ACT No. V of 1997 .

I assent.

Ugo MIFSUD BONNIeI

(L.s.)

President

28th April, 1997

ACT No. V of 1997 .

AN ACT to authorise the Government to ratify the Convention on

the Prohibition of the Development, Production, Stockpiling and

Use of Chemical Weapons and on their Destruction, to provide

for the implementation by Malta of its provisions andfor Malta s

membership of the Organisation for the Prohibition of Chemical

Weapons, and for matters connected therewith or ancillary

thereto .

. BElT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

This Act may be cited as the Ratification of Chemical Sbon title.

Weapons Convention Act, 1997.

(2)

A warrant issued under this section shall state -

(a) whether entry is authorised to be made at any time of

(Section 2)

the day or night; and

Convention on the Prohibition of the Development, Production, Stockpiling

and Use of Chemical Weapons and on their Destruction.

(b) a day not being later than one month after the day of

issue of the warrant, upon which the warrant ceases to have effect.

(The text of the Convention is being published with the Maltese Version of the

(3) Where, by reason of circumstances of urgency, the

Act.)

Director or the Minister considers it necessary to do so, an application

for a warrant under subsection (1) may be made by telephone.

In this Act, unless the context otherwise requires -

(l)

"Aircraft" has the same meaning which is given to it in

the Civil Aviation Act;

"Convention" means the Convention on the Prohibition

of the Development, Production, Stockpiling and Use of

Chemical Weapons and on their Destruction, signed on behalf

of Malta on the 13 January, 1993,inParis, being a convention,

a copy of the English text of which is set out in the Schedule

to this Act;

"Director" means the director of the National Authority

for the purposes of this Act;

(2)

A warrant issued under this section shall state -

(a) whether entry is authorised to be made at any time of

(Section 2)

the day or night; and

Convention on the Prohibition of the Development, Production, Stockpiling

and Use of Chemical Weapons and on their Destruction.

(b) a day not being later than one month after the day of

issue of the warrant, upon which the warrant ceases to have effect.

(The text of the Convention is being published with the Maltese Version of the

(3) Where, by reason of circumstances of urgency, the

Act.)

Director or the Minister considers it necessary to do so, an application

for a warrant under subsection (1) may be made by telephone.

12. Any person in Malta who, or any Maltese citizen or

Schedule I

Chemicals.

Passed by the House of Representatives at Sitting No. 57 of the 28th April,

permanent resident of Malta who, whether in Malta or not,

1997. (a) produces, acquires,retains or uses a Schedule 1 chemical

outside Malta unless such production, acquisition, retention or use

takes place within the territory of another State Party to the

Convention or is undertaken for the purposes of lawfully

transporting such chemicals to another State Party; or

Myriam Spiteri Debono

Speaker

(b) exports or attempts to export, a Schedule 1 chemical

other than to another State Party for research, medical,

RICHARD J. CAUCH!

pharmaceutical or protective purposes; or

Clerk to the House of Representatives.

(c) owns or operates a facility which produces, acquires,

retains or uses a Schedule 1 chemical, where the facility is not a

prescribed single small scale facility, or a prescribed other facility,

or a laboratory synthesising Schedule 1 chemicals for research,

medical or pharmaceutical purpose in aggregate quantities of less

. . than 100 grams per year,

shall be guilty of an offence against this section and shall be liable

on conviction to the same penalties as provided for in section 4 of

this Act and the provisions of the proviso to subsection (1) and of

subsection

(2) of section 4 shall apply to an . offence against this

.

section.

Forfeiture

13. The forfeiture of any substance or other material which is

upon

found to be in contravention of the provisions of this Act or of the

conviction.

Convention, shall be an automatic consequence to a conviction for

any offence against any section of this Act.

14. No proceedings for any offence against any section of this

Authority for

proceedings.

Act may be instituted without the Authority of the Attorney General.

CONVENTION ON THE PROHIBITION OF THE

DEVELOPMENT, PRODUCTION, STOCKPILING

AND USE OF CHEMICAL WEAPONS

AND ON THEIR DESTRUCTION

(Corrected version in accordance with

Depositary Notification C.N.246.1993. TREA TIES-5 and the corresponding

Proces-Verbal of Rectification of the Original of the Convention,

issued on 8 August 1994)

