RATIFICATION OF CHEMICAL WEAPONS CONVENTION ACT

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 1

CHAPTER 392

RATIFICATION OF CHEMICAL WEAPONS

CONVENTION ACT

NOTE FROM THE LAW COMMISSIONER: This Act was formally

revoked by article 5 of Act V of 2000, however because of sub-article (2)

of the same article, it is being reproduced in whole.

To authorise the Government to ratify the Convention on the Prohibition

of the Development, Production, Stockpiling and Use of Chemical Weapons

and an their Destruction, to provide for the implementation by Malta of its

provisions and for Malta’s membership of the Organisation for the

Prohibition of Chemical Weapons, and for matters connected therewith or

ancillary thereto.

28th April, 1997

ACT V of 1997 , as amended by Legal Notices 216 of 2000 and 425

of 2007 .

The title of this Act is Ratification of Chemical Weapons

Convention Act.

(article 2)

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.TREATIES-5 and the corresponding

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

issued on 8 August 1994)

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 9

PREAMBLE

The States Parties to this Convention,

Determined to act with a view to achieving effective progress towards general and

complete disarmament under strict and effective international control, including the

prohibition and elimination of all types of weapons of mass destruction,

Desiring to contribute to the realization of the purposes and principles of the Charter

of the United Nations,

Recalling that the General Assembly of the United Nations has repeatedly

condemned all actions contrary to the principles and objectives of the Protocol for

the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of

Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925 (the Geneva

Protocol of 1925),

Recognizing that this Convention reaffirms principles and objectives of and

obligations assumed under the Geneva Protocol of 1925, and the Convention on the

Prohibition of the Development, Production and Stockpiling of Bacteriological

(Biological) and Toxin Weapons and on their Destruction signed at London, Moscow

and Washington on 10 April 1972,

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

Prohibition of the Development, Production and Stockpiling of Bacteriological

(Biological) and Toxin Weapons and on their Destruction,

Determined for the sake of all mankind, to exclude completely the possibility of the

use of chemical weapons, through the implementation of the provisions of this

Convention, thereby complementing the obligations assumed under the Geneva

Protocol of 1925,

Recognizing the prohibition, embodied in the pertinent agreements and relevant

principles of international law, of the use of herbicides as a method of warfare,

Considering that achievements in the field of chemistry should be used exclusively

for the benefit of mankind,

Desiring to promote free trade in chemicals as well as international cooperation and

exchange of scientific and technical information in the field of chemical activities

for purposes not prohibited under this Convention in order to enhance the economic

and technological development of all States Parties,

Convinced that the complete and effective prohibition of the development,

production, acquisition, stockpiling, retention, transfer and use of chemical

weapons, and their destruction, represent a necessary step towards the achievement

of these common objectives,

Have agreed as follows

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

ARTICLE I

GENERAL OBLIGATIONS

1. Each State Party to this Convention undertakes never under any

circumstances

(a) To develop, produce, otherwise acquire, stockpile or retain chemical

weapons, or transfer, directly or indirectly, chemical weapons to

anyone;

(b) To use chemical weapons;

(c) To engage in any military preparations to use chemical weapons;

(d) To assist, encourage or induce, in any way, anyone to engage in any

activity prohibited to a State Party under this Convention.

2. Each State Party undertakes to destroy chemical weapons it owns or

possesses, or that are located in any place under its jurisdiction or control, in

accordance with the provisions of this Convention.

3. Each State Party undertakes to destroy all chemical weapons it abandoned

on the territory of another State Party, in accordance with the provisions of

this Convention.

4. Each State Party undertakes to destroy any chemical weapons production

facilities it owns or possesses, or that are located in any place under its

jurisdiction or control, in accordance with the provisions of this Convention.

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

warfare.

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 11

ARTICLE II

DEFINITIONS AND CRITERIA

For the purposes of this Convention

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

(a) Toxic chemicals and their precursors, except where intended for

purposes not prohibited under this Convention, as long as the types and

quantities are consistent with such purposes;

(b) Munitions and devices, specifically designed to cause death or other

harm through the toxic properties of those toxic chemicals specified in

sub-paragraph (a), which would be released as a result of the

employment of such munitions and devices;

(c) Any equipment specifically designed for use directly in connection with

the employment of munitions and devices specified in sub-paragraph

(b).

2. "Toxic Chemical" means

Any chemical which through its chemical action on life processes can cause

death, temporary incapacitation or permanent harm to humans or animals.

This includes all such chemicals, regardless of their origin or of their

method of production, and regardless of whether they are produced in

facilities, in munitions or elsewhere.

(For the purpose of implementing this Convention, toxic chemicals which

have been identified for the application of verification measures are listed in

Schedules contained in the Annex on Chemicals.)

3. "Precursor" means

Any chemical reactant which takes part at any stage in the production by

whatever method of a toxic chemical. This includes any key component of a

binary or multicomponent chemical system.

(For the purpose of implementing this Convention, precursors which have

been identified for the application of verification measures are listed in

Schedules contained in the Annex on Chemicals.)

4. "Key Component of Binary or Multicomponent Chemical Systems"

(hereinafter referred to as "key component") means

The precursor which plays the most important role in determining the toxic

properties of the final product and reacts rapidly with other chemicals in the

binary or multicomponent system.

5. "Old Chemical Weapons" means

(a) Chemical weapons which were produced before 1925; or

(b) Chemical weapons produced in the period between 1925 and 1946 that

have deteriorated to such extent that they can no longer be used as

chemical weapons.

6. "Abandoned Chemical Weapons" means

Chemical weapons, including old chemical weapons, abandoned by a State

after 1 January 1925 on the territory of another State without the consent of

the latter.

7. "Riot Control Agent" means

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

Any chemical not listed in a Schedule, which can produce rapidly in humans

sensory irritation or disabling physical effects which disappear within a

short time following termination of exposure.

8. "Chemical Weapons Production Facility"

(a) Means any equipment, as well as any building housing such equipment,

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

(i) As part of the stage in the production of chemicals ("final

technological stage") where the material flows would contain,

when the equipment is in operation

(1) Any chemical listed in Schedule 1 in the Annex on

Chemicals; or

(2) Any other chemical that has no use, above 1 tonne per year

on the territory of a State Party or in any other place under

the jurisdiction or control of a State Party, for purposes not

prohibited under this Convention, but can be used for

chemical weapons purposes;

(ii) For filling chemical weapons, including, inter alia, the filling of

chemicals listed in Schedule 1 into munitions, devices or bulk

storage containers; the filling of chemicals into containers that

form part of assembled binary munitions and devices or into

chemical submunitions that form part of assembled unitary

munitions and devices, and the loading of the containers and

chemical submunitions into the respective munitions and devices;

(b) Does not mean

(i) Any facility having a production capacity for synthesis of

chemicals specified in sub-paragraph (a) (i) that is less than 1

tonne;

(ii) Any facility in which a chemical specified in sub-paragraph (a) (i)

is or was produced as an unavoidable by-product of activities for

purposes not prohibited under this Convention, provided that the

chemical does not exceed 3 per cent of the total product and that

the facility is subject to declaration and inspection under the

Annex on Implementation and Verification (hereinafter referred to

as "Verification Annex"); or

(iii) The single small-scale facility for production of chemicals listed

in Schedule 1 for purposes not prohibited under this Convention

as referred to in Part VI of the Verification Annex.

9. "Purposes Not Prohibited Under this Convention" means

(a) Industrial, agricultural, research, medical, pharmaceutical or other

peaceful purposes;

(b) Protective purposes, namely those purposes directly related to

protection against toxic chemicals and to protection against chemical

weapons;

(c) Military purposes not connected with the use of chemical weapons and

not dependent on the use of the toxic properties of chemicals as a

method of warfare;

(d) Law enforcement including domestic riot control purposes.

