
the abandonment, and the condition of the abandoned chemical weapons.
11. The Technical Secretariat shall conduct an initial inspection, and any
further inspections as may be necessary, in order to verify all available
relevant information submitted pursuant to paragraphs 8 to 10 and determine
whether systematic verification in accordance with Part IV (A), paragraphs 41
to 43, of this Annex is required. It shall, if necessary, verify the origin of
the abandoned chemical weapons and establish evidence concerning the
abandonment and the identity of the Abandoning State.
12. The report of the Technical Secretariat shall be submitted to the
Executive Council, the Territorial State Party, and to the Abandoning State
Party or the State Party declared by the Territorial State Party or identified
by the Technical Secretariat as having abandoned the chemical weapons. If one
of the States Parties directly concerned is not satisfied with the report it
shall have the right to settle the matter in accordance with provisions of
this Convention or bring the issue to the Executive Council with a view to
settling the matter expeditiously.
13. Pursuant to Article I, paragraph 3, the Territorial State Party shall have
the right to request the State Party which has been established as the
Abandoning State Party pursuant to paragraphs 8 to 12 to enter into
consultations for the purpose of destroying the abandoned chemical weapons in
cooperation with the Territorial State Party. It shall immediately inform the
Technical Secretariat of this request.
14. Consultations between the Territorial State Party and the Abandoning State
Party with a view to establishing a mutually agreed plan for destruction shall
begin not later than 30 days after the Technical Secretariat has been informed
of the request referred to in paragraph 13. The mutually agreed plan for
destruction shall be transmitted to the Technical Secretariat not later than
180 days after the Technical Secretariat has been informed of the request
referred to in paragraph 13. Upon the request of the Abandoning State Party
and the Territorial State Party, the Executive Council may extend the
time-limit for transmission of the mutually agreed plan for destruction.
15. For the purpose of destroying abandoned chemical weapons, the Abandoning
State Party shall provide all necessary financial, technical, expert, facility
as well as other resources. The Territorial State Party shall provide
appropriate cooperation.
16. If the Abandoning State cannot be identified or is not a State Party, the
Territorial State Party, in order to ensure the destruction of these abandoned
chemical weapons, may request the Organization and other States Parties to
provide assistance in the destruction of these abandoned chemical weapons.
17. Subject to paragraphs 8 to 16, Article IV and Part IV (A) of this Annex
shall also apply to the destruction of abandoned chemical weapons. In the
case of abandoned chemical weapons which also meet the definition of old
chemical weapons in Article II, paragraph 5 (b), the Executive Council, upon
the request of the Territorial State Party, individually or together with the
Abandoning State Party, may modify or in exceptional cases suspend the
application of provisions on destruction, if it determines that doing so would
not pose a risk to the object and purpose of this Convention. In the case of
abandoned chemical weapons which do not meet the definition of old chemical
weapons in Article II, paragraph 5 (b), the Executive Council, upon the
request of the Territorial State Party, individually or together with the
Abandoning State Party, may in exceptional circumstances modify the provisions
on the time-limit and the order of destruction, if it determines that doing so
would not pose a risk to the object and purpose of this Convention. Any
request as referred to in this paragraph shall contain specific proposals for
modification of the provisions and a detailed explanation of the reasons for
the proposed modification.
18. State Parties may conclude between themselves agreements or arrangements
concerning the destruction of abandoned chemical weapons. The Executive
Council may, upon request of the Territorial State Party, individually or
together with the Abandoning State Party, decide that selected provisions of
such agreements or arrangements take precedence over provisions of this
Section, if it determines that the agreement or arrangement ensures the
destruction of the abandoned chemical weapons in accordance with paragraph 17.
PART V
DESTRUCTION OF CHEMICAL WEAPONS PRODUCTION FACILITIES
AND ITS VERIFICATION PURSUANT TO ARTICLE V
A. DECLARATIONS
Declarations of chemical weapons production facilities
1. The declaration of chemical weapons production facilities by a State Party
pursuant to Article III, paragraph 1 (c) (ii), shall contain for each
facility:
(a) The name of the facility, the names of the owners, and the names of the
companies or enterprises operating the facility since 1 January 1946;
(b) The precise location of the facility, including the address, location of
the complex, location of the facility within the complex including the
specific building and structure number, if any;
(c) A statement whether it is a facility for the manufacture of chemicals
that are defined as chemical weapons or whether it is a facility for the
filling of chemical weapons, or both;
(d) The date when the construction of the facility was completed and the
periods during which any modifications to the facility were made, including
the installation of new or modified equipment, that significantly changed the
production process characteristics of the facility;
(e) Information on the chemicals defined as chemical weapons that were
manufactured at the facility; the munitions, devices, and containers that were
filled at the facility; and the dates of the beginning and cessation of such
manufacture or filling:
(i) For chemicals defined as chemical weapons that were manufactured
at the facility, such information shall be expressed in terms of
the specific types of chemicals manufactured, indicating the
chemical name in accordance with the current International Union
of Pure and Applied Chemistry (IUPAC) nomenclature, structural
formula, and the Chemical Abstracts Service registry number, if
assigned, and in terms of the amount of each chemical expressed by
weight of chemical in tonnes;
(ii) For munitions, devices and containers that were filled at the
facility, such information shall be expressed in terms of the
specific type of chemical weapons filled and the weight of the
chemical fill per unit;
(f) The production capacity of the chemical weapons production facility:
(i) For a facility where chemical weapons were manufactured,
production capacity shall be expressed in terms of the annual
quantitative potential for manufacturing a specific substance on
the basis of the technological process actually used or, in the
case of processes not actually used, planned to be used at the
facility;
(ii)For a facility where chemical weapons were filled, production
capacity shall be expressed in terms of the quantity of chemical
that the facility can fill into each specific type of chemical
weapon a year;
(g) For each chemical weapons production facility that has not been
destroyed, a description of the facility including:
(i) A site diagram;
(ii) A process flow diagram of the facility; and
(iii) An inventory of buildings at the facility, and specialized
equipment at the facility and of any spare parts for such
equipment;
(h) The present status of the facility, stating:
(i) The date when chemical weapons were last produced at the facility;
(ii) Whether the facility has been destroyed, including the date and
manner of its destruction; and
(iii)Whether the facility has been used or modified before entry into
force of this Convention for an activity not related to the
production of chemical weapons, and if so, information on what
modifications have been made, the date such non-chemical weapons
related activity began and the nature of such activity,
indicating, if applicable, the kind of product;
(i) A specification of the measures that have been taken by the State Party
for closure of, and a description of the measures that have been or will be
taken by the State Party to inactivate the facility;
(j) A description of the normal pattern of activity for safety and security
at the inactivated facility; and
(k) A statement as to whether the facility will be converted for the
destruction of chemical weapons and, if so, the dates for such conversions.
Declarations of chemical weapons production facilities pursuant to Article
III, paragraph 1 (c) (iii)
2. The declaration of chemical weapons production facilities pursuant to
Article III, paragraph 1 (c) (iii), shall contain all information specified in
paragraph 1 above. It is the responsibility of the State Party on whose
territory the facility is or has been located to make appropriate arrangements
with the other State to ensure that the declarations are made. If the State
Party on whose territory the facility is or has been located is not able to
fulfil this obligation, it shall state the reasons therefor.
Declarations of past transfers and receipts
3. A State Party that has transferred or received chemical weapons production
equipment since 1 January 1946 shall declare these transfers and receipts
pursuant to Article III, paragraph 1 (c) (iv), and in accordance with
paragraph 5 below. When not all the specified information is available for
transfer and receipt of such equipment for the period between 1 January 1946
and 1 January 1970, the State Party shall declare whatever information is
still available to it and provide an explanation as to why it cannot submit a
full declaration.
4. Chemical weapons production equipment referred to in paragraph 3 means:
(a) Specialized equipment;
(b) Equipment for the production of equipment specifically designed for use
directly in connection with chemical weapons employment; and
(c) Equipment designed or used exclusively for producing non-chemical parts
for chemical munitions.
5. The declaration concerning transfer and receipt of chemical weapons
production equipment shall specify:
(a) Who received/transferred the chemical weapons production equipment;
(b) The identity of such equipment;
(c) The date of transfer or receipt;
(d) Whether the equipment was destroyed, if known; and
(e) Current disposition, if known.
Submission of general plans for destruction
6. For each chemical weapons production facility, a State Party shall supply
the following information:
(a) Envisaged time-frame for measures to be taken; and
(b) Methods of destruction.
7. For each chemical weapons production facility that a State Party intends to
convert temporarily into a chemical weapons destruction facility, the State
Party shall supply the following information:
(a) Envisaged time-frame for conversion into a destruction facility;
(b) Envisaged time-frame for utilizing the facility as a chemical weapons
destruction facility;
(c) Description of the new facility;
(d) Method of destruction of special equipment;
(e) Time-frame for destruction of the converted facility after it has been
utilized to destroy chemical weapons; and
(f) Method of destruction of the converted facility.
Submission of annual plans for destruction and annual reports on destruction
8. The State Party shall submit an annual plan for destruction not less than
90 days before the beginning of the coming destruction year. The annual plan
shall specify:
(a) Capacity to be destroyed;
(b) Name and location of the facilities where destruction will take place;
(c) List of buildings and equipment that will be destroyed at each facility;
and
(d) Planned method(s) of destruction.
9. A State Party shall submit an annual report on destruction not later than
90 days after the end of the previous destruction year. The annual report
shall specify:
(a) Capacity destroyed;
(b) Name and location of each facility where destruction took place;
(c) List of buildings and equipment that were destroyed at each facility;
(d) Methods of destruction.
10. For a chemical weapons production facility declared pursuant to Article
III, paragraph 1 (c) (iii), it is the responsibility of the State Party on
whose territory the facility is or has been located to make appropriate
arrangements to ensure that the declarations specified in paragraphs 6 to 9
above are made. If the State Party on whose territory the facility is or has
been located is not able to fulfil this obligation, it shall state the reasons
therefor.
B. DESTRUCTION
General principles for destruction of chemical weapons production facilities
11. Each State Party shall decide on methods to be applied for the destruction
of chemical weapons production facilities, according to the principles laid
down in Article V and in this Part.
Principles and methods for closure of a chemical weapons production facility
12. The purpose of the closure of a chemical weapons production facility is to
render it inactive.
13. Agreed measures for closure shall be taken by a State Party with due
regard to the specific characteristics of each facility. Such measures shall
include, inter alia:
(a) Prohibition of occupation of the specialized buildings and standard
buildings of the facility except for agreed activities;
(b) Disconnection of equipment directly related to the production of
chemical weapons, including, inter alia, process control equipment and
utilities;
(c) Decommissioning of protective installations and equipment used
exclusively for the safety of operations of the chemical weapons production
facility;
(d) Installation of blind flanges and other devices to prevent the addition
of chemicals to, or the removal of chemicals from, any specialized process
equipment for synthesis, separation or purification of chemicals defined as a
chemical weapon, any storage tank, or any machine for filling chemical
weapons, the heating, cooling, or supply of electrical or other forms of power
to such equipment, storage tanks, or machines; and
(e) Interruption of rail, road and other access routes for heavy transport
to the chemical weapons production facility except those required for agreed
activities.
14. While the chemical weapons production facility remains closed, a State
Party may continue safety and physical security activities at the facility.
Technical maintenance of chemical weapons production facilities prior to their
destruction
15. A State Party may carry out standard maintenance activities at chemical
weapons production facilities only for safety reasons, including visual
inspection, preventive maintenance, and routine repairs.
16. All planned maintenance activities shall be specified in the general and
detailed plans for destruction. Maintenance activities shall not include:
(a) Replacement of any process equipment;
(b) Modification of the characteristics of the chemical process equipment;
(c) Production of chemicals of any type.
17. All maintenance activities shall be subject to monitoring by the Technical
Secretariat.
Principles and methods for temporary conversion of chemical weapons production
facilities into chemical weapons destruction facilities
18. Measures pertaining to the temporary conversion of chemical weapons
production facilities into chemical weapons destruction facilities shall
ensure that the regime for the temporarily converted facilities is at least as
stringent as the regime for chemical weapons production facilities that have
not been converted.
19. Chemical weapons production facilities converted into chemical weapons
destruction facilities before entry into force of this Convention shall be
declared under the category of chemical weapons production facilities.
They shall be subject to an initial visit by inspectors, who shall confirm the
correctness of the information about these facilities. Verification that the
conversion of these facilities was performed in such a manner as to render
them inoperable as chemical weapons production facilities shall also be
required, and shall fall within the framework of measures provided for the
facilities that are to be rendered inoperable not later than 90 days after
entry into force of this Convention.
20. A State Party that intends to carry out a conversion of chemical weapons
production facilities shall submit to the Technical Secretariat, not later
than 30 days after this Convention enters into force for it, or not later than
30 days after a decision has been taken for temporary conversion, a general
facility conversion plan, and subsequently shall submit annual plans.
21. Should a State Party have the need to convert to a chemical weapons
destruction facility an additional chemical weapons production facility that
had been closed after this Convention entered into force for it, it shall
inform the Technical Secretariat thereof not less than 150 days before
conversion. The Technical Secretariat, in conjuction with the State Party,
shall make sure that the necessary measures are taken to render that facility,
after its conversion, inoperable as a chemical weapons production facility.
22. A facility converted for the destruction of chemical weapons shall not be
more fit for resuming chemical weapons production than a chemical weapons
production facility which has been closed and is under maintenance. Its
reactivation shall require no less time than that required for a chemical
weapons production facility that has been closed and is under maintenance.
23. Converted chemical weapons production facilities shall be destroyed not
later than 10 years after entry into force of this Convention.
24. Any measures for the conversion of any given chemical weapons production
facility shall be facility-specific and shall depend upon its individual
characteristics.
25. The set of measures carried out for the purpose of converting a chemical
weapons production facility into a chemical weapons destruction facility shall
not be less than that which is provided for the disabling of other chemical
weapons production facilities to be carried out not later than 90 days after
this Convention enters into force for the State Party.