PREAMBLE

States parties to this Convention,

~~~:g to act with a view to achieving effective progress towards general and complete

~r:;~~ruslU:tJllamlent under strict and effective international control, including the prohibition and

, ,~':~~nation 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 aU

actions contrary to the principles and objectives of the Protocol for the Prohibition of the Use

'-'Lii1,r~ar 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

~.ssumed 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

~t1972t

Bearing in mind the objective contained in Article IX of the Convention on the Prohibition of

Development, Production and Stockpiling of Bacteriological (Biological) and Toxin

'f'\the

t'Weapons and on their Destruction,

Detennined 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 oftbese 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;

To use chemical weapons;

(b)

To engage in any military preparations to use chemical weapons;

(c)

(d)

To assist, encourage or induce, in any way, anyone to engage in any activity

prohibited to a State Party under this Convention.

.

Each State Party undertakes to destroy chemical weapons it owns or possesses, or that are

2. located in any place under its jurisdiction or control, in accordance with the provisions of this

Convention.

Each State Party undertakes to destroy all chemical weapons it abandoned on the territory of

3. 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.

Each State Party undertakes not to use riot control agents as a method of warfare.

5. ARTICLE II

DEFINI'I:IONS AND CRITERIA

. . . For the purposes of this Convention

1. "Chemical Weapons" means the following, together or separately

Toxic chemicals and their precursors, except where intended for purposes not

(a)

prohibited under this Convention, as long as the types and quantities are consistent

with such purposes;

Munitions and devices, specifically designed to cause death or other harm through

(b)

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;

Any equipment specifically designed for use directly in connection with the

(c)

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 contalned in the

Annex on Chemicals.)

"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 contalned in the Annex on

Chemicals.)

"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. tlAbandoned 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"

Means any equipment, as well as any building housing such equipment, that was

(a)

designed, constructed or used at any time since 1 January 1946

As part of the stage in the production of chemicals ("final technological

(i)

lf

stage where the material flows would contain, when the equipment is in

)

operation

Any chemical listed in Schedule 1 in the Annex on Chemicals; or

(1)

Any other chemical that has no use, above 1 tonne per year on the .

(2)

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;

For filling chemical weapons, including, inter alia. the filling of chemicals

(li)

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;

Does not mean

(b)

Any facility having a production capacity for synthesis of chemicals

(i)

specified in subparagraph (a) (i) that is less than 1 tonne;

Any facility in which a chemical specified in subparagraph (a) (i) is or was

(ii)

produced as an unavoidable by-product of activities for purposes not

prohibited under this Convention, provided that the chemical does 'Dot

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 tlVerification Annexlt); or

The single small-scale facility for production of chemicals listed in Schedule

(iii)

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

II

Industrial, agricultural. research, medical, pharmaceutical or other peaceful purposes;

Protective purposes, namely those purposes directly related to protection against

toxic chemicals and to protection against chemical weapons; .

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;

Law enforcement including domestic riot control purposes.

Ifg.r.J;' "Production Capacity" means

The annual quantitative potential for manufacturing a specific chemical based on the

10 (f 'technological process actually used or, if the process is not yet operational, planned to be

1!7t l O... used at the relevant facility. It shall be deemed to be equal to the nameplate capacity or, if

,t r~; : 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.

Iii" ;.,' , "Organization" means the Organization for the Prohibition of Chemical Weapons established

pursuant to Article VIII of this Convention.

For the purposes of Article VI

12. "Production" of a chemical means its formation through chemical reaction;

(a)

(b)

tlProcessingtt 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

cheinical reaction.

ARTICLE III

DECLARATIONS

Each State Party shall submit to the Organization, not later than 30 days after this,

1. Convention enters into force for it, the following declarations, in which it shall

(a)

With respect to chemical weapons

Declare whe~er it owns or possesses any chemical weapons, or whether

(i)

there are any chemical weapons located in any place under its jurisdiction or

control;

Specify the precise location. aggregate quantity and detailed inventory of

(ii)

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;

With respect to old chemical weapons and abandoned. chemical weapons

(b)

Declare whether it has on its territory old chemical weapons and provide all

(i)

available infonnation in accordance with Part IV (B), paragraph 3. of the

Verification Annex;

Declare whether there are abandoned chemical weapons on its territory and

(ii)

provide all available infonnation 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

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;

Specify any chemical weapons production facility it has or has had under its

(li)

ownership or possession or that is 9r 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);

Report any chemical weapons production facility on its territory that another

(ill)

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 I (i), of the

t

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;

With ,respect to riot control agents: Specify the chemical name, structural formula

(e)

and Chemical Abstracts Service (CAS) registry number, if assigned, of each

chemical it holds for riot control purposes. nus declaration shall be updated not

later than 30 days after any change becomes effective.

The provisions of this Article and the relevant provisions of Pan IV of the Verification

2. 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 I 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 ..yeapons 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 I (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 I 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

I 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 I, not later than 60 days after

the end of each annual destruction period; and

(c)

Certify, not later than 30 days after (he destruction process has been completed, that

all chemical weapons specified in paragraph I have been destroyed.

8. If a State ratifies or accedes to this Convention after the IO-year period for destruction set

forth in paragraph 6, it shall destroy chemical weapons specified in paragraph I as soon as

possible. The order of destruction and procedures for stringent verification for such a State

Party shall be determined hy the Executive Council.

(1)

Bis-sahha ta' dan I-Au, u b'mod konformi mad-

dispozizzjonijiet ta' I-Art dwarir-Ratiftka ta' Trattati, iI-Gvem ta' Malta

qieghed b'danjigi awtorizzatjirratifika I-Konvenzjoni.

(2) ll-linji ta' principju,l-iskedi u l-annessjonijiet Ii jinsabu ~I-Konvenzj~ni ~cc.

. d an 1 - Jaghmlu

. . g h an dh om ]ltqlesu

,..

bhal a I" 1 Jag h

m u I

' minn

mal-KonvenZJonl

partl

dan I-Att.

Att saI .. limitu sa fejn ghandu x'jaqsam l-elenkar ta' kun kimika u 1-

verifika relattiva.

(3) Il-Ministru jista' b'avviz jaghmel dawk id- Setghatal-Ministru.

dispozizzjonijiet, Ii rna jkunux inkonsistenti mad-dispozizzjonijiet ta'

dan I-Att, Ii jkunu melitiega sabiex ikunu jistgliu jingiebu fis-sehh kull

wahda mid-dispozizzjonijiet tal-KoDvenzjoni.

(4) ll-Konvenzjoni Ii qed tingieb fl-Iskeda Ii tinsab rna' dan

I-Att ghandha taghmel parti u titwettaq bliala parti mil-ligijiet ta' Malta.

(1) Any person in Malta,. or any citizen or permanent Orrenees.

"Director General" means the Director General of the

Technical Secretariat;

resident of Malta, whether in Malta or abroad, who

(a) undertakes any activity which is prohibited to a state

"Minister" means the Minister responsible for Foreign Affairs

and Environment;

..

party under Articles IV and V of the Convention; or .

. ' . (b) assists, finances or otherwise takes part in any activity

"Natipnal Authority" means the body established by the

which . leads to · the production, development, acquisition,

Minister to act as the Maltese National Authority in accordance

with Article vn of the Convention;

stockpiling, retaining, direct or indirect .transferring of chemical

weapons; or

.

"National Authority Inspector" means a person declared

pursuant to section 5 of this Act;

(c) . uses chemical weapons; or

;

(d) engages in military preparations to use chemical

"OPCW Inspector" means a person designated pursuant to

the Convention as an inspector or inspection assistant;

weapons; or

(e) assists, encourages or induces, in any way, anyone to

"Organisation" and "OPCW" means the Organisation for the

engage in any activity prohibited to a state party under the

Prohibition of Chemical Weapons established pursuant to the

provisions of the Convention, and its constituent bodies;

Convention; or

.

(f) uses transfers or receives any chemical product listed in

"Ship" has the same meaning which is given to it in the

'

Merchant Shipping Act;

the schedules to the Convention for . purposes . other than those

specified in Articles IV and V of the Convention or in a manner

"Technical Secretariat" means the technical secretariat of the

other than that specified in the Convention;. or

OPCW established pursuant to Articles vn and VIII of the

Convention.

(g) . is responsible for a chemical production facility which

produces any part or the whole of any type of chemical weapon or

chemical agent listed in the schedule to the Convention; or

-

(2) Any other term or expression used in this Act and in

the Convention has in this Act the same meaning as in the

.

.

Convention.

(h) knowingly conceals any knowledge or information on

any type of chemical weapons, including old chemical weapons,

production facilities or any activities related. thereto from the

Government

3. (1) In virtue of this Act, and in compliance with the

competent authorities,

authorised

. - . '

provisions of the Ratification ·of Treaties Act, the Government of

to ratify the

Convention ..

Malta is hereby authorised to ratify the Convention.

shall be guilty of an offence against this section, and shall be liable

on conviction to a fine (multa) of not less than LmIO,OOO and not

Convention etc.

(2) The guidelines, schedules and annexes to the

more than LmIOO,OOO or to imprisonment for a term of not less than

to be part of

Convention shall be construed as being part of this Act in as far as

eighteen months and not more than fifteen years: .

this Act.

listing of chemicals and their verification is concerned.

Provided that where the personsofound guilty is the director,

Power of

(3) The Minister may by notice make such provisions

manager, secretary or other similar officer of an :undertaking in the

Minister.

not inconsistent with the provisions of this Act, as are necessary for

economic interests of which the person found gUilty was acting, the

carrying into effect any of the provisions of the Convention.

said person shall for the purposes of this section be deemed to be

vested with the legal representation of the sarne undertaking which

(4) The Convention as reproduced in the Schedule to this

accordingly shall be liable in solidum with the person found guilty

Act shall form part and be enforceable as part of the laws of Malta.

for the payment of the said fine.

4. (1) Any person in Malta,. or any citizen or permanent Orrenees.

"Director General" means the Director General of the

Technical Secretariat;

resident of Malta, whether in Malta or abroad, who

(a) undertakes any activity which is prohibited to a state

"Minister" means the Minister responsible for Foreign Affairs

and Environment;

..

party under Articles IV and V of the Convention; or .

. ' . (b) assists, finances or otherwise takes part in any activity

"Natipnal Authority" means the body established by the

which . leads to · the production, development, acquisition,

Minister to act as the Maltese National Authority in accordance

with Article vn of the Convention;

stockpiling, retaining, direct or indirect .transferring of chemical

weapons; or

.

"National Authority Inspector" means a person declared

pursuant to section 5 of this Act;

(c) . uses chemical weapons; or

;

(d) engages in military preparations to use chemical

"OPCW Inspector" means a person designated pursuant to

the Convention as an inspector or inspection assistant;

weapons; or

(e) assists, encourages or induces, in any way, anyone to

"Organisation" and "OPCW" means the Organisation for the

engage in any activity prohibited to a state party under the

Prohibition of Chemical Weapons established pursuant to the

provisions of the Convention, and its constituent bodies;

Convention; or

.

(f) uses transfers or receives any chemical product listed in

"Ship" has the same meaning which is given to it in the

'

Merchant Shipping Act;

the schedules to the Convention for . purposes . other than those

specified in Articles IV and V of the Convention or in a manner

"Technical Secretariat" means the technical secretariat of the

other than that specified in the Convention;. or

OPCW established pursuant to Articles vn and VIII of the

Convention.

(g) . is responsible for a chemical production facility which

produces any part or the whole of any type of chemical weapon or

chemical agent listed in the schedule to the Convention; or

-

(2) Any other term or expression used in this Act and in

the Convention has in this Act the same meaning as in the

.

.

Convention.

(h) knowingly conceals any knowledge or information on

any type of chemical weapons, including old chemical weapons,

production facilities or any activities related. thereto from the

Government

3. (1) In virtue of this Act, and in compliance with the

competent authorities,

authorised

. - . '

provisions of the Ratification ·of Treaties Act, the Government of

to ratify the

Convention ..

Malta is hereby authorised to ratify the Convention.

shall be guilty of an offence against this section, and shall be liable

on conviction to a fine (multa) of not less than LmIO,OOO and not

Convention etc.

(2) The guidelines, schedules and annexes to the

more than LmIOO,OOO or to imprisonment for a term of not less than

to be part of

Convention shall be construed as being part of this Act in as far as

eighteen months and not more than fifteen years: .

this Act.

listing of chemicals and their verification is concerned.

Provided that where the personsofound guilty is the director,

Power of

(3) The Minister may by notice make such provisions

manager, secretary or other similar officer of an :undertaking in the

Minister.

not inconsistent with the provisions of this Act, as are necessary for

economic interests of which the person found gUilty was acting, the

carrying into effect any of the provisions of the Convention.

said person shall for the purposes of this section be deemed to be

vested with the legal representation of the sarne undertaking which

(4) The Convention as reproduced in the Schedule to this

accordingly shall be liable in solidum with the person found guilty

Act shall form part and be enforceable as part of the laws of Malta.

for the payment of the said fine.

,.

(4) (i) The Director may issue to relevant persons

(2) The fine referred to in subsection (1) of this section

identity cards in a form to be approved by him.

shall be recoverable as a civil debt in favour of the Government by

the Dire'Ctor.

(ii) For the purposes of this subsection, "relevant

persons" means the National Authority Inspector, the I?irector,

Nation&l

(1) The Minister shall designate or establish a National

Authority.

OPCW inspectors and any other class of persons whIch may

Authority to serve as an effective liaison with the Organisation

be prescribed by regulation.

pursuant to Article vn of the Convention~The . National Authority

shall be run.by a Director. The Minister shall also designate a person

6 • (1) Where any substance or article is developed,

Frorreilu.re

to be the National Authority Inspector.

0 certalO

•

•

produced, stockpiled or is otherwise acquired or retalne~ In substances,

contravention of the provisions of section 4, the substance or artIcle

(2) (a) Any person who has, in accordance with the

. shall be forfeited to the Government of Malta.

Convention, been designated by the Technical Secretariat to carry

(2) Any P~lice officer may, without ~ warrant, seize any

out, or assist in, inspections or visits as inspectors or inspection

assistants, shall be an OPCW inspector for the purposes of this

substance or article that is forfeited or that he has reasonable grounds

Act.

to believe to be forfeited under subsection (1) of this section, and

such substance or article shall be retained until the expiration of

sixty days after the seizure, or if a prosecutio~ f~r a~ offence referred

(b) OPCWinspectors shall, for the purposes of this

Act, enjoy such privileges and immunities as set out in sub part B

to in section 4 in relation to the substance IS instItuted before the

of Part IT of the Annex on Implementation and Verification of the

e.xpiration of that period, until the prosecution is terminated.

Convention to this Act.

(3) Any person who feels aggrieved by any seizure made

in accordance with subsection (2) of this section may, within ten

(3)

The National Authority shall

days after the expiration of the sixty days therein referred to, make

~ action by application against the Director in the Civil Court, First

(i) fulfil the obligations as stated in the Convention in

Hall, challenging that seizure

regard to reporting to the Organisation, and in doing so it

Provided that where in accordance with the same

may request any information from ' those sectors of the

subsection a prosecution is instituted, any question relative to the

industry, business, or any activity concerned which in the

seizure shall be determined by the Court before which the prosecution

opinion of the Authority may possess such information or be

engaged in activities covered by the Convention;

is made.

(1) Meta xi sustanza jew oggetti jigu zviluppati, prodotti, Konfiska ta' eerti

mahzuna jew xort'ohra jigu akkwistati jew jinzammu bi ksur tad- sustanZI.

dispozizzjonijiet ta' I-artikolu 4, is-sustanzajew I-oggett ghandhomjigu

konfiskati favur il-Gvern ta' Malta.

(2) Ufficjal tal-Pulizija jista' jiehu wkoll jekk rna jkollux

ordni, kull sustanza jew oggett Ii jigu konfiskati jew Ii jkollu raguni

bizzejjed ghaliex jahseb Ii jkunu se jigu konfiskati skond is-subartikolu

(I) ta' dan I-artikolu, u dik is-sustanzajew oggett ghandhomjinzammu

sakemm jghaddu sittin jum minn meta jkunu ttiehdu, jew iukella jekk

ikunu nbdew procedimenti ghall-prosekuzzjoni ta' teat kif imsemmi fl-

artikolu 4 dwar dik is-sustaDza qabel rna jkun ghadda dak iz-zmien, sa

meta tintemm dik il-prosekuzzjoni.

(3) Kull min ihoss ruhu aggravat b'xi tehid Ii jsir skond is-

subartikolu (2) ta' dan I-artikolu jista' , fi zmien ghaxart ijiem wara Ii

jghaddu s-sittinjum hemm imsemmija,jibda azzjoni permezz ta' rikors

kontra d-Direttur fil-Qorti Civili, Prim' Awla, Ii bihajikkontesta dak it-

tehid

IZda meta skond I-istess subaftikolu tkun inbdiet

prosekuzzjoni, kull kwistjoni Ii jkollha x'taqsam mat-tehid ghandha tigi

deci:i:a minn dik iFQorti Ii quddiemha tkun ingiebet il-prosekuzzjoni.

(1)

The Minister may appoint an analyst for the purposes Analyst,

' (ii) have the power to inspect any premises, after giving

reasonable due notice and after giving the. person in charge

of this Act.

of the premises sufficient time to explain and justify any action

(2) A certificate of an analyst appointed under subsection

carried out therein, and to give such orders and directions in

(1) of this section, stating that he has analysed or examined a

order to enforce the implementation of the provisions of the

substance and stating the result of his analysis or examination, shall

Convention;

be admissible evidence in a proceeding for an offence under this

Act and shall be prima facie evidence of the facts stated in the

(iii) be responsible for the compiling of a national

certificate and of the correctness of the results of the analysis or

register containing information on all types of existing

chemicals and chemical production facilities, the nature of

examination.

the activity carried therein as well as the ultimate destination

Tampering

. of the finished products;

Any person, who-

(1)

with

instruments .

(a) interferes with anyon-site instrument or approved

(iv) inform and advise Government of any chemical

equipment with the intention of affecting adversely the operation

weapons or production facility and formulate a plan for their

destruction in accordance with the provisions of the

of the on-site instrument or approved equipment; or

Convention.

(2) The fine referred to in subsection (1) of this section

shall be recoverable as a civil debt in favour of the Government by

the Dire'Ctor.

5. (1) The Minister shall designate or establish a National

Authority to serve as an effective liaison with the Organisation

pursuant to Article vn of the Convention~The . National Authority

shall be run.by a Director. The Minister shall also designate a person

to be the National Authority Inspector.

(2) (a) Any person who has, in accordance with the

Convention, been designated by the Technical Secretariat to carry

out, or assist in, inspections or visits as inspectors or inspection

assistants, shall be an OPCW inspector for the purposes of this

Act.

(b) OPCWinspectors shall, for the purposes of this

Act, enjoy such privileges and immunities as set out in sub part B

of Part IT of the Annex on Implementation and Verification of the

Convention to this Act.

(3)

The National Authority shall

(i) fulfil the obligations as stated in the Convention in

regard to reporting to the Organisation, and in doing so it

may request any information from ' those sectors of the

industry, business, or any activity concerned which in the

opinion of the Authority may possess such information or be

engaged in activities covered by the Convention;

' (ii) have the power to inspect any premises, after giving

reasonable due notice and after giving the. person in charge

of the premises sufficient time to explain and justify any action

carried out therein, and to give such orders and directions in

order to enforce the implementation of the provisions of the

Convention;

(iii) be responsible for the compiling of a national

register containing information on all types of existing

chemicals and chemical production facilities, the nature of

the activity carried therein as well as the ultimate destination

. of the finished products;

(iv) inform and advise Government of any chemical

weapons or production facility and formulate a plan for their

destruction in accordance with the provisions of the

Convention.

(b) refuses to give any information that may be lawfully

requested from him under this Act or makes to any of the relevant

persons as specified in subsection (4) of section 5 of this Act a

statement, whether orally or written, or presents to the relevant

persons a document or record which is to the knowledge of that

person false or misleading in a material particular; or

(c) obstructs or hinders a National Authority Inspector or

relevant person in the performance of a duty or function in

accordance with the verification annex of the Convention or the

exercise of a power under this Act or any regulations made

thereunder; or

.

(d) produces to any unauthorised person any classified

document given to any relevant person, or to the GovernI:ilent of

Malta or to the National Authority pursuant to the Convention, or

given to the Maltese government or to relevant persons with ,the

stipulation that the document be treated as confidential; or

(e) divulges, makes a record or in any way communicates

to any person any information given to any authority under the

provisions of the Convention and this Act,

shall be guilty of an offence against this section and shall be liable

on conviction to the same penalties as provided in section 4 of this

and the provisions

of the . proviso to subsection (1) and of

.

,

,

subsection (2) of section 4. shall apply to offences against this section.

(2) For the purposes of this section, the term "relevant

persons" means the persons mentioned in subsection (4) of section 5.

(1)

For the purposes of sections 10 and 11

"challenge

. inspection" has the same meaning as in the

.

Convention;

. ,.

"relevant power" means a power to:-.

,

(a) search a facility, premises, site, land or other

location, ship, vessel, aircraft or vehicle;

(b)

inspect, examine or take samples of a matter or

thing;

.

.

(c) examine and

take copies

or extracts from any

. .

.

.

-

relevant document;

(d) . measure any quantity of material;

(e) verify the proper functioning or calibration of any

instrument;

(f)

install Of operate an on-site monitoring device;

.

(g)

interview personnel;

. (h) do any other thing relevant or convenient to be done

in order to achieve a relevant challenge inspection purpose. ·.

(2) "Relevant challenge inspection purpose" shall be read

as a reference to a purpose of ascertaining whether the purposes of the

. Convention or this Act and its regulations are being complied with.

(1) An OPCW inspector or a team of OPCW inspectors EntrybyOPCW

ap<;l accompanying National Authority Inspectors may, with the mspeclon etc.

COQsent of the occupiers or owner of the facility, premises, site, land

or other location, ship, vessel, aircraft or vehicle, or otherwise

pursuant to a warrant issued under $ubsection (1) of section 11 of

this Act, enter upon or. into any facility, premises, site, land or other

location, ship, vessel, aircraft or vehicle, and e)(ercise any relevant

power for a relevant challenge inspection purpose.

(2) . Where an OPCW inspector or OPCW inspectiontearn

and accompanying National Authority Inspectors enterthe ship, vessel,

aircraft or vehicle under subsection{l) of this section, he or they may

for that purpose and forthe purpose of exercising any relevant power

for a relevant challenge inspection purpose, stop and detain the. ship,

vessel, aircraft or vehicle .

. 11. (1) Subject to the provisions of subsection (3) of this Warrants.

section where an information is laid before a Magistrate alleging

that access to any facility, premises, site,land or other location within

the Maltese territory, or any Maltese ship, vessel, aircraft or vehicle,

is necessary for the purpose of fulfilling Malta's obligations under

the Convention by the exercise OUI relevant challenge inspection

purpose, the Magistrate shall issue a warrant for the purpose of this

section authorising relevant persons, named in thewarrant, with such

assistance as necessary, and if necessary by force, to enter upon or

into and exercise the relevant powers in relation-to the said facility,

premises, site, land, other location, ship, vessel, aircraft or vehicle.

(1) Bla hsara ghad-dispozizzjonijiet tas-subartikolu (3) ta'

dan l-artikolu meta jitwassal taghrif lil Magistrat li jkun jallega li jkun

mehtieg Ii jsir dhul gewwa xi facilita' , post, sit, art jew 10k iehor fit-

territorju ta' Malta, jew fuq xi vapur, bastiment, ingenji ta' l-ajru jew

vettura ta' proprjeta' Maltija, bil-ghan Ii jitwettqu l-obbligi ta' Malta

skond il-Konvenzjoni billi jitwettaq ghan ta' spezzjoni kontestatorja

relevanti, il~Magistrat ghandujohrog ordni ghall-ghan ta' dan l-artikolu

Ii bihjawtorizza IiI persuni relevanti, lijkunu mserurnijin fl-ordni, b'dik

l-ghajnuna li tista' tkun mehtiega, u jekk ikun mehtieg bil-forza, Ii jidhlu

jew jimbarkaw u li jwettqu kull setgha relevanti ghar-rigward ta' xi

facilita', post, sit, art, 10k iehor, vapur, bastiment, ingenji ta' l-ajru jew

vettura.

(2)

Ghandu jigi dikjarat f ordni Ii jinhareg bis-sahha ta' dan

l-artikolu-

(a) jekk id-dhul ikun awtorizzat isir fxi hin lijkun bin-nhar

jew bil-lejl; u

(b) jum li rna jigix iktar tard minn xahar wara l-jum tal-

hrug ta' l-ordni, meta l-ordni m' ghandux jibqa' jsehh.

(3) Meta, minhabba fcirkostanzi ta' urgenza, id-Direttur

jew il-Ministru iqis Ii jkun hekk mehtieg Ii jaghmlu, talba ghall-hrug

ta' ordni skond is-subartikolu (1) tkun tista' ssir permezz ta' telefonata.

Any person in Malta who, or any Maltese citizen or

Schedule I

Chemicals.

Passed by the House of Representatives at Sitting No. 57 of the 28th April,

permanent resident of Malta who, whether in Malta or not,

1997. (a) produces, acquires,retains or uses a Schedule 1 chemical

outside Malta unless such production, acquisition, retention or use

takes place within the territory of another State Party to the

Convention or is undertaken for the purposes of lawfully

transporting such chemicals to another State Party; or

Myriam Spiteri Debono

Speaker

(b) exports or attempts to export, a Schedule 1 chemical

other than to another State Party for research, medical,

RICHARD J. CAUCH!

pharmaceutical or protective purposes; or

Clerk to the House of Representatives.

(c) owns or operates a facility which produces, acquires,

retains or uses a Schedule 1 chemical, where the facility is not a

prescribed single small scale facility, or a prescribed other facility,

or a laboratory synthesising Schedule 1 chemicals for research,

medical or pharmaceutical purpose in aggregate quantities of less

. . than 100 grams per year,

shall be guilty of an offence against this section and shall be liable

on conviction to the same penalties as provided for in section 4 of

this Act and the provisions of the proviso to subsection (1) and of

subsection

(2) of section 4 shall apply to an . offence against this

.

section.

Forfeiture

The forfeiture of any substance or other material which is

upon

found to be in contravention of the provisions of this Act or of the

conviction.

Convention, shall be an automatic consequence to a conviction for

any offence against any section of this Act.

No proceedings for any offence against any section of this

Authority for

proceedings.

Act may be instituted without the Authority of the Attorney General.

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

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.

Detailed procedures for the implementation of this Article are set forth in the Verification

Annex.

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.

Each State Party shall cease immediately all activity at chemical weapons production

4. facilities specified in paragraph 1, except activity required for closure.

No State Party shall construct any new chemical weapons production facilities or modify any

5. existing facilities for the purpose of chemical weapons production or for any other activity

prohibited under this Convention.

Each State Party shall, immediately after the declaration under Article III, paragraph 1 (c),

6. 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.

Each State Party shall

7. (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;

Implementation of the agreement provides for sufficient assurance of compliance

(b)

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.

If the Executive Council takes a decisiol) pursuant to paragraph 16, the Organization shall

have the right to monitor the implementation of the bilateral or multilateral agreement.

Nothing in paragraphs 16 and 17 shaH affect the obligation of a State Party to make

declarations pursuant to Article III, this Article and Part V of the Verification Annex.

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 PROIDBITED UNDER TIDS 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 prectiisors for " '

purposes not prohibited under this Convention.

Each State Party shall adopt the necessary measures to ensure that toxic chemicals and the;'

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 nOl

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 I, 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.

Each State Party shall subject chemicals listed in Schedule I (hereinafter referred to as

3. "Schedule I chemicals") to the prohibitions on production, acquisition, retention, transfer and

use as specified in Part VI of the Verification Annex. It shall subject Schedule I 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.

Each State Party shall subject chemicals listed in Schedule 2 (hereinafter referred to as

4. "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.

Each State Party shall subject chemicals listed in Schedule 3 (hereinafter referred to as

5. "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 lX,

paragraph 22, of the Verification Annex,

Not later than 30 days after this Convention entcrs into force for it, each State Party shaIl

7. make an initial declaration on relevant chemicals and facilities in accordance with the

Verification Annex.

8. Each State Party shall make arumal declarations regarding the relevant chemicals and

facilities in accordance with the Verification Annex.

For the purpose of on-site verification, each State Party shall grant to the inspectors access to

9. 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").

. '!be 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.

.

.

An

The challenge inspection shall be conducted in accordance with Part X or, in the case of

ARTICLE X

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

ASSISTANCE AND PROTECTION AGAINST CHEMICAL WEAPON~

manner possible, consistent with the effective and timely accomplishment of its mission.

For the putposes of this Article, "Assistance" means the coordination and delivery to States

I.

'!

The inspected State Party shall assist the inspection team throughout the challenge inspection

Parties of protection against chemical weapons, including, inter alia, the following: detection

and facilitate its task. If the inspected State Party proposes, pursuant to Part X, Section C, of

equipment and alarm systems; protective equipment; decontamination equipment and

the Verification Annex, arrangements to demonstrate compliance with this Convention,

decontaminants; medical aritidotes and treatments; and advice on any of these protective

alternative to full and comprehensive access, it shall make every reasonable effort, through

I!

"

measures.

consultations with the inspection team, to reach agreement on the modalities for establishing

the facts with the aim of demonstrating its compliance.

,

Nothing in this Convention shall be interpreted as impeding the right of any State Party to

I;

2. !

,;

conduct research into, develop, produce, acquire, transfer or use means of protection against

The final report shall contain the factual findings as well as an assessment by the inspection

chemical weapons, for putposes not prohibited under this Convention.

'i

'I

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

I;

!

I

Each State Party undertakes to facilitate, and shall have the right to participate in, the fullest

3. the fiilal report of the inspection team to the requesting State Party, to the inspected State

possible exchange of equipment, material and scientific and technological information.

Party, to the Executive Council and to all other States Parties. The Director-General shall

concerning means of protection against chemical weapons.

further transmit promptly to the Executive CounCil the assessments of the requesting and of

i

I

the inspected States Parties, as well as the views of other States Parties which may be

4. For the putposes of increasing the transparency of national programmes related to protective

conveyed to the Director-General for that putpose, and then provide them to all States

,

putposes, each State Party shall provide annually to the Techni.cal Secretariat information on

Parties.

its programme, in accordance with procedures to be consIdered and approved by the

I

Conference pursuant to Article VIII, paragraph 21 (i).

The Executive Council shall, in accordance with its powers and functions, review the final

Ii

report of the inspection team as soon as it is presented, and addtess any concerns as to

The Technical Secretariat shall establish, not later than 180 days after entry into force of this

5. Convention and maintain, for the use of any requesting State Party, a data bank containing

(a)

Whether any non-compliance has occurred;

freely available information concerning various means of protection against chemical

weapons as well as such information as may be provided by States Parties.

(b)

Whether the request had been within the scope of this Convention; and

The Technical Secretariat shall also, within the resources available to it, and at the request of

(c)

Whether the right to request a challenge inspection had been abused.

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

If the Executive Council reaches the conclusion, in keeping with its powers and functions,

!

weapons could be implemented.

I

that further action may be necessary with regard to paragraph 22, it shall take the appropriate

,

measures to redtess the situation and to ensure compliance with this Convention, including

6. Nothing in this Convention shall be interpreted as impeding the right of States Parties to

specific recommendations to the Conference. In the case of abuse, the Executive Council

request and provide assistance bilaterally and to conclude individual agreements with other

shall examine whether the requesting State Party should bear any of the financial

States Parties concerning the emergency procurement of assistance.

implications of the challenge inspection.

7. Each State Party undertakes to provide assistance through the Organization and to this end to

The requesting State Party and the inspected State Party shall have the right to participate in

elect to take one or more of the following measures

the review process. The Executive Council shall inform the States Parties and the next

session of the Conference of the outcome of the process.

(a)

To contribute to the voluntary fund for assistance to be established by the Conference

at its first session;

25 ..

If the Executive Council has made specific recommendations to the Conference, the

Conference shall consider action in accordance with Article XII.

To conclude, if possible not later than 180 days after this Convention enters into

(b)

force for it, agreements with the Organization concerning the procurement, upon

demand, of assistance;

To declare, not later than 180 days after this Convention eriters into force for it, the

(c)

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.

An

19. The challenge inspection shall be conducted in accordance with Part X or, in the case of

ARTICLE X

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

ASSISTANCE AND PROTECTION AGAINST CHEMICAL WEAPON~

manner possible, consistent with the effective and timely accomplishment of its mission.

For the putposes of this Article, "Assistance" means the coordination and delivery to States

I.

'!

20. The inspected State Party shall assist the inspection team throughout the challenge inspection

Parties of protection against chemical weapons, including, inter alia, the following: detection

and facilitate its task. If the inspected State Party proposes, pursuant to Part X, Section C, of

equipment and alarm systems; protective equipment; decontamination equipment and

the Verification Annex, arrangements to demonstrate compliance with this Convention,

decontaminants; medical aritidotes and treatments; and advice on any of these protective

alternative to full and comprehensive access, it shall make every reasonable effort, through

I!

"

measures.

consultations with the inspection team, to reach agreement on the modalities for establishing

the facts with the aim of demonstrating its compliance.

,

Nothing in this Convention shall be interpreted as impeding the right of any State Party to

I;

2. !

,;

conduct research into, develop, produce, acquire, transfer or use means of protection against

21. The final report shall contain the factual findings as well as an assessment by the inspection

chemical weapons, for putposes not prohibited under this Convention.

'i

'I

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

I;

!

I

Each State Party undertakes to facilitate, and shall have the right to participate in, the fullest

3. the fiilal report of the inspection team to the requesting State Party, to the inspected State

possible exchange of equipment, material and scientific and technological information.

Party, to the Executive Council and to all other States Parties. The Director-General shall

concerning means of protection against chemical weapons.

further transmit promptly to the Executive CounCil the assessments of the requesting and of

i

I

the inspected States Parties, as well as the views of other States Parties which may be

4. For the putposes of increasing the transparency of national programmes related to protective