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 13

10. "Production Capacity" means

The annual quantitative potential for manufacturing a specific chemical

based on the technological process actually used or, if the process is not yet

operational, planned to be used at the relevant facility. It shall be deemed to

be equal to the nameplate capacity or, if the nameplate capacity is not

available, to the design capacity. The nameplate capacity is the product

output under conditions optimized for maximum quantity for the production

facility, as demonstrated by one or more test-runs. The design capacity is the

corresponding theoretically calculated product output.

11. "Organization" means the Organization for the Prohibition of Chemical

Weapons established pursuant to Article VIII of this Convention.

12. For the purposes of Article VI

(a) "Production" of a chemical means its formation through chemical

reaction;

(b) "Processing" of a chemical means a physical process, such as

formulation, extraction and purification, in which a chemical is not

converted into another chemical;

(c) "Consumption" of a chemical means its conversion into another

chemical via a chemical reaction.

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

ARTICLE III

DECLARATIONS

1. Each State Party shall submit to the Organization, not later than 30 days

after this Convention enters into force for it, the following declarations, in

which it shall

(a) With respect to chemical weapons

(i) Declare whether it owns or possesses any chemical weapons, or

whether there are any chemical weapons located in any place

under its jurisdiction or control;

(ii) Specify the precise location, aggregate quantity and detailed

inventory of chemical weapons it owns or possesses, or that are

located in any place under its jurisdiction or control, in

accordance with Part IV (A), paragraphs 1 to 3, of the Verification

Annex, except for those chemical weapons referred to in sub-sub-

paragraph (iii);

(iii) Report any chemical weapons on its territory that are owned and

possessed by another State and located in any place under the

jurisdiction or control of another State, in accordance with Part IV

(A), paragraph 4, of the Verification Annex;

(iv) Declare whether it has transferred or received, directly or

indirectly, any chemical weapons since 1 January 1946 and

specify the transfer or receipt of such weapons, in accordance

with Part IV (A), paragraph 5, of the Verification Annex;

(v) Provide its general plan for destruction of chemical weapons that

it owns or possesses, or that are located in any place under its

jurisdiction or control, in accordance with Part IV (A), paragraph

6, of the Verification Annex;

(b) With respect to old chemical weapons and abandoned chemical

weapons

(i) Declare whether it has on its territory old chemical weapons and

provide all available information in accordance with Part IV (B),

paragraph 3, of the Verification Annex;

(ii) Declare whether there are abandoned chemical weapons on its

territory and provide all available information in accordance with

Part IV (B), paragraph 8, of the Verification Annex;

(iii) Declare whether it has abandoned chemical weapons on the

territory of other States and provide all available information in

accordance with Part IV (B), paragraph 10, of the Verification

Annex;

(c) With respect to chemical weapons production facilities

(i) Declare whether it has or has had any chemical weapons

production facility under its ownership or possession, or that is or

has been located in any place under its jurisdiction or control at

any time since 1 January 1946;

(ii) Specify any chemical weapons production facility it has or has

had under its ownership or possession or that is or has been

located in any place under its jurisdiction or control at any time

since 1 January 1946, in accordance with Part V, paragraph 1, of

the Verification Annex, except for those facilities referred to in

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 15

sub-sub-paragraph (iii);

(iii) Report any chemical weapons production facility on its territory

that another State has or has had under its ownership and

possession and that is or has been located in any place under the

jurisdiction or control of another State at any time since 1 January

1946, in accordance with Part V, paragraph 2, of the Verification

Annex;

(iv) Declare whether it has transferred or received, directly or

indirectly, any equipment for the production of chemical weapons

since 1 January 1946 and specify the transfer or receipt of such

equipment, in accordance with Part V, paragraphs 3 to 5, of the

Verification Annex;

(v) Provide its general plan for destruction of any chemical weapons

production facility it owns or possesses, or that is located in any

place under its jurisdiction or control, in accordance with Part V,

paragraph 6, of the Verification Annex;

(vi) Specify actions to be taken for closure of any chemical weapons

production facility it owns or possesses, or that is located in any

place under its jurisdiction or control, in accordance with Part V,

paragraph 1 (i), of the Verification Annex;

(vii) Provide its general plan for any temporary conversion of any

chemical weapons production facility it owns or possesses, or that

is located in any place under its jurisdiction or control, into a

chemical weapons destruction facility, in accordance with Part V,

paragraph 7, of the Verification Annex;

(d) With respect to other facilities

Specify the precise location, nature and general scope of activities of

any facility or establishment under its ownership or possession, or

located in any place under its jurisdiction or control, and that has been

designed, constructed or used since 1 January 1946 primarily for

development of chemical weapons. Such declaration shall include, inter

alia, laboratories and test and evaluation sites;

(e) With respect to riot control agents: Specify the chemical name,

structural formula and Chemical Abstracts Service (CAS) registry

number, if assigned, of each chemical it holds for riot control purposes.

This declaration shall be updated not later than 30 days after any change

becomes effective.

2. The provisions of this Article and the relevant provisions of Part IV of the

Verification Annex shall not, at the discretion of a State Party, apply to

chemical weapons buried on its territory before 1 January 1977 and which

remain buried, or which had been dumped at sea before 1 January 1985.

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

ARTICLE IV

CHEMICAL WEAPONS

1. The provisions of this Article and the detailed procedures for its

implementation shall apply to all chemical weapons owned or possessed by

a State Party, or that are located in any place under its jurisdiction or control,

except old chemical weapons and abandoned chemical weapons to which

Part IV (B) of the Verification Annex applies.

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

the Verification Annex.

3. All locations at which chemical weapons specified in paragraph 1 are stored

or destroyed shall be subject to systematic verification through on-site

inspection and monitoring with on-site instruments, in accordance with Part

IV (A) of the Verification Annex.

4. Each State Party shall, immediately after the declaration under Article III,

paragraph 1 (a), has been submitted, provide access to chemical weapons

specified in paragraph 1 for the purpose of systematic verification of the

declaration through on-site inspection. Thereafter, each State Party shall not

remove any of these chemical weapons, except to a chemical weapons

destruction facility. It shall provide access to such chemical weapons, for the

purpose of systematic on-site verification.

5. Each State Party shall provide access to any chemical weapons destruction

facilities and their storage areas, that it owns or possesses, or that are located

in any place under its jurisdiction or control, for the purpose of systematic

verification through on-site inspection and monitoring with on-site

instruments.

6. Each State Party shall destroy all chemical weapons specified in paragraph 1

pursuant to the Verification Annex and in accordance with the agreed rate

and sequence of destruction (hereinafter referred to as "order of

destruction"). Such destruction shall begin not later than two years after this

Convention enters into force for it and shall finish not later than 10 years

after entry into force of this Convention. A State Party is not precluded from

destroying such chemical weapons at a faster rate.

7. Each State Party shall

(a) Submit detailed plans for the destruction of chemical weapons specified

in paragraph 1 not later than 60 days before each annual destruction

period begins, in accordance with Part IV (A), paragraph 29, of the

Verification Annex; the detailed plans shall encompass all stocks to be

destroyed during the next annual destruction period;

(b) Submit declarations annually regarding the implementation of its plans

for destruction of chemical weapons specified in paragraph 1, not later

than 60 days after the end of each annual destruction period; and

(c) Certify, not later than 30 days after the destruction process has been

completed, that all chemical weapons specified in paragraph 1 have

been destroyed.

8. If a State ratifies or accedes to this Convention after the 10-year period for

destruction set forth in paragraph 6, it shall destroy chemical weapons

specified in paragraph 1 as soon as possible. The order of destruction and

procedures for stringent verification for such a State Party shall be

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 17

determined by the Executive Council.

9. Any chemical weapons discovered by a State Party after the initial

declaration of chemical weapons shall be reported, secured and destroyed in

accordance with Part IV (A) of the Verification Annex.

10. Each State Party, during transportation, sampling, storage and destruction of

chemical weapons, shall assign the highest priority to ensuring the safety of

people and to protecting the environment. Each State Party shall transport,

sample, store and destroy chemical weapons in accordance with its national

standards for safety and emissions.