Principles and methods related to destruction of a chemical weapons production
facility
26. A State Party shall destroy equipment and buildings covered by the
definition of a chemical weapons production facility as follows:
(a) All specialized equipment and standard equipment shall be physically
destroyed;
(b) All specialized buildings and standard buildings shall be physically
destroyed.
27. A State Party shall destroy facilities for producing unfilled chemical
munitions and equipment for chemical weapons employment as follows:
(a) Facilities used exclusively for production of non-chemical parts for
chemical munitions or equipment specifically designed for use directly in
connection with chemical weapons employment, shall be declared and destroyed.
The destruction process and its verification shall be conducted according to
the provisions of Article V and this Part of this Annex that govern
destruction of chemical weapons production facilities;
(b) All equipment designed or used exclusively for producing non-chemical
parts for chemical munitions shall be physically destroyed. Such equipment,
which includes specially designed moulds and metal-forming dies, may be
brought to a special location for destruction;
(c) All buildings and standard equipment used for such production activities
shall be destroyed or converted for purposes not prohibited under this
Convention, with confirmation, as necessary, through consultations and
inspections as provided for under Article IX;
(d) Activities for purposes not prohibited under this Convention may
continue while destruction or conversion proceeds.
Order of destruction
28. The order of destruction of chemical weapons production facilities is
based on the obligations specified in Article I and the other Articles of this
Convention, including obligations regarding systematic on-site verification.
It takes into account interests of States Parties for undiminished security
during the destruction period; confidence-building in the early part of the
destruction stage; gradual acquisition of experience in the course of
destroying chemical weapons production facilities; and applicability
irrespective of the actual characteristics of the facilities and the methods
chosen for their destruction. The order of destruction is based on the
principle of levelling out.
29. A State Party shall, for each destruction period, determine which chemical
weapons production facilities are to be destroyed and carry out the
destruction in such a way that not more than what is specified in paragraphs
30 and 31 remains at the end of each destruction period. A State Party is not
precluded from destroying its facilities at a faster pace.
30. The following provisions shall apply to chemical weapons production
facilities that produce Schedule 1 chemicals:
(a) A State Party shall start the destruction of such facilities not later
than one year after this Convention enters into force for it, and shall
complete it not later than 10 years after entry into force of this Convention.
For a State which is a Party at the entry into force of this Convention, this
overall period shall be divided into three separate destruction periods,
namely, years 2-5, years 6-8, and years 9-10. For States which become a Party
after entry into force of this Convention, the destruction periods shall be
adapted, taking into account paragraphs 28 and 29;
(b) Production capacity shall be used as the comparison factor for such
facilities. It shall be expressed in agent tonnes, taking into account the
rules specified for binary chemical weapons;
(c) Appropriate agreed levels of production capacity shall be established
for the end of the eighth year after entry into force of this Convention.
Production capacity that exceeds the relevant level shall be destroyed in
equal increments during the first two destruction periods;
(d) A requirement to destroy a given amount of capacity shall entail a
requirement to destroy any other chemical weapons production facility that
supplied the Schedule 1 facility or filled the Schedule 1 chemical produced
there into munitions or devices;
(e) Chemical weapons production facilities that have been converted
temporarily for destruction of chemical weapons shall continue to be subject
to the obligation to destroy capacity according to the provisions of this
paragraph.
31. A State Party shall start the destruction of chemical weapons production
facilities not covered in paragraph 30 not later than one year after this
Convention enters into force for it, and complete it not later than five years
after entry into force of this Convention.
Detailed plans for destruction
32. Not less than 180 days before the destruction of a chemical weapons
production facility starts, a State Party shall provide to the Technical
Secretariat the detailed plans for destruction of the facility, including
proposed measures for verification of destruction referred to in paragraph 33
(f), with respect to, inter alia:
(a) Timing of the presence of the inspectors at the facility to be
destroyed; and
(b) Procedures for verification of measures to be applied to each item on
the declared inventory.
33. The detailed plans for destruction of each chemical weapons production
facility shall contain:
(a) Detailed time schedule of the destruction process;
(b) Layout of the facility;
(c) Process flow diagram;
(d) Detailed inventory of equipment, buildings and other items to be
destroyed;
(e) Measures to be applied to each item on the inventory;
(f) Proposed measures for verification;
(g) Security/safety measures to be observed during the destruction of the
facility; and
(h) Working and living conditions to be provided for inspectors.
34. If a State Party intends to convert temporarily a chemical weapons
production facility into a chemical weapons destruction facility, it shall
notify the Technical Secretariat not less than 150 days before undertaking any
conversion activities. The notification shall:
(a) Specify the name, address, and location of the facility;
(b) Provide a site diagram indicating all structures and areas that will be
involved in the destruction of chemical weapons and also identify all
structures of the chemical weapons production facility that are to be
temporarily converted;
(c) Specify the types of chemical weapons, and the type and quantity of
chemical fill to be destroyed;
(d) Specify the destruction method;
(e) Provide a process flow diagram, indicating which portions of the
production process and specialized equipment will be converted for the
destruction of chemical weapons;
(f) Specify the seals and inspection equipment potentially affected by the
conversion, if applicable; and
(g) Provide a schedule identifying: The time allocated to design, temporary
conversion of the facility, installation of equipment, equipment check-out,
destruction operations, and closure.
35. In relation to the destruction of a facility that was temporarily
converted for destruction of chemical weapons, information shall be provided
in accordance with paragraphs 32 and 33.
Review of detailed plans
36. On the basis of the detailed plan for destruction and proposed measures
for verification submitted by the State Party, and on experience from previous
inspections, the Technical Secretariat shall prepare a plan for verifying the
destruction of the facility, consulting closely with the State Party. Any
differences between the Technical Secretariat and the State Party concerning
appropriate measures should be resolved through consultations. Any unresolved
matters shall be forwarded to the Executive Council for appropriate action
with a view to facilitating the full implementation of this Convention.
37. To ensure that the provisions of Article V and this Part are fulfilled,
the combined plans for destruction and verification shall be agreed upon
between the Executive Council and the State Party. This agreement should be
completed, not less than 60 days before the planned initiation of destruction.
38. Each member of the Executive Council may consult with the Technical
Secretariat on any issues regarding the adequacy of the combined plan for
destruction and verification. If there are no objections by any member of the
Executive Council, the plan shall be put into action.
39. If there are any difficulties, the Executive Council shall enter into
consultations with the State Party to reconcile them. If any difficulties
remain unresolved they shall be referred to the Conference. The resolution of
any differences over methods of destruction shall not delay the execution of
other parts of the destruction plan that are acceptable.
40. If agreement is not reached with the Executive Council on aspects of
verification, or if the approved verification plan cannot be put into action,
verification of destruction shall proceed through continuous monitoring with
on-site instruments and physical presence of inspectors.
41. Destruction and verification shall proceed according to the agreed plan.
The verification shall not unduly interfere with the destruction process and
shall be conducted through the presence of inspectors on-site to witness the
destruction.
42. If required verification or destruction actions are not taken as planned,
all States Parties shall be so informed.
C. VERIFICATION
Verification of declarations of chemical weapons production facilities through
on-site inspection
43. The Technical Secretariat shall conduct an initial inspection of each
chemical weapons production facility in the period between 90 and 120 days
after this Convention enters into force for the State Party.
44. The purposes of the initial inspection shall be:
(a) To confirm that the production of chemical weapons has ceased and that
the facility has been inactivated in accordance with this Convention;
(b) To permit the Technical Secretariat to familiarize itself with the
measures that have been taken to cease production of chemical weapons at the
facility;
(c) To permit the inspectors to install temporary seals;
(d) To permit the inspectors to confirm the inventory of buildings and
specialized equipment;
(e) To obtain information necessary for planning inspection activities at
the facility, including use of tamper-indicating seals and other agreed
equipment, which shall be installed pursuant to the detailed facility
agreement for the facility; and
(f) To conduct preliminary discussions regarding a detailed agreement on
inspection procedures at the facility.
45. Inspectors shall employ, as appropriate, agreed seals, markers or other
inventory control procedures to facilitate an accurate inventory of the
declared items at each chemical weapons production facility.
46. Inspectors shall install such agreed devices as may be necessary to
indicate if any resumption of production of chemical weapons occurs or if any
declared item is removed. They shall take the necessary precaution not to
hinder closure activities by the inspected State Party. Inspectors may return
to maintain and verify the integrity of the devices.
47. If, on the basis of the initial inspection, the Director-General believes
that additional measures are necessary to inactivate the facility in
accordance with this Convention, the Director-General may request, not later
than 135 days after this Convention enters into force for a State Party, that
such measures be implemented by the inspected State Party not later than 180
days after this Convention enters into force for it. At its discretion, the
inspected State Party may satisfy the request. If it does not satisfy the
request, the inspected State Party and the Director-General shall consult to
resolve the matter.
Systematic verification of chemical weapons production facilities and
cessation of their activities
48. The purpose of the systematic verification of a chemical weapons
production facility shall be to ensure that any resumption of production of
chemical weapons or removal of declared items will be detected at this
facility.
49. The detailed facility agreement for each chemical weapons production
facility shall specify:
(a) Detailed on-site inspection procedures, which may include:
(i) Visual examinations;
(ii) Checking and servicing of seals and other agreed devices; and
(iii) Obtaining and analysing samples;
(b) Procedures for using tamper-indicating seals and other agreed equipment
to prevent the undetected reactivation of the facility, which shall specify:
(i) The type, placement, and arrangements for installation; and
(ii) The maintenance of such seals and equipment; and
(c) Other agreed measures.
50. The seals or other approved equipment provided for in a detailed agreement
on inspection measures for that facility shall be placed not later than 240
days after this Convention enters into force for a State Party. Inspectors
shall be permitted to visit each chemical weapons production facility for the
installation of such seals or equipment.
51. During each calendar year, the Technical Secretariat shall be permitted to
conduct up to four inspections of each chemical weapons production facility.
52. The Director-General shall notify the inspected State Party of his
decision to inspect or visit a chemical weapons production facility 48 hours
before the planned arrival of the inspection team at the facility for
systematic inspections or visits. In the case of inspections or visits to
resolve urgent problems, this period may be shortened. The Director-General
shall specify the purpose of the inspection or visit.
53. Inspectors shall, in accordance with the facility agreements, have
unimpeded access to all parts of the chemical weapons production facilities.
The items on the declared inventory to be inspected shall be chosen by the
inspectors.
54. The guidelines for determining the frequency of systematic on-site
inspections shall be considered and approved by the Conference pursuant to
Article VIII, paragraph 21(i). The particular production facility to be
inspected shall be chosen by the Technical Secretariat in such a way as to
preclude the prediction of precisely when the facility is to be inspected.
Verification of destruction of chemical weapons production facilities
55. The purpose of systematic verification of the destruction of chemical
weapons production facilities shall be to confirm that the facility is
destroyed in accordance with the obligations under this Convention and that
each item on the declared inventory is destroyed in accordance with the agreed
detailed plan for destruction.
56. When all items on the declared inventory have been destroyed, the
Technical Secretariat shall confirm the declaration of the State Party to that
effect. After this confirmation, the Technical Secretariat shall terminate the
systematic verification of the chemical weapons production facility and shall
promptly remove all devices and monitoring instruments installed by the
inspectors.
57. After this confirmation, the State Party shall make the declaration that
the facility has been destroyed.
Verification of temporary conversion of a chemical weapons production facility
into a chemical weapons destruction facility
58. Not later than 90 days after receiving the initial notification of the
intent to convert temporarily a production facility, the inspectors shall have
the right to visit the facility to familiarize themselves with the proposed
temporary conversion and to study possible inspection measures that will be
required during the conversion.
59. Not later than 60 days after such a visit, the Technical Secretariat and
the inspected State Party shall conclude a transition agreement containing
additional inspection measures for the temporary conversion period. The
transition agreement shall specify inspection procedures, including the use of
seals, monitoring equipment, and inspections, that will provide confidence
that no chemical weapons production takes place during the conversion process.
This agreement shall remain in force from the beginning of the temporary
conversion activity until the facility begins operation as a chemical weapons
destruction facility.
60. The inspected State Party shall not remove or convert any portion of the
facility, or remove or modify any seal or other agreed inspection equipment
that may have been installed pursuant to this Convention until the transition
agreement has been concluded.
61. Once the facility begins operation as a chemical weapons destruction
facility, it shall be subject to the provisions of Part IV(A) of this Annex
applicable to chemical weapons destruction facilities. Arrangements for the
pre-operation period shall be governed by the transition agreement.
62. During destruction operations the inspectors shall have access to all
portions of the temporarily converted chemical weapons production facilities,
including those that are not directly involved with the destruction of
chemical weapons.
63. Before the commencement of work at the facility to convert it temporarily
for chemical weapons destruction purposes and after the facility has ceased to
function as a facility for chemical weapons destruction, the facility shall be
subject to the provisions of this Part applicable to chemical weapons
production facilities.
D. CONVERSION OF CHEMICAL WEAPONS PRODUCTION FACILITIES TO PURPOSES NOT
PROHIBITED UNDER THIS CONVENTION
Procedures for requesting conversion
64. A request to use a chemical weapons production facility for purposes not
prohibited under this Convention may be made for any facility that a State
Party is already using for such purposes before this Convention enters into
force for it, or that it plans to use for such purposes.
65. For a chemical weapons production facility that is being used for purposes
not prohibited under this Convention when this Convention enters into force
for the State Party, the request shall be submitted to the Director-General
not later than 30 days after this Convention enters into force for the State
Party. The request shall contain, in addition to data submitted in accordance
with paragraph 1(h)(iii), the following information:
(a) A detailed justification for the request;
(b) A general facility conversion plan that specifies:
(i) The nature of the activity to be conducted at the facility;
(ii)If the planned activity involves production, processing, or
consumption of chemicals: the name of each of the chemicals, the
flow diagram of the facility, and the quantities planned to be
produced, processed, or consumed annually;
(iii) Which buildings or structures are proposed to be used and what
modifications are proposed, if any;
(iv) Which buildings or structures have been destroyed or are proposed
to be destroyed and the plans for destruction;
(v)What equipment is to be used in the facility;
(vi) What equipment has been removed and destroyed and what equipment
is proposed to be removed and destroyed and the plans for its
destruction;
(vii) The proposed schedule for conversion, if applicable; and
(viii) The nature of the activity of each other facility operating at the
site; and
(c) A detailed explanation of how measures set forth in subparagraph (b), as
well as any other measures proposed by the State Party, will ensure the
prevention of standby chemical weapons production capability at the facility.