conveyed to the Director-General for that putpose, and then provide them to all States

,

putposes, each State Party shall provide annually to the Techni.cal Secretariat information on

Parties.

its programme, in accordance with procedures to be consIdered and approved by the

I

Conference pursuant to Article VIII, paragraph 21 (i).

22. The Executive Council shall, in accordance with its powers and functions, review the final

Ii

report of the inspection team as soon as it is presented, and addtess any concerns as to

The Technical Secretariat shall establish, not later than 180 days after entry into force of this

5. Convention and maintain, for the use of any requesting State Party, a data bank containing

(a)

Whether any non-compliance has occurred;

freely available information concerning various means of protection against chemical

weapons as well as such information as may be provided by States Parties.

(b)

Whether the request had been within the scope of this Convention; and

The Technical Secretariat shall also, within the resources available to it, and at the request of

(c)

Whether the right to request a challenge inspection had been abused.

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

23. If the Executive Council reaches the conclusion, in keeping with its powers and functions,

!

weapons could be implemented.

I

that further action may be necessary with regard to paragraph 22, it shall take the appropriate

,

measures to redtess the situation and to ensure compliance with this Convention, including

6. Nothing in this Convention shall be interpreted as impeding the right of States Parties to

specific recommendations to the Conference. In the case of abuse, the Executive Council

request and provide assistance bilaterally and to conclude individual agreements with other

shall examine whether the requesting State Party should bear any of the financial

States Parties concerning the emergency procurement of assistance.

implications of the challenge inspection.

7. Each State Party undertakes to provide assistance through the Organization and to this end to

24. The requesting State Party and the inspected State Party shall have the right to participate in

elect to take one or more of the following measures

the review process. The Executive Council shall inform the States Parties and the next

session of the Conference of the outcome of the process.

(a)

To contribute to the voluntary fund for assistance to be established by the Conference

at its first session;

25 ..

If the Executive Council has made specific recommendations to the Conference, the

Conference shall consider action in accordance with Article XII.

To conclude, if possible not later than 180 days after this Convention enters into

(b)

force for it, agreements with the Organization concerning the procurement, upon

demand, of assistance;

To declare, not later than 180 days after this Convention eriters into force for it, the

(c)

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.

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.

In cases where a State Party has been requested by the Executive Council to take m~es to

2. 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, upoh 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 WaIfare, 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

Disputes that may arise concerning the application or the interpretation of this Convention

1. 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 (t).

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 beconc\uded 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 XXI

EN'fRY INTO FORCE

TIlis Convention shall enter into force 180 days after the date of the deposit of the 65th

1. 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;

.

Transmit duly certified copies of this Convention to the Governments of all signatory

(b)

and acceding States; and

(c)

Register this Convention pursuant to Article 102 of the Charter of the United

Nations.

ARTICLE XXIV

AUTHENTIC TEXTS

1bis 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

GUIDELINES FOR SCHEDULES OF CHEMICALS

CON'l'ENTS

. Guidelines for Schedule I

The following criteria shall be taken into account in considering whether a toxic chemical or

1. precursor should be included in Schedule I

GUIDELINES FOR SCHEDULES OF CHEMICALS

It has been developed, produced, stockpiled or used as a chemical weapon as defined

(a)

A.

in Article II;

B.

SCHEDULES OF CHEMICALS

It poses otherwise a high risk to the object and purpose of this Convention by virtue

(b)

of its high potential for use in activities prohibited under this Convention because

one or more of the following conditions are met

It possesses a chemical structure closely related to that of other toxic

(i)

chemicals listed in Schedule I, and has, or can be expected to have, comparable

properties;

It possesses such lethal or incapacitating toxicity as well as other properties

(ii)

that would enable it to be used as a chemical weapon;

It may be used as a precursor in the final single technological stage of

(iii)

production of a toxic chemical listed in Schedule I, 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.

<;uidelines for Schedule 2

2. The follOwing criteria shall be taken into account in considering whether a toxic chemical not

listed in Schedule lora precursor to a Schedule I chemical or to a chemical listed in

Schedule 2, part A, should be included in Sch.e dule 2

It poses a significant risk to the object and purpose of this Convention because it

(a)

possesses such lethal or incapacitating toxicity as well as other properties that could

enable it to be used as a chemical weapon;

.

It may be used as a precursor in one of the chemical reactions at the final stage of

(b)

formation of a chemical listed in Schedule I or Schedule 2, part A;

(c) ·

It poses a signifieant risk to the object and purpose of this Convention by virtue of its

importance in the production of a chemical listed in Schedule I or Schedule 2, part

A;

It is not produced in large commercial quantities for purposes not prohibited under

(d)

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;

ANNEX ON CHEMICALS

GUIDELINES FOR SCHEDULES OF CHEMICALS

CON'l'ENTS

. Guidelines for Schedule I

The following criteria shall be taken into account in considering whether a toxic chemical or

1. precursor should be included in Schedule I

GUIDELINES FOR SCHEDULES OF CHEMICALS

It has been developed, produced, stockpiled or used as a chemical weapon as defined

(a)

A.

in Article II;

B.

SCHEDULES OF CHEMICALS

It poses otherwise a high risk to the object and purpose of this Convention by virtue

(b)

of its high potential for use in activities prohibited under this Convention because

one or more of the following conditions are met

It possesses a chemical structure closely related to that of other toxic

(i)

chemicals listed in Schedule I, and has, or can be expected to have, comparable

properties;

It possesses such lethal or incapacitating toxicity as well as other properties

(ii)

that would enable it to be used as a chemical weapon;

It may be used as a precursor in the final single technological stage of

(iii)

production of a toxic chemical listed in Schedule I, 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.

<;uidelines for Schedule 2

2. The follOwing criteria shall be taken into account in considering whether a toxic chemical not

listed in Schedule lora precursor to a Schedule I chemical or to a chemical listed in

Schedule 2, part A, should be included in Sch.e dule 2

It poses a significant risk to the object and purpose of this Convention because it

(a)

possesses such lethal or incapacitating toxicity as well as other properties that could

enable it to be used as a chemical weapon;

.

It may be used as a precursor in one of the chemical reactions at the final stage of

(b)

formation of a chemical listed in Schedule I or Schedule 2, part A;

(c) ·

It poses a signifieant risk to the object and purpose of this Convention by virtue of its

importance in the production of a chemical listed in Schedule I or Schedule 2, part

A;

It is not produced in large commercial quantities for purposes not prohibited under

(d)

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;

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 I or

Schedule 2, part B;

(d)

It may be produced in large commercial quantities for purposes not prohibited under

this Convention.

."

(5)

Lewisites

Schedule 2

Toxic chemicals

Lewisite I: 2-Chlorovinyldichloroarsine

A.

(541·25-3)

Lewisite 2: Bis(2-chlorovinyl)chloroarsine

(40334-69-8)

Amiton: O,O-Diethyl S-[2-(diethylarnino)ethylj

. Lewisite 3: Tris(2-chlorovinyl)arsine

(40334-70-1)

(1)

phosphorothiolate

(78-53-5)

and corresponding alkylated or protonated salts

(6)

Nitrogen mustards

(2)

PFlB: I,I,3,3,3-Pentaf!uoro-2-(trifluoromethyI)-I-propene '

(382-21-8)

HNI: Bis(2-chloroethyI)ethylamiue .

(538-07-8)

HN2: Bis(2-chloroethyl)methylamine

(51-75-2)

'(3)

BZ: 3-Quinuclidinyl benzilate (*)

. (6581-06-2)

HN3: Tris(2-chloroethyl)amine

(555-77-1)

B.

Precursors

(7)

Saxitoxin

(35523-89-8)

(4) '

Chemicals, except for those listed in Schedule 1,

(8)

Ricin

(9009-86-3)

cOllfaining a phosphorus atom to which is bonded

one methyl, ethyl or propyl (nonnal or iso) group

B.

Precursot:S

but not further carbon atoms,

(9)

Alkyl (Me, Et, n-Pr or i-Pr) phosphonyldifluorides

e.g. Methylphosphonyl dichloride

(676-97-1)

Dimethyl methylphosphonate

(756-79-6)

e.g. DF

Methylphosphonyldifluoride

(676-99-3)

Exemption

Fonofos: O-Ethyl

S-phenyl

.

O-Alkyl (H or $,CIO> incl. cycloalkyl) 0-2-dialkyl

(10)

•

ethylphosphonothiolothionate

(944-22-9)

(Me, Et, n-Pr Or i-Pr)-arninoethyl alkyl

•

(Me, Et, n-Pr or i-Pr) phosphOnites and

N~N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphorarnidic dihalides

(5)

corresponding alkylated or protonared salts

(6)

Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl

e.g. QL

O-EthyIO-2-diisopropylarnill.oethyl

•

(Me, Et, n-Pr or i-Pr)-phosphorarnidates

methylphosphonite

(57856-11-8)

.

(7)

Arsenic trichloride

(7784-34-1)

(11)

Chlorosarin

O-Isopropyl methylphosphonochloridate

(1445-76-7)

.

(8)

2,2-Diphenyl-2-hydroxyacetic acid

(76-93-7)

(12)

Chlorosoman

O-Pinacolyl methylphosphonochloridate

(7040-57-5) .

(9)

Quinuclidin-3-o1

(1619-34-7)

flO)

. N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-chlorides

.'

and corresponding protonated salts

(II)

N,N-Dialkyl (Me, Et, n-Pr or i-Pr) arninoethane-2-o1s

and corresponding protonated salts

Exemptions: N ,N-Dimethylarninoethanol

(108-01-0)

and corresponding protonated salts

•

N ,N -Diethylarninoethanol

(100-37-8)

and corresponding protonated salts

(12)

N,N-Dialkyl (Me, Et, n-Pr or i-Pr) arninoethane-2-thiols

and corresponding protonated salts

•

(13)

Thiodiglycol: Bis(2-hydroxyethyl)sulfide

(111-48-8)

(14)

Pinacolyl alcohol: 3,3-Dimethylbutan-2-o1

(464-07-3)

~~ule2

Toxic chemicals

Amiton: O,O-Diethyl S-[2-(diethylamino)ethyI)

(1)

phOsphorothiolate

and corresponding alleylated or protonated salts

PFIB: l,l,3,3,3-Pentafluoro-2-(trifluoromethyl)-1-propene

(2)

BZ: 3-Quinuclidinyl benzilate (*)

Precursors

(4)

Chemicals, except for those listed in Schedule I,

containing a phosphorus atom to which is bonded

one methyl, ethyl or propyl (nonnal or iso) group

but not further carbon atoms,

e.g. Methylphosphonyl dichloride

Dimethyl methylphosphonate

Fonofos: O-Ethyl S-phenyl

Exemption

ethylphosphonothiolothionate

(5)

N,N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic dihalides

•

(6)

Dialleyl (Me, Et, n-Pr or i-Pr) N,N-dialleyl

(Me, Et, n-Pr or i-Pr)-phosphoramidates

.

(7)

Arsenic trichloride

(8)

2,2-Diphenyl-2-hydroxyacetic acid

(9)

Quinuclidin-3-01

(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-2-0Is

and corresponding protonated salts

Exemptions: N ,N-Dimethylaminoethanol

and corresponding protonated salts

N ,N -Diethylaminoethanol

and corresponding protonated salts

(12)

N,N-Dialkyl (Me, Et, n-Pr or i-Prj aminoethane-2-thiols

and corresponding protonated salts

(13)

Thiodiglycol: Bis(2-hydroxyethyl)sulfide

(14)

Pinacolyl alcohol: 3,3-Dimethylbutan-2-01

CONlENTS (continued)

PART IV (A): DESTRUCTION OF CHEMICAL WEAPONS AND ITS VERIFICATION

PURSUANT TO·ARTICLE IV

DECLARATIONS

A.

Chemical weapons .

Declarations of chemical weapons pursuant to

Article III, paragraph l' (a) (iii) ..

Declarations of past transfers and receipts

Submission of the general plan for destruction of

chemical weapons.

.

B.

MEASURES TO SECURE THE STORAGE FACILITY AND STORAGE

FACILITY PREPARATION

C.

DESTRUCTION.

Principles and methods for destruction of chemical

weapons

Order of destruction

Modification of intermediate destruCtion aeaaJines

Extension of the deadline for completion of

destruction

Detailed annual plans for destruction

Annual reports on destruction

D.

VERIFICATION

Verification of declarations of chemical weapons

through on-site inspection

Systematic verification of storage facilities

Inspections and visits

Systematic verification of the destruction of

chemical weapons

Chemical weapons storage facilities at chemical

weapons destruction facilities

Systematic on-site verification measures at chemical

weapons destruction facilities.

PART IV (B): OLD CHEMICAL WEAPONS AND ABANDONED CHEMICAL WEAPONS

GENERAL

A.

B.

REGIME FOR OLD CHEMICAL WEAPONS

C.

REGIME FOR ABANDONED CHEMICAL WEAPONS

CON1ENTS (continued)

DESTRUCTION OF CHEMICAL WEAPONS PRODUCTION FACILITIES

AND ITS VERIFICATION PURSUANT TO ARTICLE V

DECLARATIONS.

Declarations of chemical weapons production

facilities

Declarations of chemical weapons production

facilities pursuant to Article III,

paragraph I (c) (iii)

Declarations of past transfers and receipts

Submission of general plans for destruction

Submission of annual plans for destruction and annual

reports on destruction

DESTRUCTION

General principles for destruction of chemical

weapons production facilities

Principles and methods for closure of a chemical

weapons production facility

Technical maintenance of chemical weapons production

facilities prior to their destruction

Principles and methods for temporary conversion of

chemical weapons production facilities into

chemical weapons destruction facilities

Principles and methods related to dllstruction of a

chemical weapons production facility

Order of destruction

Detailed plans for destruction

Review of detailed plans

VERIFICATION

Verification of declarations of chemical weapons

production facilities through on-site inspection

Systematic verification of chemical weapons

production facilities and cessation of their

activities

Verification of destruction-of chemical weapons

production facilities

Verification of temporary conversion of a chemical

weapons production facility into a chemical weapons

destruction facility

Ii"

, ."

CON1ENTS (continued)

CON1ENTS (continued)

B.

VERIFICATION

D.

CONVERSION OF CHEMICAL WEAPONS PRODUCTION FACILITIES

TO PURPOSES NOT PROHffiITED UNDER THIS CONVENTION

General

I

Inspection aims

Procedures for requesting conversion

Initial inspections

Actions pending a decision

Inspections

" Conditions for conversion

Inspection procedures

Decisions by the Executive Council and the Conference

Notification of inspection.

Detailed plans for conversion.

Review of detailed plans

C.

TRANSFERS TO STA1ES NOT PARTY TO THIS CONVENTION

PART VI

ACTIVITIES NOT PROHmITED UNDER THIS CONVENTION IN

I

I

PART VIII: ACTIVITIES NOT PROHffiI1ED UNDER THIS CONVENTION IN

ACCORDANCE WITH ARTICLE VI

ACCORDANCE WITH ARTICLE VI

REGIME FOR SCHEDULE I CHEMICALS AND FACILITIES RELA1ED TO

REGIME FOR SCHEDULE 3 CHEMICALS AND FACILITIES RELA1ED

SUCH CHEMICALS

TO SUCH CHEMICALS

A.

GENERAL PROVISIONS.

A.

DECLARATIONS

B.

TRANSFERS

Declarations of aggregate national data

Declarations of plant sites producing Schedule 3

C.

PRODUCTION

chemicals

Declarations on past production of Schedule 3

General prinCiples for production

chemicals for chemical weapons purposes

Single small-scale facility

Information to States Parties.

Other facilities.

B.

VERIFICATION.

D.

DECLARATIONS.

General

Single small-scale facility

Inspection aims .

Other facilities referred to in paragraphs 10 and II

Inspection procedures

Notification of inspection

E.

VERIFICATION

C.

TRANSFERS TO STA1ES NOT PARTY TO THIS CONVENTION

Single small-scale facility.

Other facilities referred to in paragraphs 10 and II

ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION IN

PART IX

ACCORDANCE WITH ARTICLE VI

PART VII

ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION IN

ACCORDANCE WITH ARTICLE VI

REGIME FOR OTHER CHEMICAL PRODUCTION FACILITIES

REGIME FOR SCHEDULE 2 CHEMICALS AND FACILITIES RELA1ED

A.

DECLARATIONS

TO SUCH CHEMICALS

List of other chemical production facilities .

Assistance by the Technical Secretariat.

A.

DECLARATIONS.

Information to States Parties

Declarations of aggregate national data

Declarations of plant sites producing, processing or

consuming Schedule 2 chemicals

Declarations on past production of Schedule 2

chemicals for chemical weapons purposes

Information to States Parties

Ii"

, ."

CON1ENTS (continued)

CON1ENTS (continued)

B.

VERIFICATION

D.

CONVERSION OF CHEMICAL WEAPONS PRODUCTION FACILITIES

TO PURPOSES NOT PROHffiITED UNDER THIS CONVENTION

General

I

Inspection aims

Procedures for requesting conversion

Initial inspections

Actions pending a decision

Inspections

" Conditions for conversion

Inspection procedures

Decisions by the Executive Council and the Conference

Notification of inspection.

Detailed plans for conversion.

Review of detailed plans

C.

TRANSFERS TO STA1ES NOT PARTY TO THIS CONVENTION

PART VI

ACTIVITIES NOT PROHmITED UNDER THIS CONVENTION IN

I

I

PART VIII: ACTIVITIES NOT PROHffiI1ED UNDER THIS CONVENTION IN

ACCORDANCE WITH ARTICLE VI

ACCORDANCE WITH ARTICLE VI

REGIME FOR SCHEDULE I CHEMICALS AND FACILITIES RELA1ED TO

REGIME FOR SCHEDULE 3 CHEMICALS AND FACILITIES RELA1ED

SUCH CHEMICALS

TO SUCH CHEMICALS

A.

GENERAL PROVISIONS.

A.

DECLARATIONS

B.

TRANSFERS

Declarations of aggregate national data

Declarations of plant sites producing Schedule 3

C.

PRODUCTION

chemicals

Declarations on past production of Schedule 3

General prinCiples for production

chemicals for chemical weapons purposes

Single small-scale facility

Information to States Parties.

Other facilities.

B.

VERIFICATION.

D.

DECLARATIONS.

General

Single small-scale facility

Inspection aims .

Other facilities referred to in paragraphs 10 and II

Inspection procedures

Notification of inspection

E.

VERIFICATION

C.

TRANSFERS TO STA1ES NOT PARTY TO THIS CONVENTION

Single small-scale facility.

Other facilities referred to in paragraphs 10 and II

ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION IN

PART IX

ACCORDANCE WITH ARTICLE VI

PART VII

ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION IN

ACCORDANCE WITH ARTICLE VI

REGIME FOR OTHER CHEMICAL PRODUCTION FACILITIES

REGIME FOR SCHEDULE 2 CHEMICALS AND FACILITIES RELA1ED

A.

DECLARATIONS

TO SUCH CHEMICALS

List of other chemical production facilities .

Assistance by the Technical Secretariat.

A.

DECLARATIONS.

Information to States Parties

Declarations of aggregate national data

Declarations of plant sites producing, processing or

consuming Schedule 2 chemicals

Declarations on past production of Schedule 2

chemicals for chemical weapons purposes

Information to States Parties

CONTENTS (continued)

CONTENTS <continued)

B.

VERIFICATION

PRE-INSPECTION ACI'IVITIES

B.

General

Request for an investigation

Inspection aims .

Notiftcation

Inspection procedures

•

Notiftcation of inspection

Assignment of inspection team

Dispatch ofinspection team

C.

IMPLEMENTATION AND REVIEW OF SECTION B

Briefings

Implementation

C.

CONDUCT OF INSPECII0NS

Review

Access

PART X

CHALLENGE INSPECTIONS PURSUANT TO ARTICLE IX

Sampling

Extension of inspection site

A.

DESIGNATION AND SELECTION OF INSPECTORS AND INSPECTION

Extension of inspection duration

ASSISTANTS

Interviews

B.

PRE·INSPECTION ACTIVI flES

D.

REPORTS

Notiftcation

Procedures

Eru:ry into the territory of the inspected State Party

Contents

or the Host Stare

A1temati ve determination of final perimeter

E.

STATES NOT PARTY TO TIiIS CONVENTION

. Verification oflocation

Securing the site, exit monitOring

Pre-inspection briefing and inspection plan

Perimeter activities

C.

CONDUCT OF INSPECTIONS

General rules

Managed access .

Observer

Duration of inspection

D.

POST·INSPEC'1 ION AC IlVlTIES

Departure

•

Reports

PART XI

INVESTIGATIONS IN CASES OF ALLEGED USE OF CHEMICAL WEAPONS

GENERAL

A.

CONTENTS (continued)

CONTENTS <continued)

B.

VERIFICATION

PRE-INSPECTION ACI'IVITIES

B.

General

Request for an investigation

Inspection aims .

Notiftcation

Inspection procedures

•

Notiftcation of inspection

Assignment of inspection team

Dispatch ofinspection team

C.

IMPLEMENTATION AND REVIEW OF SECTION B

Briefings

Implementation

C.

CONDUCT OF INSPECII0NS

Review

Access

PART X

CHALLENGE INSPECTIONS PURSUANT TO ARTICLE IX

Sampling

Extension of inspection site

A.

DESIGNATION AND SELECTION OF INSPECTORS AND INSPECTION

Extension of inspection duration

ASSISTANTS

Interviews

B.

PRE·INSPECTION ACTIVI flES

D.

REPORTS

Notiftcation

Procedures

Eru:ry into the territory of the inspected State Party

Contents

or the Host Stare

A1temati ve determination of final perimeter

E.

STATES NOT PARTY TO TIiIS CONVENTION

. Verification oflocation

Securing the site, exit monitOring

Pre-inspection briefing and inspection plan

Perimeter activities

C.

CONDUCT OF INSPECTIONS

General rules

Managed access .

Observer

Duration of inspection

D.

POST·INSPEC'1 ION AC IlVlTIES

Departure

•

Reports

PART XI

INVESTIGATIONS IN CASES OF ALLEGED USE OF CHEMICAL WEAPONS

GENERAL

A.

PART I

(a) (i), or corrosive chemicals, such as: equipment made of high-nickel

alloys or other special corrosion-resistant matenal; special equipment for

DEFINITIONS

waste control, waste treaUnent, air filtering, or solvent recovery; special

contaiJllIlent enclosures and safety shields; non-standard laboratory

1. "Approved Equipment" means the devices and instruments necessary for the performance of

equipment used to analyse toxic chemicals for chemical weapons purposes;

the inspection team's duties that have been certified by the Technical Secretariat in

custom-designed process control panels; or dedicated spares for specialized

accordance with regulations prepared by the Technical SecretaIiat pursuant to Part II,

equipment.

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.

"Standard Equipment" means

(b)

2. (i)

"Building" as referred to in the definition of chemical weapons production facility in Article

Production equipment which is generally used in the chemical industry and

II compnses specialized buildings and standard buildings.

is not included in the types of specialized equipment;

(a)

"Specialized Building" means

(ii)

Other equipment commoniyused in the chemical Industry, such as

rue-fighting equipment; guard and security/safety surveillance equipment;

(i)

Any building, including underground strucrures, containing specialized

medical facilities, laboratory facilities; or communications equipment.

equipment in a production or filling configuration;

.

. .

6 .

"Facility" in the context of Article VI means any of the industrial sites as defined below

.

("plant site", "plant" and "linit").

(ii)

Any buildirig, 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.

(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

"Standard Building" means any building, including underground structures,

(b)

includes common infrastructure, such as

constructed to prevailing industry standards for facilities not producing any chemical

specified in Article II, paragraph 8 (a) (i), or corrosive chemicals. ·

(i)

Administration and other offices;

"Challenge Inspection" means the inspection of any facility or location in the territory or in

(ii)

Repair and maintenance shops; .

3. 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.

(iii)

Medical centre;

4. (iv)

Utilities;

"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

(v)

Central analytical laboratory;

Abstracts Service registry number, if assigned.

(vi)

Research and development laboratones;

5. "Equipment" as referred to in the definition of chemical weapons production facility in

Article II comprises specialized equipment and standard equipment.

(vii)

Central effluent and waste treatment area; and

"Specialized Equipment" means

(viii)

Warehouse storage.

(a)

.

(b)

The main production train, including any reactor or equipment for product

(i)

"Plant" (Production facility, Workshop) means a relatively self-contained area,

synthesis, separation or purification, any equipment used directly for heat

structure. or building containing one or more units with auxiliary and associated

infrastructure, such as

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

(i)

Small administrative section;

contact with such a chemical if the facility were operated;

Storage/handling areas for feedstock and products;

(ii)

Any chemical weapon filling machines;

(ii)

(iii)

Effluent/waste handling/treatment area;

Any other equipment specially designed, built or installed for the operation

(iii)

(iv)

of the facility as a chemical weapons production facility, as distinct from a

Controllanalyticallaboratory;

facility constructed according to prevailing commercial industry standardS

(v)

for facilities not pro<jucing any chemical specified in Article II, paragraph 8

First aid service/related medical section; and

PART I

(a) (i), or corrosive chemicals, such as: equipment made of high-nickel

alloys or other special corrosion-resistant matenal; special equipment for

DEFINITIONS

waste control, waste treaUnent, air filtering, or solvent recovery; special

contaiJllIlent enclosures and safety shields; non-standard laboratory

1. "Approved Equipment" means the devices and instruments necessary for the performance of

equipment used to analyse toxic chemicals for chemical weapons purposes;

the inspection team's duties that have been certified by the Technical Secretariat in

custom-designed process control panels; or dedicated spares for specialized

accordance with regulations prepared by the Technical SecretaIiat pursuant to Part II,

equipment.

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.

"Standard Equipment" means

(b)

2. (i)

"Building" as referred to in the definition of chemical weapons production facility in Article

Production equipment which is generally used in the chemical industry and

II compnses specialized buildings and standard buildings.

is not included in the types of specialized equipment;

(a)

"Specialized Building" means

(ii)

Other equipment commoniyused in the chemical Industry, such as

rue-fighting equipment; guard and security/safety surveillance equipment;

(i)

Any building, including underground strucrures, containing specialized

medical facilities, laboratory facilities; or communications equipment.

equipment in a production or filling configuration;

.

. .

6 .

"Facility" in the context of Article VI means any of the industrial sites as defined below

.

("plant site", "plant" and "linit").

(ii)

Any buildirig, 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.

(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

"Standard Building" means any building, including underground structures,

(b)

includes common infrastructure, such as

constructed to prevailing industry standards for facilities not producing any chemical

specified in Article II, paragraph 8 (a) (i), or corrosive chemicals. ·

(i)

Administration and other offices;

"Challenge Inspection" means the inspection of any facility or location in the territory or in

(ii)

Repair and maintenance shops; .

3. 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.

(iii)

Medical centre;

4. (iv)

Utilities;

"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

(v)

Central analytical laboratory;

Abstracts Service registry number, if assigned.

(vi)

Research and development laboratones;

5. "Equipment" as referred to in the definition of chemical weapons production facility in

Article II comprises specialized equipment and standard equipment.

(vii)

Central effluent and waste treatment area; and

"Specialized Equipment" means

(viii)

Warehouse storage.

(a)

.

(b)

The main production train, including any reactor or equipment for product

(i)

"Plant" (Production facility, Workshop) means a relatively self-contained area,

synthesis, separation or purification, any equipment used directly for heat

structure. or building containing one or more units with auxiliary and associated

infrastructure, such as

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

(i)

Small administrative section;

contact with such a chemical if the facility were operated;

Storage/handling areas for feedstock and products;

(ii)

Any chemical weapon filling machines;

(ii)

(iii)

Effluent/waste handling/treatment area;

Any other equipment specially designed, built or installed for the operation

(iii)

(iv)

of the facility as a chemical weapons production facility, as distinct from a

Controllanalyticallaboratory;

facility constructed according to prevailing commercial industry standardS

(v)

for facilities not pro<jucing any chemical specified in Article II, paragraph 8

First aid service/related medical section; and

A !OI

PART II

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 shaH be designated in accordance with the

GENERAL RULES OF VERIFICATION

procedures set forth in this Annex as applied both to the inspected State Party and the Host

State Party.

-

A.

DESIGNATION OF INSPECTORS AND INSPECTION ASSISTANTS

B.

PRIVILEGES AND IMMUNITIES

Not later than 30 days after entry into force of this Convention the Technical Secretariat shaU

1. communicate, in writing, to all States Parties the names, nationalities and ranks of the

Each State Party shall, not later than 30 days after acknowledgement of receipt of the list of

10. inspectors and inspection assistants or of changes thereto, provide mUltiple entry/exit andlor

inspectors and inspection assistants proposed for designation, as well as a description of their

transit visas and other such documents to enable each inspector or inspection assistant to

qualifications and professional experiences.

enter and to remain on the territory of that State Party for the purpose of carrying out

2. inspection activities. These documents shall be valid for at least two years after their

Each State Party shall immediately acknowledge receipt of the list of inspectors and

provision to the Technical Secretariat.

inspection assistants, proposed for designation communicated to it. The State Party shall

inform the Technical Secretari;U in writing of its acceptance of each inspector and inspection

To exercise their functions effectively, inspectors and inspection assistants shall be accorded

assistant, not later than 30 days after acknowledgement of receipt of the list. Any inspector

11. privileges and immunities as set forth in subparagraphs (a) to (i). Privileges and immunities

and inspection assistant included in this list shall be regarded as designated unless a State

shall be granted to members of the inspection team for the sake of this Convention and not

Party, not later than 30 days after acknowledgement of receipt of the list, declares its

for the personal benefit of the individuals themselves. Such privileges and immunities shall

non-acceptance in writing. The State Party may include the reason for the objection.

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

In the case of non-acceptance, the proposed inspector or inspection assistant shall not

performed in the exercise of their official functions.

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

(a)

The members of the inspection team shall be accorded the inviolability enjoyed by

Technical Secretariat shall, as necessary, submit further proposals in addition to the original

diplomatic agents pursuant to Article 29 of the Vienna Convention on Diplomatic

list.

Relations of 18 April 1961.

Verification activities under this Convention shall only be performed by designated

3. (b)

The living quarters and office premises occupied by the inspection team carrying out

inspectors and inspection assistants.

inspection activities pursuant to this Convention _shall be accorded the inviolability

and protection accorded to the premises of diplomatic

agents pursuant

to Article 30,

Subject to the provisions of paragraph 5; a State Party has the right at any time to object to an

4. -

-

paragraph 1, of the Vienna Convention on Diplomatic Relations.

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.

(c)

The papers and correspondence, including records, of the inspection team shall enjoy

Such objection shall come into effect 30 days after receipt by the Technical Secretariat. The

-the Inviolability accorded to all papers and conespondence of diplomatic agents

Technical Secretariat shall immediately inform the State Party concerned of the withdrawal

pursuant te Article 30, paragraph 2, of the Vienna Convention on Diplomatic

of the designation of the inspector or inspection assistant.

Relations. The inspection team shall have the right to use codes for their

communications with the Technical Secretariat.

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

(d)

Samples and approved equipment carried by members of the inspection team shall be

named in the inspection team list.

-

inviolable subject to provisions contained in this Convention and exempt from all

customs duties. Hazardous samples shall be transported in accordance with relevant

The number of inspectors or inspection assistants accepted by and designated to a State Party

6. regulations.

must be sufficient to allow for availability and rotation of appropriate numbers of inspectors

and inspection assistants.

(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

If, in the opinion of the Director-General, the non-acceptance of proposed inspectors or

7. Convention on Diplomatic Relations.

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

(t)

The members of the inspection team carrying out prescribed activities pursuant to

Technical Secretariat, the Director-General shall refer the issue to the Executive Council.

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

8. Whenever amendments to the above-mentioned lists of inspectors and inspection assistants

Relations.

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.

(g)

The members of the inspection team shall be permitted to bring into the territory of

the inspected Slale Party or Host State Party, without payment of any customs duties

A !OI

PART II

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 shaH be designated in accordance with the

GENERAL RULES OF VERIFICATION

procedures set forth in this Annex as applied both to the inspected State Party and the Host

State Party.

-

A.

DESIGNATION OF INSPECTORS AND INSPECTION ASSISTANTS

B.

PRIVILEGES AND IMMUNITIES

Not later than 30 days after entry into force of this Convention the Technical Secretariat shaU

1. communicate, in writing, to all States Parties the names, nationalities and ranks of the

Each State Party shall, not later than 30 days after acknowledgement of receipt of the list of

10. inspectors and inspection assistants or of changes thereto, provide mUltiple entry/exit andlor

inspectors and inspection assistants proposed for designation, as well as a description of their

transit visas and other such documents to enable each inspector or inspection assistant to

qualifications and professional experiences.

enter and to remain on the territory of that State Party for the purpose of carrying out

2. inspection activities. These documents shall be valid for at least two years after their

Each State Party shall immediately acknowledge receipt of the list of inspectors and

provision to the Technical Secretariat.

inspection assistants, proposed for designation communicated to it. The State Party shall

inform the Technical Secretari;U in writing of its acceptance of each inspector and inspection

To exercise their functions effectively, inspectors and inspection assistants shall be accorded

assistant, not later than 30 days after acknowledgement of receipt of the list. Any inspector

11. privileges and immunities as set forth in subparagraphs (a) to (i). Privileges and immunities

and inspection assistant included in this list shall be regarded as designated unless a State

shall be granted to members of the inspection team for the sake of this Convention and not

Party, not later than 30 days after acknowledgement of receipt of the list, declares its

for the personal benefit of the individuals themselves. Such privileges and immunities shall

non-acceptance in writing. The State Party may include the reason for the objection.

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

In the case of non-acceptance, the proposed inspector or inspection assistant shall not

performed in the exercise of their official functions.

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

(a)

The members of the inspection team shall be accorded the inviolability enjoyed by

Technical Secretariat shall, as necessary, submit further proposals in addition to the original

diplomatic agents pursuant to Article 29 of the Vienna Convention on Diplomatic

list.

Relations of 18 April 1961.

Verification activities under this Convention shall only be performed by designated

3. (b)

The living quarters and office premises occupied by the inspection team carrying out

inspectors and inspection assistants.

inspection activities pursuant to this Convention _shall be accorded the inviolability

and protection accorded to the premises of diplomatic

agents pursuant

to Article 30,

Subject to the provisions of paragraph 5; a State Party has the right at any time to object to an

4. -

-

paragraph 1, of the Vienna Convention on Diplomatic Relations.

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.

(c)

The papers and correspondence, including records, of the inspection team shall enjoy

Such objection shall come into effect 30 days after receipt by the Technical Secretariat. The

-the Inviolability accorded to all papers and conespondence of diplomatic agents

Technical Secretariat shall immediately inform the State Party concerned of the withdrawal

pursuant te Article 30, paragraph 2, of the Vienna Convention on Diplomatic

of the designation of the inspector or inspection assistant.

Relations. The inspection team shall have the right to use codes for their

communications with the Technical Secretariat.

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

(d)

Samples and approved equipment carried by members of the inspection team shall be

named in the inspection team list.

-

inviolable subject to provisions contained in this Convention and exempt from all

customs duties. Hazardous samples shall be transported in accordance with relevant

The number of inspectors or inspection assistants accepted by and designated to a State Party

6. regulations.

must be sufficient to allow for availability and rotation of appropriate numbers of inspectors

and inspection assistants.

(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

If, in the opinion of the Director-General, the non-acceptance of proposed inspectors or

7. Convention on Diplomatic Relations.

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

(t)

The members of the inspection team carrying out prescribed activities pursuant to

Technical Secretariat, the Director-General shall refer the issue to the Executive Council.

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

8. Whenever amendments to the above-mentioned lists of inspectors and inspection assistants

Relations.

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.

(g)

The members of the inspection team shall be permitted to bring into the territory of

the inspected Slale 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

In cases where facilities or areas of an inspected State Party are located on the territory of a

19. or export of which is prohibited by law or controlled by quarantine regulations.

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

The members of the inspection team shall " be accorded the same currency and

Party shall exercise the rights and fulfil the obligations concerning such inspections in

(h)

exchange facilities as are accorded to representatives Of foreign Governments on

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

temporary official missions.

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

The members of the inspection team shall not engage in any professional or

(i)

commercial activity for personal profit on the territory of the inspected State Party or

transit.

the Host State.

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

When transiting the territory of non-inspected States Parties, the members of the Inspection

12. to ensure that inspections of those facilities or areas can be carried out in accordance with the

team shall be accorded the privileges and immunities enjoyed by diplomatic agents pursuant

•

provisions of this Annex. A State Party that has one or more facilities or areas on the

to Article 40, paragraph I, of the Vienna Convention on Diplomatic Relations. Papers and

territory of a State not Party to this Convention shall take all necessary measures to ensure