11. Any State Party which has on its territory chemical weapons that are owned

or possessed by another State, or that are located in any place under the

jurisdiction or control of another State, shall make the fullest efforts to

ensure that these chemical weapons are removed from its territory not later

than one year after this Convention enters into force for it. If they are not

removed within one year, the State Party may request the Organization and

other States Parties to provide assistance in the destruction of these chemical

weapons.

12. Each State Party undertakes to cooperate with other States Parties that

request information or assistance on a bilateral basis or through the

Technical Secretariat regarding methods and technologies for the safe and

efficient destruction of chemical weapons.

13. In carrying out verification activities pursuant to this Article and Part IV (A)

of the Verification Annex, the Organization shall consider measures to avoid

unnecessary duplication of bilateral or multilateral agreements on

verification of chemical weapons storage and their destruction among States

Parties.

To this end, the Executive Council shall decide to limit verification to

measures complementary to those undertaken pursuant to such a bilateral or

multilateral agreement, if it considers that

(a) Verification provisions of such an agreement are consistent with the

verification provisions of this Article and Part IV (A) of the Verification

Annex;

(b) Implementation of such an agreement provides for sufficient assurance

of compliance with the relevant provisions of this Convention; and

(c) Parties to the bilateral or multilateral agreement keep the Organization

fully informed about their verification activities.

14. If the Executive Council takes a decision pursuant to paragraph 13, the

Organization shall have the right to monitor the implementation of the

bilateral or multilateral agreement.

(1)

In this Act, unless the context otherwise requires -

"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, in Paris, 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;

"Director General" means the Director General of the Technical

Secretariat;

"Minister" means the Minister responsible for Foreign Affairs

and Environment;

"National Authority" means the body established by the Minister

to act as the Maltese National Authority in accordance with Article

VII of the Convention;

"National Authority Inspector" means a person declared pursuant

to article 5;

"OPCW Inspector" means a person designated pursuant to the

Convention as an inspector or inspection assistant;

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

Prohibition of Chemical Weapons established pursuant to the

provisions of the Convention, and its constituent bodies;

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

Shipping Act;

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

"Technical Secretariat" means the technical secretariat of the

OPCW established pursuant to Articles VII and VIII of the

Convention.

(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.

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

provisions of the Ratification of Treaties Act, the Government of

Malta is hereby authorised to ratify the Convention.

(2) The guidelines, schedules and annexes to the Convention

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

chemicals and their verification is concerned.

(3) The Minister may by notice make such provisions not

inconsistent with the provisions of this Act, as are necessary for

carrying into effect any of the provisions of the Convention.

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

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

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

resident of Malta, whether in Malta or abroad, who -

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

party under Articles IV and V of the Convention; or

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

which leads to the production, development,

acquisition, stockpiling, retaining, direct or indirect

transferring of chemical weapons; or

(c) uses chemical weapons; or

(d) engages in military preparations to use chemical

weapons; or

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

engage in any activity prohibited to a state party under

the Convention; or

(f) uses transfers or receives any chemical product listed

in the schedules to the Convention for purposes other

than those specified in Articles IV and V of the

Convention or in a manner other than that specified in

the Convention; or

(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

(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 competent authorities,

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

on conviction, to a fine (multa) of not less than twenty-three

thousand and two hundred and ninety-three euro and seventy-three

cents (23,293.73) and not more than two hundred and thirty-two

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 3

thousand and nine hundred and thirty-seven euro and thirty-four

cents (232,937.34) or to imprisonment for a term of not less than

eighteen months and not more than fifteen years

Provided that where the person so found guilty is the director,

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

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

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

vested with the legal representation of the same undertaking which

accordingly shall be liable in solidum with the person found guilty

for the payment of the said fine.

(2) The fine referred to in subarticle (1) shall be recoverable as

a civil debt in favour of the Government by the Director.

(1) The Minister shall designate or establish a National

Authority to serve as an effective liaison with the Organisation

pursuant to Article VII 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) OPCW inspectors shall, for the purposes of this Act,

enjoy such privileges and immunities as set out in sub

part B of Part II 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

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

plan for their destruction in accordance with the

provisions of the Convention.

(4)

(i) The Director may issue to relevant persons

identity cards in a form to be approved by him.

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

persons" means the National Authority

Inspector, the Director, OPCW inspectors and

any other class of persons which may be

prescribed by regulation.

(1) Where any substance or article is developed, produced,

stockpiled or is otherwise acquired or retained in contravention of

the provisions of article 4, the substance or article shall be forfeited

to the Government of Malta.

(2) Any Police officer may, without a warrant, seize any

substance or article that is forfeited or that he has reasonable

grounds to believe to be forfeited under subarticle (1), and such

substance or article shall be retained until the expiration of sixty

days after the seizure, or if a prosecution for an offence referred to

in article 4 in relation to the substance is instituted before the

expiration of that period, until the prosecution is terminated.

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

accordance with subarticle (2) may, within ten days after the

expiration of the sixty days therein referred to, make an action by

application against the Director in the Civil Court, First Hall,

challenging that seizure

Provided that where in accordance with the same subarticle a

prosecution is instituted, any question relative to the seizure shall

be determined by the Court before which the prosecution is made.

(1) The Minister may appoint an analyst for the purposes

of this Act.

(2) A certificate of an analyst appointed under subarticle (1),

stating that he has analysed or examined a substance and stating the

result of his analysis or examination, shall be admissible evidence

in a proceeding for an offence under this Act and shall be prima

facie evidence of the facts stated in the certificate and of the

correctness of the results of the analysis or examination.

(1)

Any person, who -

(a) interferes with any on-site instrument or approved

equipment with the intention of affecting adversely the

operation of the on-site instrument or approved

equipment; or

(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 article 5(4) 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

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 5

(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

Government 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 article and shall be liable,

on conviction, to the same penalties as provided in article 4 and the

provisions of the proviso to subarticle (1) and of subarticle (2) of

article 4 shall apply to offences against this article.

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

means the persons mentioned in subarticle (4) of article 5.

(1)

For the purposes of articles 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 or 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

and accompanying National Authority Inspectors may, with the

consent 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 article 11(1), enter upon or into

any facility, premises, site, land or other location, ship, vessel,

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

aircraft or vehicle, and exercise any relevant power for a relevant

challenge inspection purpose.

(2) Where an OPCW inspector or OPCW inspection team and

accompanying National Authority Inspectors enter the ship, vessel,

aircraft or vehicle under subarticle (1), he or they may for that

purpose and for the purpose of exercising any relevant power for a

relevant challenge inspection purpose, stop and detain the ship,

vessel, aircraft or vehicle.

(1) Subject to the provisions of subarticle (3) 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 of a relevant challenge inspection

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

article authorising relevant persons, named in the warrant, 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.

(2)

A warrant issued under this article shall state -

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

the day or night; and

(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.

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

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

warrant under subarticle (1) may be made by telephone.

Any person in Malta who, or any Maltese citizen or

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

(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

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

other than to another State Party for research, medical,

pharmaceutical or protective purposes; or

(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 article and shall be liable,

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 7

on conviction, to the same penalties as provided for in article 4 and

the provisions of the proviso to article 4(1) and (2) shall apply to an

offence against this article.

The forfeiture of any substance or other material which is

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

Convention, shall be an automatic consequence to a conviction for

any offence against any article of this Act.

No proceedings for any offence against any article of this

Act may be instituted without the Authority of the Attorney

General.

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

Nothing in paragraphs 13 and 14 shall affect the obligation of a State Party

to provide declarations pursuant to Article III, this Article and Part IV (A) of

the Verification Annex.

Each State Party shall meet the costs of destruction of chemical weapons it

is obliged to destroy. It shall also meet the costs of verification of storage

and destruction of these chemical weapons unless the Executive Council

decides otherwise. If the Executive Council decides to limit verification

measures of the Organization pursuant to paragraph 13, the costs of

complementary verification and monitoring by the Organization shall be

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

paid in accordance with the United Nations scale of assessment, as specified

in Article VIII, paragraph 7.