66. For a chemical weapons production facility that is not being used for
purposes not prohibited under this Convention when this Convention enters into
force for the State Party, the request shall be submitted to the
Director-General not later than 30 days after the decision to convert, but in
no case later than four years after this Convention enters into force for the
State Party. The request shall contain the following information:
(a) A detailed justification for the request, including its economic needs;
(b) A general facility conversion plan that specifies:
(i) The nature of the activity to be conducted at the facility;
(ii)If the planned activity involves production, processing, or
consumption of chemicals: the name of each of the chemicals, the
flow diagram of the facility, and the quantities planned to be
produced, processed, or consumed annually;
(iii)Which buildings or structures are proposed to be used and what
modifications are proposed, if any;
(iv)Which buildings or structures have been destroyed or are proposed
to be destroyed and the plans for destruction;
(v)What equipment is to be used in the facility;
(vi)What equipment is proposed to be removed and destroyed and the
plans for its destruction;
(vii)The proposed schedule for conversion, if applicable; and
(viii)The nature of the activity of each other facility operating at the
site; and
(c) A detailed explanation of how measures set forth in subparagraph (b), as
well as any other measures proposed by the State Party, will ensure the
prevention of standby chemical weapons production capability at the facility.
67. The State Party may propose in its request any other measures it deems
appropriate to build confidence.
Actions pending a decision
68. Pending a decision of the Conference, a State Party may continue to use
for purposes not prohibited under this Convention a facility that was being
used for such purposes before this Convention enters into force for it, but
only if the State Party certifies in its request that no specialized equipment
and no specialized buildings are being used and that the specialized equipment
and specialized buildings have been rendered inactive using the methods
specified in paragraph 13.
69. If the facility, for which the request was made, was not being used for
purposes not prohibited under this Convention before this Convention enters
into force for the State Party, or if the certification required in paragraph
68 is not made, the State Party shall cease immediately all activity pursuant
to Article V, paragraph 4. The State Party shall close the facility in
accordance with paragraph 13 not later than 90 days after this Convention
enters into force for it.
Conditions for conversion
70. As a condition for conversion of a chemical weapons production facility
for purposes not prohibited under this Convention, all specialized equipment
at the facility must be destroyed and all special features of buildings and
structures that distinguish them from buildings and structures normally used
for purposes not prohibited under this Convention and not involving Schedule 1
chemicals must be eliminated.
71. A converted facility shall not be used:
(a) For any activity involving production, processing, or consumption of a
Schedule 1 chemical or a Schedule 2 chemical; or
(b) For the production of any highly toxic chemical, including any highly
toxic organophosphorus chemical, or for any other activity that would require
special equipment for handling highly toxic or highly corrosive chemicals,
unless the Executive Council decides that such production or activity would
pose no risk to the object and purpose of this Convention, taking into account
criteria for toxicity, corrosiveness and, if applicable, other technical
factors, to be considered and approved by the Conference pursuant to Article
VIII, paragraph 21(i).
72. Conversion of a chemical weapons production facility shall be completed
not later than six years after entry into force of this Convention.
Decisions by the Executive Council and the Conference
73. Not later than 90 days after receipt of the request by the
Director-General, an initial inspection of the facility shall be conducted by
the Technical Secretariat. The purpose of this inspection shall be to
determine the accuracy of the information provided in the request, to obtain
information on the technical characteristics of the proposed converted
facility, and to assess the conditions under which use for purposes not
prohibited under this Convention may be permitted. The Director-General shall
promptly submit a report to the Executive Council, the Conference, and all
States Parties containing his recommendations on the measures necessary to
convert the facility to purposes not prohibited under this Convention and to
provide assurance that the converted facility will be used only for purposes
not prohibited under this Convention.
74. If the facility has been used for purposes not prohibited under this
Convention before this Convention enters into force for the State Party, and
is continuing to be in operation, but the measures required to be certified
under paragraph 68 have not been taken, the Director-General shall immediately
inform the Executive Council, which may require implementation of measures it
deems appropriate, inter alia, shut-down of the facility and removal of
specialized equipment and modification of buildings or structures. The
Executive Council shall stipulate the deadline for implementation of these
measures and shall suspend consideration of the request pending their
satisfactory completion. The facility shall be inspected promptly after the
expiration of the deadline to determine whether the measures have been
implemented. If not, the State Party shall be required to shut down
completely all facility operations.
75. As soon as possible after receiving the report of the Director-General,
the Conference, upon recommendation of the Executive Council, shall decide,
taking into account the report and any views expressed by States Parties,
whether to approve the request, and shall establish the conditions upon which
approval is contingent. If any State Party objects to approval of the request
and the associated conditions, consultations shall be undertaken among
interested States Parties for up to 90 days to seek a mutually acceptable
solution. A decision on the request and associated conditions, along with any
proposed modifications thereto, shall be taken, as a matter of substance, as
soon as possible after the end of the consultation period.
76. If the request is approved, a facility agreement shall be completed not
later than 90 days after such a decision is taken. The facility agreement
shall contain the conditions under which the conversion and use of the
facility is permitted, including measures for verification. Conversion shall
not begin before the facility agreement is concluded.
Detailed plans for conversion
77. Not less than 180 days before conversion of a chemical weapons production
facility is planned to begin, the State Party shall provide the Technical
Secretariat with the detailed plans for conversion of the facility, including
proposed measures for verification of conversion, with respect to, inter alia:
(a) Timing of the presence of the inspectors at the facility to be
converted; and
(b) Procedures for verification of measures to be applied to each item on
the declared inventory.
78. The detailed plan for conversion of each chemical weapons production
facility shall contain:
(a) Detailed time schedule of the conversion process;
(b) Layout of the facility before and after conversion;
(c) Process flow diagram of the facility before, and as appropriate, after
the conversion;
(d) Detailed inventory of equipment, buildings and structures and other
items to be destroyed and of the buildings and structures to be modified;
(e) Measures to be applied to each item on the inventory, if any;
(f) Proposed measures for verification;
(g) Security/safety measures to be observed during the conversion of the
facility; and
(h) Working and living conditions to be provided for inspectors.
Review of detailed plans
79. On the basis of the detailed plan for conversion and proposed measures for
verification submitted by the State Party, and on experience from previous
inspections, the Technical Secretariat shall prepare a plan for verifying the
conversion of the facility, consulting closely with the State Party. Any
differences between the Technical Secretariat and the State Party concerning
appropriate measures shall be resolved through consultations. Any unresolved
matters shall be forwarded to the Executive Council for appropriate action
with a view to facilitate the full implementation of this Convention.
80. To ensure that the provisions of Article V and this Part are fulfilled,
the combined plans for conversion and verification shall be agreed upon
between the Executive Council and the State Party. This agreement shall be
completed not less than 60 days before conversion is planned to begin.
81. Each member of the Executive Council may consult with the Technical
Secretariat on any issue regarding the adequacy of the combined plan for
conversion and verification. If there are no objections by any member of the
Executive Council, the plan shall be put into action.
82. If there are any difficulties, the Executive Council should enter into
consultations with the State Party to reconcile them. If any difficulties
remain unresolved, they should be referred to the Conference. The resolution
of any differences over methods of conversion should not delay the execution
of other parts of the conversion plan that are acceptable.
83. If agreement is not reached with the Executive Council on aspects of
verification, or if the approved verification plan cannot be put into action,
verification of conversion shall proceed through continuous monitoring with
on-site instruments and physical presence of inspectors.
84. Conversion and verification shall proceed according to the agreed plan.
The verification shall not unduly interfere with the conversion process and
shall be conducted through the presence of inspectors to confirm the
conversion.
85. For the 10 years after the Director-General certifies that conversion is
complete, the State Party shall provide to inspectors unimpeded access to the
facility at any time. The inspectors shall have the right to observe all
areas, all activities, and all items of equipment at the facility. The
inspectors shall have the right to verify that the activities at the facility
are consistent with any conditions established under this Section, by the
Executive Council and the Conference. The inspectors shall also have the
right, in accordance with provisions of Part II, Section E, of this Annex to
receive samples from any area of the facility and to analyse them to verify
the absence of Schedule 1 chemicals, their stable by-products and
decomposition products and of Schedule 2 chemicals and to verify that the
activities at the facility are consistent with any other conditions on
chemical activities established under this Section, by the Executive Council
and the Conference. The inspectors shall also have the right to managed
access, in accordance with Part X, Section C, of this Annex, to the plant site
at which the facility is located. During the 10-year period, the State Party
shall report annually on the activities at the converted facility. Upon
completion of the 10-year period, the Executive Council, taking into account
recommendations of the Technical Secretariat, shall decide on the nature of
continued verification measures.
86. Costs of verification of the converted facility shall be allocated in
accordance with Article V, paragraph 19.
PART VI
ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION
IN ACCORDANCE WITH ARTICLE VI
REGIME FOR SCHEDULE 1 CHEMICALS AND FACILITIES
RELATED TO SUCH CHEMICALS
A. GENERAL PROVISIONS
1. A State Party shall not produce, acquire, retain or use Schedule 1
chemicals outside the territories of States Parties and shall not transfer
such chemicals outside its territory except to another State Party.
2. A State Party shall not produce, acquire, retain, transfer or use Schedule
1 chemicals unless:
(a) The chemicals are applied to research, medical, pharmaceutical or
protective purposes; and
(b) The types and quantities of chemicals are strictly limited to those
which can be justified for such purposes; and
(c) The aggregate amount of such chemicals at any given time for such
purposes is equal to or less than 1 tonne; and
(d) The aggregate amount for such purposes acquired by a State Party in any
year through production, withdrawal from chemical weapons stocks and transfer
is equal to or less than 1 tonne.
B. TRANSFERS
3. A State Party may transfer Schedule 1 chemicals outside its territory only
to another State Party and only for research, medical, pharmaceutical or
protective purposes in accordance with paragraph 2.
4. Chemicals transferred shall not be retransferred to a third State.
5. Not less than 30 days before any transfer to another State Party both
States Parties shall notify the Technical Secretariat of the transfer.
6. Each State Party shall make a detailed annual declaration regarding
transfers during the previous year. The declaration shall be submitted not
later than 90 days after the end of that year and shall for each Schedule 1
chemical that has been transferred include the following information:
(a) The chemical name, structural formula and Chemical Abstracts Service
registry number, if assigned;
(b) The quantity acquired from other States or transferred to other State
Parties. For each transfer the quantity, recipient and purpose shall be
included.
C. PRODUCTION
General principles for production
7. Each State Party, during production under paragraphs 8 to 12, shall assign
the highest priority to ensuring the safety of people and to protecting the
environment. Each State Party shall conduct such production in accordance
with its national standards for safety and emissions.
Single small-scale facility
8. Each State Party that produces Schedule 1 chemicals for research, medical,
pharmaceutical or protective purposes shall carry out the production at a
single small-scale facility approved by the State Party, except as set forth
in paragraphs 10, 11 and 12.
9. The production at a single small-scale facility shall be carried out in
reaction vessels in production lines not configurated for continuous
operation. The volume of such a reaction vessel shall not exceed 100 litres,
and the total volume of all reaction vessels with a volume exceeding 5 litres
shall not be more than 500 litres.
Other facilities
10. Production of Schedule 1 chemicals in aggregate quantities not exceeding
10 kg per year may be carried out for protective purposes at one facility
outside a single small-scale facility. This facility shall be approved by the
State Party.
11. Production of Schedule 1 chemicals in quantities of more than 100 g per
year may be carried out for research, medical or pharmaceutical purposes
outside a single small-scale facility in aggregate quantities not exceeding 10
kg per year per facility. These facilities shall be approved by the State
Party.
12. Synthesis of Schedule 1 chemicals for research, medical or pharmaceutical
purposes, but not for protective purposes, may be carried out at laboratories
in aggregate quantities less than 100 g per year per facility. These
facilities shall not be subject to any obligation relating to declaration and
verification as specified in Sections D and E.
D. DECLARATIONS
Single small-scale facility
13. Each State Party that plans to operate a single small-scale facility shall
provide the Technical Secretariat with the precise location and a detailed
technical description of the facility, including an inventory of equipment and
detailed diagrams. For existing facilities, this initial declaration shall be
provided not later than 30 days after this Convention enters into force for
the State Party. Initial declarations on new facilities shall be provided not
less than 180 days before operations are to begin.
14. Each State Party shall give advance notification to the Technical
Secretariat of planned changes related to the initial declaration. The
notification shall be submitted not less than 180 days before the changes are
to take place.
15. A State Party producing Schedule 1 chemicals at a single small-scale
facility shall make a detailed annual declaration regarding the activities of
the facility for the previous year. The declaration shall be submitted not
later than 90 days after the end of that year and shall include:
(a) Identification of the facility;
(b) For each Schedule 1 chemical produced, acquired, consumed or stored at
the facility, the following information:
(i) The chemical name, structural formula and Chemical Abstracts
Service registry number, if assigned;
(ii)The methods employed and quantity produced;
(iii)The name and quantity of precursors listed in Schedules 1, 2, or 3
used for production of Schedule 1 chemicals;
(iv)The quantity consumed at the facility and the purpose(s) of the
consumption;
(v)The quantity received from or shipped to other facilities in the
State Party. For each shipment the quantity, recipient and
purpose should be included;
(vi)The maximum quantity stored at any time during the year; and
(vii)The quantity stored at the end of the year; and
(c) Information on any changes at the facility during the year compared to
previously submitted detailed technical descriptions of the facility including
inventories of equipment and detailed diagrams.