corresPondence, including records, and samples and approved equipment, <;:grled by them,

acceptance by the Host State of inspectors and inspection assistants designated to that State

shall be accorded the privileges and immunities set forth in paragraph II (c) and (d).

Party. If an inspected State Party is unable to ensure access, it shall demonstrate that it took

all necessary measures to ensure access.

Without prejudice to their privileges and immunities the members of the inspection team

13. shall be obliged to respect the laws and regulations of the inspected State Party or Host State

21. In cases where the facilities or areas sought to be inspected are located on the territory of a

and, to the extent that is consistent with the inspection mandate, shall be obliged not to

State Party, but in a place under the jurisdiction or control of a State not Party to this

interfere in the internal affairs of that State. If the inspected State Party or Host State Party

Convention, the State Party shall take all necessary measures as would be required of an

considers that there has been an abuse of privileges and immunities specified in this Annex,

inspected State Party and a ~ost State Party to ensure that inspections of such facilities or

consultations shall be held between the State Party and the Director-General to determine

areas can be carried out in accordance with the provisions of this Annex. If the State Party is

whether such an abuse has occurred and, if so detemifned, to prevent a repetition of such an

unable to ensure access to those facilities or areas, it shall demonstrate that it took all

abuse.

necessary measures to ensure access. lhis paragraph shall not apply where the facilities or

areas sought to be inspected are those of the State Party.

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

Arrangernents for use of non-scheduled aircraft

would impede the course of justice arid that it can be waived without prejudice to the

implementation of the provisions of this Convention. Waiver must always be express.

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

15. Observers shall be accorded the same privileges and immunities accorded to inspectors

owned or chartered by the Technical Secretariat. Not later than 30 days after this Convention

pursuant to this section, except for those accorded pursuant to paragraph II (d).

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 tearns and

C.

STANDING ARRANGEMENTS

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

Points of entry

international airways that are agreed upon between the States Parties and the Technical

Secretariat as the basis for such diplomatic clearance.

16. Each State Party shall designate the points of entry and shall supply the required infonnation

to the Technical Secretariat not later than 30 days after this Convention enters into force for

23. When a non-scheduled aircraft is used, the Technical Secretariat shall provide the inspected

it. These points of entry shall be such that the inspection team can reach any inspection site

State Party with a flight plan, through the National Authority, for the aircraft's flight from the

from at least one point of entry within 12 hours. Locations of points of entry shall be

last airfield prior to entering the airspace of the State in which the inspection site is located to

provided to all States Parties by the Technical Secretariat.

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

17. Each State Party may change the points of entry by giving notice of such change to the

Civil Aviation Organization applicable to civil aircraft. For its owned or chartered flights,

Technical Secretariat. Changes shall become effective 30 days after the Technical Secretariat

the Technical Secretariat shall include in the remarks section of each flight plan the standing

receives such notification to allow appropriate notification to all States Parties.

diplomatic clearance number and the appropriate notation identifying the aircraft as an

inspection aircraft.

18. If the Technical Sectetariat considers that there are insufficient points of entry for the timely

,

conduct of inspections or that changes to the points of yntry proposed by a State Party would

24. Not less than three hours before the scheduled departure of the inspection team from the last

hamper such timely conduct of inspections, it shall enter into consultations with the State

airfield prior to entering the airspace of the State in which the inspection is to take place, the

Party concerned to resolve the problem.

inspected State Party or Host State Party shall ensure that the flight plan filed il1 accordance

or related charges, articles for personal use, with the exception of articles the import

In cases where facilities or areas of an inspected State Party are located on the territory of a

19. or export of which is prohibited by law or controlled by quarantine regulations.

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

The members of the inspection team shall " be accorded the same currency and

Party shall exercise the rights and fulfil the obligations concerning such inspections in

(h)

exchange facilities as are accorded to representatives Of foreign Governments on

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

temporary official missions.

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

The members of the inspection team shall not engage in any professional or

(i)

commercial activity for personal profit on the territory of the inspected State Party or

transit.

the Host State.

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

When transiting the territory of non-inspected States Parties, the members of the Inspection

12. to ensure that inspections of those facilities or areas can be carried out in accordance with the

team shall be accorded the privileges and immunities enjoyed by diplomatic agents pursuant

•

provisions of this Annex. A State Party that has one or more facilities or areas on the

to Article 40, paragraph I, of the Vienna Convention on Diplomatic Relations. Papers and

territory of a State not Party to this Convention shall take all necessary measures to ensure

corresPondence, including records, and samples and approved equipment, <;:grled by them,

acceptance by the Host State of inspectors and inspection assistants designated to that State

shall be accorded the privileges and immunities set forth in paragraph II (c) and (d).

Party. If an inspected State Party is unable to ensure access, it shall demonstrate that it took

all necessary measures to ensure access.

Without prejudice to their privileges and immunities the members of the inspection team

13. shall be obliged to respect the laws and regulations of the inspected State Party or Host State

21. In cases where the facilities or areas sought to be inspected are located on the territory of a

and, to the extent that is consistent with the inspection mandate, shall be obliged not to

State Party, but in a place under the jurisdiction or control of a State not Party to this

interfere in the internal affairs of that State. If the inspected State Party or Host State Party

Convention, the State Party shall take all necessary measures as would be required of an

considers that there has been an abuse of privileges and immunities specified in this Annex,

inspected State Party and a ~ost State Party to ensure that inspections of such facilities or

consultations shall be held between the State Party and the Director-General to determine

areas can be carried out in accordance with the provisions of this Annex. If the State Party is

whether such an abuse has occurred and, if so detemifned, to prevent a repetition of such an

unable to ensure access to those facilities or areas, it shall demonstrate that it took all

abuse.

necessary measures to ensure access. lhis paragraph shall not apply where the facilities or

areas sought to be inspected are those of the State Party.

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

Arrangernents for use of non-scheduled aircraft

would impede the course of justice arid that it can be waived without prejudice to the

implementation of the provisions of this Convention. Waiver must always be express.

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

15. Observers shall be accorded the same privileges and immunities accorded to inspectors

owned or chartered by the Technical Secretariat. Not later than 30 days after this Convention

pursuant to this section, except for those accorded pursuant to paragraph II (d).

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 tearns and

C.

STANDING ARRANGEMENTS

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

Points of entry

international airways that are agreed upon between the States Parties and the Technical

Secretariat as the basis for such diplomatic clearance.

16. Each State Party shall designate the points of entry and shall supply the required infonnation

to the Technical Secretariat not later than 30 days after this Convention enters into force for

23. When a non-scheduled aircraft is used, the Technical Secretariat shall provide the inspected

it. These points of entry shall be such that the inspection team can reach any inspection site

State Party with a flight plan, through the National Authority, for the aircraft's flight from the

from at least one point of entry within 12 hours. Locations of points of entry shall be

last airfield prior to entering the airspace of the State in which the inspection site is located to

provided to all States Parties by the Technical Secretariat.

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

17. Each State Party may change the points of entry by giving notice of such change to the

Civil Aviation Organization applicable to civil aircraft. For its owned or chartered flights,

Technical Secretariat. Changes shall become effective 30 days after the Technical Secretariat

the Technical Secretariat shall include in the remarks section of each flight plan the standing

receives such notification to allow appropriate notification to all States Parties.

diplomatic clearance number and the appropriate notation identifying the aircraft as an

inspection aircraft.

18. If the Technical Sectetariat considers that there are insufficient points of entry for the timely

,

conduct of inspections or that changes to the points of yntry proposed by a State Party would

24. Not less than three hours before the scheduled departure of the inspection team from the last

hamper such timely conduct of inspections, it shall enter into consultations with the State

airfield prior to entering the airspace of the State in which the inspection is to take place, the

Party concerned to resolve the problem.

inspected State Party or Host State Party shall ensure that the flight plan filed il1 accordance

with paragraph 23 is approved so that the inspection team may .arrive at the point of entry by

the estimated arrival time . .

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

The inspected State Party shall provide or arrange for the amenities necessary for the

inspection team such as cOlilmunication means, intt:lpretation services to the extent necessary

for the performance of interviewing and other tasks, transponation, working space, lodging,

meals and medical care. In this regard, the inspected State Patty shall be reimbursed by the

Organization for such costs incurred by the inspection team.

Ap'proved eguipment

Subject to paragraph 29, there shall be no restriction by the inspected State Patty on the

. inspection tearn bnnging 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 Anicle VIII, paragraph 21 (I).

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.

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

teIritory of the inspected State Patty 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 Patty 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 Anic\e VIII, paragraph 21 (i).

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, thl'! inspected State Patty shall comply with the request to the

extent it can.

PRE-INSPECTION ACTIVITIES

Notification

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.

Notifications made by the Director-General shall include the following information

(a)

The type of inspection;

(b)

The point of entry;

(c)

Thedate 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;

The names of inspectors and inspection assistants;

(f)

(g)

If appropriate, aircraft clearance for special flights.

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.

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

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

The inspected S~e Party or Host StateParty 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-inmection briefing

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 admiuistrative 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

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.

General rules

Inspectors shall only request infonnation and data which are necessary for the conduct of the

inspection. and the inspected State Party shall furnish such infonnation upon request. · TIle

TIle members of the inspection team shall discharge their functions in accordance with the

38. inspected State Party shall have the right to object to questions posed to the facility personnel

pro.~sions

of this Convention, as well as rules established by the Director-General and

if those questions are deemed not relevant to the inspection. if the head of the inspection

facility agreements concluded between States Parties and the Organization.

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

The inspection team shall strictly observe the inspection mandate issued by the

39. interviews or to allow questions to be answered and any explanations given. in that part of

Director-General. It shall refrain from activities going beyond this mandate.

the inspection report that deals with the cooperation of the inspected State Party.

40. The activities of the inspection team shall be so arranged as to ensure the timely and effective

Inspectors shall have the right to inspect documentation and records they deem relevant to the

discharge of its ~nctions and the least possible inconvenience to the inspected State Party or

conduct of their mission.

Host State and disturpance to the facility or area inspected. The inspection team shall avoid

unnecessarily h~pering or delaying the operation of a facility and avoid affecting its safety.

t

Inspectors shall have the right to have photographs taken at their request by representatives of

In paru~ar, the Ins~on team shall not operate any facility. If inspectors consider that, to

the inspected State Party or of the inspected facility. The capability to take instant

fulfil their mandate, parucular operations should be carried out in a facility, they shall request

development photographic prints shall be available. The inspection team shall determine

the desIgnated representative of the inspected facility to have them perfonned. The

whether photographs confonn to those requested and, if not. repeat photographs shall be

representative shall carry out the request to the extent possible.

taken. The inspection team and the inspected State Party shall each retain one copy of every

photograph.

41. In the perfonnance 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

TIle representatives of the inspected State Party shall have the right to observe all verification

accomparued by representatives of the inspected State Party. but the inspection team must nor

activities carried out by the inspection team.

. thereby be delayed or otherwise hindered in the exercise of its functions.

so.

lbe inspected State Party shall receive copies. at its request. of the infonnation and data

Detailed procedures for the conduct of inspections shall be developed for inclusion in the

42. gathered about its facility(ies) by the Technical Secretariat.

inspection manual by the Technical Secretariat, taking into account guidelines to be

.

vm.

consIdered and approved by the Conference pursuant to Article

paragraph 21 (I).

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

Safety

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

43. In carrying out their activities, inspectors and inspection assistants shall observe safety

the ambiguity. If questions relating to an object or a building located within the inspection

regulations established at the inspection site. including those for the protection of controlled

site are not resolved, the object or building shall. if requested. be photographed for the

e~vironrnents within a facility and for personal safety.

In order to implement these

purpose of clarifying its nature and function. If the ambiguity cannot be removed during the

reqwrements, appropnate detailed procedures shall be considered and approved by the

inspection, the inspectors shall notify the Technical Secretariat immediately. The inspectors

vm.

Conference pursuant to Article

paragraph 21 (i).

.

shall include in the inspection report any such unresolved question. relevant clarifications.

and a copy of any photographs taken.

Communications

44. Inspectors shall have the right throughout the in-country period to communicate with the

Headquarters of the Te:chnical Secretariat. For this purpose they may use their own. duly

Representatives of the inspected State Party or of the inspected facility shall take samples at

certified, approved eqwpment and may request that the inspected State Party or Host State

the request of the inspection team in the presence of inspectors. If so agreed in advance with

Party. provide them with access to other telecommunications. The inspection team shall have

the representatives of the inspected State Party or of the inspected facility. the inspection

the nght to use. Its own two-way system of radio communications between personnel

team may take samples itself.

patrolhng the peruneter and other members of the inspection team.

Where possible. the analysis of samples shall be perfonned on-site. The inspection team

l!lSj)eCtion team and inm:cted State Party rights

shall have the right to perfonn 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

45. The inspection team shall, in accordance with the relevant Articles and Annexes of this

with agreed procedures. provide assistance for the analysis of samples on-site. Alternatively,

Convention as well as with facility agreements and procedures set forth in the inspection

the inspection team may request that appropriate analysis on-site be performed in its

manual, have the right to unimpeded access to the inspection site. The items to be inspected

presence.

will be chosen by the inspectors.

E.

CONDUCT OF INSPECTIONS

Inspectors shall have the right to interview any facility personnel in the presence of

46. representatives of the inspected State Party with the purpose of establishing relevant facts.

General rules

Inspectors shall only request infonnation and data which are necessary for the conduct of the

inspection. and the inspected State Party shall furnish such infonnation upon request. · TIle

TIle members of the inspection team shall discharge their functions in accordance with the

38. inspected State Party shall have the right to object to questions posed to the facility personnel

pro.~sions

of this Convention, as well as rules established by the Director-General and

if those questions are deemed not relevant to the inspection. if the head of the inspection

facility agreements concluded between States Parties and the Organization.

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

The inspection team shall strictly observe the inspection mandate issued by the

39. interviews or to allow questions to be answered and any explanations given. in that part of

Director-General. It shall refrain from activities going beyond this mandate.

the inspection report that deals with the cooperation of the inspected State Party.

40. The activities of the inspection team shall be so arranged as to ensure the timely and effective

Inspectors shall have the right to inspect documentation and records they deem relevant to the

47. discharge of its ~nctions and the least possible inconvenience to the inspected State Party or

conduct of their mission.

Host State and disturpance to the facility or area inspected. The inspection team shall avoid

unnecessarily h~pering or delaying the operation of a facility and avoid affecting its safety.

t

Inspectors shall have the right to have photographs taken at their request by representatives of

48. In paru~ar, the Ins~on team shall not operate any facility. If inspectors consider that, to

the inspected State Party or of the inspected facility. The capability to take instant

fulfil their mandate, parucular operations should be carried out in a facility, they shall request

development photographic prints shall be available. The inspection team shall determine

the desIgnated representative of the inspected facility to have them perfonned. The

whether photographs confonn to those requested and, if not. repeat photographs shall be

representative shall carry out the request to the extent possible.

taken. The inspection team and the inspected State Party shall each retain one copy of every

photograph.

41. In the perfonnance 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

TIle representatives of the inspected State Party shall have the right to observe all verification

49. accomparued by representatives of the inspected State Party. but the inspection team must nor

activities carried out by the inspection team.

. thereby be delayed or otherwise hindered in the exercise of its functions.

so.

lbe inspected State Party shall receive copies. at its request. of the infonnation and data

Detailed procedures for the conduct of inspections shall be developed for inclusion in the

42. gathered about its facility(ies) by the Technical Secretariat.

inspection manual by the Technical Secretariat, taking into account guidelines to be

.

vm.

consIdered and approved by the Conference pursuant to Article

paragraph 21 (I).

Inspectors shall have the right to request clarifications in connection with ambiguities that

51. arise during an inspection. Such requests shall be made promptly through the representative

Safety

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

43. In carrying out their activities, inspectors and inspection assistants shall observe safety

the ambiguity. If questions relating to an object or a building located within the inspection

regulations established at the inspection site. including those for the protection of controlled

site are not resolved, the object or building shall. if requested. be photographed for the

e~vironrnents within a facility and for personal safety.

In order to implement these

purpose of clarifying its nature and function. If the ambiguity cannot be removed during the

reqwrements, appropnate detailed procedures shall be considered and approved by the

inspection, the inspectors shall notify the Technical Secretariat immediately. The inspectors

vm.

Conference pursuant to Article

paragraph 21 (i).

.

shall include in the inspection report any such unresolved question. relevant clarifications.

and a copy of any photographs taken.

Communications

44. Inspectors shall have the right throughout the in-country period to communicate with the

Headquarters of the Te:chnical Secretariat. For this purpose they may use their own. duly

52. Representatives of the inspected State Party or of the inspected facility shall take samples at

certified, approved eqwpment and may request that the inspected State Party or Host State

the request of the inspection team in the presence of inspectors. If so agreed in advance with

Party. provide them with access to other telecommunications. The inspection team shall have

the representatives of the inspected State Party or of the inspected facility. the inspection

the nght to use. Its own two-way system of radio communications between personnel

team may take samples itself.

patrolhng the peruneter and other members of the inspection team.

53. Where possible. the analysis of samples shall be perfonned on-site. The inspection team

l!lSj)eCtion team and inm:cted State Party rights

shall have the right to perfonn 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

45. The inspection team shall, in accordance with the relevant Articles and Annexes of this

with agreed procedures. provide assistance for the analysis of samples on-site. Alternatively,

Convention as well as with facility agreements and procedures set forth in the inspection

the inspection team may request that appropriate analysis on-site be performed in its

manual, have the right to unimpeded access to the inspection site. The items to be inspected

presence.

will be chosen by the inspectors.

The inspected State Party has the right to retain portions of all samples taken or takt:·

F.

DEPARTIJRE

duplicate samples and be present when samples are analysed on-site.

Upon completion of the post-inspection procedures, the inspection team shall leave, as soon

55. The inspection team shall, if it deems it necessary, transfer samples for analysis off-site ·at

as possible, the territory of the inspected State Party or the Host State.

laboratories designated by the Organization.

G.

REPORTS

The Director-General shall have the primary responsibility for the security, integrity and

56. preservation of samples and for ensuring that the confidentiality of samples transferred for

Not later ~ IO days after the inspection, the inspectors shall prepare a factual, final report

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 YIU,

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

paragraph 21 (i), for inclusion in the inspection manual. He shall

report shall also pro,?de i~ormation as to the manner in which the State Party inspected

(a)

Establish a sttingent regime governing the collection, handling, transport and

cooperated With the mspection team. Differing observations made by inspectors may be

attached to the report. The report shall be kept COnfidential.

.

analysis of samples;

The final ~ shall ~mmediately be submitted to the inspected State Party. Any written

(b)

Certify the laboratories designated to perfonn different types of analysis;

comments, which the Inspecte<\. State Party may immediately make on its findings shall be

(c)

Oversee the standardization of equipment and procedures at these designated

annexed to It. The final report together with annexed comments made by the inspected State

laboratories, mobile analytical equipment and procedures, and monitor quality

Party shall be submitted to the Director-General not later than 30 days after the inspection.

-

control and overall standards in relation to the certification of these laboratOries,

mobile equipment and procedures; and

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.

(d)

Select from among the designated laboratories those which shall perform analytical

or other functions in relation to specific investigations.

If ~e ~certainties cannot be removed or the facts established are of a nature to suggest that

57. When off-site analysis is to be performed, samples shall be analysed in at least two

obligations undertaken under this Convention have not been met, the Director-General shall

inform the Executive Council without delay.

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

H.

APPLICATION OF GENERAL PROVISIONS

samples or portions thereof shall be returned to the Technical Secretariat.

The pro~isions of this Part shall apply to all inspections conducted pursuant to this

58. The Technical Secretariat shall compile the results of the laboratory analysis of samples

Con~entlon, except where the provisions of this Part differ from the provisions set forth for

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

specific types of inspections in Parts III to XI of this Annex, in which case the latter

provisions shall tare precedence.

equipment and methodology employed by the designated laboratOries.

59. Periods of inspection may be extended by agreement with the representative of the iitspeCleq,

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. TItis meeting shall be completed not later than 24 hours

after the completion of the inspeCtion.

-

54. The inspected State Party has the right to retain portions of all samples taken or takt:·

F.

DEPARTIJRE

duplicate samples and be present when samples are analysed on-site.

Upon completion of the post-inspection procedures, the inspection team shall leave, as soon

61.

55. The inspection team shall, if it deems it necessary, transfer samples for analysis off-site ·at

as possible, the territory of the inspected State Party or the Host State.

laboratories designated by the Organization.

G.

REPORTS

The Director-General shall have the primary responsibility for the security, integrity and

56. preservation of samples and for ensuring that the confidentiality of samples transferred for

Not later ~ IO days after the inspection, the inspectors shall prepare a factual, final report

62. 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 YIU,

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

paragraph 21 (i), for inclusion in the inspection manual. He shall

report shall also pro,?de i~ormation as to the manner in which the State Party inspected

(a)

Establish a sttingent regime governing the collection, handling, transport and

cooperated With the mspection team. Differing observations made by inspectors may be

attached to the report. The report shall be kept COnfidential.

.

analysis of samples;

The final ~ shall ~mmediately be submitted to the inspected State Party. Any written

(b)

Certify the laboratories designated to perfonn different types of analysis;

63. comments, which the Inspecte<\. State Party may immediately make on its findings shall be

(c)

Oversee the standardization of equipment and procedures at these designated

annexed to It. The final report together with annexed comments made by the inspected State

laboratories, mobile analytical equipment and procedures, and monitor quality

Party shall be submitted to the Director-General not later than 30 days after the inspection.

-

control and overall standards in relation to the certification of these laboratOries,

mobile equipment and procedures; and

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.

(d)

Select from among the designated laboratories those which shall perform analytical

or other functions in relation to specific investigations.

If ~e ~certainties cannot be removed or the facts established are of a nature to suggest that

65.

57. When off-site analysis is to be performed, samples shall be analysed in at least two

obligations undertaken under this Convention have not been met, the Director-General shall

inform the Executive Council without delay.

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

H.

APPLICATION OF GENERAL PROVISIONS

samples or portions thereof shall be returned to the Technical Secretariat.

The pro~isions of this Part shall apply to all inspections conducted pursuant to this

58. The Technical Secretariat shall compile the results of the laboratory analysis of samples

66. Con~entlon, except where the provisions of this Part differ from the provisions set forth for

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

specific types of inspections in Parts III to XI of this Annex, in which case the latter

provisions shall tare precedence.

equipment and methodology employed by the designated laboratOries.

59. Periods of inspection may be extended by agreement with the representative of the iitspeCleq,

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. TItis meeting shall be completed not later than 24 hours

after the completion of the inspeCtion.

-

,-

PART III

B.

STANDING ARRANGEMENTS

GENERAL PROVISIONS FOR VERIFICATION MEASURES PURSUANT

Where applicable, the Technical Secretariat shall have tile right to have continuous

10. TO ARTICLES IV, V ANDVI,PARAGRAPH3

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

A.

INITIAL INSPECTIONS AND FACILITY AGREEMENTS

and tile Organization .

.

Each declared facility subject to on-site inspection pursuant to Articles IV, V, and VI,

1. II.

The inspected State Party shall, in accordance witil agreed procedures, have the right to

paragraph 3, shall receive an initial inspection promptly after the facility is declared. The

inspect any instrument used or installed by the inspection team and to have it tested in tile

purpose of this inspection of the facility shall be to verify information provided and to obtain

presence of representatives of the inspected State Party. The inspection team shall have the

any additional information needed for plarming future verification activities at the facility,

~

right to use the instruments that were installed by the inspected State Party for its own

including on-site inspections and continuous monitoring with on-site instruments, and to

monitoring of the technological process of the <Jestruction of chemical weapons. To this end,

work on the facility agreements. ·

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

2. States Parties shall ensure that the verification of declarations and the initiation of the

presence.

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.

The inspected State Party shall provide the necessary preparation and support for tile

12. establishment of continuous monitoring instruments and systems.

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.

13;

In order to implement paragraphs 11 and 12, appropriate detailed procedures shall be

considered and approved by tile. Conference pursuant to Article VIII; paragraph 21 (i).

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

14. The inspected State Party shall immediately notify the Technical Secretariat if an event

for a chemical weapons destruction facility.to which paragraphs 5 to 7 shall apply.

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

5. In the case of a chemical weapons destruction facility that begins operations more than one

actions with the Technical Secretariat with a view to restoring the operation of the

year after this Convention enters into force for the State Party, the facility agreement shall be

mOnitoring system and establishing interim measures, if necessary, as soon as possible.

completed not less than 180 days before the facility begins operation.

15. Th.e inspection team shall verify during each inspection that the monitoring system functions

6. In the case of a chemical weapons · destruction facility that is in operation when this

correctly and that emplaced seals have not been tampered with. In addition, visits to service

Convention enters into force for the State Party, or begins operation not later than one year

the monitoring system maybe required to perform any necessary maintenance or replacement

thereafter, the facility agreement shall be completed not later than 210 days after this

of equipment, or to adjust the coverage of the monitoring system as required.

Convention enters into force for the State Party, except that the Executi ve Council may

decide that transitional verification arrangements, approved in accordance with Part IV (A),

16 . .

If the monitoring system indicates any anomaly, the Technical Secretariat shall immediately

paragraph 51, of this Annex and including a transitional facility agreement, provisions for

take action to determine whether this resulted from equipment malfunction or activities at the

verification through on-site inspection and monitoring with on-site instruments, and the

facility. If, after this examination, the problem remains unresolved, the Technical Secretariat

time-frame for application of the arrangements, are sufficient.

shall immediately ·a scertain the actual situation, including through immediate on-site

7. inspection of, or viSit to, tile facility if necessary. The Technical Secretariat shall report any

In the case of a facility, referred to in paragraph 6, that will cease operations not later thaD

such problem immediately after its detection to the inspected State Party which shall assist in

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

its resolution.

(A), paragraph 51, of this Annex and including a transitional facility agreement, provisiOns

C.

PRE-INSPECTION ACTIVITIES

for verification through on-site inspection and monitoring with on-site instruments, and the

time-frame for application of the arrangements, are sufficient.

17. The inspected State Party shall, except as specified in ·paragraph 18, be notified of

8. Facility agreements shall be based on models for such agreements and provide for detailed

inspections not less than 24 hours in advance of the planned arrival of the inspection team at

the point of entry.

.

.

.

arrangements which shall govern inspections at each facility. The model agreements shaH

include provisions to take into account future technological developments and shall be

18. The inspected State Party shall be notified of initial inspections not less than 72 hours in

considered and approved by the Conference pursuant to Article VIII, paragraph 21 (i).

advance of the estimated time of arrival of the inspection team at the point of entry.

9. The Technical Secretariat may retain at each site a sealed container for photographs, planS

and other information tilat it may wish to refer to in tile course of subsequent inspections.

,-

PART III

B.

STANDING ARRANGEMENTS

GENERAL PROVISIONS FOR VERIFICATION MEASURES PURSUANT

Where applicable, the Technical Secretariat shall have tile right to have continuous

10. TO ARTICLES IV, V ANDVI,PARAGRAPH3

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

A.

INITIAL INSPECTIONS AND FACILITY AGREEMENTS

and tile Organization .

.

Each declared facility subject to on-site inspection pursuant to Articles IV, V, and VI,

1. II.

The inspected State Party shall, in accordance witil agreed procedures, have the right to

paragraph 3, shall receive an initial inspection promptly after the facility is declared. The

inspect any instrument used or installed by the inspection team and to have it tested in tile

purpose of this inspection of the facility shall be to verify information provided and to obtain

presence of representatives of the inspected State Party. The inspection team shall have the

any additional information needed for plarming future verification activities at the facility,

~

right to use the instruments that were installed by the inspected State Party for its own

including on-site inspections and continuous monitoring with on-site instruments, and to

monitoring of the technological process of the <Jestruction of chemical weapons. To this end,

work on the facility agreements. ·

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

2. States Parties shall ensure that the verification of declarations and the initiation of the

presence.

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.

The inspected State Party shall provide the necessary preparation and support for tile

12. establishment of continuous monitoring instruments and systems.

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.

13;

In order to implement paragraphs 11 and 12, appropriate detailed procedures shall be

considered and approved by tile. Conference pursuant to Article VIII; paragraph 21 (i).

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

14. The inspected State Party shall immediately notify the Technical Secretariat if an event

for a chemical weapons destruction facility.to which paragraphs 5 to 7 shall apply.

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

5. In the case of a chemical weapons destruction facility that begins operations more than one

actions with the Technical Secretariat with a view to restoring the operation of the

year after this Convention enters into force for the State Party, the facility agreement shall be

mOnitoring system and establishing interim measures, if necessary, as soon as possible.

completed not less than 180 days before the facility begins operation.

15. Th.e inspection team shall verify during each inspection that the monitoring system functions

6. In the case of a chemical weapons · destruction facility that is in operation when this

correctly and that emplaced seals have not been tampered with. In addition, visits to service

Convention enters into force for the State Party, or begins operation not later than one year

the monitoring system maybe required to perform any necessary maintenance or replacement

thereafter, the facility agreement shall be completed not later than 210 days after this

of equipment, or to adjust the coverage of the monitoring system as required.

Convention enters into force for the State Party, except that the Executi ve Council may

decide that transitional verification arrangements, approved in accordance with Part IV (A),

16 . .

If the monitoring system indicates any anomaly, the Technical Secretariat shall immediately

paragraph 51, of this Annex and including a transitional facility agreement, provisions for

take action to determine whether this resulted from equipment malfunction or activities at the

verification through on-site inspection and monitoring with on-site instruments, and the

facility. If, after this examination, the problem remains unresolved, the Technical Secretariat

time-frame for application of the arrangements, are sufficient.

shall immediately ·a scertain the actual situation, including through immediate on-site

7. inspection of, or viSit to, tile facility if necessary. The Technical Secretariat shall report any

In the case of a facility, referred to in paragraph 6, that will cease operations not later thaD