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.

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 19

ARTICLE V

CHEMICAL WEAPONS PRODUCTION FACILITIES

1. The provisions of this Article and the detailed procedures for its

implementation shall apply to any and all chemical weapons production

facilities owned or possessed by a State Party, or that are located in any

place under its jurisdiction or control.

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

the Verification Annex.

3. All chemical weapons production facilities specified in paragraph 1 shall be

subject to systematic verification through on-site inspection and monitoring

with on-site instruments in accordance with Part V of the Verification

Annex.

4. Each State Party shall cease immediately all activity at chemical weapons

production facilities specified in paragraph 1, except activity required for

closure.

5. No State Party shall construct any new chemical weapons production

facilities or modify any existing facilities for the purpose of chemical

weapons production or for any other activity prohibited under this

Convention.

6. Each State Party shall, immediately after the declaration under Article III,

paragraph 1 (c), has been submitted, provide access to chemical weapons

production facilities specified in paragraph 1, for the purpose of systematic

verification of the declaration through on-site inspection.

7. Each State Party shall

(a) Close, not later than 90 days after this Convention enters into force for

it, all chemical weapons production facilities specified in paragraph 1,

in accordance with Part V of the Verification Annex, and give notice

thereof; and

(b) Provide access to chemical weapons production facilities specified in

paragraph 1, subsequent to closure, for the purpose of systematic

verification through on-site inspection and monitoring with on-site

instruments in order to ensure that the facility remains closed and is

subsequently destroyed.

8. Each State Party shall destroy all chemical weapons production facilities

specified in paragraph 1 and related facilities and equipment, pursuant to the

Verification Annex and in accordance with an agreed rate and sequence of

destruction (hereinafter referred to as "order of destruction"). Such

destruction shall begin not later than one year after this Convention enters

into force for it, and shall finish not later than 10 years after entry into force

of this Convention. A State Party is not precluded from destroying such

facilities at a faster rate.

9. Each State Party shall

(a) Submit detailed plans for destruction of chemical weapons production

facilities specified in paragraph 1, not later than 180 days before the

destruction of each facility begins;

(b) Submit declarations annually regarding the implementation of its plans

for the destruction of all chemical weapons production facilities

specified in paragraph 1, not later than 90 days after the end of each

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

annual destruction period; and

(c) Certify, not later than 30 days after the destruction process has been

completed, that all chemical weapons production facilities specified in

paragraph 1 have been destroyed.

10. If a State ratifies or accedes to this Convention after the 10-year period for

destruction set forth in paragraph 8, it shall destroy chemical weapons

production facilities specified in paragraph 1 as soon as possible. The order

of destruction and procedures for stringent verification for such a State Party

shall be determined by the Executive Council.

11. Each State Party, during the destruction of chemical weapons production

facilities, shall assign the highest priority to ensuring the safety of people

and to protecting the environment. Each State Party shall destroy chemical

weapons production facilities in accordance with its national standards for

safety and emissions.

12. Chemical weapons production facilities specified in paragraph 1 may be

temporarily converted for destruction of chemical weapons in accordance

with Part V, paragraphs 18 to 25, of the Verification Annex. Such a

converted facility must be destroyed as soon as it is no longer in use for

destruction of chemical weapons but, in any case, not later than 10 years

after entry into force of this Convention.

13. A State Party may request, in exceptional cases of compelling need,

permission to use a chemical weapons production facility specified in

paragraph 1 for purposes not prohibited under this Convention. Upon the

recommendation of the Executive Council, the Conference of the States

Parties shall decide whether or not to approve the request and shall establish

the conditions upon which approval is contingent in accordance with Part V,

Section D, of the Verification Annex.

14. The chemical weapons production facility shall be converted in such a

manner that the converted facility is not more capable of being reconverted

into a chemical weapons production facility than any other facility used for

industrial, agricultural, research, medical, pharmaceutical or other peaceful

purposes not involving chemicals listed in Schedule 1.

15. All converted facilities shall be subject to systematic verification through

on-site inspection and monitoring with on-site instruments in accordance

with Part V, Section D, of the Verification Annex.

16. In carrying out verification activities pursuant to this Article and Part V of

the Verification Annex, the Organization shall consider measures to avoid

unnecessary duplication of bilateral or multilateral agreements on

verification of chemical weapons production facilities and their destruction

among States Parties.

To this end, the Executive Council shall decide to limit the verification to

measures complementary to those undertaken pursuant to such a bilateral or

multilateral agreement, if it considers that

(a) Verification provisions of such an agreement are consistent with the

verification provisions of this Article and Part V of the Verification

Annex;

(b) Implementation of the agreement provides for sufficient assurance of

compliance with the relevant provisions of this Convention; and

(c) Parties to the bilateral or multilateral agreement keep the Organization

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 21

fully informed about their verification activities.

17. If the Executive Council takes a decision pursuant to paragraph 16, the

Organization shall have the right to monitor the implementation of the

bilateral or multilateral agreement.

Nothing in paragraphs 16 and 17 shall affect the obligation of a State Party

to make declarations pursuant to Article III, this Article and Part V of the

Verification Annex.

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.

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

ARTICLE VI

ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION

1. Each State Party has the right, subject to the provisions of this Convention,

to develop, produce, otherwise acquire, retain, transfer and use toxic

chemicals and their precursors for purposes not prohibited under this

Convention.

2. Each State Party shall adopt the necessary measures to ensure that toxic

chemicals and their precursors are only developed, produced, otherwise

acquired, retained, transferred, or used within its territory or in any other

place under its jurisdiction or control for purposes not prohibited under this

Convention. To this end, and in order to verify that activities are in

accordance with obligations under this Convention, each State Party shall

subject toxic chemicals and their precursors listed in Schedules 1, 2 and 3 of

the Annex on Chemicals, facilities related to such chemicals, and other

facilities as specified in the Verification Annex, that are located on its

territory or in any other place under its jurisdiction or control, to verification

measures as provided in the Verification Annex.

3. Each State Party shall subject chemicals listed in Schedule 1 (hereinafter

referred to as "Schedule 1 chemicals") to the prohibitions on production,

acquisition, retention, transfer and use as specified in Part VI of the

Verification Annex. It shall subject Schedule 1 chemicals and facilities

specified in Part VI of the Verification Annex to systematic verification

through on-site inspection and monitoring with on-site instruments in

accordance with that Part of the Verification Annex.

4. Each State Party shall subject chemicals listed in Schedule 2 (hereinafter

referred to as "Schedule 2 chemicals") and facilities specified in Part VII of

the Verification Annex to data monitoring and on-site verification in

accordance with that Part of the Verification Annex.

5. Each State Party shall subject chemicals listed in Schedule 3 (hereinafter

referred to as "Schedule 3 chemicals") and facilities specified in Part VIII of

the Verification Annex to data monitoring and on-site verification in

accordance with that Part of the Verification Annex.

6. Each State Party shall subject facilities specified in Part IX of the

Verification Annex to data monitoring and eventual on-site verification in

accordance with that Part of the Verification Annex unless decided

otherwise by the Conference of the States Parties pursuant to Part IX,

paragraph 22, of the Verification Annex.

7. Not later than 30 days after this Convention enters into force for it, each

State Party shall make an initial declaration on relevant chemicals and

facilities in accordance with the Verification Annex.

8. Each State Party shall make annual declarations regarding the relevant

chemicals and facilities in accordance with the Verification Annex.

9. For the purpose of on-site verification, each State Party shall grant to the

inspectors access to facilities as required in the Verification Annex.

10. In conducting verification activities, the Technical Secretariat shall avoid

undue intrusion into the State Party’s chemical activities for purposes not

prohibited under this Convention and, in particular, abide by the provisions

set forth in the Annex on the Protection of Confidential Information

(hereinafter referred to as "Confidentiality Annex").