16. Each State Party producing Schedule 1 chemicals at a single small-scale
facility shall make a detailed annual declaration regarding the projected
activities and the anticipated production at the facility for the coming year.
The declaration shall be submitted not less than 90 days before the beginning
of that year and shall include:
(a) Identification of the facility;
(b) For each Schedule 1 chemical anticipated to be produced, consumed or
stored at the facility, the following information:
(i) The chemical name, structural formula and Chemical Abstracts
Service registry number, if assigned;
(ii)The quantity anticipated to be produced and the purpose of the
production; and
(c) Information on any anticipated changes at the facility during the year
compared to previously submitted detailed technical descriptions of the
facility including inventories of equipment and detailed diagrams.
Other facilities referred to in paragraphs 10 and 11
17. For each facility, a State Party shall provide the Technical Secretariat
with the name, location and a detailed technical description of the facility
or its relevant part(s) as requested by the Technical Secretariat. The
facility producing Schedule 1 chemicals for protective purposes shall be
specifically identified. For existing facilities, this initial declaration
shall be provided not later than 30 days after this Convention enters into
force for the State Party. Initial declarations on new facilities shall be
provided not less than 180 days before operations are to begin.
18. Each State Party shall give advance notification to the Technical
Secretariat of planned changes related to the initial declaration. The
notification shall be submitted not less than 180 days before the changes are
to take place.
19. Each State Party shall, for each facility, make a detailed annual
declaration regarding the activities of the facility for the previous year.
The declaration shall be submitted not later than 90 days after the end of
that year and shall include:
(a) Identification of the facility;
(b) For each Schedule 1 chemical the following information:
(i) The chemical name, structural formula and Chemical Abstracts
Service registry number, if assigned;
(ii)The quantity produced and, in case of production for protective
purposes, methods employed;
(iii)The name and quantity of precursors listed in Schedules 1, 2, or 3
used for production of Schedule 1 chemicals;
(iv)The quantity consumed at the facility and the purpose of the
consumption;
(v)The quantity transferred to other facilities within the State
Party. For each transfer the quantity, recipient and purpose
should be included;
(vi) The maximum quantity stored at any time during the year; and
(vii)The quantity stored at the end of the year; and
(c) Information on any changes at the facility during the year compared to
previously submitted detailed technical description of the facility.
20. Each State Party shall, for each facility, make a detailed annual
declaration regarding the projected activities and the anticipated production
at the facility for the coming year. The declaration shall be submitted not
less than 90 days before the beginning of that year and shall include:
(a) Identification of the facility;
(b) For each Schedule 1 chemical the following information:
(i) The chemical name, structural formula and Chemical Abstracts
Service registry number, if assigned; and
(ii)The quantity anticipated to be produced, the time periods when the
production is anticipated to take place and the purposes of the
production; and
(c) Information on any anticipated changes at the facility or its relevant
parts, during the year compared to previously submitted detailed technical
descriptions of the facility.
E. VERIFICATION
Single small-scale facility
21. The aim of verification activities at the single small-scale facility
shall be to verify that the quantities of Schedule 1 chemicals produced are
correctly declared and, in particular, that their aggregate amount does not
exceed 1 tonne.
22. The facility shall be subject to systematic verification through on-site
inspection and monitoring with on-site instruments.
23. The number, intensity, duration, timing and mode of inspections for a
particular facility shall be based on the risk to the object and purpose of
this Convention posed by the relevant chemicals, the characteristics of the
facility and the nature of the activities carried out there. Appropriate
guidelines shall be considered and approved by the Conference pursuant to
Article VIII, paragraph 21 (i).
24. The purpose of the initial inspection shall be to verify information
provided concerning the facility, including verification of the limits on
reaction vessels set forth in paragraph 9.
25. Not later than 180 days after this Convention enters into force for a
State Party, it shall conclude a facility agreement, based on a model
agreement, with the Organization, covering detailed inspection procedures for
the facility.
26. Each State Party planning to establish a single small-scale facility after
this Convention enters into force for it shall conclude a facility agreement,
based on a model agreement, with the Organization, covering detailed
inspection procedures for the facility before it begins operation or is used.
27. A model for agreements shall be considered and approved by the Conference
pursuant to Article VIII, paragraph 21 (i).
Other facilities referred to in paragraphs 10 and 11
28. The aim of verification activities at any facility referred to in
paragraphs 10 and 11 shall be to verify that:
(a) The facility is not used to produce any Schedule 1 chemical, except for
the declared chemicals;
(b) The quantities of Schedule 1 chemicals produced, processed or consumed
are correctly declared and consistent with needs for the declared purpose; and
(c) The Schedule 1 chemical is not diverted or used for other purposes.
29. The facility shall be subject to systematic verification through on-site
inspection and monitoring with on-site instruments.
30. The number, intensity, duration, timing and mode of inspections for a
particular facility shall be based on the risk to the object and purpose of
this Convention posed by the quantities of chemicals produced, the
characteristics of the facility and the nature of the activities carried out
there. Appropriate guidelines shall be considered and approved by the
Conference pursuant to Article VIII, paragraph 21 (i).
31. Not later than 180 days after this Convention enters into force for a
State Party, it shall conclude facility agreements with the Organization,
based on a model agreement covering detailed inspection procedures for each
facility.
32. Each State Party planning to establish such a facility after entry into
force of this Convention shall conclude a facility agreement with the
Organization before the facility begins operation or is used.
PART VII
ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION
IN ACCORDANCE WITH ARTICLE VI
REGIME FOR SCHEDULE 2 CHEMICALS AND FACILITIES
RELATED TO SUCH CHEMICALS
A. DECLARATIONS
Declarations of aggregate national data
1. The initial and annual declarations to be provided by each State Party
pursuant to Article VI, paragraphs 7 and 8, shall include aggregate national
data for the previous calendar year on the quantities produced, processed,
consumed, imported and exported of each Schedule 2 chemical, as well as a
quantitative specification of import and export for each country involved.
2. Each State Party shall submit:
(a) Initial declarations pursuant to paragraph 1 not later than 30 days
after this Convention enters into force for it; and, starting in the following
calendar year,
(b) Annual declarations not later than 90 days after the end of the previous
calendar year.
Declarations of plant sites producing, processing or consuming Schedule 2
chemicals
3. Initial and annual declarations are required for all plant sites that
comprise one or more plant(s) which produced, processed or consumed during any
of the previous three calendar years or is anticipated to produce, process or
consume in the next calendar year more than:
(a) 1 kg of a chemical designated "*" in Schedule 2, part A;
(b) 100 kg of any other chemical listed in Schedule 2, part A; or
(c) 1 tonne of a chemical listed in Schedule 2, part B.
4. Each State Party shall submit:
(a) Initial declarations pursuant to paragraph 3 not later than 30 days
after this Convention enters into force for it; and, starting in the following
calendar year;
(b) Annual declarations on past activities not later than 90 days after the
end of the previous calendar year;
(c) Annual declarations on anticipated activities not later than 60 days
before the beginning of the following calendar year. Any such activity
additionally planned after the annual declaration has been submitted shall be
declared not later than five days before this activity begins.
5. Declarations pursuant to paragraph 3 are generally not required for
mixtures containing a low concentration of a Schedule 2 chemical. They are
only required, in accordance with guidelines, in cases where the ease of
recovery from the mixture of the Schedule 2 chemical and its total weight are
deemed to pose a risk to the object and purpose of this Convention. These
guidelines shall be considered and approved by the Conference pursuant to
Article VIII, paragraph 21 (i).
6. Declarations of a plant site pursuant to paragraph 3 shall include:
(a) The name of the plant site and the name of the owner, company, or
enterprise operating it;
(b) Its precise location including the address; and
(c) The number of plants within the plant site which are declared pursuant
to Part VIII of this Annex.
7. Declarations of a plant site pursuant to paragraph 3 shall also include,
for each plant which is located within the plant site and which falls under
the specifications set forth in paragraph 3, the following information:
(a) The name of the plant site and the name of the owner, company, or
enterprise operating it;
(b) Its precise location within the plant site including the specific
building or structure number, if any;
(c) Its main activities;
(d) Whether the plant:
(i) Produces, processes, or consumes the declared Schedule 2
chemical(s);
(ii) Is dedicated to such activities or multi-purpose; and
(iii) Performs other activities with regard to the declared Schedule 2
chemical(s), including a specification of that other activity
(e.g. storage); and
(e) The production capacity of the plant for each declared Schedule 2
chemical.
8. Declarations of a plant site pursuant to paragraph 3 shall also include the
following information on each Schedule 2 chemical above the declaration
threshold:
(a) The chemical name, common or trade name used by the facility, structural
formula, and Chemical Abstracts Service registry number, if assigned;
(b) In the case of the initial declaration: the total amount produced,
processed, consumed, imported and exported by the plant site in each of the
three previous calendar years;
(c) In the case of the annual declaration on past activities: the total
amount produced, processed, consumed, imported and exported by the plant site
in the previous calendar year;
(d) In the case of the annual declaration on anticipated activities: the
total amount anticipated to be produced, processed or consumed by the plant
site in the following calendar year, including the anticipated time periods
for production, processing or consumption; and
(e) The purposes for which the chemical was or will be produced, processed
or consumed:
(i) Processing and consumption on site with a specification of the
product types;
(ii)Sale or transfer within the territory or to any other place under
the jurisdiction or control of the State Party, with a
specification whether to other industry, trader or other
destination and, if possible, of final product types;
(iii)Direct export, with a specification of the States involved; or
(iv)Other, including a specification of these other purposes.
Declarations on past production of Schedule 2 chemicals for chemical weapons
purposes
9. Each State Party shall, not later than 30 days after this Convention enters
into force for it, declare all plant sites comprising plants that produced at
any time since 1 January 1946 a Schedule 2 chemical for chemical weapons
purposes.
10. Declarations of a plant site pursuant to paragraph 9 shall include:
(a) The name of the plant site and the name of the owner, company, or
enterprise operating it;
(b) Its precise location including the address;
(c) For each plant which is located within the plant site, and which falls
under the specifications set forth in paragraph 9, the same information as
required under paragraph 7, subparagraphs (a) to (e); and
(d) For each Schedule 2 chemical produced for chemical weapons purposes:
(i) The chemical name, common or trade name used by the plant site for
chemical weapons production purposes, structural formula, and
Chemical Abstracts Service registry number, if assigned;
(ii)The dates when the chemical was produced and the quantity
produced; and
(iii)The location to which the chemical was delivered and the final
product produced there, if known.
Information to States Parties
11. A list of plant sites declared under this Section together with the
information provided under paragraphs 6, 7 (a), 7 (c), 7 (d) (i), 7 (d) (iii),
8 (a) and 10 shall be transmitted by the Technical Secretariat to States
Parties upon request.
B. VERIFICATION
General
12. Verification provided for in Article VI, paragraph 4, shall be carried out
through on-site inspection at those of the declared plant sites that comprise
one or more plants which produced, processed or consumed during any of the
previous three calendar years or are anticipated to produce, process or
consume in the next calendar year more than:
(a) 10 kg of a chemical designated "*" in Schedule 2, part A;
(b) 1 tonne of any other chemical listed in Schedule 2, part A; or
(c) 10 tonnes of a chemical listed in Schedule 2, part B.
13. The programme and budget of the Organization to be adopted by the
Conference pursuant to Article VIII, paragraph 21 (a) shall contain, as a
separate item, a programme and budget for verification under this Section. In
the allocation of resources made available for verification under Article VI,
the Technical Secretariat shall, during the first three years after the entry
into force of this Convention, give priority to the initial inspections of
plant sites declared under Section A. The allocation shall thereafter be
reviewed on the basis of the experience gained.
14. The Technical Secretariat shall conduct initial inspections and subsequent
inspections in accordance with paragraphs 15 to 22.
Inspection aims
15. The general aim of inspections shall be to verify that activities are in
accordance with obligations under this Convention and consistent with the
information to be provided in declarations. Particular aims of inspections at
plant sites declared under Section A shall include verification of:
(a) The absence of any Schedule 1 chemical, especially its production,
except if in accordance with Part VI of this Annex;
(b) Consistency with declarations of levels of production, processing or
consumption of Schedule 2 chemicals; and
(c) Non-diversion of Schedule 2 chemicals for activities prohibited under
this Convention.
Initial inspections
16. Each plant site to be inspected pursuant to paragraph 12 shall receive an
initial inspection as soon as possible but preferably not later than three
years after entry into force of this Convention. Plant sites declared after
this period shall receive an initial inspection not later than one year after
production, processing or consumption is first declared. Selection of plant
sites for initial inspections shall be made by the Technical Secretariat in
such a way as to preclude the prediction of precisely when the plant site is
to be inspected.
17. During the initial inspection, a draft facility agreement for the plant
site shall be prepared unless the inspected State Party and the Technical
Secretariat agree that it is not needed.
18. With regard to frequency and intensity of subsequent inspections,
inspectors shall during the initial inspection assess the risk to the object
and purpose of this Convention posed by the relevant chemicals, the
characteristics of the plant site and the nature of the activities carried out
there, taking into account, inter alia, the following criteria:
(a) The toxicity of the scheduled chemicals and of the end-products produced
with it, if any;
(b) The quantity of the scheduled chemicals typically stored at the
inspected site;
(c) The quantity of feedstock chemicals for the scheduled chemicals
typically stored at the inspected site;
(d) The production capacity of the Schedule 2 plants; and
(e) The capability and convertibility for initiating production, storage and
filling of toxic chemicals at the inspected site.
Inspections
19. Having received the initial inspection, each plant site to be inspected
pursuant to paragraph 12 shall be subject to subsequent inspections.
20. In selecting particular plant sites for inspection and in deciding on the
frequency and intensity of inspections, the Technical Secretariat shall give
due consideration to the risk to the object and purpose of this Convention
posed by the relevant chemical, the characteristics of the plant site and the
nature of the activities carried out there, taking into account the respective
facility agreement as well as the results of the initial inspections and
subsequent inspections.