such problem immediately after its detection to the inspected State Party which shall assist in

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

its resolution.

(A), paragraph 51, of this Annex and including a transitional facility agreement, provisiOns

C.

PRE-INSPECTION ACTIVITIES

for verification through on-site inspection and monitoring with on-site instruments, and the

time-frame for application of the arrangements, are sufficient.

17. The inspected State Party shall, except as specified in ·paragraph 18, be notified of

8. Facility agreements shall be based on models for such agreements and provide for detailed

inspections not less than 24 hours in advance of the planned arrival of the inspection team at

the point of entry.

.

.

.

arrangements which shall govern inspections at each facility. The model agreements shaH

include provisions to take into account future technological developments and shall be

18. The inspected State Party shall be notified of initial inspections not less than 72 hours in

considered and approved by the Conference pursuant to Article VIII, paragraph 21 (i).

advance of the estimated time of arrival of the inspection team at the point of entry.

9. The Technical Secretariat may retain at each site a sealed container for photographs, planS

and other information tilat it may wish to refer to in tile course of subsequent inspections.

(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 .

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 (or 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;

Design capacity for each specific type of chemical weapon;

(f)

(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; .

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

Suggested measures for international verification.

0)

$y§tematiC

verification of storage facilities

. . .

32. A State Party shall provide, for each of its chemical weapons destruction facilities, the plant

The purpose of the systematic Verification of storage facilities shall be to ensure that no

41. operations manuals, the safety and medical plans, the laboratory operations and quality

undetected removal of chemical weapons from such .facilities takes place.

. assurance and control manuals, and the environmental permits that have been obtained,

.

.

.

,

except that this shall not include material previously provided.

The systematic verification shall be initiated as soon as possible after the declaration of

42. chemical weapons is submitted and shall continue until all chemical weapons have been

33. A State Party shall promptly notify the Technical Secretariat of any developments that could

removed from the storage facility. It shall in accordance with the facility agreement,

affect inspection activities at its destruction facilities,

combine on-site inspection and mOnitoring with on-site instruments.

..

34. Deadlines. for submission of the information specified in paragraphs 30 to 32 shall be

When all chemical weapons have been removed from the storage facility, the Technical

considered and approved by the Conference pursuant to Article Vll, paragrapb 21 ,(i).

Secretariat shall confirm the 'declaration of the State P3rty to that effect. After this

confirmation, the Technical Secretariat shall terminate the systematic verification of the

.

After a review of the detailed facility information for each destruction faCility, the TechniCal

35. "

storage facility and shall promptly remove any monitoring instruments . installed by the

Secretariat, if the iIeed arises, shall enter into consultation with the State Party concerned in

inspectors.

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.

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

Annual reports on destruction

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

36. Information regarding the implementation of plans for destruction of chemical weapons shall

approved by the Conference pursuant to Article VIII, paragraph 21 (i).

be submitted to the Technical Secretariat pursuant to Article IV, paragraph 7 (b), not later

45. than 60 days after the end of each annual destruction period and shall specify the actual

The Technical Secretariat shall notify the inspected State Party of its decision to inspect or

amounts of chemical weapons which were destroyed during the previous year at each

visit the storage facility 48 hours before the planned arrival of the inspection team at the

destruction facility. If appropriate, reasons for not meeting destruction goals should be

facility for systematic inspections or visits. In cases of inspections or visits to resolve urgent

. stated.

problems, this period may be shortened. The Technical Secretariat shall specify the purpose

of the inspection or visit.

D.

VERIFICATION

46. The inspected State Party shall make any necessary preparations for the arrival of the

Verification of declarations of chemical weawns through on-site inspection

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.

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.

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

.

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.

(a)

•. The number of storage buildings and storage locations;

devices and other equipment.

For each storage building and storage location, the type and the identification number

(b)

The inspectors shall employ, as appropriate, agreed seals, markers or other inventory control

or designation,

shown

on the site diagram; and

39. .

.

procedures . to facilitate an accurate inventory

of the chemical weapons at each storage

,

. . . /

facility.

,

(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

.

As the inventory. progresses, inspectors shall install such agreed seals as may be necessary to

40. munitions, the actual quantity of chemical fill in each container.

clearly indicate if any stocks are removed, and to ensure the securing of the storage facility

48. during the inventory. After completion of the inventory, such seals will be removed unless

In carrying out an inventory, within the time available; inspectors shall have the right

otherwise agreed.

, (a) . To use any of the following inspection techniques

•

(i)

inventory all the chemical weapons stored at the facility; .

Suggested measures for international verification.

0)

$y§tematiC

verification of storage facilities

. . .

32. A State Party shall provide, for each of its chemical weapons destruction facilities, the plant

The purpose of the systematic Verification of storage facilities shall be to ensure that no

41. operations manuals, the safety and medical plans, the laboratory operations and quality

undetected removal of chemical weapons from such .facilities takes place.

. assurance and control manuals, and the environmental permits that have been obtained,

.

.

.

,

except that this shall not include material previously provided.

The systematic verification shall be initiated as soon as possible after the declaration of

42. chemical weapons is submitted and shall continue until all chemical weapons have been

33. A State Party shall promptly notify the Technical Secretariat of any developments that could

removed from the storage facility. It shall in accordance with the facility agreement,

affect inspection activities at its destruction facilities,

combine on-site inspection and mOnitoring with on-site instruments.

..

34. Deadlines. for submission of the information specified in paragraphs 30 to 32 shall be

When all chemical weapons have been removed from the storage facility, the Technical

considered and approved by the Conference pursuant to Article Vll, paragrapb 21 ,(i).

Secretariat shall confirm the 'declaration of the State P3rty to that effect. After this

confirmation, the Technical Secretariat shall terminate the systematic verification of the

.

After a review of the detailed facility information for each destruction faCility, the TechniCal

35. "

storage facility and shall promptly remove any monitoring instruments . installed by the

Secretariat, if the iIeed arises, shall enter into consultation with the State Party concerned in

inspectors.

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.

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

Annual reports on destruction

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

36. Information regarding the implementation of plans for destruction of chemical weapons shall

approved by the Conference pursuant to Article VIII, paragraph 21 (i).

be submitted to the Technical Secretariat pursuant to Article IV, paragraph 7 (b), not later

45. than 60 days after the end of each annual destruction period and shall specify the actual

The Technical Secretariat shall notify the inspected State Party of its decision to inspect or

amounts of chemical weapons which were destroyed during the previous year at each

visit the storage facility 48 hours before the planned arrival of the inspection team at the

destruction facility. If appropriate, reasons for not meeting destruction goals should be

facility for systematic inspections or visits. In cases of inspections or visits to resolve urgent

. stated.

problems, this period may be shortened. The Technical Secretariat shall specify the purpose

of the inspection or visit.

D.

VERIFICATION

46. The inspected State Party shall make any necessary preparations for the arrival of the

Verification of declarations of chemical weawns through on-site inspection

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.

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.

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

.

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.

(a)

•. The number of storage buildings and storage locations;

devices and other equipment.

For each storage building and storage location, the type and the identification number

(b)

The inspectors shall employ, as appropriate, agreed seals, markers or other inventory control

or designation,

shown

on the site diagram; and

39. .

.

procedures . to facilitate an accurate inventory

of the chemical weapons at each storage

,

. . . /

facility.

,

(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

.

As the inventory. progresses, inspectors shall install such agreed seals as may be necessary to

40. munitions, the actual quantity of chemical fill in each container.

clearly indicate if any stocks are removed, and to ensure the securing of the storage facility

48. during the inventory. After completion of the inventory, such seals will be removed unless

In carrying out an inventory, within the time available; inspectors shall have the right

otherwise agreed.

, (a) . To use any of the following inspection techniques

•

(i)

inventory all the chemical weapons stored at the facility; .

On the basis of this Convention and the detailed destruction facility information, and as the

inventory all the chemical weapons stored in specific buildings or locations

(ii)

53. case may be, on experience from previous inspections, the Technical Secretariat shall prepare

at the facility, as chosen by the inspectors; or

a draft plan for inspecting the destruction of chemical weapons at each destruction facility.

The plan shall be completed and proyided to the inspected State Party for comment not less

Inventory all the chemical weapons of one or more specific types stored at

(iii)

than 270 days before the facility begins destrUction operations pursuant to this Convention.

the facility, as chosen by the inspectors; and

Any differences between the Technical Secretariat and the inspected State Party should be

resolved through consuitations. Any umesolved matter shall be forwarded to the Executive

(b)

To check all items inventoried against agreed records.

Council for appropriate action with a view to facilitating the full implementation of this

Convention.

Inspectors shall, in accordance with facility agreements

49. The Technical Secretariat shall conduct an initial visit to each chemical weapons destruction

Have unimpeded access to all parts of the storage facilities including any munitions,

(a)

54. devices; bulk containers, or other containers therein. While conducting their activity,

facility of the inspected State Party not less than 240 days before each facility begins

inspectors shall comply with the safety regulations at the facility. The items to be

destruction operations pursuant to this Convention, to allow it to familiarize itself with the

C

facility and assess the adequacy of the inspection plan.

inspected will be chosen by the inspectors; and

In the case of an existing facility where chemical weapons destruction operations have

(b)

Have the right, during the first and any subsequent inspection of each chemical

55. weapons storage facility, to designate munitions, devices, and containers from which

alteady been initiated, the inspected State Party shall not be required to decontaminate the

samples are to be taken, and to affix -to such munitions, devices, and containers a

facility before the Technical Secretariat conductS an initial visit. The duration of the visit

unique tag that will indicate an attempt to remove or alter t..lte tag. A sample shall be

shall not exceed five days and the number of visiting personnel shall not exceed 15.

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 agreed detailed plans for verification, with an appropriate recommendation by the

56. the corresponding destruction programmes, and, in any case, not later than by the end

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

of the destruction operations.

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.

Systematic verification of the destruction of chemical weapons

This review should be completed not less than 180 days before the destruction period begins.

50. The purpose of verification of destruction of chemical weapons shall be

EaCh member of the Executive Council may consult with the Technical Secretariat on any

To confirm the identity and quantity of the chemical weapons stocks to be destroyed;

issues regarding the adequacy of the plan for verification. If there are no objections by any

(a)

member of the Executive Council, the plan shall be put into action.

and

58. (b)

To confirm that these stocks have been destroyed.

If there are any difficulties, the Executive Council shall enter into consultations with the

State Party to reconcile them. If any difficulties remain umesolved they shall be referred to

Chemical weapons destruction operations during the first 390 days after the entry into force

the Conference.

51. of this Convention shall be governed by transitional verification arrangements. Such

arrangements, including a transitional facility agreement, provisions for verification through

59. The detailed facility agreements for chemical weapons destruction facilities shall specify,

on-site inspection and mOnitoring with.· on-site instruments, and the time-frame for

taking into account the speCific characteristics of the destruction facility and its mode of

application of the arrangements, shall be agreed between the Organization and the inspected

operation

State Party. These arrangements shall be approved by the Executive Council not later thaD

60 days after this Convention enters into force for the State Party, taking into account the

(a)

Detailed on-site inspection procedures; and

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

(b)

Provisions for verification through continuous monitoring with on-site instruments

facility. The Executive Council shall, at its first session, establish the guidelines for such

and physical presence of inspectors.

transitional verification arrangements, based on recommendations to be considered and

approved by the Conference pursuant to Article. VIII, paragraph 21 (i) .. The transitional

60. Inspectors shall be granted access to each chemical weapons destruction facility not less than

verification arrangements shall be designed to verify, throughout the entire transitional

60 days before the commencement of the destruction, pursuant to this Convention, at the

period, the destruction of chemical weapons in accordance with the purposes set forth in

faCility. Such access shall be for the purpose of supervising the installation of the inspection

paragraph 50, and to avoid hampering ongoing destruction operations;

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

The provisions of paragraphs. 53 to 61 shall apply to · chemical. weapons . destruction

52. where chemical weapons destruction operations have already been initiated, destruction

operations that are to begin not earlier than 390 days after the entry into force of this

operations shall be stopped for the minimum amount of time required, not to exceed 60 days,

Convention.

for installation and testing of the inspection equipment. Depending on the results of the

On the basis of this Convention and the detailed destruction facility information, and as the

inventory all the chemical weapons stored in specific buildings or locations

(ii)

53. case may be, on experience from previous inspections, the Technical Secretariat shall prepare

at the facility, as chosen by the inspectors; or

a draft plan for inspecting the destruction of chemical weapons at each destruction facility.

The plan shall be completed and proyided to the inspected State Party for comment not less

Inventory all the chemical weapons of one or more specific types stored at

(iii)

than 270 days before the facility begins destrUction operations pursuant to this Convention.

the facility, as chosen by the inspectors; and

Any differences between the Technical Secretariat and the inspected State Party should be

resolved through consuitations. Any umesolved matter shall be forwarded to the Executive

(b)

To check all items inventoried against agreed records.

Council for appropriate action with a view to facilitating the full implementation of this

Convention.

Inspectors shall, in accordance with facility agreements

49. The Technical Secretariat shall conduct an initial visit to each chemical weapons destruction

Have unimpeded access to all parts of the storage facilities including any munitions,

(a)

54. devices; bulk containers, or other containers therein. While conducting their activity,

facility of the inspected State Party not less than 240 days before each facility begins

inspectors shall comply with the safety regulations at the facility. The items to be

destruction operations pursuant to this Convention, to allow it to familiarize itself with the

C

facility and assess the adequacy of the inspection plan.

inspected will be chosen by the inspectors; and

In the case of an existing facility where chemical weapons destruction operations have

(b)

Have the right, during the first and any subsequent inspection of each chemical

55. weapons storage facility, to designate munitions, devices, and containers from which

alteady been initiated, the inspected State Party shall not be required to decontaminate the

samples are to be taken, and to affix -to such munitions, devices, and containers a

facility before the Technical Secretariat conductS an initial visit. The duration of the visit

unique tag that will indicate an attempt to remove or alter t..lte tag. A sample shall be

shall not exceed five days and the number of visiting personnel shall not exceed 15.

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 agreed detailed plans for verification, with an appropriate recommendation by the

56. the corresponding destruction programmes, and, in any case, not later than by the end

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

of the destruction operations.

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.

Systematic verification of the destruction of chemical weapons

This review should be completed not less than 180 days before the destruction period begins.

50. The purpose of verification of destruction of chemical weapons shall be

EaCh member of the Executive Council may consult with the Technical Secretariat on any

To confirm the identity and quantity of the chemical weapons stocks to be destroyed;

issues regarding the adequacy of the plan for verification. If there are no objections by any

(a)

member of the Executive Council, the plan shall be put into action.

and

58. (b)

To confirm that these stocks have been destroyed.

If there are any difficulties, the Executive Council shall enter into consultations with the

State Party to reconcile them. If any difficulties remain umesolved they shall be referred to

Chemical weapons destruction operations during the first 390 days after the entry into force

the Conference.

51. of this Convention shall be governed by transitional verification arrangements. Such

arrangements, including a transitional facility agreement, provisions for verification through

59. The detailed facility agreements for chemical weapons destruction facilities shall specify,

on-site inspection and mOnitoring with.· on-site instruments, and the time-frame for

taking into account the speCific characteristics of the destruction facility and its mode of

application of the arrangements, shall be agreed between the Organization and the inspected

operation

State Party. These arrangements shall be approved by the Executive Council not later thaD

60 days after this Convention enters into force for the State Party, taking into account the

(a)

Detailed on-site inspection procedures; and

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

(b)

Provisions for verification through continuous monitoring with on-site instruments

facility. The Executive Council shall, at its first session, establish the guidelines for such

and physical presence of inspectors.

transitional verification arrangements, based on recommendations to be considered and

approved by the Conference pursuant to Article. VIII, paragraph 21 (i) .. The transitional

60. Inspectors shall be granted access to each chemical weapons destruction facility not less than

verification arrangements shall be designed to verify, throughout the entire transitional

60 days before the commencement of the destruction, pursuant to this Convention, at the

period, the destruction of chemical weapons in accordance with the purposes set forth in

faCility. Such access shall be for the purpose of supervising the installation of the inspection

paragraph 50, and to avoid hampering ongoing destruction operations;

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

The provisions of paragraphs. 53 to 61 shall apply to · chemical. weapons . destruction

52. where chemical weapons destruction operations have already been initiated, destruction

operations that are to begin not earlier than 390 days after the entry into force of this

operations shall be stopped for the minimum amount of time required, not to exceed 60 days,

Convention.

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

The integrity of the destruction process and of the facility as a whole.

(g)

changes to the detailed facility agreement for the facility.

.

Inspectors shall have the right to tag, for sampling, munitions, devices, or containers located

The inspected State Party shall notify, in writing, the inspection team leader at a chemical

in the temporary holding areas at the chemical weapons destruction facilities.

61. weapons destruction facility not less than four hours before the departure of each s!lipment of

chemical weapons from a chemical weapons storage facility to that destruction facility. This

To the extent that it meets inspection requirements, information from routine facility

notification shall specify the name of the storage facility, the estimated times of departure

operations, with appropriate data authentication, shall be used for inspection purposes.

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 ·

After the completion of each period of destruction, the Technical Secretariat shall confirm the

include notification of more than one Shipment. The inspection team leader shall be

declaration of the State Party, reporting the completion of destruction of the designated

promptly notified, in writing, of any changes in this information.

quantity of chemical weapons.

Inspectors shall, in accordance with facility agreements

The inspectors shall verify the arrival of the chemical weapons at the destruction facility and

Have unimpeded access to all parts of the chemical weapons destruction facilities and

(a)

62. the storing of these chemical weapons. The inspectors shall verify the inventory of each

the chemical weapons storage facilities located at such facilities, including any

shipment, using agreed procedures consistent with facility safety regulations, prior to the

munitions, devices, bulk containers, or other containers, therein. The items to be

destruction of the .chemical weapons. They shall employ, as appropriate, agreed seals,

inspected shall be chosen by the inspectors in accordance with the verification plan

markers or other inventory control procedures to facilitate an accurate inventory of the

that has been agreed to by the inspected State Party and approved by the Executive

chemical weapons prior to destruction.

Council;

As soon and as long · as chemical weapons are stored at chemical weapons storage facilities

Monitor the systematic on-site analysis of samples during the destruction process;

(b)

63. and

.

. located at chemical weapons destruction facilities, these storage facilities .shall be subject to

systematic verification in confonnity with the relevant facility agreements.

.

(c)

Receive, if necessary, samples taken at their request from any devices, bulk

-

At the end of an active destruction phase, inspectors shall make an inventory of the chemical

.64.

containers and other containers at the destruction facility or the storage facility

weapons, that have been removed from the storage facility, to be destr~y~. They shall

thereat.

verify the accuracy of the inventory of the chemical weapons rem:urung, employmg

. inventory control procedures as referred to in paragraph 62.

Systematic on-site verification measures at chemical weapons destruction facilities

..

.

.T he inspectors shall be granted access to conduct their activities at the chemical weapons

65. destruction facilities and the chemical weapons storage facilities located at such ·facilities

during the entire active phase of destruction.

At .e ach chemical weapons destruction facility, to provide assurance that . no chemical

66. 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; .

. ,

The specific type and quantity of chemical weapons being destroyed;

(c)

(d)

The process of destruction;

(e)

. The end-prOduct of destruction;

The mutilation of metal parts; and

(f)

•

testing and review, the State Party and. the Technical Secretariat may agree on additions or

The integrity of the destruction process and of the facility as a whole.

(g)

changes to the detailed facility agreement for the facility.

.

Inspectors shall have the right to tag, for sampling, munitions, devices, or containers located

67. The inspected State Party shall notify, in writing, the inspection team leader at a chemical

in the temporary holding areas at the chemical weapons destruction facilities.

61. weapons destruction facility not less than four hours before the departure of each s!lipment of

chemical weapons from a chemical weapons storage facility to that destruction facility. This

To the extent that it meets inspection requirements, information from routine facility

68. notification shall specify the name of the storage facility, the estimated times of departure

operations, with appropriate data authentication, shall be used for inspection purposes.

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 ·

After the completion of each period of destruction, the Technical Secretariat shall confirm the

69. include notification of more than one Shipment. The inspection team leader shall be

declaration of the State Party, reporting the completion of destruction of the designated

promptly notified, in writing, of any changes in this information.

quantity of chemical weapons.

70. Inspectors shall, in accordance with facility agreements

The inspectors shall verify the arrival of the chemical weapons at the destruction facility and

Have unimpeded access to all parts of the chemical weapons destruction facilities and

(a)

62. the storing of these chemical weapons. The inspectors shall verify the inventory of each

the chemical weapons storage facilities located at such facilities, including any

shipment, using agreed procedures consistent with facility safety regulations, prior to the

munitions, devices, bulk containers, or other containers, therein. The items to be

destruction of the .chemical weapons. They shall employ, as appropriate, agreed seals,

inspected shall be chosen by the inspectors in accordance with the verification plan

markers or other inventory control procedures to facilitate an accurate inventory of the

that has been agreed to by the inspected State Party and approved by the Executive

chemical weapons prior to destruction.

Council;

As soon and as long · as chemical weapons are stored at chemical weapons storage facilities

Monitor the systematic on-site analysis of samples during the destruction process;

(b)

63. and

.

. located at chemical weapons destruction facilities, these storage facilities .shall be subject to

systematic verification in confonnity with the relevant facility agreements.

.

(c)

Receive, if necessary, samples taken at their request from any devices, bulk

-

At the end of an active destruction phase, inspectors shall make an inventory of the chemical

.64.

containers and other containers at the destruction facility or the storage facility

weapons, that have been removed from the storage facility, to be destr~y~. They shall

thereat.

verify the accuracy of the inventory of the chemical weapons rem:urung, employmg

. inventory control procedures as referred to in paragraph 62.

Systematic on-site verification measures at chemical weapons destruction facilities

..

.

.T he inspectors shall be granted access to conduct their activities at the chemical weapons

65. destruction facilities and the chemical weapons storage facilities located at such ·facilities

during the entire active phase of destruction.

At .e ach chemical weapons destruction facility, to provide assurance that . no chemical

66. 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; .

. ,

The specific type and quantity of chemical weapons being destroyed;

(c)

(d)

The process of destruction;

(e)

. The end-prOduct of destruction;

The mutilation of metal parts; and

(f)

. A 129

PART V

If the Abandoning State cannot be identified or is not a State Party, . the Territorial State

16. Party, in order to ensure the destruction of these abandoned chemical weapons, may request

DESTRUCTION OF CHEMICAL WEAPONS PRODUCTION FACILITIES

the Organization and other States Parties

to provide assistance in the destruction

of these

AND ITS VERIFICATION PURSUANT TO ARTICLE V

.

.

abandoned chemical weapons.

DECLARATIONS

A.

17. Subject to paragfaphs 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

The declaration of chemical weapons production facilities by a State Party pursuant to Article

1. with the AbandOning State Party, may modify or in exceptional cases suspend the application '

Ill, paragraph 1 (c) (ii), shall coptain for each facility

of provisions on destruction, if it deterInines that doing so would not pose a risk to the object .

and purpose of this Convention, In the case of abandoned cheJ.Oical weapons which do not

(a)

The name of the facility, the names of the owners, and the names of the companies or

meet the defirution of old chemical weapons in Article II, paragraph 5 (b), the Executive

enteLprises operating the facility since 1 January 1946;

Council, upon the request of the Territorial State Party, individuaily or together with the

Abandoning State Party, may in exceptional circumstances modify the provisions on the

(b)

The precise location of the facility, including the address, location of the complex,

time-limit and the order of destruction, if it deterInines that doing so would not pose a risk to

location of the facility within the complex including the specific building and

the object and purpose of this Convention. Any request as referred to in this paragraph shalI

structure number, if any;

contain specific proPQsals for modification of the provisions and a detailed explanation of the

reasons for the proposed modification.

A statement whether it is a facility for the manufacture of chemicals that are defined

(c)

as chemical weapons or whether it is a facility for the filling of chemical weapons, or

18. States Parties may conclude between themselves agreements or arrangements concerning the

both;

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

The date when the construction of the facility was completed and the periods during

(d)

that selected provisions of such agreements or arrangements take precedence over provisions

which any modifications to the facility were made, including the installation of new

of this Section, if it deterInines that the agreement or arrangement ensures the destruction of

or modified equipment, that significantly changed the production process

the abandoned chemical weapons in accordance with paragraph 17.

characteristics of the facility;

Information on the chemicals defined as chemical weapons that were manufactured at

(e)

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 (IUP AC)

•

nomenclature, structural formula, and thi 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;

•

. A 129

PART V

If the Abandoning State cannot be identified or is not a State Party, . the Territorial State

16. Party, in order to ensure the destruction of these abandoned chemical weapons, may request

DESTRUCTION OF CHEMICAL WEAPONS PRODUCTION FACILITIES

the Organization and other States Parties

to provide assistance in the destruction

of these

AND ITS VERIFICATION PURSUANT TO ARTICLE V

.

.

abandoned chemical weapons.

DECLARATIONS

A.

17. Subject to paragfaphs 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

The declaration of chemical weapons production facilities by a State Party pursuant to Article

1. with the AbandOning State Party, may modify or in exceptional cases suspend the application '

Ill, paragraph 1 (c) (ii), shall coptain for each facility

of provisions on destruction, if it deterInines that doing so would not pose a risk to the object .

and purpose of this Convention, In the case of abandoned cheJ.Oical weapons which do not

(a)

The name of the facility, the names of the owners, and the names of the companies or

meet the defirution of old chemical weapons in Article II, paragraph 5 (b), the Executive

enteLprises operating the facility since 1 January 1946;

Council, upon the request of the Territorial State Party, individuaily or together with the

Abandoning State Party, may in exceptional circumstances modify the provisions on the

(b)

The precise location of the facility, including the address, location of the complex,

time-limit and the order of destruction, if it deterInines that doing so would not pose a risk to

location of the facility within the complex including the specific building and

the object and purpose of this Convention. Any request as referred to in this paragraph shalI

structure number, if any;

contain specific proPQsals for modification of the provisions and a detailed explanation of the

reasons for the proposed modification.

A statement whether it is a facility for the manufacture of chemicals that are defined

(c)

as chemical weapons or whether it is a facility for the filling of chemical weapons, or

18. States Parties may conclude between themselves agreements or arrangements concerning the

both;

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

The date when the construction of the facility was completed and the periods during

(d)

that selected provisions of such agreements or arrangements take precedence over provisions

which any modifications to the facility were made, including the installation of new

of this Section, if it deterInines that the agreement or arrangement ensures the destruction of

or modified equipment, that significantly changed the production process

the abandoned chemical weapons in accordance with paragraph 17.

characteristics of the facility;

Information on the chemicals defined as chemical weapons that were manufactured at

(e)

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 (IUP AC)

•

nomenclature, structural formula, and thi 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;

•

- -

.-

For a facility where chemical weapons were filled, production capacity Shall

(li)

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.

be expressed in terms of the quantity of chemical that the facility can fill into

each specific type of chemical weapon a year;

.

Chemical weapons production equipment referred to in paragraph 3 means

4. (g)

For each chemical weapons production facility that has not been destroyed, I

(a)

Specialized equipment;

description of the facility including

(b)

(i)

A site diagram;

Equipment for the production of equipment specifically designed for use directly in

connection with chemical weapons employment; and

(li)

A process flow diagram of the facility; and

(c)

Equipment designed or used exclusively for producing non-chemical parts for

chemical munitions.

An inventory of buildings at the facility, and specialized equipment at the

(iii)

facility and of any spare parts for such equipment;

The decl~ation concerning transfer and receipt of chemical weapons production equipment

5. shall specify

(h)

The present status of the facility, stating

(a)

Who received/transferred the chemical weapons production equipment;

(i)

The date when chemical weapons were last produced at the facility;

(b)

The identity of such equipment;

(li)

Whether the facility has been destroyed, including the date and manner of iU

destruction; and

(c)

The date of transfer or receipt;

Whether the facility has been used or modified before entry into force of this

(iii)

(d)

Whether the equipment was destroyed, if known; and

Convention for an activity not related to the production of chemical

. weapons, and if so, information on what modifications have been made, the

(e)

Current disposition, if known.

date such non-chemical weapons related activity began and the nature of

such activity, indicating, if applicable, the kind of product;

A specification of the measures that have been taken by the State Party for closure of,

(i)

6. ~or ~ chemical weapons production facility, a State Party shall supply the following

and a description of the measures that have been or will be taken by the State Party kI

InfOlmation

.

inactivate the facility;

(a)

Envisaged time-frame for measures to be taken; and

A description of the normal partem of activity for safety and security at the

(j)

inactivated facility; and

. (b)

Methods of destruction.

. A statement as to whether the facility will be converted for the destruction of

(k)

7,

For eac~ ~mical weapons production facility that a Stat~ Party intends to convert

chemical weapons and, if so, the dates for such conversions.

temporanly IDtO a chemical weapons destruction facility, the State Party shall supply the

following information

Declarations of chemical weapons production facilities pursuant to Article III, paragraph I (c) fiji}

(a)

Envisaged time-frame for conversion into a destruction facility;

•

The declaration of chemical weapons production facilities pursuant to Article III, paragraph 1

2. (c) (iii), shall contain all information specified in paragraph 1 above. It is the responsibililJ'

(b)

Envisaged time-frame for utilizing the facility as a chemical weapons destruction

of the State Party on whose territory the facility is or has been located to make appropriate

facility;

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

(c)

Description of the new facility;

shall state the reasons therefor.

(d)

Method of destruction of special equipment;

Declarations of past transfers and receipts

(e)

Time-frame for destruction of the converted facility after it has been utilized to

3. A State Party that has transferred or received chemical weapons production equipment sinCl

destroy chemical weapons; and

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

(f)

Method of destruction of the converted facility.

available for transfer and receipt of such equipment for the period between 1 January 194$ .

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.

Chemical weapons production equipment referred to in paragraph 3 means

4. (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.

The declaration concerning transfer and receipt of chemical weapons production equipment

shall specify

(a)

Who receivedltransferred the chemical weapons production equipment;

The identity of such equipment;

(b)

The date of transfer or receipt;

(c)

Whether the equipment was destroyed, if known; and

(d)

Current disposition, if known.

(e)

For each chemical weapons production facility, a State Party shall supply the following

6. infOimation

Envisaged time-frame for measures to be taken; and

(a)

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 fa<;ility as a chemical weapons destruction

facility;

(c)

Description of the new facility;

(d)

Method of destruction of special equipment;

Time-frame for destruction of the converted facility after it has been utilized to

(e)

destroy chemical weapons; and

Method of destruction of the convened facility.

(f)

Submission of annual plans for destruction and annual reports on destruction