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 23

11. The provisions of this Article shall be implemented in a manner which

avoids hampering the economic or technological development of States

Parties, and international cooperation in the field of chemical activities for

purposes not prohibited under this Convention including the international

exchange of scientific and technical information and chemicals and

equipment for the production, processing or use of chemicals for purposes

not prohibited under this Convention.

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

ARTICLE VII

NATIONAL IMPLEMENTATION MEASURES

General undertakings

1. Each State Party shall, in accordance with its constitutional processes, adopt

the necessary measures to implement its obligations under this Convention.

In particular, it shall

(a) Prohibit natural and legal persons anywhere on its territory or in any

other place under its jurisdiction as recognized by international law

from undertaking any activity prohibited to a State Party under this

Convention, including enacting penal legislation with respect to such

activity;

(b) Not permit in any place under its control any activity prohibited to a

State Party under this Convention; and

(c) Extend its penal legislation enacted under sub-paragraph (a) to any

activity prohibited to a State Party under this Convention undertaken

anywhere by natural persons, possessing its nationality, in conformity

with international law.

2. Each State Party shall cooperate with other States Parties and afford the

appropriate form of legal assistance to facilitate the implementation of the

obligations under paragraph 1.

3. Each State Party, during the implementation of its obligations under this

Convention, shall assign the highest priority to ensuring the safety of people

and to protecting the environment, and shall cooperate as appropriate with

other States Parties in this regard.

Relations between the State Party and the Organization

4. In order to fulfil its obligations under this Convention, each State Party shall

designate or establish a National Authority to serve as the national focal

point for effective liaison with the Organization and other States Parties.

Each State Party shall notify the Organization of its National Authority at

the time that this Convention enters into force for it.

5. Each State Party shall inform the Organization of the legislative and

administrative measures taken to implement this Convention.

6. Each State Party shall treat as confidential and afford special handling to

information and data that it receives in confidence from the Organization in

connection with the implementation of this Convention.

It shall treat such information and data exclusively in connection with its

rights and obligations under this Convention and in accordance with the

provisions set forth in the Confidentiality Annex.

7. Each State Party undertakes to cooperate with the Organization in the

exercise of all its functions and in particular to provide assistance to the

Technical Secretariat.

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 25

ARTICLE VIII

THE ORGANIZATION

A. GENERAL PROVISIONS

1. The States Parties to this Convention hereby establish the Organization for

the Prohibition of Chemical Weapons to achieve the object and purpose of

this Convention, to ensure the implementation of its provisions, including

those for international verification of compliance with it, and to provide a

forum for consultation and cooperation among States Parties.

2. All States Parties to this Convention shall be members of the Organization.

A State Party shall not be deprived of its membership in the Organization.

3. The seat of the Headquarters of the Organization shall be The Hague,

Kingdom of the Netherlands.

4. There are hereby established as the organs of the Organization: the

Conference of the States Parties, the Executive Council, and the Technical

Secretariat.

5. The Organization shall conduct its verification activities provided for under

this Convention in the least intrusive manner possible consistent with the

timely and efficient accomplishment of their objectives. It shall request only

the information and data necessary to fulfil its responsibilities under this

Convention. It shall take every precaution to protect the confidentiality of

information on civil and military activities and facilities coming to its

knowledge in the implementation of this Convention and, in particular, shall

abide by the provisions set forth in the Confidentiality Annex.

6. In undertaking its verification activities the Organization shall consider

measures to make use of advances in science and technology.

7. The costs of the Organization’s activities shall be paid by States Parties in

accordance with the United Nations scale of assessment adjusted to take into

account differences in membership between the United Nations and this

Organization, and subject to the provisions of Articles IV and V. Financial

contributions of States Parties to the Preparatory Commission shall be

deducted in an appropriate way from their contributions to the regular

budget. The budget of the Organization shall comprise two separate

chapters, one relating to administrative and other costs, and one relating to

verification costs.

8. A member of the Organization which is in arrears in the payment of its

financial contribution to the Organization shall have no vote in the

Organization if the amount of its arrears equals or exceeds the amount of the

contribution due from it for the preceding two full years. The Conference of

the States Parties may, nevertheless, permit such a member to vote if it is

satisfied that the failure to pay is due to conditions beyond the control of the

member.

B. THE CONFERENCE OF THE STATES PARTIES

Composition, procedures and decision-making

9. The Conference of the States Parties (hereinafter referred to as "the

Conference") shall be composed of all members of this Organization. Each

member shall have one representative in the Conference, who may be

accompanied by alternates and advisers.

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

10. The first session of the Conference shall be convened by the depositary not

later than 30 days after the entry into force of this Convention.

11. The Conference shall meet in regular sessions which shall be held annually

unless it decides otherwise.

12. Special sessions of the Conference shall be convened

(a) When decided by the Conference;

(b) When requested by the Executive Council;

(c) When requested by any member and supported by one third of the

members; or

(d) In accordance with paragraph 22 to undertake reviews of the operation

of this Convention.

Except in the case of sub-paragraph (d), the special session shall be

convened not later than 30 days after receipt of the request by the Director-

General of the Technical Secretariat, unless specified otherwise in the

request.

13. The Conference shall also be convened in the form of an Amendment

Conference in accordance with Article XV, paragraph 2.

14. Sessions of the Conference shall take place at the seat of the Organization

unless the Conference decides otherwise.

15. The Conference shall adopt its rules of procedure. At the beginning of each

regular session, it shall elect its Chairman and such other officers as may be

required. They shall hold office until a new Chairman and other officers are

elected at the next regular session.

16. A majority of the members of the Organization shall constitute a quorum for

the Conference.

17. Each member of the Organization shall have one vote in the Conference.

18. The Conference shall take decisions on questions of procedure by a simple

majority of the members present and voting. Decisions on matters of

substance should be taken as far as possible by consensus. If consensus is

not attainable when an issue comes up for decision, the Chairman shall defer

any vote for 24 hours and during this period of deferment shall make every

effort to facilitate achievement of consensus, and shall report to the

Conference before the end of this period. If consensus is not possible at the

end of 24 hours, the Conference shall take the decision by a two-thirds

majority of members present and voting unless specified otherwise in this

Convention. When the issue arises as to whether the question is one of

substance or not, that question shall be treated as a matter of substance

unless otherwise decided by the Conference by the majority required for

decisions on matters of substance.

Powers and functions

19. The Conference shall be the principal organ of the Organization. It shall

c o n s i d e r a n y q u e s t i o n s , m a t t e r s o r i s s u e s w i t h i n t h e s c o p e o f th i s

Convention, including those relating to the powers and functions of the

E x e c u t i v e C o u n c i l a n d t h e Te c h n i c a l S e c r e t a r i a t . I t m a y m a k e

recommendations and take decisions on any questions, matters or issues

related to this Convention raised by a State Party or brought to its attention

by the Executive Council.

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 27

The Conference shall oversee the implementation of this Convention, and

act in order to promote its object and purpose. The Conference shall review

compliance with this Convention. It shall also oversee the activities of the

Executive Council and the Technical Secretariat and may issue guidelines in

accordance with this Convention to either of them in the exercise of their

functions.

The Conference shall

(a) Consider and adopt at its regular sessions the report, programme and

budget of the Organization, submitted by the Executive Council, as well

as consider other reports;

(b) Decide on the scale of financial contributions to be paid by States

Parties in accordance with paragraph 7;

(c) Elect the members of the Executive Council;

(d) Appoint the Director-General of the Technical Secretariat (hereinafter

referred to as "the Director-General");

(e) Approve the rules of procedure of the Executive Council submitted by

the latter;

(f) Establish such subsidiary organs as it finds necessary for the exercise of

its functions in accordance with this Convention;

(g) Foster international cooperation for peaceful purposes in the field of

chemical activities;

(h) Review scientific and technological developments that could affect the

operation of this Convention and, in this context, direct the Director-

General to establish a Scientific Advisory Board to enable him, in the

performance of his functions, to render specialized advice in areas of

science and technology relevant to this Convention, to the Conference,

the Executive Council or States Parties. The Scientific Advisory Board

shall be composed of independent experts appointed in accordance with

terms of reference adopted by the Conference;

(i) Consider and approve at its first session any draft agreements,

provisions and guidelines developed by the Preparatory Commission;

(j) Establish at its first session the voluntary fund for assistance in

accordance with Article X;

(k) Take the necessary measures to ensure compliance with this Convention

and to redress and remedy any situation which contravenes the

provisions of this Convention, in accordance with Article XII.