21. The Technical Secretariat shall choose a particular plant site to be
inspected in such a way as to preclude the prediction of exactly when it will
be inspected.
22. No plant site shall receive more than two inspections per calendar year
under the provisions of this Section. This, however, shall not limit
inspections pursuant to Article IX.
Inspection procedures
23. In addition to agreed guidelines, other relevant provisions of this Annex
and the Confidentiality Annex, paragraphs 24 to 30 below shall apply.
24. A facility agreement for the declared plant site shall be concluded not
later than 90 days after completion of the initial inspection between the
inspected State Party and the Organization unless the inspected State Party
and the Technical Secretariat agree that it is not needed. It shall be based
on a model agreement and govern the conduct of inspections at the declared
plant site. The agreement shall specify the frequency and intensity of
inspections as well as detailed inspection procedures, consistent with
paragraphs 25 to 29.
25. The focus of the inspection shall be the declared Schedule 2 plant(s)
within the declared plant site. If the inspection team requests access to
other parts of the plant site, access to these areas shall be granted in
accordance with the obligation to provide clarification pursuant to Part II,
paragraph 51, of this Annex and in accordance with the facility agreement, or,
in the absence of a facility agreement, in accordance with the rules of
managed access as specified in Part X, Section C, of this Annex.
26. Access to records shall be provided, as appropriate, to provide assurance
that there has been no diversion of the declared chemical and that production
has been consistent with declarations.
27. Sampling and analysis shall be undertaken to check for the absence of
undeclared scheduled chemicals.
28. Areas to be inspected may include:
(a) Areas where feed chemicals (reactants) are delivered or stored;
(b) Areas where manipulative processes are performed upon the reactants
prior to addition to the reaction vessels;
(c) Feed lines as appropriate from the areas referred to in subparagraph (a)
or subparagraph (b) to the reaction vessels together with any associated
valves, flow meters, etc.;
(d) The external aspect of the reaction vessels and ancillary equipment;
(e) Lines from the reaction vessels leading to long- or short-term storage
or to equipment further processing the declared Schedule 2 chemicals;
(f) Control equipment associated with any of the items under subparagraphs
(a) to (e);
(g) Equipment and areas for waste and effluent handling;
(h) Equipment and areas for disposition of chemicals not up to
specification.
29. The period of inspection shall not last more than 96 hours; however,
extensions may be agreed between the inspection team and the inspected State
Party.
Notification of inspection
30. A State Party shall be notified by the Technical Secretariat of the
inspection not less than 48 hours before the arrival of the inspection team at
the plant site to be inspected.
C. TRANSFERS TO STATES NOT PARTY TO THIS CONVENTION
31. Schedule 2 chemicals shall only be transferred to or received from States
Parties. This obligation shall take effect three years after entry into force
of this Convention.
32. During this interim three-year period, each State Party shall require an
end-use certificate, as specified below, for transfers of Schedule 2 chemicals
to States not Party to this Convention. For such transfers, each State Party
shall adopt the necessary measures to ensure that the transferred chemicals
shall only be used for purposes not prohibited under this Convention. Inter
alia, the State Party shall require from the recipient State a certificate
stating, in relation to the transferred chemicals:
(a) That they will only be used for purposes not prohibited under this
Convention;
(b) That they will not be re-transferred;
(c) Their types and quantities;
(d) Their end-use(s); and
(e) The name(s) and address(es) of the end-user(s).
PART VIII
ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION
IN ACCORDANCE WITH ARTICLE VI
REGIME FOR SCHEDULE 3 CHEMICALS AND FACILITIES
RELATED TO SUCH CHEMICALS
A. DECLARATIONS
Declarations of aggregate national data
1. The initial and annual declarations to be provided by a State Party
pursuant to Article VI, paragraphs 7 and 8, shall include aggregate national
data for the previous calendar year on the quantities produced, imported and
exported of each Schedule 3 chemical, as well as a quantitative specification
of import and export for each country involved.
2. Each State Party shall submit:
(a) Initial declarations pursuant to paragraph 1 not later than 30 days
after this Convention enters into force for it; and, starting in the following
calendar year,
(b) Annual declarations not later than 90 days after the end of the previous
calendar year.
Declarations of plant sites producing Schedule 3 chemicals
3. Initial and annual declarations are required for all plant sites that
comprise one or more plants which produced during the previous calendar year
or are anticipated to produce in the next calendar year more than 30 tonnes of
a Schedule 3 chemical.
4. Each State Party shall submit:
(a) Initial declarations pursuant to paragraph 3 not later than 30 days
after this Convention enters into force for it; and, starting in the following
calendar year;
(b) Annual declarations on past activities not later than 90 days after the
end of the previous calendar year;
(c) Annual declarations on anticipated activities not later than 60 days
before the beginning of the following calendar year. Any such activity
additionally planned after the annual declaration has been submitted shall be
declared not later than five days before this activity begins.
5. Declarations pursuant to paragraph 3 are generally not required for
mixtures containing a low concentration of a Schedule 3 chemical. They are
only required, in accordance with guidelines, in such cases where the ease of
recovery from the mixture of the Schedule 3 chemical and its total weight are
deemed to pose a risk to the object and purpose of this Convention. These
guidelines shall be considered and approved by the Conference pursuant to
Article VIII, paragraph 21 (i).
6. Declarations of a plant site pursuant to paragraph 3 shall include:
(a) The name of the plant site and the name of the owner, company, or
enterprise operating it;
(b) Its precise location including the address; and
(c) The number of plants within the plant site which are declared pursuant
to Part VII of this Annex.
7. Declarations of a plant site pursuant to paragraph 3 shall also include,
for each plant which is located within the plant site and which falls under
the specifications set forth in paragraph 3, the following information:
(a) The name of the plant and the name of the owner, company, or enterprise
operating it;
(b) Its precise location within the plant site, including the specific
building or structure number, if any;
(c) Its main activities.
8. Declarations of a plant site pursuant to paragraph 3 shall also include the
following information on each Schedule 3 chemical above the declaration
threshold:
(a) The chemical name, common or trade name used by the facility, structural
formula, and Chemical Abstracts Service registry number, if assigned;
(b) The approximate amount of production of the chemical in the previous
calendar year, or, in case of declarations on anticipated activities,
anticipated for the next calendar year, expressed in the ranges: 30 to 200
tonnes, 200 to 1,000 tonnes, 1,000 to 10,000 tonnes, 10,000 to 100,000 tonnes,
and above 100,000 tonnes; and
(c) The purposes for which the chemical was or will be produced.
Declarations on past production of Schedule 3 chemicals for chemical weapons
purposes
9. Each State Party shall, not later than 30 days after this Convention enters
into force for it, declare all plant sites comprising plants that produced at
any time since 1 January 1946 a Schedule 3 chemical for chemical weapons
purposes.
10. Declarations of a plant site pursuant to paragraph 9 shall include:
(a) The name of the plant site and the name of the owner, company, or
enterprise operating it;
(b) Its precise location including the address;
(c) For each plant which is located within the plant site, and which falls
under the specifications set forth in paragraph 9, the same information as
required under paragraph 7, subparagraphs (a) to (c); and
(d) For each Schedule 3 chemical produced for chemical weapons purposes:
(i) The chemical name, common or trade name used by the plant site for
chemical weapons production purposes, structural formula, and
Chemical Abstracts Service registry number, if assigned;
(ii)The dates when the chemical was produced and the quantity
produced; and
(iii)The location to which the chemical was delivered and the final
product produced there, if known.
Information to States Parties
11. A list of plant sites declared under this Section together with the
information provided under paragraphs 6, 7 (a), 7 (c), 8 (a) and 10 shall be
transmitted by the Technical Secretariat to States Parties upon request.
B. VERIFICATION
General
12. Verification provided for in paragraph 5 of Article VI shall be carried
out through on-site inspections at those declared plant sites which produced
during the previous calendar year or are anticipated to produce in the next
calendar year in excess of 200 tonnes aggregate of any Schedule 3 chemical
above the declaration threshold of 30 tonnes.
13. The programme and budget of the Organization to be adopted by the
Conference pursuant to Article VIII, paragraph 21 (a), shall contain, as a
separate item, a programme and budget for verification under this Section
taking into account Part VII, paragraph 13, of this Annex.
14. Under this Section, the Technical Secretariat shall randomly select plant
sites for inspection through appropriate mechanisms, such as the use of
specially designed computer software, on the basis of the following weighting
factors:
(a) Equitable geographical distribution of inspections; and
(b) The information on the declared plant sites available to the Technical
Secretariat, related to the relevant chemical, the characteristics of the
plant site and the nature of the activities carried out there.
15. No plant site shall receive more than two inspections per year under the
provisions of this Section. This, however, shall not limit inspections
pursuant to Article IX.
16. In selecting plant sites for inspection under this Section, the Technical
Secretariat shall observe the following limitation for the combined number of
inspections to be received by a State Party per calendar year under this Part
and Part IX of this Annex: the combined number of inspections shall not exceed
three plus 5 per cent of the total number of plant sites declared by a State
Party under both this Part and Part IX of this Annex, or 20 inspections,
whichever of these two figures is lower.
Inspection aims
17. At plant sites declared under Section A, the general aim of inspections
shall be to verify that activities are consistent with the information to be
provided in declarations. The particular aim of inspections shall be the
verification of the absence of any Schedule 1 chemical, especially its
production, except if in accordance with Part VI of this Annex.
Inspection procedures
18. In addition to agreed guidelines, other relevant provisions of this Annex
and the Confidentiality Annex, paragraphs 19 to 25 below shall apply.
19. There shall be no facility agreement, unless requested by the inspected
State Party.
20. The focus of the inspections shall be the declared Schedule 3 plant(s)
within the declared plant site. If the inspection team, in accordance with
Part II, paragraph 51, of this Annex, requests access to other parts of the
plant site for clarification of ambiguities, the extent of such access shall
be agreed between the inspection team and the inspected State Party.
21. The inspection team may have access to records in situations in which the
inspection team and the inspected State Party agree that such access will
assist in achieving the objectives of the inspection.
22. Sampling and on-site analysis may be undertaken to check for the absence
of undeclared scheduled chemicals. In case of unresolved ambiguities, samples
may be analysed in a designated off-site laboratory, subject to the inspected
State Party's agreement.
23. Areas to be inspected may include:
(a) Areas where feed chemicals (reactants) are delivered or stored;
(b) Areas where manipulative processes are performed upon the reactants
prior to addition to the reaction vessel;
(c) Feed lines as appropriate from the areas referred to in subparagraph (a)
or subparagraph (b) to the reaction vessel together with any associated
valves, flow meters, etc.;
(d) The external aspect of the reaction vessels and ancillary equipment;
(e) Lines from the reaction vessels leading to long- or short-term storage
or to equipment further processing the declared Schedule 3 chemicals;
(f) Control equipment associated with any of the items under subparagraphs
(a) to (e);
(g) Equipment and areas for waste and effluent handling;
(h) Equipment and areas for disposition of chemicals not up to
specification.
24. The period of inspection shall not last more than 24 hours; however,
extensions may be agreed between the inspection team and the inspected State
Party.
Notification of inspection
25. A State Party shall be notified by the Technical Secretariat of the
inspection not less than 120 hours before the arrival of the inspection team
at the plant site to be inspected.
C. TRANSFERS TO STATES NOT PARTY TO THIS CONVENTION
26. When transferring Schedule 3 chemicals to States not Party to this
Convention, each State Party shall adopt the necessary measures to ensure that
the transferred chemicals shall only be used for purposes not prohibited under
this Convention. Inter alia, the State Party shall require from the recipient
State a certificate stating, in relation to the transferred chemicals:
(a) That they will only be used for purposes not prohibited under this
Convention;
(b) That they will not be re-transferred;
(c) Their types and quantities;
(d) Their end-use(s); and
(e) The name(s) and address(es) of the end-user(s).
27. Five years after entry into force of this Convention, the Conference shall
consider the need to establish other measures regarding transfers of Schedule
3 chemicals to States not Party to this Convention.
PART IX
ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION
IN ACCORDANCE WITH ARTICLE VI
REGIME FOR OTHER CHEMICAL PRODUCTION FACILITIES
A. DECLARATIONS
List of other chemical production facilities
1. The initial declaration to be provided by each State Party pursuant to
Article VI, paragraph 7, shall include a list of all plant sites that:
(a) Produced by synthesis during the previous calendar year more than 200
tonnes of unscheduled discrete organic chemicals; or
(b) Comprise one or more plants which produced by synthesis during the
previous calendar year more than 30 tonnes of an unscheduled discrete organic
chemical containing the elements phosphorus, sulfur or fluorine (hereinafter
referred to as "PSF-plants" and "PSF-chemical").
2. The list of other chemical production facilities to be submitted pursuant
to paragraph 1 shall not include plant sites that exclusively produced
explosives or hydrocarbons.
3. Each State Party shall submit its list of other chemical production
facilities pursuant to paragraph 1 as part of its initial declaration not
later than 30 days after this Convention enters into force for it. Each State
Party shall, not later than 90 days after the beginning of each following
calendar year, provide annually the information necessary to update the list.
4. The list of other chemical production facilities to be submitted pursuant
to paragraph 1 shall include the following information on each plant site:
(a) The name of the plant site and the name of the owner, company, or
enterprise operating it;
(b) The precise location of the plant site including its address;
(c) Its main activities; and
(d) The approximate number of plants producing the chemicals specified in
paragraph 1 in the plant site.
5. With regard to plant sites listed pursuant to paragraph 1 (a), the list
shall also include information on the approximate aggregate amount of
production of the unscheduled discrete organic chemicals in the previous
calendar year expressed in the ranges: under 1,000 tonnes, 1,000 to 10,000
tonnes and above 10,000 tonnes.
6. With regard to plant sites listed pursuant to paragraph 1 (b), the list
shall also specify the number of PSF-plants within the plant site and include
information on the approximate aggregate amount of production of PSF-chemicals
produced by each PSF-plant in the previous calendar year expressed in the
ranges: under 200 tonnes, 200 to 1,000 tonnes, 1,000 to 10,000 tonnes and
above 10,000 tonnes.