Installation of blind flanges and other devices to prevent the addition of chemicals to,

(d)

or the removal of chemicals from, any specialized process equipment for synthesis,

8. The State Party shall submit an annual plan for destruction not less than 90 days before the

separation or purification of chemicals defined as a chemical weapon, any storage'

beginning of the coming destruction year. The annual plan shall specify

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

(a)

Capacity to be destroyed;

Interruption of rail, road and other access routes for heavy transport to the chemical

(e)

N arne and location of the facilities where destruction will take place;

weapons production facility except those required for agreed activities.

(b)

List of buildings and equipment that will be destroyed at each facility; and

While the chemical weapons production facility remains closed, a State Party may continue

14. (c)

safety and physical security activities at the facility.

(d)

Planned method(s) of destruction.

Technical maintenance of chemical weapons production facilities prior to their destruction

A State Party shall submit an annual report on destruction not later than: 90 days after the end

9. A State Party may carry out standard maintenance activities at chemical weapons production

of the previous destruction year. The annual report shall specify

IS.

facilities only for safety reasons, including visual inspection, preventive maintenance, and

routine repairs.

(a)

Capacity destroyed;

All planned maintenance activities shall be specified in the general and detailed plans for

16. N arne and location of each facility where destruction took place;

(b)

destruction. Maintenance activities shall not include

List of buildings and equipment that were destroyed at each facility;

(c)

•

(a)

Replacement of any process equipment;

(d)

Methods of destruction.

Modification of the characteristics of the chemical process equipment;

(b)

For a chemical weapons production facility declared pursuant to Article m, paragraph 1 (c)

10. (c)

Production of chemicals of any type> .

(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

17. All maintenance activities shall be subject to monitoring by the Technical Secretariat.

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.

Principles and methods for temporary conversion of chemical weapons production facilities

into chemical weapons destruction facilities

.

.

DESTRUCTION

B.

18. Measures pertsining to the temporary conversion of chemical weapons production facilities

General principles for destruction 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

11. Each State Party shall decide on methods to be applied for the destruction of chemical

facilities that have not been converted.

.

weapons production facilities, according to the principles laid down in Article V and in this

Part.

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

Principles and methods for closure of a chemical weWns production facility

chemical weapons production facilities.

The purpose of the closure of a chemical weapons production facility is to render it inactive.

12. 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

Agreed measures for closure shall be taken by a State Party with due regard to the specific

13. performed in such a manner as to render them inoperable as chemical weapons production

characteristics of each facility. Such measures shall include, inter alia

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

(a)

Prohibition of occupation of the specialized buildings and standard buildings of the

this Convention.

facility except for agreed activities;

20. A State Party that intends to carry out a conversion of chemical weapons production facilities

Disconnection of equipment directly related to the production of chemical weapons,

(b)

shall submit to the Technical Secretariat, not later than 30 days after this Convention enters

including, inter alia, process control equipment and utilities;

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.

Decommissioning of protective installations and equipment used exclusively for the

(c)

safety of operations of the chemical weapons production facility;

Submission of annual plans for destruction and annual reports on destruction

Installation of blind flanges and other devices to prevent the addition of chemicals to,

(d)

or the removal of chemicals from, any specialized process equipment for synthesis,

8. The State Party shall submit an annual plan for destruction not less than 90 days before the

separation or purification of chemicals defined as a chemical weapon, any storage'

beginning of the coming destruction year. The annual plan shall specify

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

(a)

Capacity to be destroyed;

Interruption of rail, road and other access routes for heavy transport to the chemical

(e)

N arne and location of the facilities where destruction will take place;

weapons production facility except those required for agreed activities.

(b)

List of buildings and equipment that will be destroyed at each facility; and

While the chemical weapons production facility remains closed, a State Party may continue

14. (c)

safety and physical security activities at the facility.

(d)

Planned method(s) of destruction.

Technical maintenance of chemical weapons production facilities prior to their destruction

A State Party shall submit an annual report on destruction not later than: 90 days after the end

9. A State Party may carry out standard maintenance activities at chemical weapons production

of the previous destruction year. The annual report shall specify

IS.

facilities only for safety reasons, including visual inspection, preventive maintenance, and

routine repairs.

(a)

Capacity destroyed;

All planned maintenance activities shall be specified in the general and detailed plans for

16. N arne and location of each facility where destruction took place;

(b)

destruction. Maintenance activities shall not include

List of buildings and equipment that were destroyed at each facility;

(c)

•

(a)

Replacement of any process equipment;

(d)

Methods of destruction.

Modification of the characteristics of the chemical process equipment;

(b)

For a chemical weapons production facility declared pursuant to Article m, paragraph 1 (c)

10. (c)

Production of chemicals of any type> .

(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

17. All maintenance activities shall be subject to monitoring by the Technical Secretariat.

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.

Principles and methods for temporary conversion of chemical weapons production facilities

into chemical weapons destruction facilities

.

.

DESTRUCTION

B.

18. Measures pertsining to the temporary conversion of chemical weapons production facilities

General principles for destruction 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

11. Each State Party shall decide on methods to be applied for the destruction of chemical

facilities that have not been converted.

.

weapons production facilities, according to the principles laid down in Article V and in this

Part.

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

Principles and methods for closure of a chemical weWns production facility

chemical weapons production facilities.

The purpose of the closure of a chemical weapons production facility is to render it inactive.

12. 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

Agreed measures for closure shall be taken by a State Party with due regard to the specific

13. performed in such a manner as to render them inoperable as chemical weapons production

characteristics of each facility. Such measures shall include, inter alia

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

(a)

Prohibition of occupation of the specialized buildings and standard buildings of the

this Convention.

facility except for agreed activities;

20. A State Party that intends to carry out a conversion of chemical weapons production facilities

Disconnection of equipment directly related to the production of chemical weapons,

(b)

shall submit to the Technical Secretariat, not later than 30 days after this Convention enters

including, inter alia, process control equipment and utilities;

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.

Decommissioning of protective installations and equipment used exclusively for the

(c)

safety of operations of the chemical weapons production facility;

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 conjunction 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.

A facility converted for the destruction of Chemical weapons shall not be more fit for

22. 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. .

Converted chemical weapons production facilities shall be destroyed not later than 10 years

23. after entry into force of this Convention.

. Any measures for the conversion of any given chemical weapons production. facility shall be

24. 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.

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;

All specialized buildings and standard buildings shall be physically destroyed.

(b)

A State Party shall destroy facilities for producing unfilled Chemical munitions and

27. 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;

All equipment designed or used exclusively for producing non-chemical parts for

(b)

. 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;

All buildings and standard equipment used for such production activities shall be

(c)

destroyed or converted for purposes not prohibited under this Convention, with

confirmation. as necessary, through consultations and inspections as proyided for

under Article IX;

(d)

Activities for purposes not prohibited under this Convention may continue while

destruction or conversion proceeds.

Q!'k! of destruction

28. The order of deslluction 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, detellnine 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, natnely, 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;

Production capacity shall be used. as the comparison factor for such facilities. It shall

(b)

be expressed in agent tonnes, taking into account the rules specified for binary

chemical weapons;

Appropriate agteed 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 destIOY a given atnount of capacity shall entail a requirement to

destroy any other chemical weapons production facility that supplied the Schedule I

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 Qf 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;

Proposed measures for verification;

(f)

(g)

Security/safety measures to be observed during the destruction of the facility; and

(h)

Working and living conditions to be provided for inspectors.

If a State Party intends to convert temporarily a chemical weapons production facility into a

34. 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;.

Provide a site diagram indicating all structures and areas that will be involved in the

(b)

destruction of chemical weapons and also identify all structures of the chemical

weapons production facility that are to be temporarily converted;

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;

Specify the seals and inspection equipment potentially affected by the conversion, if

(f)

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 .

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.

VERIFICATION

Verification of declarations of chemical weapons production facilities through on-site inspection

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.

The purposes of the initial inspection shall be

(a)

To confiIm that the production of chemical weapons has ceased and that the facility

(i)

The type, placement, and arrangements for installation; and

has been inactivated in accordance with this Convention;

.

(ii)

The maintenance of such seals and equipment; and

(b)

To peIIDitthe Technical Secretariat to familiarize itself with the measures that have

been tairen to cease production of chemical weapons at the facility;

(c)

Other agreed measures.

(c)

To permit the inspectors to install temporary seals;

so.

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

(d)

To permit the inspectors to confirm the inventory of buildings and specialized

into force for a State Party. Inspectors shall be peIIDitted to visit each chemical weapons

equipment;

production facility for the installation of such seals or equipment.

(e)

To obtain infollilation necessary for planning inspection activities at the facility,

During each calendar yeaI', the Technical Secretariat shall be permitted to conduct up to four

51. including use oftarnper-indicating seals and other agreed equipment, which shall be

inspections of each chemical weapons production facility.

installed pursuant to the detailed facility agreement for the facility; and

The Director-General shall notify the inspected State Party of his decision to inspect or visit a

52. (f)

To conduct preliminary discussions regarding a detailed agreement on inspection

chemical weapons production facility 48 hours before the planned arrival of the inspection

procedures at the facility.

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

45. Inspectors shall employ, as appropriate, agreed seals, markers . or other inventory control

the purpose of the inspection or visit.

procffinres to facilitate an accurate inventory of the declared items at each chemical weapons

production facility.

Inspectors shall, in accordance with the facility agreements, have unimpeded access to all

53. parts of the chemical weapons production facilities. The items on the declared inventory to

46. Inspectors shall install such agreed devices as may be necessary to indicate';f any resumption

be inspected shall be chosen by the inspectors.

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.

The guidelines for determining the frequency of systematic on-site inspections shall be

54. Inspectors may return to maintain and verify the integrity of the deviCes.

vrn,

considered and approved by the Conference pursuant to Article

paragraph 21 (i). The

particular production facility to be ir.spected shall be chosen by the Technical Secretariat in

47. If, on the basis of the initial inspection, the Director-GeneraI believes that additional

such a way as to preclude the prediction of precisely when the facility is to be inspected.

measures are necessary to inactivate the facility in accordance with this Convention, the

Director -GeneraI 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

55. The purpose of systematic verification of the destruction of chemical weapons production

State Party may Satisfy the request. If it does not satisfy the request, the inspected State

facilities shall be to confirm that the facility is destroyed in accordance with the obligations

Party and the Director-General shall consult to resolve the matter.

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

48. The pUIpOse of the systematic Verification of a chemical weapons production facility shall be .

confirm the declaration of the State Party to that effect. After this confirmation, the

to ensure that any resumption of production of chemical weapons or removal of declared

Technical Secretariat shall terminate the systematic verification of the chemical weapons

items will be detected at this facility.

production facility and shall promptly remove all devices and monitoring instruments

49. installed by the inspectors.

The detailed facility agreement for each chemical weapons production facility shall specify

57. After this confirmati!>n, the State Party shall make the declaration that the facility has been

(a)

Detailed on-site inspection procedures, which may include

destroyed.

(i)

Visual enminations;

(ii)

Checking and servicing of seals and other agreed devices; and

58. Not later than 90 days after receiving the initial notification of the intent to convert

(iii)

Obtaining and analysing samples;

temporarily a production facility, the inspectors shall have the right to viSit the facility to

(b)

familiarize themselves with the proposed temporary conversion and to study possible

Procedures for using tamper-indicating seals and other agreed equipment to prevent

inspection measures that wiII be required during the· conversion.

the undetected reactivation of the facility, which shall specify

(a)

To confiIm that the production of chemical weapons has ceased and that the facility

(i)

The type, placement, and arrangements for installation; and

has been inactivated in accordance with this Convention;

.

(ii)

The maintenance of such seals and equipment; and

(b)

To peIIDitthe Technical Secretariat to familiarize itself with the measures that have

been tairen to cease production of chemical weapons at the facility;

(c)

Other agreed measures.

(c)

To permit the inspectors to install temporary seals;

so.

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

(d)

To permit the inspectors to confirm the inventory of buildings and specialized

into force for a State Party. Inspectors shall be peIIDitted to visit each chemical weapons

equipment;

production facility for the installation of such seals or equipment.

(e)

To obtain infollilation necessary for planning inspection activities at the facility,

During each calendar yeaI', the Technical Secretariat shall be permitted to conduct up to four

51. including use oftarnper-indicating seals and other agreed equipment, which shall be

inspections of each chemical weapons production facility.

installed pursuant to the detailed facility agreement for the facility; and

The Director-General shall notify the inspected State Party of his decision to inspect or visit a

52. (f)

To conduct preliminary discussions regarding a detailed agreement on inspection

chemical weapons production facility 48 hours before the planned arrival of the inspection

procedures at the facility.

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

45. Inspectors shall employ, as appropriate, agreed seals, markers . or other inventory control

the purpose of the inspection or visit.

procffinres to facilitate an accurate inventory of the declared items at each chemical weapons

production facility.

Inspectors shall, in accordance with the facility agreements, have unimpeded access to all

53. parts of the chemical weapons production facilities. The items on the declared inventory to

46. Inspectors shall install such agreed devices as may be necessary to indicate';f any resumption

be inspected shall be chosen by the inspectors.

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.

The guidelines for determining the frequency of systematic on-site inspections shall be

54. Inspectors may return to maintain and verify the integrity of the deviCes.

vrn,

considered and approved by the Conference pursuant to Article

paragraph 21 (i). The

particular production facility to be ir.spected shall be chosen by the Technical Secretariat in

47. If, on the basis of the initial inspection, the Director-GeneraI believes that additional

such a way as to preclude the prediction of precisely when the facility is to be inspected.

measures are necessary to inactivate the facility in accordance with this Convention, the

Director -GeneraI 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

55. The purpose of systematic verification of the destruction of chemical weapons production

State Party may Satisfy the request. If it does not satisfy the request, the inspected State

facilities shall be to confirm that the facility is destroyed in accordance with the obligations

Party and the Director-General shall consult to resolve the matter.

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

48. The pUIpOse of the systematic Verification of a chemical weapons production facility shall be .

confirm the declaration of the State Party to that effect. After this confirmation, the

to ensure that any resumption of production of chemical weapons or removal of declared

Technical Secretariat shall terminate the systematic verification of the chemical weapons

items will be detected at this facility.

production facility and shall promptly remove all devices and monitoring instruments

49. installed by the inspectors.

The detailed facility agreement for each chemical weapons production facility shall specify

57. After this confirmati!>n, the State Party shall make the declaration that the facility has been

(a)

Detailed on-site inspection procedures, which may include

destroyed.

(i)

Visual enminations;

(ii)

Checking and servicing of seals and other agreed devices; and

58. Not later than 90 days after receiving the initial notification of the intent to convert

(iii)

Obtaining and analysing samples;

temporarily a production facility, the inspectors shall have the right to viSit the facility to

(b)

familiarize themselves with the proposed temporary conversion and to study possible

Procedures for using tamper-indicating seals and other agreed equipment to prevent

inspection measures that wiII be required during the· conversion.

the undetected reactivation of the facility, which shall specify

59. Not later than 60 days after sucha 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 t1ie 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.

CONVERSION OF CHEMICAL WEAPONS PRODUCTION FACILITIES TO

PURPOSES NOT PROlllBITED UNDER TlllS CONVENTION

64. A request to use a chemical weapons production facility for purposes not prohibited uncle!.

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 ~ 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;

If the planned activity involves production. processing. or consumption of

(ii)

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 ill 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;

The proposed schedule for conversion, if applicable; and

(vii)

(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;

A general facility conversion plan that specifies

(b)

(i)

The nature of the activity planned to be conducted at the facility;

H the planned activity involves production, processing, or consumption of

(ii)

chemicals: the name of each of the chemicals, the flow diagram of the

facility, and the quantities planned to be produced, processed, oreonsumed

annually;

(iii)

Which buildings or structures are proposed to be retained 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 proposed for use 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; and

(viii)

The nature of the activity of each other facility operating at the site; and

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 tbe measures

necessary to convert ihe 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.

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 speciaHred 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.

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.

If the request is approved, a facility agxeement 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.

Not less than 180 days . . before conversion . of a chemical weapons production facility is

pJanned 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

Procedures for verification of measures to be applied to each item on the declared

(b)

inventory.

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 diagxam of the facility before, and as appropriate, after the conversion;

declaration shall be submitted not later than 90 days after the end of that year and shall

(a)

Identification of the facility;

For each Schedule 1 chemical produced, acquired, consumed or stored at the facility,

(b)

the following information

The chemical name, structural formula and Chemical Abstracts Service

(i)

registry number, if assigned;

The methods employed and quantity produced;

(ii)

The name. and quantity of precursors listed in Schedules 1,2, or 3 used for

(iii)

production of Schedule 1 chemicals;

The quantity consumed at the facility and the purpose(s) of the consumption;

(iv)

The quantity received from or shipped to other facilities in the. State Party

(v)

For each shipment the quantity, recipient and purpose should be mcluded;

(vi)

The maximum quantity stored at any time during the year; and

(vii)

. The quantity stored at the end of the year; and

Information on any changes at the facility during the year compared to previously

(c)

submitted detailed technical descriptions of the facility including inventories 01 .

equlpment and detailed diagrams.

Each State Party producing Schedule I chemicals at a single small-scale ~acility shall ~ake a

16. 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

Identification of the facility;

(a)

For each Schedule I chemical anticipated to be produced, consumed or stored at tlX

(b)

facility, the following information

The chemical name, structural formula and Chemical Abstracts Service

(i)

registry number, if assigned; .

. n'

The quantity anticipated to be produced and the purpose of the producno ,

(ii)

and

Information on any anticipated changes at the facility during the ye~. compared to

(c)

previously submitted detailed technical descriptions of the facilIty mcludin&

inventories of equipment and detailed diagrams.

Other facilities referred to in paragraphs 10 and II

For each facility, a State Party shall provide the Technical Secretariat w( i)th the name ted' I~yau

17. and a detailed technical description of the faCIlIty or Its relevant part s as reques

declaration shall be submitted not later than 90 days after the end of that year and shall

Technical Secretariat. The facility producing Schedule I chemicals for protective purposes

include

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.

(a)

Identification of the facility;

Initial declarations on new facilities shall be provided not less than 180 days before

operations are to begin.

For each Schedule 1 chemical produced, acquired, consumed or stored at the facility,

(b)

the following information

Each State Party shall give advance notification to the Technical Secretariat of planned

18. changes related to the initial declaration. The notification shall be submitted not less than

The chemical name, structural formula and Chemical Abstracts Service

(i)

180 days before the changes are to take place.

registry number, if assigned;

Each State Party shall, for each facility, make a detailed annual declaration regarding the

19. The methods employed and quantity produced;

(ii)

activities of the facility for the previous year. The declaration shall be submitted not later

than 90 days afrer the end of that year and shall include

The name. and quantity of precursors listed in Schedules 1,2, or 3 used for

(iii)

production of Schedule 1 chemicals;

(a)

Identification of the facility;

The quantity consumed at the facility and the purpose(s) of the consumption;

(iv)

For each Schedule I chemical the following information

(b)

The quantity received from or shipped to other facilities in the. State Party

(v)

(i)

The chemical name, structural formula and Chemical Abstracts Service

For each shipment the quantity, recipient and purpose should be mcluded;

registry number, if assigned;

(vi)

The maximum quantity stored at any time during the year; and

(ii)'

The quantity produced and, in case of production for protective purposes,

methods employed;

(vii)

. The quantity stored at the end of the year; and

. The name and quantity of precursors listed in Schedules 1, 2, or 3, used for

(iii)

Information on any changes at the facility during the year compared to previously

. production of Schedule I chemicals;

(c)

submitted detailed technical descriptions of the facility including inventories 01 .

equlpment and detailed diagrams.

(iv)

The quantity consumed at the facility and the purpose of the consumption; .

Each State Party producing Schedule I chemicals at a single small-scale ~acility shall ~ake a

(v)

The quantity transferred to other facilities within the State Party. For each

16. detailed annual declaration regarding the projected activities and the antiCIpated production at

transfer the quantity, recipient and purpose should be included;

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

(vi)

The maximum quantity stored at any time during the year; and

Identification of the facility;

(vii)

The quantity stored at the end of the year; and

(a)

For each Schedule I chemical anticipated to be produced, consumed or stored at tlX

(c)

Information on any changes at L'le facility or its relevant parts during the year

(b)

facility, the following information

compared to previously submitted detailed technical description of the facility.

The chemical name, structural formula and Chemical Abstracts Service

20. Each State Party shall, for each facility, make a detailed annual declaration regarding the

(i)

registry number, if assigned; .

. 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

. n'

The quantity anticipated to be produced and the purpose of the producno ,

shall include

(ii)

and

(a)

Identification of the facility;

Information on any anticipated changes at the facility during the ye~. compared to

(c)

(b)

For each Schedule I chemical the following information

previously submitted detailed technical descriptions of the facilIty mcludin&

inventories of equipment and detailed diagrams.

(i)

. The. chemical' name, structural formula and Chemical Abstracts' Service

registry number, if assigned; and

Other facilities referred to in paragraphs 10 and II

For each facility, a State Party shall provide the Technical Secretariat w( i)th the name ted' I~yau

17. and a detailed technical description of the faCIlIty or Its relevant part s as reques

The facility shall be SUbject to systematic verification through on-site inspection and

29. (ii)

The quantity anticipated to be produced, the time periods when the

monitoring with on-site instruments.

production is anticipated to take place and the purposes of the production;

and

The number, inte~ity, durati~n. timing and mode of inspections for a particular facility shall

30. be b~ed on the nsk to the object and purpose of this Convention posed by the quantities of

Information on any anticipated changes at the facility or its relevant parts, during the

(c)

chelDlcaIs produced, the characteristics of the facility and the nature of the activities carried

year compared to previously submitted detailed technical descriptions of the facility.

out there. Appropriate guidelines shall . be considered and approved by the Conference

pursuant to Article VITI, paragraph 21 (i).

E.

VERIFICATION

31. Not later than 180 days after this Convention enters into force for a State Party, it shall

Single small-scale facility

con~lurn: facili'! agreements with the Organization~ based on a model agreement covering

detatled Inspection procedures for each facility.

The aim of verification activities at the single small-scale facility shall be to verify that the

21. quantities of SChedule I chemicals' produced are correctiy declared and, in particular, that

Each State Party planning to establish such a facility after entry into for~e of this Convention

32. their aggregate amount does not exceed I tonne.

s~lI conclude a facility agreement with the Organization before the facility begins operation

or IS used . .

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 VII[, paragraph 21 (i).

The purpose of the initial inspection shall be to verify information provided concerning the

24. facility, including verification of the limits on reaction vessels set forth in paragraph 9.

Not later than 180 days after this Convention enters into force for a State Party, it shall

25. 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 begilLl

operation or is used.

27. A model for agreements shall be considered and approved by the Conference pursuant 10

Article VIII. paragraph 21 (i).

. '

Other facilities referred to in paragraphS \0 and II

.

-

The aim of verification activities at any facility referred to in paragraphs 10 and II shall be to

28. verify that

(a)

The facility is not used to produce any Schedule I chemical. except for the declared

chemicals;

•

(b)

The quantities of Schedule I chemicals produced. processed or consumed are

correctly declared and consistent with needs for the declared purpose; and

(c)

The Schedule I chemical is not diverted or used for other purposes.

•

The facility shall be SUbject to systematic verification through on-site inspection and

29. (ii)

The quantity anticipated to be produced, the time periods when the

monitoring with on-site instruments.

production is anticipated to take place and the purposes of the production;

and

The number, inte~ity, durati~n. timing and mode of inspections for a particular facility shall

30. be b~ed on the nsk to the object and purpose of this Convention posed by the quantities of

Information on any anticipated changes at the facility or its relevant parts, during the

(c)

chelDlcaIs produced, the characteristics of the facility and the nature of the activities carried

year compared to previously submitted detailed technical descriptions of the facility.

out there. Appropriate guidelines shall . be considered and approved by the Conference

pursuant to Article VITI, paragraph 21 (i).

E.

VERIFICATION

31. Not later than 180 days after this Convention enters into force for a State Party, it shall

Single small-scale facility

con~lurn: facili'! agreements with the Organization~ based on a model agreement covering

detatled Inspection procedures for each facility.

The aim of verification activities at the single small-scale facility shall be to verify that the

21. quantities of SChedule I chemicals' produced are correctiy declared and, in particular, that

Each State Party planning to establish such a facility after entry into for~e of this Convention

32. their aggregate amount does not exceed I tonne.

s~lI conclude a facility agreement with the Organization before the facility begins operation

or IS used . .

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 VII[, paragraph 21 (i).

The purpose of the initial inspection shall be to verify information provided concerning the

24. facility, including verification of the limits on reaction vessels set forth in paragraph 9.

Not later than 180 days after this Convention enters into force for a State Party, it shall

25. 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 begilLl

operation or is used.

27. A model for agreements shall be considered and approved by the Conference pursuant 10

Article VIII. paragraph 21 (i).

. '

Other facilities referred to in paragraphS \0 and II

.

-

The aim of verification activities at any facility referred to in paragraphs 10 and II shall be to

28. verify that

(a)

The facility is not used to produce any Schedule I chemical. except for the declared

chemicals;

•

(b)

The quantities of Schedule I chemicals produced. processed or consumed are

correctly declared and consistent with needs for the declared purpose; and

(c)

The Schedule I chemical is not diverted or used for other purposes.

•

PART VII

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

vm, paragraph 21 (i).

ACTIVITIES NOT PROmBITED UNDER TmS CONVENTION

IN ACCORDANCE WITH ARTICLE VI

Declarations of a plant site pursuant to paragraph 3 shall include

6. REGIME FOR SCHEDULE 2 CHEMICALS AND FACILITIES

RELATED TO SUCH CHEMICALS

The name of the plant site and the name of the owner, company, or enterprise

(a)

operating it;

A.

DECLARATIONS

•

(b)

Its precise location including the address; and

Declarations of aggregate national data

(c)

The number of plants within the plant site which are declared pursuant to Part VIII of

this Annex.

The initial and annual declarations to be provided by each State Party pursuant to Article VI,

1. paragraphs 7 and 8, shall include aggregate national data for the I?revious calendar year on the

Declarations of a plant site pursuant to paragraph 3 shall also include, for each plant which is

7. quantities produced, processed, consumed, imported and exported of each Schedule 2

located within the plant site and which falls under the specifications set forth in paragraph 3,

chemical, as well as a quantitative Specification of import and export for each country

the following information

involved.

(a)

The name of the plant and the name of the owner, company, or enterprise operating

Each State Party shall submit

2. -it;

Initial declarations pursuant to paragraph I not later than 30 days after this

(a)

(b)

Convention enters into force for it; and, starting in the following calendar year,

Its precise location within the plant site including the specific building or structure

number, if any;

(b)

Annual declarations not later than 90 days after the end of the previous calendar year.

(c)

Its main activities;

Declarations of plant sites producing. processing or consuming Schedule 2 chemicals

(d)

Whether the plant

Initial and annual declarations are required for all plant sites that comprise one or more

3. (i)

plant( s) which produced, processed or consumed during any of the previous three calendar

Produces, processes, or consumes the declared Schedule 2 chemical(s);

years or is anticipated to produce, process or consume in the next calendar year more than

(ii)

Is dedicated to such activities or multi-purpose; and

(a)

1 kg of a chemical designated "*" in Schedule 2, part A;

(iii)

Performs other activities with regard to the declared Schedule 2 chemical(s),

including a specification of that other activity (e.g. storage); and

1 00 kg of any other chemical listed in Schedule 2, part A; or

(b)

(e)

The production capacity of the plant for each declared Schedule 2 chemical.

1 tonne of a chemical listed in Schedule 2, part B.

(c)

8.

4. Declarations of a plant site pursuant to paragraph 3' shall also include the following

Each State Party shall submit

information on each Schedule 2 chemical above the declaration threshold

Initial declarations pursuant to paragraph 3 not later than 30 days after this

(a)

(a)

Convention enters into force for it; and, starting in the following calendar year;

The chemical name, common or trade name used by the facility, structural formula,

and Chemical Abstracts Service registry number, if assigned;

Annual declarations on past activities not later than 90 days after the end of the

(b)

(b)

In the case of the initial declaration: the total amount produced, processed,

previous calendar year;

consumed, imported and exported by the plant site in each' of the three previous

Annual declarations on anticipated activities not later than 60 days before the

calendar years;

(c)

beginning of the following calendar year. Any such activity additionally planned

(c)

In the case of the annual declaration on past activities: the total amount produced,

after the annual declaration has been submitted shall be declared not later than five

processed, consumed, imported and exported by the plant site in the previous

days before this activity begins.

calendar year;

Declarations pursuant to paragraph 3 are generally not required for mixtures containing a loW

5. (d)

In the case of the annual declaration on anticipated activities: the total amount

concentration of a Schedule 2 chemical. They are on! y required, in accordance with

anticipated to be produced, processed or consumed by the plant site in the following

guidelines, in cases where the ease of recovery from the mixture of the Schedule 2 chemical

PART VII

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

vm, paragraph 21 (i).

ACTIVITIES NOT PROmBITED UNDER TmS CONVENTION

IN ACCORDANCE WITH ARTICLE VI

Declarations of a plant site pursuant to paragraph 3 shall include

6. REGIME FOR SCHEDULE 2 CHEMICALS AND FACILITIES

RELATED TO SUCH CHEMICALS

The name of the plant site and the name of the owner, company, or enterprise

(a)

operating it;

A.

DECLARATIONS

•

(b)

Its precise location including the address; and

Declarations of aggregate national data

(c)

The number of plants within the plant site which are declared pursuant to Part VIII of

this Annex.

The initial and annual declarations to be provided by each State Party pursuant to Article VI,

1. paragraphs 7 and 8, shall include aggregate national data for the I?revious calendar year on the

Declarations of a plant site pursuant to paragraph 3 shall also include, for each plant which is

7. quantities produced, processed, consumed, imported and exported of each Schedule 2

located within the plant site and which falls under the specifications set forth in paragraph 3,

chemical, as well as a quantitative Specification of import and export for each country

the following information

involved.

(a)

The name of the plant and the name of the owner, company, or enterprise operating

Each State Party shall submit

2. -it;

Initial declarations pursuant to paragraph I not later than 30 days after this

(a)

(b)

Convention enters into force for it; and, starting in the following calendar year,

Its precise location within the plant site including the specific building or structure

number, if any;

(b)

Annual declarations not later than 90 days after the end of the previous calendar year.

(c)

Its main activities;

Declarations of plant sites producing. processing or consuming Schedule 2 chemicals

(d)

Whether the plant

Initial and annual declarations are required for all plant sites that comprise one or more

3. (i)

plant( s) which produced, processed or consumed during any of the previous three calendar

Produces, processes, or consumes the declared Schedule 2 chemical(s);

years or is anticipated to produce, process or consume in the next calendar year more than

(ii)