The Conference shall not later than one year after the expiry of the fifth and

the tenth year after the entry into force of this Convention, and at such other

times within that time period as may be decided upon, convene in special

sessions to undertake reviews of the operation of this Convention. Such

reviews shall take into account any relevant scientific and technological

developments. At intervals of five years thereafter, unless otherwise decided

upon, further sessions of the Conference shall be convened with the same

objective.

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

C. THE EXECUTIVE COUNCIL

Composition, procedure and decision-making

The Executive Council shall consist of 41 members. Each State Party shall

have the right, in accordance with the principle of rotation, to serve on the

Executive Council. The members of the Executive Council shall be elected

by the Conference for a term of two years. In order to ensure the effective

functioning of this Convention, due regard being specially paid to equitable

geographical distribution, to the importance of chemical industry, as well as

to political and security interests, the Executive Council shall be composed

as follows

(a) Nine States Parties from Africa to be designated by States Parties

located in this region. As a basis for this designation it is understood

that, out of these nine States Parties, three members shall, as a rule, be

the States Parties with the most significant national chemical industry in

the region as determined by internationally reported and published data;

in addition, the regional group shall agree also to take into account other

regional factors in designating these three members;

(b) Nine States Parties from Asia to be designated by States Parties located

in this region. As a basis for this designation it is understood that, out of

these nine States Parties, four members shall, as a rule, be the States

Parties with the most significant national chemical industry in the

region as determined by internationally reported and published data; in

addition, the regional group shall agree also to take into account other

regional factors in designating these four members;

(c) Five States Parties from Eastern Europe to be designated by States

Parties located in this region. As a basis for this designation it is

understood that, out of these five States Parties, one member shall, as a

rule, be the State Party with the most significant national chemical

industry in the region as determined by internationally reported and

published data; in addition, the regional group shall agree also to take

into account other regional factors in designating this one member;

(d) Seven States Parties from Latin America and the Caribbean to be

designated by States Parties located in this region. As a basis for this

designation it is understood that, out of these seven States Parties, three

members shall, as a rule, be the States Parties with the most significant

national chemical industry in the region as determined by

internationally reported and published data; in addition, the regional

group shall agree also to take into account other regional factors in

designating these three members;

(e) Ten States Parties from among Western European and other States to be

designated by States Parties located in this region. As a basis for this

designation it is understood that, out of these 10 States Parties, 5

members shall, as a rule, be the States Parties with the most significant

national chemical industry in the region as determined by

internationally reported and published data; in addition, the regional

group shall agree also to take into account other regional factors in

designating these five members;

(f) One further State Party to be designated consecutively by States Parties

located in the regions of Asia and Latin America and the Caribbean. As

a basis for this designation it is understood that this State Party shall be

a rotating member from these regions.

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 29

For the first election of the Executive Council 20 members shall be elected

for a term of one year, due regard being paid to the established numerical

proportions as described in paragraph 23.

After the full implementation of Articles IV and V the Conference may,

upon the request of a majority of the members of the Executive Council,

review the composition of the Executive Council taking into account

developments related to the principles specified in paragraph 23 that are

governing its composition.

The Executive Council shall elaborate its rules of procedure and submit

them to the Conference for approval.

The Executive Council shall elect its Chairman from among its members.

The Executive Council shall meet for regular sessions. Between regular

sessions it shall meet as often as may be required for the fulfilment of its

powers and functions.

Each member of the Executive Council shall have one vote. Unless

otherwise specified in this Convention, the Executive Council shall take

decisions on matters of substance by a two-thirds majority of all its

members. The Executive Council shall take decisions on questions of

procedure by a simple majority of all its members. When the issue arises as

to whether the question is one of substance or not, that question shall be

treated as a matter of substance unless otherwise decided by the Executive

Council by the majority required for decisions on matters of substance.

Powers and functions

The Executive Council shall be the executive organ of the Organization. It

shall be responsible to the Conference. The Executive Council shall carry

out the powers and functions entrusted to it under this Convention, as well as

those functions delegated to it by the Conference. In so doing, it shall act in

conformity with the recommendations, decisions and guidelines of the

Conference and assure their proper and continuous implementation.

The Executive Council shall promote the effective implementation of, and

compliance with, this Convention. It shall supervise the activities of the

Technical Secretariat, cooperate with the National Authority of each State

Party and facilitate consultations and cooperation among States Parties at

their request.

The Executive Council shall

(a) Consider and submit to the Conference the draft programme and budget

of the Organization;

(b) Consider and submit to the Conference the draft report of the

Organization on the implementation of this Convention, the report on

the performance of its own activities and such special reports as it

deems necessary or which the Conference may request;

(c) Make arrangements for the sessions of the Conference including the

preparation of the draft agenda.

The Executive Council may request the convening of a special session of the

Conference.

The Executive Council shall

(a) Conclude agreements or arrangements with States and international

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

organizations on behalf of the Organization, subject to prior approval by

the Conference;

(b) Conclude agreements with States Parties on behalf of the Organization

in connection with Article X and supervise the voluntary fund referred

to in Article X;

(c) Approve agreements or arrangements relating to the implementation of

verification activities, negotiated by the Technical Secretariat with

States Parties.

The Executive Council shall consider any issue or matter within its

competence affecting this Convention and its implementation, including

concerns regarding compliance, and cases of non-compliance, and, as

appropriate, inform States Parties and bring the issue or matter to the

attention of the Conference.

In its consideration of doubts or concerns regarding compliance and cases of

non-compliance, including, inter alia, abuse of the rights provided for under

this Convention, the Executive Council shall consult with the States Parties

involved and, as appropriate, request the State Party to take measures to

redress the situation within a specified time. To the extent that the Executive

Council considers further action to be necessary, it shall take, inter alia, one

or more of the following measures

(a) Inform all States Parties of the issue or matter;

(b) Bring the issue or matter to the attention of the Conference;

(c) Make recommendations to the Conference regarding measures to

redress the situation and to ensure compliance.

The Executive Council shall, in cases of particular gravity and urgency,

bring the issue or matter, including relevant information and conclusions,

directly to the attention of the United Nations General Assembly and the

United Nations Security Council. It shall at the same time inform all States

Parties of this step.

D. THE TECHNICAL SECRETARIAT

The Technical Secretariat shall assist the Conference and the Executive

Council in the performance of their functions. The Technical Secretariat

shall carry out the verification measures provided for in this Convention. It

shall carry out the other functions entrusted to it under this Convention as

well as those functions delegated to it by the Conference and the Executive

Council.

The Technical Secretariat shall

(a) Prepare and submit to the Executive Council the draft programme and

budget of the Organization;

(b) Prepare and submit to the Executive Council the draft report of the

Organization on the implementation of this Convention and such other

reports as the Conference or the Executive Council may request;

(c) Provide administrative and technical support to the Conference, the

Executive Council and subsidiary organs;

(d) Address and receive communications on behalf of the Organization to

and from States Parties on matters pertaining to the implementation of

this Convention;

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 31

(e) Provide technical assistance and technical evaluation to States Parties in

the implementation of the provisions of this Convention, including

evaluation of scheduled and unscheduled chemicals.

The Technical Secretariat shall

(a) Negotiate agreements or arrangements relating to the implementation of

verification activities with States Parties, subject to approval by the

Executive Council;

(b) Not later than 180 days after entry into force of this Convention,

coordinate the establishment and maintenance of permanent stockpiles

of emergency and humanitarian assistance by States Parties in

accordance with Article X, paragraphs 7 (b) and (c). The Technical

Secretariat may inspect the items maintained for serviceability. Lists of

items to be stockpiled shall be considered and approved by the

Conference pursuant to paragraph 21 (i) above;

(c) Administer the voluntary fund referred to in Article X, compile

declarations made by the States Parties and register, when requested,

bilateral agreements concluded between States Parties or between a

State Party and the Organization for the purposes of Article X.