Assistance by the Technical Secretariat
7. If a State Party, for administrative reasons, deems it necessary to ask for
assistance in compiling its list of chemical production facilities pursuant to
paragraph 1, it may request the Technical Secretariat to provide such
assistance. Questions as to the completeness of the list shall then be
resolved through consultations between the State Party and the Technical
Secretariat.
Information to States Parties
8. The lists of other chemical production facilities submitted pursuant to
paragraph 1, including the information provided under paragraph 4, shall be
transmitted by the Technical Secretariat to States Parties upon request.
B. VERIFICATION
General
9. Subject to the provisions of Section C, verification as provided for in
Article VI, paragraph 6, shall be carried out through on-site inspection at:
(a) Plant sites listed pursuant to paragraph 1 (a); and
(b) Plant sites listed pursuant to paragraph 1 (b) that comprise one or more
PSF-plants which produced during the previous calendar year more than 200
tonnes of a PSF-chemical.
10. The programme and budget of the Organization to be adopted by the
Conference pursuant to Article VIII, paragraph 21 (a), shall contain, as a
separate item, a programme and budget for verification under this Section
after its implementation has started.
11. Under this Section, the Technical Secretariat shall randomly select plant
sites for inspection through appropriate mechanisms, such as the use of
specially designed computer software, on the basis of the following weighting
factors:
(a) Equitable geographical distribution of inspections;
(b) The information on the listed plant sites available to the Technical
Secretariat, related to the characteristics of the plant site and activities
carried out there; and
(c) Proposals by States Parties on a basis to be agreed upon in accordance
with paragraph 25.
12. No plant site shall receive more than two inspections per year under the
provisions of this Section. This, however, shall not limit inspections
pursuant to Article IX.
13. In selecting plant sites for inspection under this Section, the Technical
Secretariat shall observe the following limitation for the combined number of
inspections to be received by a State Party per calendar year under this Part
and Part VIII of this Annex: the combined number of inspections shall not
exceed three plus 5 per cent of the total number of plant sites declared by a
State Party under both this Part and Part VIII of this Annex, or 20
inspections, whichever of these two figures is lower.
Inspection aims
14. At plant sites listed under Section A, the general aim of inspections
shall be to verify that activities are consistent with the information to be
provided in declarations. The particular aim of inspections shall be the
verification of the absence of any Schedule 1 chemical, especially its
production, except if in accordance with Part VI of this Annex.
Inspection procedures
15. In addition to agreed guidelines, other relevant provisions of this Annex
and the Confidentiality Annex, paragraphs 16 to 20 below shall apply.
16. There shall be no facility agreement, unless requested by the inspected
State Party.
17. The focus of inspection at a plant site selected for inspection shall be
the plant(s) producing the chemicals specified in paragraph 1, in particular
the PSF-plants listed pursuant to paragraph 1 (b). The inspected State Party
shall have the right to manage access to these plants in accordance with the
rules of managed access as specified in Part X, Section C, of this Annex. If
the inspection team, in accordance with Part II, paragraph 51, of this Annex,
requests access to other parts of the plant site for clarification of
ambiguities, the extent of such access shall be agreed between the inspection
team and the inspected State Party.
18. The inspection team may have access to records in situations in which the
inspection team and the inspected State Party agree that such access will
assist in achieving the objectives of the inspection.
19. Sampling and on-site analysis may be undertaken to check for the absence
of undeclared scheduled chemicals. In cases of unresolved ambiguities,
samples may be analysed in a designated off-site laboratory, subject to the
inspected State Party's agreement.
20. The period of inspection shall not last more than 24 hours; however,
extensions may be agreed between the inspection team and the inspected State
Party.
Notification of inspection
21. A State Party shall be notified by the Technical Secretariat of the
inspection not less than 120 hours before the arrival of the inspection team
at the plant site to be inspected.
C. IMPLEMENTATION AND REVIEW OF SECTION B
Implementation
22. The implementation of Section B shall start at the beginning of the fourth
year after entry into force of this Convention unless the Conference, at its
regular session in the third year after entry into force of this Convention,
decides otherwise.
23. The Director-General shall, for the regular session of the Conference in
the third year after entry into force of this Convention, prepare a report
which outlines the experience of the Technical Secretariat in implementing the
provisions of Parts VII and VIII of this Annex as well as of Section A of this
Part.
24. At its regular session in the third year after entry into force of this
Convention, the Conference, on the basis of a report of the Director-General,
may also decide on the distribution of resources available for verification
under Section B between "PSF-plants" and other chemical production facilities.
Otherwise, this distribution shall be left to the expertise of the Technical
Secretariat and be added to the weighting factors in paragraph 11.
25. At its regular session in the third year after entry into force of this
Convention, the Conference, upon advice of the Executive Council, shall decide
on which basis (e.g. regional) proposals by States Parties for inspections
should be presented to be taken into account as a weighting factor in the
selection process specified in paragraph 11.
Review
26. At the first special session of the Conference convened pursuant to
Article VIII, paragraph 22, the provisions of this Part of the Verification
Annex shall be re-examined in the light of a comprehensive review of the
overall verification regime for the chemical industry (Article VI, Parts VII
to IX of this Annex) on the basis of the experience gained. The Conference
shall then make recommendations so as to improve the effectiveness of the
verification regime.
PART X
CHALLENGE INSPECTIONS PURSUANT TO ARTICLE IX
A. DESIGNATION AND SELECTION OF INSPECTORS AND INSPECTION ASSISTANTS
1. Challenge inspections pursuant to Article IX shall only be performed by
inspectors and inspection assistants especially designated for this function.
In order to designate inspectors and inspection assistants for challenge
inspections pursuant to Article IX, the Director-General shall, by selecting
inspectors and inspection assistants from among the inspectors and inspection
assistants for routine inspection activities, establish a list of proposed
inspectors and inspection assistants. It shall comprise a sufficiently large
number of inspectors and inspection assistants having the necessary
qualification, experience, skill and training, to allow for flexibility in the
selection of the inspectors, taking into account their availability, and the
need for rotation. Due regard shall be paid also to the importance of
selecting inspectors and inspection assistants on as wide a geographical basis
as possible. The designation of inspectors and inspection assistants shall
follow the procedures provided for under Part II, Section A, of this Annex.
2. The Director-General shall determine the size of the inspection team and
select its members taking into account the circumstances of a particular
request. The size of the inspection team shall be kept to a minimum necessary
for the proper fulfilment of the inspection mandate. No national of the
requesting State Party or the inspected State Party shall be a member of the
inspection team.
B. PRE-INSPECTION ACTIVITIES
3. Before submitting the inspection request for a challenge inspection, the
State Party may seek confirmation from the Director-General that the Technical
Secretariat is in a position to take immediate action on the request. If the
Director-General cannot provide such confirmation immediately, he shall do so
at the earliest opportunity, in keeping with the order of requests for
confirmation. He shall also keep the State Party informed of when it is likely
that immediate action can be taken. Should the Director-General reach the
conclusion that timely action on requests can no longer be taken, he may ask
the Executive Council to take appropriate action to improve the situation in
the future.
Notification
4. The inspection request for a challenge inspection to be submitted to the
Executive Council and the Director-General shall contain at least the
following information:
(a) The State Party to be inspected and, if applicable, the Host State;
(b) The point of entry to be used;
(c) The size and type of the inspection site;
(d) The concern regarding possible non-compliance with this Convention
including a specification of the relevant provisions of this Convention about
which the concern has arisen, and of the nature and circumstances of the
possible non-compliance as well as all appropriate information on the basis of
which the concern has arisen; and
(e) The name of the observer of the requesting State Party.
The requesting State Party may submit any additional information it deems
necessary.
5. The Director-General shall within one hour acknowledge to the requesting
State Party receipt of its request.
6. The requesting State Party shall notify the Director-General of the
location of the inspection site in due time for the Director-General to be
able to provide this information to the inspected State Party not less than 12
hours before the planned arrival of the inspection team at the point of entry.
7. The inspection site shall be designated by the requesting State Party as
specifically as possible by providing a site diagram related to a reference
point with geographic coordinates, specified to the nearest second if
possible. If possible, the requesting State Party shall also provide a map
with a general indication of the inspection site and a diagram specifying as
precisely as possible the requested perimeter of the site to be inspected.
8. The requested perimeter shall:
(a) Run at least a 10 metre distance outside any buildings or other
structures;
(b) Not cut through existing security enclosures; and
(c) Run at least a 10 metre distance outside any existing security
enclosures that the requesting State Party intends to include within the
requested perimeter.
9. If the requested perimeter does not conform with the specifications of
paragraph 8, it shall be redrawn by the inspection team so as to conform with
that provision.
10. The Director-General shall, not less than 12 hours before the planned
arrival of the inspection team at the point of entry, inform the Executive
Council about the location of the inspection site as specified in paragraph 7.
11. Contemporaneously with informing the Executive Council according to
paragraph 10, the Director-General shall transmit the inspection request to
the inspected State Party including the location of the inspection site as
specified in paragraph 7. This notification shall also include the
information specified in Part II, paragraph 32, of this Annex.
12. Upon arrival of the inspection team at the point of entry, the inspected
State Party shall be informed by the inspection team of the inspection
mandate.
Entry into the territory of the inspected State Party or the Host State
13. The Director-General shall, in accordance with Article IX, paragraphs 13
to 18, dispatch an inspection team as soon as possible after an inspection
request has been received. The inspection team shall arrive at the point of
entry specified in the request in the minimum time possible, consistent with
the provisions of paragraphs 10 and 11.
14. If the requested perimeter is acceptable to the inspected State Party, it
shall be designated as the final perimeter as early as possible, but in no
case later than 24 hours after the arrival of the inspection team at the point
of entry. The inspected State Party shall transport the inspection team to
the final perimeter of the inspection site. If the inspected State Party
deems it necessary, such transportation may begin up to 12 hours before the
expiry of the time period specified in this paragraph for the designation of
the final perimeter. Transportation shall, in any case, be completed not
later than 36 hours after the arrival of the inspection team at the point of
entry.
15. For all declared facilities, the procedures in subparagraphs (a) and (b)
shall apply. (For the purposes of this Part, "declared facility" means all
facilities declared pursuant to Articles III, IV, and V. With regard to
Article VI, "declared facility" means only facilities declared pursuant to
Part VI of this Annex, as well as declared plants specified by declarations
pursuant to Part VII, paragraphs 7 and 10 (c), and Part VIII, paragraphs 7 and
10 (c), of this Annex.)
(a) If the requested perimeter is contained within or conforms with the
declared perimeter, the declared perimeter shall be considered the final
perimeter. The final perimeter may, however, if agreed by the inspected State
Party, be made smaller in order to conform with the perimeter requested by the
requesting State Party.
(b) The inspected State Party shall transport the inspection team to the
final perimeter as soon as practicable, but in any case shall ensure their
arrival at the perimeter not later than 24 hours after the arrival of the
inspection team at the point of entry.
Alternative determination of final perimeter
16. At the point of entry, if the inspected State Party cannot accept the
requested perimeter, it shall propose an alternative perimeter as soon as
possible, but in any case not later than 24 hours after the arrival of the
inspection team at the point of entry. In case of differences of opinion, the
inspected State Party and the inspection team shall engage in negotiations
with the aim of reaching agreement on a final perimeter.
17. The alternative perimeter should be designated as specifically as possible
in accordance with paragraph 8. It shall include the whole of the requested
perimeter and should, as a rule, bear a close relationship to the latter,
taking into account natural terrain features and man-made boundaries. It
should normally run close to the surrounding security barrier if such a
barrier exists. The inspected State Party should seek to establish such a
relationship between the perimeters by a combination of at least two of the
following means:
(a) An alternative perimeter that does not extend to an area significantly
greater than that of the requested perimeter;
(b) An alternative perimeter that is a short, uniform distance from the
requested perimeter;
(c) At least part of the requested perimeter is visible from the alternative
perimeter.
18. If the alternative perimeter is acceptable to the inspection team, it
shall become the final perimeter and the inspection team shall be transported
from the point of entry to that perimeter. If the inspected State Party deems
it necessary, such transportation may begin up to 12 hours before the expiry
of the time period specified in paragraph 16 for proposing an alternative
perimeter. Transportation shall, in any case, be completed not later than 36
hours after the arrival of the inspection team at the point of entry.
19. If a final perimeter is not agreed, the perimeter negotiations shall be
concluded as early as possible, but in no case shall they continue more than
24 hours after the arrival of the inspection team at the point of entry. If no
agreement is reached, the inspected State Party shall transport the inspection
team to a location at the alternative perimeter. If the inspected State Party
deems it necessary, such transportation may begin up to 12 hours before the
expiry of the time period specified in paragraph 16 for proposing an
alternative perimeter. Transportation shall, in any case, be completed not
later than 36 hours after the arrival of the inspection team at the point of
entry.
20. Once at the location, the inspected State Party shall provide the
inspection team with prompt access to the alternative perimeter to facilitate
negotiations and agreement on the final perimeter and access within the final
perimeter.
21. If no agreement is reached within 72 hours after the arrival of the
inspection team at the location, the alternative perimeter shall be designated
the final perimeter.
Verification of location
22. To help establish that the inspection site to which the inspection team
has been transported corresponds to the inspection site specified by the
requesting State Party, the inspection team shall have the right to use
approved location-finding equipment and have such equipment installed
according to its directions. The inspection team may verify its location by
reference to local landmarks identified from maps. The inspected State Party
shall assist the inspection team in this task.
Securing the site, exit monitoring
23. Not later than 12 hours after the arrival of the inspection team at the
point of entry, the inspected State Party shall begin collecting factual
information of all vehicular exit activity from all exit points for all land,
air, and water vehicles of the requested perimeter. It shall provide this
information to the inspection team upon its arrival at the alternative or
final perimeter, whichever occurs first.