Is dedicated to such activities or multi-purpose; and

(a)

1 kg of a chemical designated "*" in Schedule 2, part A;

(iii)

Performs other activities with regard to the declared Schedule 2 chemical(s),

including a specification of that other activity (e.g. storage); and

1 00 kg of any other chemical listed in Schedule 2, part A; or

(b)

(e)

The production capacity of the plant for each declared Schedule 2 chemical.

1 tonne of a chemical listed in Schedule 2, part B.

(c)

8.

4. Declarations of a plant site pursuant to paragraph 3' shall also include the following

Each State Party shall submit

information on each Schedule 2 chemical above the declaration threshold

Initial declarations pursuant to paragraph 3 not later than 30 days after this

(a)

(a)

Convention enters into force for it; and, starting in the following calendar year;

The chemical name, common or trade name used by the facility, structural formula,

and Chemical Abstracts Service registry number, if assigned;

Annual declarations on past activities not later than 90 days after the end of the

(b)

(b)

In the case of the initial declaration: the total amount produced, processed,

previous calendar year;

consumed, imported and exported by the plant site in each' of the three previous

Annual declarations on anticipated activities not later than 60 days before the

calendar years;

(c)

beginning of the following calendar year. Any such activity additionally planned

(c)

In the case of the annual declaration on past activities: the total amount produced,

after the annual declaration has been submitted shall be declared not later than five

processed, consumed, imported and exported by the plant site in the previous

days before this activity begins.

calendar year;

Declarations pursuant to paragraph 3 are generally not required for mixtures containing a loW

5. (d)

In the case of the annual declaration on anticipated activities: the total amount

concentration of a Schedule 2 chemical. They are on! y required, in accordance with

anticipated to be produced, processed or consumed by the plant site in the following

guidelines, in cases where the ease of recovery from the mixture of the Schedule 2 chemical

calendar ~ear, including' the anticipated time periods for production, processing

consumption; and

or

(e)

The purposes for which the chemical was or will be produced, processed

consumed

or

(i)

Processing and consumption on site with a specification of the product types;

(ii)

~~e ?r. transfer within the territory or to any other place under the

JunsdiCtion or control of the State Party, with a specification whether I

other industry, trader or other destination and, if possible, of final produ~

types;

,

.. ,

'

.

Direct export, with a specification of the States involved; or

(iii)

(iv)

Other, including a specification of these other purposes.

Declarations on past production of Schedule 2 chemicals for chemical weapons pumoses

9. Each State Party ~hall, not l~t~ than 30 days after this Convention enters into force for i~

declare all plant SItes compnsmg 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 infonnation 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 fonnula, 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 Stales Parties

11. A list of plant sites declared under this Section together with the infonnation provided under

paragr~phs 6, 7 (~), 7 (c), 7 (d) (i), 7 (d) (iii), 8 (a) and 10 shall be transmitted by the

Technical Secretariat to States Parties upon request.

'

calendar ~ear, including' the anticipated time periods for production, processing

consumption; and

or

VERIFICATION

B.

(e)

The purposes for which the chemical was or will be produced, processed

General

consumed

or

Verification provided for in Article VI, paragraph 4, shall be carried out through on-site

(i)

inspection at those of the declared plant sites that comprise one or more plants which

Processing and consumption on site with a specification of the product types;

produced, processed or consumed during any of the previous three calendar years or are

(ii)

~~e ?r. transfer within the territory or to any other place under the

anticipated to produce, process or consume in the next calendar year more than

JunsdiCtion or control of the State Party, with a specification whether I

other industry, trader or other destination and, if possible, of final produ~

(a)

10 kg of a chemical designated "*" in Schedule 2, part A;

types;

,

.. ,

'

.

(b)

1 tonne of any other chemical listed in Schedule 2, part A; or

Direct export, with a specification of the States involved; or

(iii)

(c)

10 tonnes of a chemical listed in Schedule 2, part B.

(iv)

Other, including a specification of these other purposes.

The programme and budget of the Organization to be adopted by the Conference pursuant to

13. Article vm, paragraph 21 (a) shall contain, as a separate item, a programme and budget for

Declarations on past production of Schedule 2 chemicals for chemical weapons pumoses

verification under this Section. In the allocation of resources made available for verification

9. Each State Party ~hall, not l~t~ than 30 days after this Convention enters into force for i~

under Article VI, the Technical Secretariat shall, during the first three years after the entry

declare all plant SItes compnsmg plants that produced at any time since 1 January 1946 a

into force of this Convention, give priority to the initial inspections of plant sites declared

Schedule 2 chemical for chemical weapons purposeS.

under Section A. The allocation shall thereafter be reviewed on the basis of the experience

gained.

10. Declarations of a plant site pursuant to paragraph 9 shall include

14. ,The Technical Secretariat shall conduct initial inspections and subsequent inspections in

(a)

accordance with paragraphs 15 to 22.

The name of the plant . site and the name of the owner, company, or enterprise

operating it;

Inspection aims

(b)

Its precise location including the address;

- ---

The general aim of inspections shalL!:>e to verify that activities are in accordance ~1I1.

15. (c)

For each plant which is located within the plant site, and which falls under the

obligations under this Convention and consistent with the infonnation to be provided in

specifications set forth in paragraph 9, the same infonnation as required under

declarations. Particular aims of inspections at plant sites declared under Section A shall

paragraph 7, subparagraphs (a) to (e); and

.

include verification of: '

(d)

For each Schedule 2 chemical produced for chemical weapons purposes

The absence of any Schedule 1 chemical, especially its production, except if in

(a)

accordance with Part VI of this Annex;

(i)

The chemical name, common or trade name used by the plant site for

chemical weapons production purposes, structural fonnula, and Chemical

Consistency with declarations of levels of production, processing or consumption of

(b)

Abstracts Service registry number, if assigned;

,

Schedule 2 chemicals; and

(ii)

The dates when the chemical was produced and the quantity produced; and

(c)

Non-diversion of Schedule 2 chemicals for activities prohibited under this

Convention.

(iii)

The location to which the chemical was delivered and the final product

,

produced there, if known.

.

.

Initial inspections

Information to Stales Parties

16. Each plant site to be inspected pursuant to paragraph 12 shall receive an initial inspection as

soon as possible but preferably not late!: than three years after entry into force of this

11. A list of plant sites declared under this Section together with the infonnation provided under

Convention. Plant sites declared after this period shall receive, an initial inspection not later

paragr~phs 6, 7 (~), 7 (c), 7 (d) (i), 7 (d) (iii), 8 (a) and 10 shall be transmitted by the

than one year after production, processing or consumption is first declared. Selection of

Technical Secretariat to States Parties upon request.

'

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.

(a)

That they wjU only be used for purposes not prohibited under this Convention' ,

PART VIII

That they will not be re-transferred;

(b)

ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION

IN ACCORDANCE WITH ARTICLE VI

Their types and quantities;

(c)

REGIME FOR SCHEDULE 3 CHEMICALS AND FACILITIES

Their end-use(s); and

(d)

RELATED TO SUCH CHEMICALS

The name(s) and address(es) of the end-user(s).

(e)

DECLARATIONS

A.

•

I.

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.

Z.

Each State Party shall submit

(a)

Initial declarations pursuant to paragraph I 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.

Dejilarations 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;

AnnJal declarations on past activities not later than 90 days after the end of the

(b)

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 activitybegins.

s.

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)

That they wjU only be used for purposes not prohibited under this Convention' ,

PART VIII

That they will not be re-transferred;

(b)

ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION

IN ACCORDANCE WITH ARTICLE VI

Their types and quantities;

(c)

REGIME FOR SCHEDULE 3 CHEMICALS AND FACILITIES

Their end-use(s); and

(d)

RELATED TO SUCH CHEMICALS

The name(s) and address(es) of the end-user(s).

(e)

DECLARATIONS

A.

•

I.

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.

Z.

Each State Party shall submit

(a)

Initial declarations pursuant to paragraph I 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.

Dejilarations 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;

AnnJal declarations on past activities not later than 90 days after the end of the

(b)

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 activitybegins.

s.

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

The n~~ of the plant site and ·the name of the owner, company or enterp'

(a)

operating It;

,

nse

(b)

Its precise location inclUding the address; and

~e number of plants within the plant site which are declared pursuant to Part vu

(c)

this Annex.

Of

7. Declarati~ns. of a plant si~e pursuant. to paragraph 3 shall also include, for each plant which is

loca!ed WI?U~ the plant site and which falls under the specifications set forth in paragraph 3

the follOWIng Information

'

~e name of the plant and the name of the owner, company, or enterprise operating

(a)

d,

.

(b)

Its precis.e location within the plant site, including the specific building or structure

number, If any;

(c)

Its main activities.

Declara~ons of a plant site pursu~t to paragraph 3 shall also include the following

Information on each Schedule 3 chenucal above the declaration threshold

The che~cal name, common or trade name used by the facility, structural formul~

(a)

and Chenucal Abstracts Service registry number, if assigned;

Th~ approximate amo~nt of production of the chemical in the previous calendar year,

(b)

or, In case of d~larations on anticipated activities, anticipated for the next calendlr '

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 .

The purposes for which the chemical was or will !xi produced.

(c)

Declarations on past production of Schedule 3 chemicals for chemical weapons JlUIllOses

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 chenucal for chemical weapons purposes.

10. Declarations of a plant site pursuantto paragraph9 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;

For ~ch . plant which is located within the plant site, and which falls under tht

(c)

speclficatIons set forth in paragraph 9, the same information as required undd

paragraph 7, subparagraphs (a) to (c); and

.

(d)

For each SChedule 3 chemical produced for chemical weapons purposes

The n~~ of the plant site and ·the name of the owner, company or ente

(a)

operating It;

,

(b)

Its precise location inclUding the address; and

~e number of plants within the plant site which are declared pursuant to Part v

(c)

this Annex.

7. Declarati~ns. of a plant si~e pursuant. to paragraph 3 shall also include, for each plant whi

loca!ed WI?U~ the plant site and which falls under the specifications set forth in paragrap

the follOWIng Information

~e name of the plant and the name of the owner, company, or enterprise opera

(a)

d,

(b)

Its precis.e location within the plant site, including the specific building or struc

number, If any;

(c)

Its main activities.

Declara~ons of a plant site pursu~t to paragraph 3 shall also include the follow

Information on each Schedule 3 chenucal above the declaration threshold

The che~cal name, common or trade name used by the facility, structural form

(a)

and Chenucal Abstracts Service registry number, if assigned;

Th~ approximate amo~nt of production of the chemical in the previous calendar

(b)

or, In case of d~larations on anticipated activities, anticipated for the next cale

year, expressed In the ranges: 30 to 200 tonnes, 200 to 1,000 tonnes, 1,000 to 10

tonnes, 10,000 to 100,000 tonnes, and above 100,000 tonnes; and .

The purposes for which the chemical was or will !xi produced.

(c)

Declarations on past production of Schedule 3 chemicals for chemical weapons JlUIllOses

9. Each State Party shall, not later than 30 days after this Convention enters into force fo

declare all plant .sites comprising plants that produced at any time sInce 1 January 19

Schedule 3 chenucal for chemical weapons purposes.

10. Declarations of a plant site pursuantto paragraph9 shall include

(a)

The name of the plant site and the name of the owner company, or enterp

operating it;

,

(b)

Its precise location inclUding the address;

For ~ch . plant which is located within the plant site, and which falls under

(c)

speclficatIons set forth in paragraph 9, the same information as required u

paragraph 7, subparagraphs (a) to (c); and

.

(d)

For each SChedule 3 chemical produced for chemical weapons purposes

aim of inspections shall be the verification of the absence of any Schedule I chemica! ,

especially its production, except if in accordance with PanVI of this Annex.

Inspection procedures

In addition ' to agreed guidelines, other relevant provisions of this Annex and the

18. 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 declareij

with Pan II, paragraph 51, of this Annex ,

plant site. If the inspection team, in accordance

.

requests access to other parIS 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

Areas where feed cheriticals (reactants) are deli.vered or stored;

(a)

Areas where manipulative processes are perfonned upon the reactants prior to

(b)

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;

Control equipment associated with any of the items under subparagraphs (a) to (e);

(f)

(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

A State Party shall be notified by the Technical Secretariat of the inspection not less than 120

25. hours before the arrival.ofthe inspection team at the plant site to be inspected.

TRANSFERS TO STATES NOT PARTY TO TIDS CONVENTION

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 shaH 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)

1beir end-use(s); and

(e)

The name(s) and addressees) of the end-user(s).

17. Bve 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

Assista!!ce by the Technical Secretariat.

-

.

ACTIVITIES NOT PROIDBITED UNDER TIDS CONVENTION

If a State Party, for administrative reasons, deems it necessary to ask for assistance in

IN ACCORDANCE WITH ARTICLE VI

compiling its list of chemical production facilities pursuant to paragraph I, it may request the

Technical Secretariat to provide such assistance. Questions as to the completeness of the list

REGIME FOR OTHER CHEMICAL PRODUCTION FACILITIES

shall then be resolved through consultations between the State Party and the Technical

Secretariat.

A.

DECLARATIONS .

IrifOrll!ation to States Parties

-

List of other chemical production facilities

The lists of other chemical production facilities submitted pursuant to paragraph 1, including

8.

1. The initial declaration to be provided by each State Party pursuant to Article VI, paragraph 7,

the information provided under paragraph 4, shall be transmitted by the Technical Secretariat

shall include a list of all plant sites that

to States Parties upon request.

(a)

Produced by synthesis during the previous calendar year more than 200 tonnes of .

VERIFICATION

B.

unscheduled discrete organic chemicals; or

Geoeral

(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

Subject to the provisions of Section C, verification as provided for in Article VI, paragraph 6,

containing the elements phosphorus, sulfur or fluorine (herein3i'ter referred to as

shall be carried out through on-site inspection at

"PSF-plants" and "PSF-chemical").

(a)

Plant sites listed pursuant to paragraph 1 (a); and

2. The list of other chemical production facilities to be submitted pursuant to paragraph I shall

Plant sites listed pursuant to paragraph "1 (b) that comprise one or more PSF-plants

not include plant sites that exclusively produced explosives or hydrocarbons .

(b)

•

which produced during the previous calendar year more than 200 lonnes of a

3. Each State Party shall submit its list of other chemical production facilities pursuant to

PSF-chemical.

paragraph 1 as part of its initial declaration not later than 30 days after this Convention enter!

into force for it. Each State Party shall, not later than 90 days after the beginning of each

The programme and budget of the Organization to be adopted by the Conference pursuant to

10. following calendar year, provide annually the information necessary to update the list.

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.

4. The list of other chemical production facilities to be submitted pursuant to paragraph 1 shall

n.

Under this Section, the Technical Secretariat shall randomly select plant sites for inspection

include the following information on each plant site

through appropriate mechanisms, such as the use of specially designed computer software, on

the basis of the following weighting factors

(a)

The name of the plant site and the name of the owner, company, or enterprise

operating it;

(a)

Equitable geographical distribution of inspections;

.

(b)

The precise location of the plant site including its address;

The information on the listed Dlant

sites available to the Technical Secretariat, related

(b)

•

to the characteristics of the plant site and the activities carried out there; and

Its main activities; and

(c)

(c)

Proposals by States Parties on a basis to be agreed upon in accordance with

The approximate number of plants producing the chemicals specified in paragraph I

(d)

paragraph 25.

in the plant site.

12. No plant site shall receive more than two inspections per year under the provisions of this

5. With regard to plant sites listed pursuant to paragraph I (a), the list shall also include

Section. This, however, shall not limit inspections pursuant to Article IX.

information on ihe approximate aggregate amount of production of the unscheduled discrete

organic chemicals in the previous calendar year expressed in the ranges: under 1,000 tonnes,

13. In selecting plant sites for inspection under this Section, the Technical Secretariat shall

1,000 to 10,000 tonnes and above 10,000 tonnes.

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

6. With regard to plant sites listed pursuant to paragraph I (b), the list shall also specify the

number of inspections shall not exceed three plus 5 per cent of the total number of plant sites

number of PSF-plants within the plant site and include information on the approximate

declared by a State Party under both this Part and Pan VIII of this Annex, or 20 inspections,

aggregate amount of production of PSF-chemicals produced by each PSF-plant in the

Whichever of these two figures is lower.

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.

PART IX

Assista!!ce by the Technical Secretariat.

-

.

ACTIVITIES NOT PROIDBITED UNDER TIDS CONVENTION

If a State Party, for administrative reasons, deems it necessary to ask for assistance in

IN ACCORDANCE WITH ARTICLE VI

compiling its list of chemical production facilities pursuant to paragraph I, it may request the

Technical Secretariat to provide such assistance. Questions as to the completeness of the list

REGIME FOR OTHER CHEMICAL PRODUCTION FACILITIES

shall then be resolved through consultations between the State Party and the Technical

Secretariat.

A.

DECLARATIONS .

IrifOrll!ation to States Parties

-

List of other chemical production facilities

The lists of other chemical production facilities submitted pursuant to paragraph 1, including

8.

1. The initial declaration to be provided by each State Party pursuant to Article VI, paragraph 7,

the information provided under paragraph 4, shall be transmitted by the Technical Secretariat

shall include a list of all plant sites that

to States Parties upon request.

(a)

Produced by synthesis during the previous calendar year more than 200 tonnes of .

VERIFICATION

B.

unscheduled discrete organic chemicals; or

Geoeral

(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

Subject to the provisions of Section C, verification as provided for in Article VI, paragraph 6,

containing the elements phosphorus, sulfur or fluorine (herein3i'ter referred to as

shall be carried out through on-site inspection at

"PSF-plants" and "PSF-chemical").

(a)

Plant sites listed pursuant to paragraph 1 (a); and

2. The list of other chemical production facilities to be submitted pursuant to paragraph I shall

Plant sites listed pursuant to paragraph "1 (b) that comprise one or more PSF-plants

not include plant sites that exclusively produced explosives or hydrocarbons .

(b)

•

which produced during the previous calendar year more than 200 lonnes of a

3. Each State Party shall submit its list of other chemical production facilities pursuant to

PSF-chemical.

paragraph 1 as part of its initial declaration not later than 30 days after this Convention enter!

into force for it. Each State Party shall, not later than 90 days after the beginning of each

The programme and budget of the Organization to be adopted by the Conference pursuant to

10. following calendar year, provide annually the information necessary to update the list.

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.

4. The list of other chemical production facilities to be submitted pursuant to paragraph 1 shall

n.

Under this Section, the Technical Secretariat shall randomly select plant sites for inspection

include the following information on each plant site

through appropriate mechanisms, such as the use of specially designed computer software, on

the basis of the following weighting factors

(a)

The name of the plant site and the name of the owner, company, or enterprise

operating it;

(a)

Equitable geographical distribution of inspections;

.

(b)

The precise location of the plant site including its address;

The information on the listed Dlant

sites available to the Technical Secretariat, related

(b)

•

to the characteristics of the plant site and the activities carried out there; and

Its main activities; and

(c)

(c)

Proposals by States Parties on a basis to be agreed upon in accordance with

The approximate number of plants producing the chemicals specified in paragraph I

(d)

paragraph 25.

in the plant site.

12. No plant site shall receive more than two inspections per year under the provisions of this

5. With regard to plant sites listed pursuant to paragraph I (a), the list shall also include

Section. This, however, shall not limit inspections pursuant to Article IX.

information on ihe approximate aggregate amount of production of the unscheduled discrete

organic chemicals in the previous calendar year expressed in the ranges: under 1,000 tonnes,

13. In selecting plant sites for inspection under this Section, the Technical Secretariat shall

1,000 to 10,000 tonnes and above 10,000 tonnes.

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

6. With regard to plant sites listed pursuant to paragraph I (b), the list shall also specify the

number of inspections shall not exceed three plus 5 per cent of the total number of plant sites

number of PSF-plants within the plant site and include information on the approximate

declared by a State Party under both this Part and Pan VIII of this Annex, or 20 inspections,

aggregate amount of production of PSF-chemicals produced by each PSF-plant in the

Whichever of these two figures is lower.

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.

its re lar session in the third year after entry into force of this Convention. the

Inspection aims

~~nferen:: on the basis of a report of the Director-General. may a1S~ decide o?, :~

24. At plant sites listed under Section A. the general aim of inspections shall be to verify that

di tribution of resources available for verification under Section' B between PSF-plants .

14. o~er chemical production facilities. Otherwise. this distribution s~all be left to the expernse

activities are consistent with the information to be provided in declarations. ,The partiCUlar

of the Technical Secretariat and be added to the weighting factors 10 paragraph 11.

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.

re ular session in the third year after entry into force of. this ~onvention. the

,

~~:r~en~. upon advice of the Executive Council. shall decide on which b~IS (e.g. regIOnal)

25. Inspection procedures

posals by States Parties for inspections should be presented to be taken mto account as a

:~ighting factor in the selection process specified in paragraph 11.

15. In addition to agreed guidelines. other relevant provisions of this Annex and the

,

c:onfidentiality Annex. paragraphs 16 to 20 below shall apply.

Review

•

16. ,

There shall be no facility agreement. unless requested by the inspected State Party.

ym.

'26'.

At the first special session of the Conference convened pursuant to Article

PlarahgraPfh

,

V 'fi au' Annex shall be re-exanuned m the Ig t 0 a

17. The focus of inspection at a plant site selected for inspection shall be the plant(s) prodUCing

22 the provisions of this Part of the en c on

.

'

(Arti I

co~prehensive review of the overall verification regime for.the chenu~ l~~S~nfere~~

,the chemicals specified in paragraph I. in particular the PSF-plants listed pursuant to

VI Parts VII to IX of this Annex) on the basiS of the expenence gam .

.'

paragraph I (b). The inspected State Party shall have the right to manage access to these

sh~1 then make recommendations so as to improve the effectiveness of the venfication

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,

regime.

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.

Sampling and on-site analysis may be undertaken to check for the absence of undeclared

19. -

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.

,

The period of inspection shall not last more than 24 hOurs; however, extensions may be

20. 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 yeN

after entry into force of this Convention, decides otherwise. '

The Director-General shall, for the regular session of the Conference in the third year after

23. entry into force of this Convention, prepare a report which outlines the expenence 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.

Inspection aims

At plant sites listed under Section A. the general aim of inspections shall be to verify that

14. 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

c:onfidentiality Annex. paragraphs 16 to 20 below shall apply.

•

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 I. in particular the PSF-plants listed pursuant to

paragraph I (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.

Sampling and on-site analysis may be undertaken to check for the absence of undeclared

19. 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.

,

The period of inspection shall not last more than 24 hOurs; however, extensions may be

20. 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.

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 yeN

after entry into force of this Convention, decides otherwise. '

The Director-General shall, for the regular session of the Conference in the third year after

23. entry into force of this Convention, prepare a report which outlines the expenence 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.

PART X

CHALLENGE INSPECTIONS PURSUANT TO ARTICLE IX

.

DESIGNATION

AND

SELECTION

OF

INSPECTORS

AND

INSPECTION

ASSISTANTS

Challenge inspections pursuant to Anic\e IX sball 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 Anicle 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. takiilg 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 p~ures provided

for under Part II. Section A. of this Annex.

2. The Director-General shall detennine 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.

PRE-INSPECTION ACTIVITIES

3. Before submitting the inspection request for a challenge inspection. the State Party may seek

conf1llJlation 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 cOnfinnation

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

The State Party to be inspt'cted and. if applicable. the Host State;

(a)

(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 hasis of which the concern has arisen; and

,

PART X

The name of the observer of the requesting State Party.

(e)

CHALLENGE INSPECTIONS PURSUANT TO ARTICLE IX

The requesting State Party may submit any additional information it deems necessary.

A.

DESIGNATION

AND

SELECTION

OF

INSPECTORS

AND

INSPECTION

The Director-General shall within one hour acknowledge to the requesting State Party receipt

5. ASSISTANTS

of its request.

I.

Challenge inspections pursuant to Article IX shall only be performed by inspectors and

The requesting State Party shall notify the Director-General of the location of the inspection

6. inspection assistants especially designated for this function. In order to designate inspectors

site in due time for the Director-General to be able to provide this information to the

and inspection assistants for challenge inspections pursuant to Article IX, the

inspected State Party not less than 12 hours before the planned arrival of the inspection team

Director-General shall, by selecting inspectors and inspection assistants from among the

at the point of entry.

inspectors and inspection assistants for routine inspection activities, establish a list of

proposed inspectors and inspection assistants. It shall comprise a sufficiently large number

The inspection site shaIl be designated by the requesting State Party as specifically as

7. of inspectors and inspection asSistants having the necessary qualification, experience, skill

possible by providing a site diagram related to a reference point with geographic coordinates,

and trainlng, to allow for flexibility in the selection of the inspectors, taking into account

specified to the nearest second if possible. If possible, the requesting State Party shall also

th:eir availability, and the need for rotation. Due regard shall be paid also to the importance

provide a map with a general indication of the inspection site and a diagram specifying as

of selecting inspectors and inspection assistants on as wide a geographical basis as possible.

precisely as possible the requested perimeter of the site to be inspected.

The designation of inspectors and inspection assistants shall follow the procedures provided

for under Part II, Section A, of this Annex.

.'

The requested perimeter shall

8.

2. The Director-General shall determine the size of the inspection team and select its members

Run at least a 10 metre distance outside any buildings or other structures;

(a)

taking into account the circumstances of a particular request. "The size of the inspection team

shall be kept to a minlmum necessary for the proper fulfilment of the inspection mandate. No

Not cut through existing security enclosures; and

(b)

national of the requesting State Party or the inspected State Party shall be a member of the

inspection team.

Run at least a 10 metre distance outside any existing security enclosures that the

(c)

requesting State Party intends to include within the requested perimeter.

B.

PRE-INSPECTION ACTIVITIES

If the requested perimeter does not conform with the specifications of paragraph 8. it shall be

9.

3. Before submitting the inspection request for a challenge inspection, the State Party may seek

redrawn by the inspection team so as to conform with that provision.

confinnation from the Director-General that the Technlcal Secretariat is in a poSition to take

immediate action on the request. If the Director-General cannot provide such confinnatioD

The Director-General shall. not less than 12 hours before the planned arrival of the inspection

10,

immediately, he shall do so at the earliest opportunlty, in keeping with the order of requests

team at the point of entry. inform the Executive Council about the location of the inspection

for confinnation. He shall also keep the State Party informed of when it is likely that

site as specified in paragraph 7.

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

11. Contemporaneously with informing the Executive Council according to paragraph 10. the

appropriate action to improve the Situation in the future.

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

Notification

include the information specified in Part II. paragraph 32. of tltis Annex.

4.

12. The inspection request for a challenge inspection to be submitted to the Executive Council

Upon arrival of the inspection team at the point of entry. the inspected State Party shall be

and the Director -General shall contain at least the following information

informed by the inspection team of the inspection mandate.

(a)

The State Party to be inspected and. if applicable. the Host State;

Entry into the territory of the inspected State Party or the Host State

(b)

13. The point of entry to be used;

The Director-General shall. in accordance with Article IX. paragraphs 13 to IS. dispatch an

inspection , team as soon as possible ,after an inspection request has been received. The

(c)

The size and type of the inspection site;

inspection team shall arrive at the point of entry specified in the request in the minlmum time

possible. consistent with the provisions of paragraphs 10 and 11.

(d)

The concern regarding possible non-compliance with this Convention including a

14. specification of tile relevant provisions of this Convention about which the concern

If the requested perimeter is acceptable to the inspected State Party. it shall be designated as

has arisen. and of the nature and circumstances of the possible non-compliance as

the final perimeter as early as possible. but in no case later than 24 hours after the arrival of

well as all appropriate information on the hasis of which the concern has arisen; and

the inspection team at the point of entry. The inspected State Party shall transport the

inspection tearn to the final perimeter of the inspection site. If the inspet1ed 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 larer than 36 hours after the arrival of the

inspection team at the point of entry.

For all declared facilities, the procedures in subparagraphs (a) and (b) shall apply . . (for the

15. purposes of this Pan, "declared facility" means all facilities declared pursuant to Articles In ,

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 perime.ter shall be considered the final perimeter, The fin~ .

perimeter may, however, if agreed by.the inspected State Party, be m'ade smaller in

order to conform with the perimeter requested by the requesting State Party.

"

The inspected State Party shall transport the inspection team to the final perimeter as

(b)

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. AI 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 nonnally 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 al. .least two of the following means

(a)

An alternative perimeter that does not extend to an area significantly greater than that

of the requested perimet.er

(b)

All alternative . perimeter that 1S a ShOlt, unifann distance from the requested

perimeter

At least part of the requested perimeter is visible from the alternative perimeter.

(c)

If the alternative perimeter is acceptable to the inspection team, it shall become the fin~

perimeter and the inspection team shall · be transported from the point of entry to that

perimeter. If the inspected State ParT.y 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 c;L~e, bc completed not later than 36 hOurs

after the arrival of the inspection team at the point of entry .

If a final perimeter is not agreed, the perimeter negotiations shall be concluded as early as

possible, bUI 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 prop'.)sing 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 tearn with prompt

access to the alternative perimeter to facilitate negotiations and agreement on the final

perimeter and access within the final perimeter.

If no agreement is reached within 72 hours alter the arrival of the inspection team at the

21. location, the alternative perimeter shall be designated the final perimeter.

Verification oflocation

To help establish that the inspection site to which the inspection tearn ha~ 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 locallandrnarks 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, thc

inspected State Party shail 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 tearn 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 tearn.

25. . Upon the inspection team's arrival at the alternative perimeter or final perimeter, whichever

occurs first, securing the site, which mea."1S exit mOnitoring procedures by the inspection

tearn, 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 tearn of

exits and exit traffic. The inspection tearn 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 tearn

and the inspected State Party may include, inter alia

(al

Use of sensors;

•

Random selective access;

(b)

(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 brieting 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 teanl 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

Upon the inspection team's arrival at the final or alternative perimeter, whichever occurs first,

35. 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

Conduct any additional activities which may be agreed between the inspection team

(c)

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.

CONDUCT OF INSPECTIONS

Gen~ral rules

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 conceiu 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.

Upon arrival at the final perimeter of facilities declared pursuant to Articles IV, V and VI,

43. 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 sllall not exceed three

hours. For facilities declared pursuant to Article III, paragraph I (d), negotiations shall be

conducted and managed access commenced not later than 12 hours after arrival at the final

perimeter.

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

nus may be accomplished by means of, inter alia, the partial removal of a shroud or

as are related to the possible non-compliance with this Convention by the inspected State

so.

environmental protection cover, at the discretion of the inspected State Party, by means of a

Party, but shall neither seek nor document information which is clearly not related thereto ,

visual inspection of the interior of an enclosed space from its entrance, or by other methods.

unless the inspected State Party expressly requests it to do so. Any mated.al collected and

subsequently found not to be relevant shall not be retained.

In the case of facilities declared pursuant to Articles IV, V and VI, the following shall apply

51.

45. The inspection team shall be guided by the principle of condu< . .-ting the challenge inspection

(a)

For facilities with facility agreements, llCr.esS and activities within the final perimeter

in the least intrusive manner possible, cOIL~istent with the effective and timely

shall be unimpeded within the boundaries established by the agreements;

accomplishment of its mission. Wherever possible, it shall begin with the least intrusive

procedures it d~.ems acceptable and proceed to more intrusive procedures only as it deems

For faCilities without facility agreements, negotiation of access and activities shall be

necessary.

(b)

governed by the applicable general inspection guidelines established under this

Managed access

Convention;

46. The inspection ream shall take into consideration suggested modifications of the inspection

(c)

Access beyond that granted for inspections under Articles IV, V and VI shall be

plan and proposals which may be made by the inspected State Party, at whatever stage of the

managed in accordance with procedures of this section.

inspection including the pre-inspection briefing, to ensure that sensitive equipment,

infornlation or areas, not related to chemical weapons, are protected . .

In the case of facilities declared pursuant to Article III,paragraph I (d), the following shall

apply: if the inspected State Party, using procedures of paragraphs 47 and 48, has not

47. The inspected State Party shall designate the perimeter entry/exit points to be used for access.

granted full access to areas or structures not related to chemical weapons, it shall make every

The inspection team and the inspected State Party shall negotiate: the extent of access to any

reasonable effort to demonstrate to the inspection team that such areas or structures are not