The Technical Secretariat shall inform the Executive Council of any

problem that has arisen with regard to the discharge of its functions,

including doubts, ambiguities or uncertainties about compliance with this

C o n v e n t i o n t h a t h a v e c o m e t o i t s n o t i c e i n t h e p e r f o r m a n c e o f it s

verification activities and that it has been unable to resolve or clarify

through its consultations with the State Party concerned.

The Technical Secretariat shall comprise a Director-General, who shall be

its head and chief administrative officer, inspectors and such scientific,

technical and other personnel as may be required.

The Inspectorate shall be a unit of the Technical Secretariat and shall act

under the supervision of the Director-General.

The Director-General shall be appointed by the Conference upon the

recommendation of the Executive Council for a term of four years,

renewable for one further term, but not thereafter.

The Director-General shall be responsible to the Conference and the

Executive Council for the appointment of the staff and the organization and

functioning of the Technical Secretariat. The paramount consideration in the

employment of the staff and in the determination of the conditions of service

shall be the necessity of securing the highest standards of efficiency,

competence and integrity. Only citizens of States Parties shall serve as the

Director-General, as inspectors or as other members of the professional and

clerical staff. Due regard shall be paid to the importance of recruiting the

staff on as wide a geographical basis as possible. Recruitment shall be

guided by the principle that the staff shall be kept to a minimum necessary

for the proper discharge of the responsibilities of the Technical Secretariat.

The Director-General shall be responsible for the organization and

functioning of the Scientific Advisory Board referred to in paragraph 21 (h).

The Director-General shall, in consultation with States Parties, appoint

members of the Scientific Advisory Board, who shall serve in their

individual capacity. The members of the Board shall be appointed on the

basis of their expertise in the particular scientific fields relevant to the

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

implementation of this Convention. The Director-General may also, as

appropriate, in consultation with members of the Board, establish temporary

working groups of scientific experts to provide recommendations on specific

issues. In regard to the above, States Parties may submit lists of experts to

the Director-General.

In the performance of their duties, the Director-General, the inspectors and

the other members of the staff shall not seek or receive instructions from any

Government or from any other source external to the Organization. They

shall refrain from any action that might reflect on their positions as

international officers responsible only to the Conference and the Executive

Council.

Each State Party shall respect the exclusively international character of the

responsibilities of the Director-General, the inspectors and the other

members of the staff and not seek to influence them in the discharge of their

responsibilities.

E. PRIVILEGES AND IMMUNITIES

The Organization shall enjoy on the territory and in any other place under

the jurisdiction or control of a State Party such legal capacity and such

privileges and immunities as are necessary for the exercise of its functions.

Delegates of States Parties, together with their alternates and advisers,

representatives appointed to the Executive Council together with their

a l t e r n a t e s a n d a d v i s e r s , t h e D i r e c t o r- G e n e r a l a n d t h e s t a ff o f t h e

Organization shall enjoy such privileges and immunities as are necessary in

the independent exercise of their functions in connection with the

Organization.

The legal capacity, privileges, and immunities referred to in this Article

shall be defined in agreements between the Organization and the States

Parties as well as in an agreement between the Organization and the State in

which the headquarters of the Organization is seated. These agreements shall

be considered and approved by the Conference pursuant to paragraph 21 (i).

Notwithstanding paragraphs 48 and 49, the privileges and immunities

enjoyed by the Director-General and the staff of the Technical Secretariat

during the conduct of verification activities shall be those set forth in Part II,

Section B, of the Verification Annex.

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 33

ARTICLE IX

CONSULTATIONS, COOPERATION AND FACT-FINDING

1. States Parties shall consult and cooperate, directly among themselves, or

through the Organization or other appropriate international procedures,

including procedures within the framework of the United Nations and in

accordance with its Charter, on any matter which may be raised relating to

the object and purpose, or the implementation of the provisions, of this

Convention.

2. Without prejudice to the right of any State Party to request a challenge

inspection, States Parties should, whenever possible, first make every effort

to clarify and resolve, through exchange of information and consultations

among themselves, any matter which may cause doubt about compliance

with this Convention, or which gives rise to concerns about a related matter

which may be considered ambiguous. A State Party which receives a request

from another State Party for clarification of any matter which the requesting

State Party believes causes such a doubt or concern shall provide the

requesting State Party as soon as possible, but in any case not later than 10

days after the request, with information sufficient to answer the doubt or

concern raised along with an explanation of how the information provided

resolves the matter. Nothing in this Convention shall affect the right of any

two or more States Parties to arrange by mutual consent for inspections or

any other procedures among themselves to clarify and resolve any matter

which may cause doubt about compliance or gives rise to a concern about a

related matter which may be considered ambiguous. Such arrangements

shall not affect the rights and obligations of any State Party under other

provisions of this Convention.

Procedure for requesting clarification

3. A State Party shall have the right to request the Executive Council to assist

in clarifying any situation which may be considered ambiguous or which

gives rise to a concern about the possible non-compliance of another State

Party with this Convention. The Executive Council shall provide appropriate

information in its possession relevant to such a concern.

4. A State Party shall have the right to request the Executive Council to obtain

clarification from another State Party on any situation which may be

considered ambiguous or which gives rise to a concern about its possible

non-compliance with this Convention. In such a case, the following shall

apply

(a) The Executive Council shall forward the request for clarification to the

State Party concerned through the Director-General not later than 24

hours after its receipt;

(b) The requested State Party shall provide the clarification to the

Executive Council as soon as possible, but in any case not later than 10

days after the receipt of the request;

(c) The Executive Council shall take note of the clarification and forward it

to the requesting State Party not later than 24 hours after its receipt;

(d) If the requesting State Party deems the clarification to be inadequate, it

shall have the right to request the Executive Council to obtain from the

requested State Party further clarification;

(e) For the purpose of obtaining further clarification requested under sub-

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

paragraph (d), the Executive Council may call on the Director-General

to establish a group of experts from the Technical Secretariat, or if

appropriate staff are not available in the Technical Secretariat, from

elsewhere, to examine all available information and data relevant to the

situation causing the concern. The group of experts shall submit a

factual report to the Executive Council on its findings;

(f)

If the requesting State Party considers the clarification obtained under

sub-paragraphs (d) and (e) to be unsatisfactory, it shall have the right to

request a special session of the Executive Council in which States

Parties involved that are not members of the Executive Council shall be

entitled to take part. In such a special session, the Executive Council

shall consider the matter and may recommend any measure it deems

appropriate to resolve the situation.

5. A State Party shall also have the right to request the Executive Council to

clarify any situation which has been considered ambiguous or has given rise

to a concern about its possible non-compliance with this Convention. The

Executive Council shall respond by providing such assistance as

appropriate.

6. The Executive Council shall inform the States Parties about any request for

clarification provided in this Article.

7. If the doubt or concern of a State Party about a possible non-compliance has

not been resolved within 60 days after the submission of the request for

clarification to the Executive Council, or it believes its doubts warrant

urgent consideration, notwithstanding its right to request a challenge

inspection, it may request a special session of the Conference in accordance

with Article VIII, paragraph 12 (c). At such a special session, t he

Conference shall consider the matter and may recommend any measure it

deems appropriate to resolve the situation.

Procedures for challenge inspections

8. Each State Party has the right to request an on-site challenge inspection of

any facility or location in the territory or in any other place under the

jurisdiction or control of any other State Party for the sole purpose of

clarifying and resolving any questions concerning possible non-compliance

with the provisions of this Convention, and to have this inspection

conducted anywhere without delay by an inspection team designated by the

Director-General and in accordance with the Verification Annex.