24. This obligation may be met by collecting factual information in the form
of traffic logs, photographs, video recordings, or data from chemical evidence
equipment provided by the inspection team to monitor such exit activity.
Alternatively, the inspected State Party may also meet this obligation by
allowing one or more members of the inspection team independently to maintain
traffic logs, take photographs, make video recordings of exit traffic, or use
chemical evidence equipment, and conduct other activities as may be agreed
between the inspected State Party and the inspection team.
25. Upon the inspection team's arrival at the alternative perimeter or final
perimeter, whichever occurs first, securing the site, which means exit
monitoring procedures by the inspection team, shall begin.
26. Such procedures shall include: the identification of vehicular exits, the
making of traffic logs, the taking of photographs, and the making of video
recordings by the inspection team of exits and exit traffic. The inspection
team has the right to go, under escort, to any other part of the perimeter to
check that there is no other exit activity.
27. Additional procedures for exit monitoring activities as agreed upon by the
inspection team and the inspected State Party may include, inter alia:
(a) Use of sensors;
(b) Random selective access;
(c) Sample analysis.
28. All activities for securing the site and exit monitoring shall take place
within a band around the outside of the perimeter, not exceeding 50 metres in
width, measured outward.
29. The inspection team has the right to inspect on a managed access basis
vehicular traffic exiting the site. The inspected State Party shall make
every reasonable effort to demonstrate to the inspection team that any
vehicle, subject to inspection, to which the inspection team is not granted
full access, is not being used for purposes related to the possible
non-compliance concerns raised in the inspection request.
30. Personnel and vehicles entering and personnel and personal passenger
vehicles exiting the site are not subject to inspection.
31. The application of the above procedures may continue for the duration of
the inspection, but may not unreasonably hamper or delay the normal operation
of the facility.
Pre-inspection briefing and inspection plan
32. To facilitate development of an inspection plan, the inspected State Party
shall provide a safety and logistical briefing to the inspection team prior to
access.
33. The pre-inspection briefing shall be held in accordance with Part II,
paragraph 37, of this Annex. In the course of the pre-inspection briefing,
the inspected State Party may indicate to the inspection team the equipment,
documentation, or areas it considers sensitive and not related to the purpose
of the challenge inspection. In addition, personnel responsible for the site
shall brief the inspection team on the physical layout and other relevant
characteristics of the site. The inspection team shall be provided with a map
or sketch drawn to scale showing all structures and significant geographic
features at the site. The inspection team shall also be briefed on the
availability of facility personnel and records.
34. After the pre-inspection briefing, the inspection team shall prepare, on
the basis of the information available and appropriate to it, an initial
inspection plan which specifies the activities to be carried out by the
inspection team, including the specific areas of the site to which access is
desired. The inspection plan shall also specify whether the inspection team
will be divided into subgroups. The inspection plan shall be made available to
the representatives of the inspected State Party and the inspection site. Its
implementation shall be consistent with the provisions of Section C, including
those related to access and activities.
Perimeter activities
35. Upon the inspection team's arrival at the final or alternative perimeter,
whichever occurs first, the team shall have the right to commence immediately
perimeter activities in accordance with the procedures set forth under this
Section, and to continue these activities until the completion of the
challenge inspection.
36. In conducting the perimeter activities, the inspection team shall have the
right to:
(a) Use monitoring instruments in accordance with Part II, paragraphs 27 to
30, of this Annex;
(b) Take wipes, air, soil or effluent samples; and
(c) Conduct any additional activities which may be agreed between the
inspection team and the inspected State Party.
37. The perimeter activities of the inspection team may be conducted within a
band around the outside of the perimeter up to 50 metres in width measured
outward from the perimeter. If the inspected State Party agrees, the
inspection team may also have access to any building or structure within the
perimeter band. All directional monitoring shall be oriented inward. For
declared facilities, at the discretion of the inspected State Party, the band
could run inside, outside, or on both sides of the declared perimeter.
C. CONDUCT OF INSPECTIONS
General rules
38. The inspected State Party shall provide access within the requested
perimeter as well as, if different, the final perimeter. The extent and
nature of access to a particular place or places within these perimeters shall
be negotiated between the inspection team and the inspected State Party on a
managed access basis.
39. The inspected State Party shall provide access within the requested
perimeter as soon as possible, but in any case not later than 108 hours after
the arrival of the inspection team at the point of entry in order to clarify
the concern regarding possible non-compliance with this Convention raised in
the inspection request.
40. Upon the request of the inspection team, the inspected State Party may
provide aerial access to the inspection site.
41. In meeting the requirement to provide access as specified in paragraph 38,
the inspected State Party shall be under the obligation to allow the greatest
degree of access taking into account any constitutional obligations it may
have with regard to proprietary rights or searches and seizures. The
inspected State Party has the right under managed access to take such measures
as are necessary to protect national security. The provisions in this
paragraph may not be invoked by the inspected State Party to conceal evasion
of its obligations not to engage in activities prohibited under this
Convention.
42. If the inspected State Party provides less than full access to places,
activities, or information, it shall be under the obligation to make every
reasonable effort to provide alternative means to clarify the possible
non-compliance concern that generated the challenge inspection.
43. Upon arrival at the final perimeter of facilities declared pursuant to
Articles IV, V and VI, access shall be granted following the pre-inspection
briefing and discussion of the inspection plan which shall be limited to the
minimum necessary and in any event shall not exceed three hours. For
facilities declared pursuant to Article III, paragraph 1 (d), negotiations
shall be conducted and managed access commenced not later than 12 hours after
arrival at the final perimeter.
44. In carrying out the challenge inspection in accordance with the inspection
request, the inspection team shall use only those methods necessary to provide
sufficient relevant facts to clarify the concern about possible non-compliance
with the provisions of this Convention, and shall refrain from activities not
relevant thereto. It shall collect and document such facts as are related to
the possible non-compliance with this Convention by the inspected State Party,
but shall neither seek nor document information which is clearly not related
thereto, unless the inspected State Party expressly requests it to do so. Any
material collected and subsequently found not to be relevant shall not be
retained.
45. The inspection team shall be guided by the principle of conducting the
challenge inspection in the least intrusive manner possible, consistent with
the effective and timely accomplishment of its mission. Wherever possible, it
shall begin with the least intrusive procedures it deems acceptable and
proceed to more intrusive procedures only as it deems necessary.
Managed access
46. The inspection team shall take into consideration suggested modifications
of the inspection plan and proposals which may be made by the inspected State
Party, at whatever stage of the inspection including the pre-inspection
briefing, to ensure that sensitive equipment, information or areas, not
related to chemical weapons, are protected.
47. The inspected State Party shall designate the perimeter entry/exit points
to be used for access. The inspection team and the inspected State Party shall
negotiate: the extent of access to any particular place or places within the
final and requested perimeters as provided in paragraph 48; the particular
inspection activities, including sampling, to be conducted by the inspection
team; the performance of particular activities by the inspected State Party;
and the provision of particular information by the inspected State Party.
48. In conformity with the relevant provisions in the Confidentiality Annex
the inspected State Party shall have the right to take measures to protect
sensitive installations and prevent disclosure of confidential information and
data not related to chemical weapons. Such measures may include, inter alia:
(a) Removal of sensitive papers from office spaces;
(b) Shrouding of sensitive displays, stores, and equipment;
(c) Shrouding of sensitive pieces of equipment, such as computer or
electronic systems;
(d) Logging off of computer systems and turning off of data indicating
devices;
(e) Restriction of sample analysis to presence or absence of chemicals
listed in Schedules 1, 2 and 3 or appropriate degradation products;
(f) Using random selective access techniques whereby the inspectors are
requested to select a given percentage or number of buildings of their choice
to inspect; the same principle can apply to the interior and content of
sensitive buildings;
(g) In exceptional cases, giving only individual inspectors access to
certain parts of the inspection site.
49. The inspected State Party shall make every reasonable effort to
demonstrate to the inspection team that any object, building, structure,
container or vehicle to which the inspection team has not had full access, or
which has been protected in accordance with paragraph 48, is not used for
purposes related to the possible non-compliance concerns raised in the
inspection request.
50. This may be accomplished by means of, inter alia, the partial removal of a
shroud or environmental protection cover, at the discretion of the inspected
State Party, by means of a visual inspection of the interior of an enclosed
space from its entrance, or by other methods.
51. In the case of facilities declared pursuant to Articles IV, V and VI, the
following shall apply:
(a) For facilities with facility agreements, access and activities within
the final perimeter shall be unimpeded within the boundaries established by
the agreements;
(b) For facilities without facility agreements, negotiation of access and
activities shall be governed by the applicable general inspection guidelines
established under this Convention;
(c) Access beyond that granted for inspections under Articles IV, V and VI
shall be managed in accordance with procedures of this section.
52. In the case of facilities declared pursuant to Article III, paragraph 1
(d), the following shall apply: if the inspected State Party, using procedures
of paragraphs 47 and 48, has not granted full access to areas or structures
not related to chemical weapons, it shall make every reasonable effort to
demonstrate to the inspection team that such areas or structures are not used
for purposes related to the possible non-compliance concerns raised in the
inspection request.
Observer
53. In accordance with the provisions of Article IX, paragraph 12, on the
participation of an observer in the challenge inspection, the requesting State
Party shall liaise with the Technical Secretariat to coordinate the arrival of
the observer at the same point of entry as the inspection team within a
reasonable period of the inspection team's arrival.
54. The observer shall have the right throughout the period of inspection to
be in communication with the embassy of the requesting State Party located in
the inspected State Party or in the Host State or, in the case of absence of
an embassy, with the requesting State Party itself. The inspected State Party
shall provide means of communication to the observer.
55. The observer shall have the right to arrive at the alternative or final
perimeter of the inspection site, wherever the inspection team arrives first,
and to have access to the inspection site as granted by the inspected State
Party. The observer shall have the right to make recommendations to the
inspection team, which the team shall take into account to the extent it deems
appropriate. Throughout the inspection, the inspection team shall keep the
observer informed about the conduct of the inspection and the findings.
56. Throughout the in-country period, the inspected State Party shall provide
or arrange for the amenities necessary for the observer such as communication
means, interpretation services, transportation, working space, lodging, meals
and medical care. All the costs in connection with the stay of the observer
on the territory of the inspected State Party or the Host State shall be borne
by the requesting State Party.
Duration of inspection
57. The period of inspection shall not exceed 84 hours, unless extended by
agreement with the inspected State Party.
D. POST-INSPECTION ACTIVITIES
Departure
58. Upon completion of the post-inspection procedures at the inspection site,
the inspection team and the observer of the requesting State Party shall
proceed promptly to a point of entry and shall then leave the territory of the
inspected State Party in the minimum time possible.
Reports
59. The inspection report shall summarize in a general way the activities
conducted by the inspection team and the factual findings of the inspection
team, particularly with regard to the concerns regarding possible
non-compliance with this Convention cited in the request for the challenge
inspection, and shall be limited to information directly related to this
Convention. It shall also include an assessment by the inspection team of the
degree and nature of access and cooperation granted to the inspectors and the
extent to which this enabled them to fulfil the inspection mandate. Detailed
information relating to the concerns regarding possible non-compliance with
this Convention cited in the request for the challenge inspection shall be
submitted as an Appendix to the final report and be retained within the
Technical Secretariat under appropriate safeguards to protect sensitive
information.
60. The inspection team shall, not later than 72 hours after its return to its
primary work location, submit a preliminary inspection report, having taken
into account, inter alia, paragraph 17 of the Confidentiality Annex, to the
Director-General. The Director-General shall promptly transmit the
preliminary inspection report to the requesting State Party, the inspected
State Party and to the Executive Council.
61. A draft final inspection report shall be made available to the inspected
State Party not later than 20 days after the completion of the challenge
inspection. The inspected State Party has the right to identify any
information and data not related to chemical weapons which should, in its
view, due to its confidential character, not be circulated outside the
Technical Secretariat. The Technical Secretariat shall consider proposals for
changes to the draft final inspection report made by the inspected State Party
and, using its own discretion, wherever possible, adopt them. The final
report shall then be submitted not later than 30 days after the completion of
the challenge inspection to the Director-General for further distribution and
consideration in accordance with Article IX, paragraphs 21 to 25.
PART XI
INVESTIGATIONS IN CASES OF ALLEGED USE OF CHEMICAL WEAPONS
A. GENERAL
1. Investigations of alleged use of chemical weapons, or of alleged use of
riot control agents as a method of warfare, initiated pursuant to Articles IX
or X, shall be conducted in accordance with this Annex and detailed procedures
to be established by the Director-General.
2. The following additional provisions address specific procedures required in
cases of alleged use of chemical weapons.
B. PRE-INSPECTION ACTIVITIES
Request for an investigation
3. The request for an investigation of an alleged use of chemical weapons to
be submitted to the Director-General, to the extent possible, should include
the following information:
(a) The State Party on whose territory use of chemical weapons is alleged to
have taken place;
(b) The point of entry or other suggested safe routes of access;
(c) Location and characteristics of the areas where chemical weapons are
alleged to have been used;
(d) When chemical weapons are alleged to have been used;
(e) Types of chemical weapons believed to have been used;
(f) Extent of alleged use;
(g) Characteristics of the possible toxic chemicals;
(h) Effects on humans, animals and vegetation;
(i) Request for specific assistance, if applicable.
4. The State Party which has requested an investigation may submit at any time
any additional information it deems necessary.
Notification
5. The Director-General shall immediately acknowledge receipt to the
requesting State Party of its request and inform the Executive Council and all
States Parties.
6. If applicable, the Director-General shall notify the State Party on whose
territory an investigation has been requested. The Director-General shall
also notify other States Parties if access to their territories might be
required during the investigation.
Assignment of inspection team
7. The Director-General shall prepare a list of qualified experts whose
particular field of expertise could be required in an investigation of alleged
use of chemical weapons and constantly keep this list updated. This list
shall be communicated, in writing, to each State Party not later than 30 days
after entry into force of this Convention and after each change to the list.