particular place or places within tlle final and request('.d perimeters as provided in paragraph

used for purposes related to the possible non-compliance concerns raised in the inspection

48; the particular inspection activities, including sampling, to be conducted by the inspe.."tion

request.

. team; the performance of particular activities by the inspected State Party; and theprovisiori

. of particular information by the inspected State Party.

.observer

48. In confonnity with the relevant provisions in the Confidentiality Annex the inspected State

In accordance with the provisions of Article IX, paragraph , 12, on the participation of an

S1 .

Party shall have tlle right to take measures to protect sensitive installations and prevent

observer in the challenge inspection, the requesting State Party shall liaise with the Technical

disclosure of conlklential information and data not related to chemical weapons. Such

Secretariat to coordinate the arrival of the observer. at the same point of entry as the

measw'es may include, inter alia

inspection team within a reasonable period of the inspection team's arrival. . . .

Removal of sensiti ve papers from office spaces;

(a)

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

Shrouding of sensitive displays, stores, alld equipment;

(b)

" '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 . .

. Shrouding of sensitive pieces of equipment, such as computer or electrOniC systems;

. (c)

.55.

The observer shall have the right to arrive at the alternative or final. perimeter of the

Logging off of computer system., and turning off of data indicating devices;

(d)

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

Restriction of ' sample analysis to presence or absence of chemicals listed in

(e)

make recommendations to the inspection team, which the team shall take into account to the

Schedules 1,2 and 3 or appropriate degradation products;

extent it deems appropriate. Throughout the inspection, the inspection team shall keep the

observer informed about the conduct of the inspection and tlle findings.

Using random selective access techniques whereby the inspectors are requested to

(I)

Throughout the in-country period, the in~pec.ted State Party shall provide or arrange for the

select a given percentage or number of buildings of their choice to inspect; the same

56. prinCiple can apply to the interior and content of sensitive buildings ;

amenities necessary for the observer ·such as communication means, interpretation services,

tranSportation, working space, lodging, meals and medical care. All the costs in connection

In exceptional cases, giving only individual inspectors access to certain parts of the

(g)

with the stay of the observer on the territory of the inspected State Party or the Host State

inspection site.

shall be borne by the requesting State Pariy.

49. TIle inspected State Pany shall make every reasonable effort to demonstrate to the inspection

Duration of inspection

team that any object. building. strucrure, container or vehicle to which the inspection teaIll

57 .

has not had fuli access. or which has been protected in accordance wiril paragraph 48. is not

The period of inspection shall not exceed 84 hours, unless extended by agreement with the

used. for purposes related to the possible non-compliance concems raised in the inspection

Inspected State Party.

request.

nus may be accomplished by means of, inter alia, the partial removal of a shroud or

as are related to the possible non-compliance with this Convention by the inspected State

so.

environmental protection cover, at the discretion of the inspected State Party, by means of a

Party, but shall neither seek nor document information which is clearly not related thereto ,

visual inspection of the interior of an enclosed space from its entrance, or by other methods.

unless the inspected State Party expressly requests it to do so. Any mated.al collected and

subsequently found not to be relevant shall not be retained.

In the case of facilities declared pursuant to Articles IV, V and VI, the following shall apply

51.

45. The inspection team shall be guided by the principle of condu< . .-ting the challenge inspection

(a)

For facilities with facility agreements, llCr.esS and activities within the final perimeter

in the least intrusive manner possible, cOIL~istent with the effective and timely

shall be unimpeded within the boundaries established by the agreements;

accomplishment of its mission. Wherever possible, it shall begin with the least intrusive

procedures it d~.ems acceptable and proceed to more intrusive procedures only as it deems

For faCilities without facility agreements, negotiation of access and activities shall be

necessary.

(b)

governed by the applicable general inspection guidelines established under this

Managed access

Convention;

46. The inspection ream shall take into consideration suggested modifications of the inspection

(c)

Access beyond that granted for inspections under Articles IV, V and VI shall be

plan and proposals which may be made by the inspected State Party, at whatever stage of the

managed in accordance with procedures of this section.

inspection including the pre-inspection briefing, to ensure that sensitive equipment,

infornlation or areas, not related to chemical weapons, are protected . .

In the case of facilities declared pursuant to Article III,paragraph I (d), the following shall

apply: if the inspected State Party, using procedures of paragraphs 47 and 48, has not

47. The inspected State Party shall designate the perimeter entry/exit points to be used for access.

granted full access to areas or structures not related to chemical weapons, it shall make every

The inspection team and the inspected State Party shall negotiate: the extent of access to any

reasonable effort to demonstrate to the inspection team that such areas or structures are not

particular place or places within tlle final and request('.d perimeters as provided in paragraph

used for purposes related to the possible non-compliance concerns raised in the inspection

48; the particular inspection activities, including sampling, to be conducted by the inspe.."tion

request.

. team; the performance of particular activities by the inspected State Party; and theprovisiori

. of particular information by the inspected State Party.

.observer

48. In confonnity with the relevant provisions in the Confidentiality Annex the inspected State

In accordance with the provisions of Article IX, paragraph , 12, on the participation of an

S1 .

Party shall have tlle right to take measures to protect sensitive installations and prevent

observer in the challenge inspection, the requesting State Party shall liaise with the Technical

disclosure of conlklential information and data not related to chemical weapons. Such

Secretariat to coordinate the arrival of the observer. at the same point of entry as the

measw'es may include, inter alia

inspection team within a reasonable period of the inspection team's arrival. . . .

Removal of sensiti ve papers from office spaces;

(a)

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

Shrouding of sensitive displays, stores, alld equipment;

(b)

" '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 . .

. Shrouding of sensitive pieces of equipment, such as computer or electrOniC systems;

. (c)

.55.

The observer shall have the right to arrive at the alternative or final. perimeter of the

Logging off of computer system., and turning off of data indicating devices;

(d)

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

Restriction of ' sample analysis to presence or absence of chemicals listed in

(e)

make recommendations to the inspection team, which the team shall take into account to the

Schedules 1,2 and 3 or appropriate degradation products;

extent it deems appropriate. Throughout the inspection, the inspection team shall keep the

observer informed about the conduct of the inspection and tlle findings.

Using random selective access techniques whereby the inspectors are requested to

(I)

Throughout the in-country period, the in~pec.ted State Party shall provide or arrange for the

select a given percentage or number of buildings of their choice to inspect; the same

56. prinCiple can apply to the interior and content of sensitive buildings ;

amenities necessary for the observer ·such as communication means, interpretation services,

tranSportation, working space, lodging, meals and medical care. All the costs in connection

In exceptional cases, giving only individual inspectors access to certain parts of the

(g)

with the stay of the observer on the territory of the inspected State Party or the Host State

inspection site.

shall be borne by the requesting State Pariy.

49. TIle inspected State Pany shall make every reasonable effort to demonstrate to the inspection

Duration of inspection

team that any object. building. strucrure, container or vehicle to which the inspection teaIll

57 .

has not had fuli access. or which has been protected in accordance wiril paragraph 48. is not

The period of inspection shall not exceed 84 hours, unless extended by agreement with the

used. for purposes related to the possible non-compliance concems raised in the inspection

Inspected State Party.

request.

PART XI

D.

POST-INSPECTION ACTIVITIES

INVESTIGATIONS IN CASES OF ALLEGED USE OF CHEMICAL WEAPONS

Departure

GENERAL

58. Upon completion of the post-i~pection procedures at the inspection site; the inspection teaJil

and the observer of the. requesting ~tate Party shall proceed promptly to a point of entry and

Investigations of alleged use of chemical weapons, or of alleged use of riot control agents as

shall then leave the temtory of the Inspected State Party in the minimum time possible.

1. 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 . ..

Reports

2. The following additional provisions address specific procedures required in cases of alleged

The inspection report shall summarize in a general way the activitieS conducted by the

59. use of chemical weapons.

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

B.

PRE-INSPECTION ACTIVITIES

challenge inspection, and shall be limited to information directly related to this Conventioa

It shall also include an assessment by the inspection team of the degree and nature of access

Request for an investigation

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 possiole

3. The request for an investigation of an alleged use of chemical weapons to be submitted to the

non-compliance with this Convention cited in the request for the challenge inspection shall

Director-General, to the extent possible, should include the following information

be submitted as an Appendix to the final report and be retained within the Technical

•

Secretariat under appropriate safeguards to protect sensitive information.

The State Party on whose tetritory use of chemical weapons is alleged to have taken

(a)

place;

The inspection team shall, not later than 72 hours after its return to its primary work locatio~

60. submit a preliminary inspection report, having taken into account, inter alia, paragraph 17 Of

The point of entry or other suggested safe routes of access;

(b)

the Confidentiality Annex, to the Director-General. The Director-General shall prompQy

transmit the preliminary inspection report to the requesting State Party, the inspected Stare

Location and characteristics of the areas where chemical weapons are alleged to have

(c)

Party and to the Executive CounCil.

been used;

61. A draft final inspection report shall be made available to the inspected State Party not Iat/l

When chemical weapons are alleged to have been used;

(d)

than 20 days after t.iJ.e completion of the challenge inspection. The inspected State Party has

the right to identify any information and data not related to chemical weapons which shoul~

Types of chemical weapons believed to have been used;

(e)

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

Extent of alleged use;

(f)

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

Characteristics of the possible toxic chemicals;

(g)

completion of the challenge inspection to the Director-General for further distribution and

consideration in accordance with Article IX, paragraphs 21 to ?5.

Effects on humans, animals and vegetation;

(h)

•

(i)

Request for specific assistance, if applicable.

4. The State Party which has requested an investigation may submit at any time any additional

information itdeems 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 tetritory 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.

PART XI

INVESTIGATIONS IN CASES OF ALLEGED USE OF CHEMICAL WEAPONS

,

,

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. '

'

PRE-INSPECTION ACTIVITIES

,

Request for an investigation

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;

The point of entry or other suggested saf~ routes of access;

(b)

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;

,

.'-

Extent of alleged use;

(g)

Characteristics of the possible toxic chemicals;

Effects on humans, animals and vegetation;

(h)

(i)

Request for specific assistance, if applicable.

The State Party which has requested an investigation may submit at any time any additional

4. information it 'deems necessary.

.

,

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.

'

If applicable, the Director-General shall , notify the State Parly on whose territory an

investigation has bien requested. The Director-General ,shall also notify other States Parties

if access to their territories might be required during the investigation.

' , ' ,

The Director-General shall prepare a list of , qualified experts whose particular field ~

7. expertise could be required in an investigation of alleged use of chemical weapons alii

constantly keep this list updated. This list shall be communicated, in writing, to each S~

party not later than 30 days after entry into force, of this Convention and after each change.,

the-list , Ally qualified expert included in this list shall be regarded as designated unIeas ~

State Party, not later than 30 days after its receipt of the list, declares its non-acceptance.~

writing. .

The Director-General shall select the leader and members of an inspection team from .~

inspectors and inspection assistants already designated for challenge inspections taking iilo

account the 'circumstances and specific nature of a particular request. In addition, meml\iu'

of the inspection team may be selected from the list of qualified experts when, in the view ri

the Director-General, expertise not available among inspectors already designated is reqtiiro1 '

for the proper conduct of a particular investigation.

When briefing the , inspection ' team, the Director-General shall include any addition.(

infonnation provided by the requesting State Party, or any other sources, to ensure that ,Ilie

inspection can be carried out in the most effective and expedient manner.

Pispatch of inspection team

10. Immediately upon the receipt 'of a request for an investigation of alleged use of chelDi~

weapons the Director-General shall, through contacts with the relevant States Parties, reqi!eI

and confinn arrangements for the safe reception of the team, ,

,

The Director-General shall dispatch the team at the earliest opportunity, taking into accoui

11. the safety of the team. '

,

If the inspection team has "no! been dispatched within 24 hours from the receipt of !iii

12. request, the Director-General shall infonn the Executive Council and the States Pam!!

concerned about the reasons for the delay.

"

Briefings

,

The inspection team shall have the right to be ' briefed by representatives of the inspectlil

13. State Party upon arrival and at any time during the inspection.

Before the commencement of the inspection the inspection team shall prepare an inspeCti~

14. 'plan 'to serve, intel"alia, as a basis for logistic and safety arrangements. The inspection pili

shall be updated as need arises.

'

CONDUCT OF INSPECTIONS

•

15. The inspection team shall have the right of access to any and all areas which could \IIi-

, affected ' by the alleged use of cIiemical weapons. It shall also have the right of access ,to.

'hoSpitals, refu&ee camps and other locations'it deems relevant to the effective investigation

the alleged use of chemical weapons, For such access, the inspection team shall consult VIlil'

the inspected State Party.

7. . The ~irector-General shall prepare a list of qUalified . experts whose particular fi

expertise could ~ rc:'luired in an investigation of alleged use of chemicalweapo eld Of

The inspection team shall have the right to collect samples of types, and in quantities it

16. constantly keep this list updated. ThiS.list shall be communicated, in writing, to ea:s lfll

considerS necessary. If the inspection team deems it necessary, and if so requested by it; the

P~ not later ~ 30 days aft~ entry Into force of this Convention and after each chan .~

inspected State Party shall assist in the collection of samples under the. supervision of

the list. . Any qualified expert Included in this list shall be regarded as designated Un! g .t1.

inspectors or inspection assistants. The inspected State Party Shal~ also ~nrut and .cooperate

s~~ Party, not later than 30 days after its receipt of the list, declares its non-accePtan~.a

in the collection of appropriate control samples from areas nelghbounngthe Sl!e of the

wnting. ·

.

.

~~

.

arleged use and from other areas as requested by the inspection team. .

-

,.

8. ~e Director-General shall select the leader and members of an inspection team fr

Samples of importance in the investigation of alleged use include toxic chemicals, munitions

17. InspectOrs an~ inspection assistants already designated for challenge inspections taki~.;~

and devices, remnants of munitions and devices, environmental samples (air, soil, vegetation,

g lillo,

account the 'CIrcumstances and specific nature of a particular req

· uest. In additi

water, snow, etc.) and biomedicalsainples from human or animal sources (blood, urine,

f th·

.

on, meml:leu

o ~ Inspection team may be selected. from the list of qualified experts when, in the view Ii

excreta. tissue etc.).

.

the DIrector-General, expertise not avaIlable among inspectors already designated is req ·' '

for the proper conduct of a particular investigation.

WIld •

If duplicate samples cannot be taken and the analysis is perfonned at off-site laboratories, any

18. remaining sample shall, if so requested, be returned to the inspected State Party after the

9. .

~en b~eting ~e inspection , t~,the Director-General shall include any additiOllij

completion of the analysis. ·

~nfonn~tion Provided. by the .requesting State Party, or any other sources, to ensure tI!at .1lJe

InspeCtion can be carned out In the most effective and expedient manner.

•

Extension of inspection site

DiSllatch of inspection team

If the inspection team during an inspection deems it necessary to extend the investigation into

19. a neighbouring State Patty, the Director-General shall notify that State Party abou~ the need

10. Immediately u~nthe receipt of a request for an investigation of alleged use of chemn:M

for access to its territory and request and confirm arrangements for the safe reception of the

weapons the DIrector-General shall, through contacts with the relevant States Parties requea

team.

and confirm arrangements for the safe reception of the team. .

.

,

..

~nsion of inspection duration

II.

The Director-General shall dispatch the team at the earliest opportunity, taking into accowt

.

the safety of the team.

. .. '

.

.

.

.

20. If the inspection team deems that silfe access to a specific area relevant to the investigation is

not poSSible, the requeSting Stilte Party shall be informed immediately. If necessary, the

12. If the inspecti~n team has not been dispatched within 24 hours from the receipt of ~

period of inspection shall be extended until safe ,access can be provided and the inspection

request, the Director-General shall infonn the Executive Council and the States Parties

team will have concluded its mission.

concerned about the reasons for the delay.

.

Interviews

Briefings

21. The inspection team shall have the right to interview and examine persons who may have

13. The inspection t~ shall have th~ right to be briefed by representatives of the inspectlif

been affected by the alleged use of chemical weapons. It shall also have the right to

State Party upon amval and at any tlme during the inspection.

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

14. . Before the co~me,n~ment of th~ inspection the inspection team shall prepare an inspectiOll

affected by the alleged use of chemical weapons. The inspection team shall have access to

plan to serve, Inter alia. as a basiS for logistic and safety arrangements. The inspection pili

medical histories, if available, and be pennitted to participate in autopsies, as appropriate, of

shall be updated as need arises.

. .

persons who may have been affected by the alleged use of chemical weapons.

c.

CONDUCT OF INSPECTIONS

D.

REPORTS

Access

•

15. The inspection team shall have the right of access to any and all areas which could It .

22. The inspection team shall, not later than 24 hours after its arrival on the territory of the

affec~ed by the alleged use of chemical weapons. It shall also have the right of access:,tlI;

inspected State Party, send a situation report to the Director-General. It shall further

hospitals, refugee camp~ and other locations it deems relevant to the effective investigation 0/

throughout the investigation send progress reports as necessary.

the ~Ieged use of cheffilcal weapons. For such access, the inspection team shall consult willi

the Inspected State Party.

23. The inspection team shall, not later than 72 hours after its retunI 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

A 181 '

ANNEX ON THE PROTECTION OF CONFIDENTIAL INFORMATION

Director-General shall promptly transmit the preliminary and final reports to the Executive

("CONFIDENTIALITY ANNEX")

Council and to all States Parties.

. CON'IENTS

Contents

24. The situation report shall indicate any urgent need for assistance and any other relevant

infOrtnation. The progress reports shall indicate any further need for assistance that might be

GENERALPRINClPLES FOR TIIE HANDLING OF CONFIDENTIAL

identified during the course of the investigation.

.

INFORMATION

25. The final report shall summarize the factual findings of the inspection, particularly with

EMPLOYMENT AND CONDUCT OF PERSONNEL IN TIIE TECHNICAL

regard to the alleged use cited in the request. In addition, a report of an investigation of an,

SEcRETARIAT

.

.

alleged use shall include a .description of the investigation process, tracinK its various stages •.

with special reference to

SURES TO PROTECT SENSITIVE INSTALLATIONS AND PREVENT

c,

MEACLOSURE OF CONFIDENTIAL DATA IN TIIE COURSE OF ON-SfIE

(a)

The locations and time of sampling and on-site analyses; and

.

D~

'VERIFICATION ACIlVlTlliS

(b)

Supporting evidence, such as the records of interviews, the results of medical

DURES IN CASE OF BREACHES OR ALLEGED BREACHES OF

examinations and scientific analyseS, and the documents examined by the inspection

PR OCE

.

D.

team.

CONFIDENTIALITY

If the inspection team collects through, inter alia identification of any impurities or other

26. 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 w~pons used, that

information shall be included in the report.

•

E.

STATES NOT PARTY TO TillS CONVENTION

27. In the case of alleged use of chemical weapons involving a State not party to this Convention

Qr in tetritory 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")

CON'IENTS

GENERAL PRINCIPLES FOR TIm HANDLING OF CONFIDENTIAL

INFORMATION

EMPLOYMENT AND CONDUCT OF PERSONNEL IN TIm TECHNICAL

SECRETARIAT

MEASURES TO PROTECT SENSITIVE INSTALLATIONS AND PREVENT

DISCLOSURE OF CONfiDENTIAL DATA IN TIm COURSE OF ON-SHE

'VERIFICATION ACllVII"IES

PROCEDURES IN CASE OF BREACHES OR AIJ,EGED BREACHES OF

CONFIDENTIALITY

•

•

•

•

•

..

A.

GENERAL PRINCIPLES ' FOR

THE

HANDLING , OF

CONFIDEN11At

Any information may be released with the express consent of the State Party

(ii)

INFORMATION

'

to which the information refers;

both

~~ obligati.o~ to prot~ confidential information shall pertain to the verification of

1. Information classified as confidential shall be released by the Organization

(iii)

clVl.l and UIlhtaty actiVities and facilities. Pursuant to the general obligations set forth· ,

only through procedures which ensure that the release of information only

~

Article vm, the Organization shall

occurs in strict conformity with the needs of this Convention. Such

procedures shall be, considered and approved by the Conference pursuant to

Require only the ~nimum ~ount of information and data n~sary for the time!

(a)

Article VIII, paragraph 21 (i);

and effiCient carrymg out of Its responsibilities under this Convention' ,

'

Y

The level of sensitivity of confidential data or documents shall be established. based

Take ~e necessary. measures to en~ure that inspectors and other staff members of the

(b)

(d)

on criteria to be applied uniformly in order to ensure their appropriate handlmg and

protection. For this purpose, a classification system shall ~ introdu~, which .by

!echn!cal Secretariat meet the highest standards of efficiency, competence • .:,;

mtegpty;

, ....

taking account of relevant work undertaken in the preparation of ~s Convention

shall provide for clear criteria ensuring the inclusion of information IntO. appropnate

categories of confidentiality and the justified durability of the confidential na~e of

Develop agreements and regulations to implement the provisions of this Conventj -

(c)

and shall specify as precisely as possible the information to which the Organizati OIl

information. While providing for the necessary flexibility in its implementauon the

shall be given access by a State Party.

'

,

on

classification system shall protect the rights of States Parties providing confidential

information. A classification system shall be considered and approved by the

The Dir~to~-Gener~ shall hav~ the primary responsibility for ensuring the protection of

2. Conference pursuant to Article YIn, paragraph 21 (i);

confiden~allnformation. . ~e Dlrect~r-General shall establish a stringent regime governing .

the handlmg of cO~dential Information by the Technical Secretariat, and in doing so, shall

Confidential information shall be stored securely at the premises of the Organization.

(e)

observe the followmg guidelines

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

Information shall be considered confidential if

(a)

documents required only for the inspection of a specific facility may be kept under

lock and key at this facility;

I t ' IS. so designated by the State Party from which the information was

(i)

obtamed and to which the information refers; or

To the greatest extent consistent with the effective implementation of the verification

provisiOns of this Convention, information shall be handled. and stored b~ the

(f)

In the judgement of the Director-General, its unauthorized disclosure could

(ii)

Technical Secretariat in a form that precludes direct identificatiOn of the facility to

reasonably be expected to cause damage to the State Party to which it refer!

which it pertainS;

or to the mechanisms for implementation of this Convention;

•

The amount of confidential information removed from a facility shall be kept to the

(g)

All data and documents obtained by the Technical Secretariat shall be evaluated by

(b)

minimum necessary for the timely and effective implementation of the verification

the appropnate urut of the Technical Secretariat in order to establish whether they

provisiOns of this Convention; and

contam confidential information. Data required by States Parties to be assured of the

continued compliance with this Convention by other States Parties shall be routinely

Access to confidential information shall be regulated in accordance with its

(h)

provided to them. Such data shall encompass

classification. The dissemination of confidential information within the Organization

shall be strictly on a need-to-know basis.

The initial and annual reports and declarations provided by States Parties

(i)

under Articles III, IV, V and VI, in accordance with the provisions set forth

The Director-General shall report annually to the Conference on the implementation of the

~,

"

in the Verification Annex;

regime governing the handling of confidential information by the Technical Secretariat.

"

General reports on the results and effectiveness of verification activities; and

(ii)

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

Information to be supplied to all States Parties in accordance with the

(iii)

State Party shall provide details on the handling of information provided to it by the

provisions of this Convention;

Organization,

No i~ormation. obtained by the Organization in connection with the implementatiOn'

(c)

of this Convention shall be published or otherwise released, except, as follows

Gen~al infonnation on the implementation of this Convention may be

(i)

compiled and released publicly in accordance with the decisions of~'

Conference or the Executive Council' ,

(ll)

Any information may be released with the express consent of the State Party

to which the information refers;

(iii)

InfOImation 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

vm.

Article

paragrapb 21 (i);

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 wOIk 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;

To the greatest extent consistent with the effective implementation of the verification

(f)

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;

.

The amount of confidential information removed from a facility shall be kept to the

(g)

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.

The Director-General shall repon annually to the Conference on the implementation of the

regime governing the handling of confidential information by the Technical Secretariat.

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.

EMPLOYMENTANl) CONDUCT OF PERSONNEL IN THE TECHNIC"

Inspection teams shall strictly abide by the provisions set forth in the relevant Articles and

SECRETARIAT .

. .

....

15. AnJiexes governing the conduct of inspections. They shall fully respect the procedures

designed to protect sensitive installations and to prevent the disClosure of COnfidential data.

ConditiO~ o~ staff e~ployment ~l be such. as to. ensure that access to and handling ((

5. c~nfidential Information shall be In confomuty With the procedures

established by the

In the elaboration 'o f arrangements and facility agreements, due regard shall be paid to the

DIrector-General in accordance with Section A .

16. requirement of protecting confidential information. Agreements on inspection procedures for

individual facilities shall also include specific and detailed arrangements with regard to the

6. Each position in the Technical Secretariat shall be governed by a formal position descriptl

determination of those areas of the facility to which inspectors are granted access, the storage

that specifies the scope of access to confidential information, if any, needed in that poSition.OQ

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

7. The Director-Ge.ner~, the ins~tors ~d the other members of the staff shall not disclOse

continuous monitoring equipment.

~ven ~ t~nation o~ . therr functi.ons to any unauthorized persons any confidelltill

Informationcom1Og to therr knowledge 10 the performance of their official duties. They shan

The report to be prepared after each inspection shall only contain facts relevant to compliance

not communicate to any State, organization or person outside the Teclmical Secretariat III

17. with this Convention. The report shall be handIed in accordance with the regulations

information to which they have access in connection with their activities in relation to Ill;

established by the Organization governing the handling of confidential information. If

State Party. .

..

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.

8. In the discharge of their functions inspectors shall only request the information and dat&

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 Secretalill

covering their period of employment and a period of five years after it is terminated ..

D.

PROCEDURES IN CASE OF BREACHES OR ALLEGED BREACHES OF

10. In order to avoid improper discloSures, inspectors and staff members shall be appropriately

CONFIDENTIALITY

advised and reminded about security considerations and of the possible penalties that they

. would incur in the event of improper disclosure.

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

II.

Not less than 30 days before an employee is . given clearance for access to confidentiJI

and approved by the Conference pursuant to Article VIII, paragraph 21 (i).

information that refers to activities on the territory or in any other'place under the jurisdictiOll

or control of a State Party, the State Party concerned shall be notified of the proposed.

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

clearance. . For inspectors the notification . of a proposed designation shall fulfil thil

requirement

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 concerninga breach of confidentiality is made by a State Party.

12. In evaluating the performance of inspectors and any other employees cif the Technical.

Secretariat, specific attention shall be given to. the. employee's record regarding protection It

20. confidential information.

.

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.

C.

MEASURES TO PROTECT SENSITIVE INSTALLATIONS · AND PREVENT

DISCLOSURE OF CONFIDENTIAL · DATA IN THE COURSE OF ON·SITE

21. States Parties shall, to the extent possible, cooperate and support the Director-General in

VERIFICATION ACTIVITIES

investigating any breach or alleged breach of confidentiality and in taking appropriate action

States Parties may take such measures .as they deem necessary to protect confidentiality,

in case a breach has been established.

13. provided that they fulfil their obligations to demonstrate compliance in acCordance with till

22...

The Organization shall not be held liable for any breach of confidentiality committed by

relevant Articles and the Verification Annex. When receiving an inspection, the State P31ll

members of the Technical Secretariat.

may indicate to the inspection team the equipment, doeumt:Rtation or areas · that it. consi~

sensitive and not related to the purpose of the inspection.

Inspection teams shall be guided by the principle of conducting on·site inspections in till

14. least intrusive manner possible consistent with the effective and timely accomplishment ¢I

their mission. They shall take into consideration proposals which may be made by the Stall

Party receiving the inspection, at whatever stage of the inspection, to ensure that sensiti~

equipment or information, not related to chemical weapons, is protected.

B.

EMPLOYMENTANl) CONDUCT OF PERSONNEL IN THE TECHNIC"

Inspection teams shall strictly abide by the provisions set forth in the relevant Articles and

SECRETARIAT .

. .

....

15. AnJiexes governing the conduct of inspections. They shall fully respect the procedures

designed to protect sensitive installations and to prevent the disClosure of COnfidential data.

ConditiO~ o~ staff e~ployment ~l be such. as to. ensure that access to and handling ((

5. c~nfidential Information shall be In confomuty With the procedures

established by the

In the elaboration 'o f arrangements and facility agreements, due regard shall be paid to the

DIrector-General in accordance with Section A .

16. requirement of protecting confidential information. Agreements on inspection procedures for

individual facilities shall also include specific and detailed arrangements with regard to the

6. Each position in the Technical Secretariat shall be governed by a formal position descriptl

determination of those areas of the facility to which inspectors are granted access, the storage

that specifies the scope of access to confidential information, if any, needed in that poSition.OQ

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

7. The Director-Ge.ner~, the ins~tors ~d the other members of the staff shall not disclOse

continuous monitoring equipment.

~ven ~ t~nation o~ . therr functi.ons to any unauthorized persons any confidelltill

Informationcom1Og to therr knowledge 10 the performance of their official duties. They shan

The report to be prepared after each inspection shall only contain facts relevant to compliance

not communicate to any State, organization or person outside the Teclmical Secretariat III

17. with this Convention. The report shall be handIed in accordance with the regulations

information to which they have access in connection with their activities in relation to Ill;

established by the Organization governing the handling of confidential information. If

State Party. .

..

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.

8. In the discharge of their functions inspectors shall only request the information and dat&

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 Secretalill

covering their period of employment and a period of five years after it is terminated ..

D.

PROCEDURES IN CASE OF BREACHES OR ALLEGED BREACHES OF

10. In order to avoid improper discloSures, inspectors and staff members shall be appropriately

CONFIDENTIALITY

advised and reminded about security considerations and of the possible penalties that they

. would incur in the event of improper disclosure.

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

II.

Not less than 30 days before an employee is . given clearance for access to confidentiJI

and approved by the Conference pursuant to Article VIII, paragraph 21 (i).

information that refers to activities on the territory or in any other'place under the jurisdictiOll

or control of a State Party, the State Party concerned shall be notified of the proposed.

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

clearance. . For inspectors the notification . of a proposed designation shall fulfil thil

requirement

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 concerninga breach of confidentiality is made by a State Party.

12. In evaluating the performance of inspectors and any other employees cif the Technical.

Secretariat, specific attention shall be given to. the. employee's record regarding protection It

20. confidential information.

.

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.

C.

MEASURES TO PROTECT SENSITIVE INSTALLATIONS · AND PREVENT

DISCLOSURE OF CONFIDENTIAL · DATA IN THE COURSE OF ON·SITE

21. States Parties shall, to the extent possible, cooperate and support the Director-General in

VERIFICATION ACTIVITIES

investigating any breach or alleged breach of confidentiality and in taking appropriate action

States Parties may take such measures .as they deem necessary to protect confidentiality,

in case a breach has been established.

13. provided that they fulfil their obligations to demonstrate compliance in acCordance with till

22...

The Organization shall not be held liable for any breach of confidentiality committed by

relevant Articles and the Verification Annex. When receiving an inspection, the State P31ll

members of the Technical Secretariat.

may indicate to the inspection team the equipment, doeumt:Rtation or areas · that it. consi~

sensitive and not related to the purpose of the inspection.

Inspection teams shall be guided by the principle of conducting on·site inspections in till

14. least intrusive manner possible consistent with the effective and timely accomplishment ¢I

their mission. They shall take into consideration proposals which may be made by the Stall

Party receiving the inspection, at whatever stage of the inspection, to ensure that sensiti~

equipment or information, not related to chemical weapons, is protected.

=

For breaches involving both a State Party and the Organization, a "CommiSSion for

23. settlement of disput~ related to co~dentiali~": set up as a ~bsidiary organ of

Conference, shall consIder the case. 1bis Comnussion shall be apPOinted by the COnference

Rules governing its composition and operating procedures shall be adopted by IIIl

Conference at its fIrst session.

I assent.

Ugo MIFSUD BONNICI

(LS.)

President

28th April, 1997

ACT No. V of 1997

kN ACT to authorise the Governrnent to ratify the Convention on

the Prohibition of the Development, Production, Stockpiling and

Use of Chemical Weapons and on their Destruction, to provide

for the implementation by Malta of its provisions andfor Malta s

membership of the Organisation for the Prohibition of Chemical

Weapons, and for matters connected therewith or ancillary

thereto .

. BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

1. This Act may be cited as the Ratification of Chemical Short titl •.

Weapons Convention Act, 1997.

2. (1)

In this Act, unless the context otherwise requires -

Interpretation.

"Aircraft" has the same meaning which is given to it in

the Civil Aviation Act;

"Convention" means the Convention on the Prohibition

of the Development, Production, Stockpiling and Use of

Chemical Weapons and on their Destruction, signed on behalf

of Malta on the 13 January, 1993,inParis, being a convention,

a copy of the English text of which is set out in the Schedule

to this Act;

"Director" means the director of the National Authority

for the purposes of this Act;