Any qualified expert included in this list shall be regarded as designated
unless a State Party, not later than 30 days after its receipt of the list,
declares its non-acceptance in writing.
8. The Director-General shall select the leader and members of an inspection
team from the inspectors and inspection assistants already designated for
challenge inspections taking into account the circumstances and specific
nature of a particular request. In addition, members of the inspection team
may be selected from the list of qualified experts when, in the view of the
Director-General, expertise not available among inspectors already designated
is required for the proper conduct of a particular investigation.
9. When briefing the inspection team, the Director-General shall include any
additional information provided by the requesting State Party, or any other
sources, to ensure that the inspection can be carried out in the most
effective and expedient manner.
Dispatch of inspection team
10. Immediately upon the receipt of a request for an investigation of alleged
use of chemical weapons the Director-General shall, through contacts with the
relevant States Parties, request and confirm arrangements for the safe
reception of the team.
11. The Director-General shall dispatch the team at the earliest opportunity,
taking into account the safety of the team.
12. If the inspection team has not been dispatched within 24 hours from the
receipt of the request, the Director-General shall inform the Executive
Council and the States Parties concerned about the reasons for the delay.
Briefings
13. The inspection team shall have the right to be briefed by representatives
of the inspected State Party upon arrival and at any time during the
inspection.
14. Before the commencement of the inspection the inspection team shall
prepare an inspection plan to serve, inter alia, as a basis for logistic and
safety arrangements. The inspection plan shall be updated as need arises.
C. CONDUCT OF INSPECTIONS
Access
15. The inspection team shall have the right of access to any and all areas
which could be affected by the alleged use of chemical weapons. It shall also
have the right of access to hospitals, refugee camps and other locations it
deems relevant to the effective investigation of the alleged use of chemical
weapons. For such access, the inspection team shall consult with the inspected
State Party.
Sampling
16. The inspection team shall have the right to collect samples of types, and
in quantities it considers necessary. If the inspection team deems it
necessary, and if so requested by it, the inspected State Party shall assist
in the collection of samples under the supervision of inspectors or inspection
assistants. The inspected State Party shall also permit and cooperate in the
collection of appropriate control samples from areas neighbouring the site of
the alleged use and from other areas as requested by the inspection team.
17. Samples of importance in the investigation of alleged use include toxic
chemicals, munitions and devices, remnants of munitions and devices,
environmental samples (air, soil, vegetation, water, snow, etc.) and
biomedical samples from human or animal sources (blood, urine, excreta, tissue
etc.).
18. If duplicate samples cannot be taken and the analysis is performed at
off-site laboratories, any remaining sample shall, if so requested, be
returned to the inspected State Party after the completion of the analysis.
Extension of inspection site
19. If the inspection team during an inspection deems it necessary to extend
the investigation into a neighbouring State Party, the Director-General shall
notify that State Party about the need for access to its territory and request
and confirm arrangements for the safe reception of the team.
Extension of inspection duration
20. If the inspection team deems that safe access to a specific area relevant
to the investigation is not possible, the requesting State Party shall be
informed immediately. If necessary, the period of inspection shall be extended
until safe access can be provided and the inspection team will have concluded
its mission.
Interviews
21. The inspection team shall have the right to interview and examine persons
who may have been affected by the alleged use of chemical weapons. It shall
also have the right to interview eyewitnesses of the alleged use of chemical
weapons and medical personnel, and other persons who have treated or have come
into contact with persons who may have been affected by the alleged use of
chemical weapons. The inspection team shall have access to medical histories,
if available, and be permitted to participate in autopsies, as appropriate, of
persons who may have been affected by the alleged use of chemical weapons.
D. REPORTS
Procedures
22. The inspection team shall, not later than 24 hours after its arrival on
the territory of the inspected State Party, send a situation report to the
Director-General. It shall further throughout the investigation send progress
reports as necessary.
23. The inspection team shall, not later than 72 hours after its return to its
primary work location, submit a preliminary report to the Director- General.
The final report shall be submitted to the Director-General not later than 30
days after its return to its primary work location. The Director- General
shall promptly transmit the preliminary and final reports to the Executive
Council and to all States Parties.
Contents
24. The situation report shall indicate any urgent need for assistance and any
other relevant information. The progress reports shall indicate any further
need for assistance that might be identified during the course of the
investigation.
25. The final report shall summarize the factual findings of the inspection,
particularly with regard to the alleged use cited in the request. In
addition, a report of an investigation of an alleged use shall include a
description of the investigation process, tracing its various stages, with
special reference to:
(a) The locations and time of sampling and on-site analyses; and
(b) Supporting evidence, such as the records of interviews, the results of
medical examinations and scientific analyses, and the documents examined by
the inspection team.
26. If the inspection team collects through, inter alia, identification of any
impurities or other substances during laboratory analysis of samples taken,
any information in the course of its investigation that might serve to
identify the origin of any chemical weapons used, that information shall be
included in the report.
E. STATES NOT PARTY TO THIS CONVENTION
27. In the case of alleged use of chemical weapons involving a State not Party
to this Convention or in territory not controlled by a State Party, the
Organization shall closely cooperate with the Secretary-General of the United
Nations. If so requested, the Organization shall put its resources at the
disposal of the Secretary-General of the United Nations.
* * * * * * *
ANNEX ON THE PROTECTION OF CONFIDENTIAL INFORMATION
("CONFIDENTIALITY ANNEX")
A. GENERAL PRINCIPLES FOR THE HANDLING OF CONFIDENTIAL INFORMATION
1. The obligation to protect confidential information shall pertain to the
verification of both civil and military activities and facilities. Pursuant
to the general obligations set forth in Article VIII, the Organization shall:
(a) Require only the minimum amount of information and data necessary for
the timely and efficient carrying out of its responsibilities under this
Convention;
(b) Take the necessary measures to ensure that inspectors and other staff
members of the Technical Secretariat meet the highest standards of efficiency,
competence, and integrity;
(c) Develop agreements and regulations to implement the provisions of this
Convention and shall specify as precisely as possible the information to which
the Organization shall be given access by a State Party.
2. The Director-General shall have the primary responsibility for ensuring the
protection of confidential information. The Director-General shall establish
a stringent regime governing the handling of confidential information by the
Technical Secretariat, and in doing so, shall observe the following
guidelines:
(a) Information shall be considered confidential if:
(i) It is so designated by the State Party from which the information
was obtained and to which the information refers; or
(ii)In the judgement of the Director-General, its unauthorized
disclosure could reasonably be expected to cause damage to the
State Party to which it refers or to the mechanisms for
implementation of this Convention;
(b) All data and documents obtained by the Technical Secretariat shall be
evaluated by the appropriate unit of the Technical Secretariat in order to
establish whether they contain confidential information. Data required by
States Parties to be assured of the continued compliance with this Convention
by other States Parties shall be routinely provided to them. Such data shall
encompass:
(i) The initial and annual reports and declarations provided by States
Parties under Articles III, IV, V and VI, in accordance with the
provisions set forth in the Verification Annex;
(ii)General reports on the results and effectiveness of verification
activities; and
(iii)Information to be supplied to all States Parties in accordance
with the provisions of this Convention;
(c) No information obtained by the Organization in connection with the
implementation of this Convention shall be published or otherwise released,
except, as follows:
(i) General information on the implementation of this Convention may
be compiled and released publicly in accordance with the decisions
of the Conference or the Executive Council;
(ii)Any information may be released with the express consent of the
State Party to which the information refers;
(iii)Information classified as confidential shall be released by the
Organization only through procedures which ensure that the release
of information only occurs in strict conformity with the needs of
this Convention. Such procedures shall be considered and approved
by the Conference pursuant to Article VIII, paragraph 21 (i);
(d) The level of sensitivity of confidential data or documents shall be
established, based on criteria to be applied uniformly in order to ensure
their appropriate handling and protection. For this purpose, a classification
system shall be introduced, which by taking account of relevant work
undertaken in the preparation of this Convention shall provide for clear
criteria ensuring the inclusion of information into appropriate categories of
confidentiality and the justified durability of the confidential nature of
information. While providing for the necessary flexibility in its
implementation the classification system shall protect the rights of States
Parties providing confidential information. A classification system shall be
considered and approved by the Conference pursuant to Article VIII, paragraph
21 (i);
(e) Confidential information shall be stored securely at the premises of the
Organization. Some data or documents may also be stored with the National
Authority of a State Party. Sensitive information, including, inter alia,
photographs, plans and other documents required only for the inspection of a
specific facility may be kept under lock and key at this facility;
(f) To the greatest extent consistent with the effective implementation of
the verification provisions of this Convention, information shall be handled
and stored by the Technical Secretariat in a form that precludes direct
identification of the facility to which it pertains;
(g) The amount of confidential information removed from a facility shall be
kept to the minimum necessary for the timely and effective implementation of
the verification provisions of this Convention; and
(h) Access to confidential information shall be regulated in accordance with
its classification. The dissemination of confidential information within the
Organization shall be strictly on a need-to-know basis.
3. The Director-General shall report annually to the Conference on the
implementation of the regime governing the handling of confidential
information by the Technical Secretariat.
4. Each State Party shall treat information which it receives from the
Organization in accordance with the level of confidentiality established for
that information. Upon request, a State Party shall provide details on the
handling of information provided to it by the Organization.
B. EMPLOYMENT AND CONDUCT OF PERSONNEL IN THE TECHNICAL SECRETARIAT
5. Conditions of staff employment shall be such as to ensure that access to
and handling of confidential information shall be in conformity with the
procedures established by the Director-General in accordance with Section A.
6. Each position in the Technical Secretariat shall be governed by a formal
position description that specifies the scope of access to confidential
information, if any, needed in that position.
7. The Director-General, the inspectors and the other members of the staff
shall not disclose even after termination of their functions to any
unauthorized persons any confidential information coming to their knowledge in
the performance of their official duties. They shall not communicate to any
State, organization or person outside the Technical Secretariat any
information to which they have access in connection with their activities in
relation to any State Party.
8. In the discharge of their functions inspectors shall only request the
information and data which are necessary to fulfil their mandate. They shall
not make any records of information collected incidentally and not related to
verification of compliance with this Convention.
9. The staff shall enter into individual secrecy agreements with the Technical
Secretariat covering their period of employment and a period of five years
after it is terminated.
10. In order to avoid improper disclosures, inspectors and staff members shall
be appropriately advised and reminded about security considerations and of the
possible penalties that they would incur in the event of improper disclosure.
11. Not less than 30 days before an employee is given clearance for access to
confidential information that refers to activities on the territory or in any
other place under the jurisdiction or control of a State Party, the State
Party concerned shall be notified of the proposed clearance. For inspectors
the notification of a proposed designation shall fulfil this requirement.
12. In evaluating the performance of inspectors and any other employees of the
Technical Secretariat, specific attention shall be given to the employee's
record regarding protection of confidential information.
C. MEASURES TO PROTECT SENSITIVE INSTALLATIONS AND PREVENT DISCLOSURE OF
CONFIDENTIAL DATA IN THE COURSE OF ON-SITE VERIFICATION ACTIVITIES
13. States Parties may take such measures as they deem necessary to protect
confidentiality, provided that they fulfil their obligations to demonstrate
compliance in accordance with the relevant Articles and the Verification
Annex. When receiving an inspection, the State Party may indicate to the
inspection team the equipment, documentation or areas that it considers
sensitive and not related to the purpose of the inspection.
14. Inspection teams shall be guided by the principle of conducting on-site
inspections in the least intrusive manner possible consistent with the
effective and timely accomplishment of their mission. They shall take into
consideration proposals which may be made by the State Party receiving the
inspection, at whatever stage of the inspection, to ensure that sensitive
equipment or information, not related to chemical weapons, is protected.
15. Inspection teams shall strictly abide by the provisions set forth in the
relevant Articles and Annexes governing the conduct of inspections. They shall
fully respect the procedures designed to protect sensitive installations and
to prevent the disclosure of confidential data.
16. In the elaboration of arrangements and facility agreements, due regard
shall be paid to the requirement of protecting confidential information.
Agreements on inspection procedures for individual facilities shall also
include specific and detailed arrangements with regard to the determination of
those areas of the facility to which inspectors are granted access, the
storage of confidential information on-site, the scope of the inspection
effort in agreed areas, the taking of samples and their analysis, the access
to records and the use of instruments and continuous monitoring equipment.
17. The report to be prepared after each inspection shall only contain facts
relevant to compliance with this Convention. The report shall be handled in
accordance with the regulations established by the Organization governing the
handling of confidential information. If necessary, the information contained
in the report shall be processed into less sensitive forms before it is
transmitted outside the Technical Secretariat and the inspected State Party.
D. PROCEDURES IN CASE OF BREACHES OR ALLEGED BREACHES OF CONFIDENTIALITY
18. The Director-General shall establish necessary procedures to be followed
in case of breaches or alleged breaches of confidentiality, taking into
account recommendations to be considered and approved by the Conference
pursuant to Article VIII, paragraph 21 (i).
19. The Director-General shall oversee the implementation of individual
secrecy agreements. The Director-General shall promptly initiate an
investigation if, in his judgement, there is sufficient indication that
obligations concerning the protection of confidential information have been
violated. The Director-General shall also promptly initiate an investigation
if an allegation concerning a breach of confidentiality is made by a State
Party.
20. The Director-General shall impose appropriate punitive and disciplinary
measures on staff members who have violated their obligations to protect
confidential information. In cases of serious breaches, the immunity from
jurisdiction may be waived by the Director-General.
21. States Parties shall, to the extent possible, cooperate and support the
Director-General in investigating any breach or alleged breach of
confidentiality and in taking appropriate action in case a breach has been
established.
22. The Organization shall not be held liable for any breach of
confidentiality committed by members of the Technical Secretariat.
23. For breaches involving both a State Party and the Organization, a
"Commission for the settlement of disputes related to confidentiality", set up
as a subsidiary organ of the Conference, shall consider the case. This
Commission shall be appointed by the Conference. Rules governing its
composition and operating procedures shall be adopted by the Conference at its
first session.
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