9. Each State Party is under the obligation to keep the inspection request within

the scope of this Convention and to provide in the inspection request all

appropriate information on the basis of which a concern has arisen regarding

p o s s i b l e n o n - c o m p l i a n c e w i t h t h i s C o n v e n t i o n a s s p e c i f i e d i n t he

Verification Annex. Each State Party shall refrain from unfounded

inspection requests, care being taken to avoid abuse. The challenge

inspection shall be carried out for the sole purpose of determining facts

relating to the possible non-compliance.

10. For the purpose of verifying compliance with the provisions of this

Convention, each State Party shall permit the Technical Secretariat to

conduct the on-site challenge inspection pursuant to paragraph 8.

11. Pursuant to a request for a challenge inspection of a facility or location, and

in accordance with the procedures provided for in the Verification Annex,

the inspected State Party shall have

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 35

(a) The right and the obligation to make every reasonable effort to

demonstrate its compliance with this Convention and, to this end, to

enable the inspection team to fulfil its mandate;

(b) The obligation to provide access within the requested site for the sole

purpose of establishing facts relevant to the concern regarding possible

non-compliance; and

(c) The right to take measures to protect sensitive installations, and to

prevent disclosure of confidential information and data, not related to

this Convention.

12. With regard to an observer, the following shall apply

(a) The requesting State Party may, subject to the agreement of the

inspected State Party, send a representative who may be a national

either of the requesting State Party or of a third State Party, to observe

the conduct of the challenge inspection.

(b) The inspected State Party shall then grant access to the observer in

accordance with the Verification Annex.

(c) The inspected State Party shall, as a rule, accept the proposed observer,

but if the inspected State Party exercises a refusal, that fact shall be

recorded in the final report.

13. The requesting State Party shall present an inspection request for an on-site

challenge inspection to the Executive Council and at the same time to the

Director-General for immediate processing.

14. The Director-General shall immediately ascertain that the inspection request

meets the requirements specified in Part X, paragraph 4, of the Verification

Annex, and, if necessary, assist the requesting State Party in filing the

inspection request accordingly. When the inspection request fulfils the

requirements, preparations for the challenge inspection shall begin.

15. The Director-General shall transmit the inspection request to the inspected

State Party not less than 12 hours before the planned arrival of the inspection

team at the point of entry.

16. After having received the inspection request, the Executive Council shall

take cognizance of the Director-General’s actions on the request and shall

keep the case under its consideration throughout the inspection procedure.

However, its deliberations shall not delay the inspection process.

17. The Executive Council may, not later than 12 hours after having received the

inspection request, decide by a three-quarter majority of all its members

against carrying out the challenge inspection, if it considers the inspection

request to be frivolous, abusive or clearly beyond the scope of this

Convention as described in paragraph 8. Neither the requesting nor the

inspected State Party shall participate in such a decision. If the Executive

Council decides against the challenge inspection, preparations shall be

stopped, no further action on the inspection request shall be taken, and the

States Parties concerned shall be informed accordingly.

18. The Director-General shall issue an inspection mandate for the conduct of

the challenge inspection. The inspection mandate shall be the inspection

request referred to in paragraphs 8 and 9 put into operational terms, and

shall conform with the inspection request.

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

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

the case of alleged use, in accordance with Part XI of the Verification

Annex. The inspection team shall be guided by the principle of conducting

the challenge inspection in the least intrusive manner possible, consistent

with the effective and timely accomplishment of its mission.

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

challenge inspection and facilitate its task. If the inspected State Party

proposes, pursuant to Part X, Section C, of the Verification Annex,

arrangements to demonstrate compliance with this Convention, alternative

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

through consultations with the inspection team, to reach agreement on the

modalities for establishing the facts with the aim of demonstrating its

compliance.

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

by the inspection team of the degree and nature of access and cooperation

granted for the satisfactory implementation of the challenge inspection. The

Director-General shall promptly transmit the final report of the inspection

team to the requesting State Party, to the inspected State Party, to the

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

further transmit promptly to the Executive Council the assessments of the

requesting and of the inspected States Parties, as well as the views of other

States Parties which may be conveyed to the Director-General for that

purpose, and then provide them to all States Parties.

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

review the final report of the inspection team as soon as it is presented, and

address any concerns as to

(a) Whether any non-compliance has occurred;

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

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

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

and functions, that further action may be necessary with regard to paragraph

22, it shall take the appropriate measures to redress the situation and to

ensure compliance with this Convention, including specific recommenda-

tions to the Conference. In the case of abuse, the Executive Council shall

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

implications of the challenge inspection.

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

to participate in the review process. The Executive Council shall inform the

States Parties and the next session of the Conference of the outcome of the

process.

25. If the Executive Council has made specific recommendations to the

Conference, the Conference shall consider action in accordance with Article

XII.

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 37

ARTICLE X

ASSISTANCE AND PROTECTION AGAINST CHEMICAL WEAPONS

1. For the purposes of this Article, "Assistance" means the coordination and

delivery to States Parties of protection against chemical weapons, including,

inter alia, the following: detection equipment and alarm systems; protective

equipment; decontamination equipment and decontaminants; medical

antidotes and treatments; and advice on any of these protective measures.

2. Nothing in this Convention shall be interpreted as impeding the right of any

State Party to conduct research into, develop, produce, acquire, transfer or

use means of protection against chemical weapons, for purposes not

prohibited under this Convention.

3. Each State Party undertakes to facilitate, and shall have the right to

participate in, the fullest possible exchange of equipment, material and

scientific and technological information concerning means of protection

against chemical weapons.

4. For the purposes of increasing the transparency of national programmes

related to protective purposes, each State Party shall provide annually to the

Technical Secretariat information on its programme, in accordance with

procedures to be considered and approved by the Conference pursuant to

Article VIII, paragraph 21 (i).

5. The Technical Secretariat shall establish, not later than 180 days after entry

into force of this Convention and maintain, for the use of any requesting

State Party, a data bank containing freely available information concerning

various means of protection against chemical weapons as well as such

information as may be provided by States Parties.

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

at the request of a State Party, provide expert advice and assist the State

Party in identifying how its programmes for the development and

improvement of a protective capacity against chemical weapons could be

implemented.

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

States Parties to request and provide assistance bilaterally and to conclude

individual agreements with other States Parties concerning the emergency

procurement of assistance.

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

and to this end to elect to take one or more of the following measures

(a) To contribute to the voluntary fund for assistance to be established by

the Conference at its first session;

(b) To conclude, if possible not later than 180 days after this Convention

enters into force for it, agreements with the Organization concerning the

procurement, upon demand, of assistance;

(c) To declare, not later than 180 days after this Convention enters into

force for it, the kind of assistance it might provide in response to an

appeal by the Organization. If, however, a State Party subsequently is

unable to provide the assistance envisaged in its declaration, it is still

under the obligation to provide assistance in accordance with this

paragraph.

8. Each State Party has the right to request and, subject to the procedures set

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

forth in paragraphs 9, 10 and 11, to receive assistance and protection against

the use or threat of use of chemical weapons if it considers that

(a) Chemical weapons have been used against it;

(b) Riot control agents have been used against it as a method of warfare; or

(c) It is threatened by actions or activities of any State that are prohibited

for States Parties by Article I.

9. The request, substantiated by relevant information, shall be submitted to the

Director-General, who shall transmit it immediately to the Executive

Council and to all States Parties. The Director-General shall immediately

forward the request to States Parties which have volunteered, in accordance

with paragraphs 7 (b) and (c), to dispatch emergency assistance in case of

use of chemical weapons or use of riot control agents as a method of

warfare, or humanitarian assistance in case of serious threat of use of

chemical weapons or serious threat of use of riot control agents as a method

of warfare to the State Party concerned not later than 12 hours after receipt

of the request. The Director-General shall initiate, not later than 24 hours

after receipt of the request, an investigation in order to provide foundation

for further action. He shall complete the investigation within 72 hours and

forward a report to the Executive Council. If additional time is required for

completion of the investigation, an interim report shall be submitted within

the same time-frame. The additional time required for investigation shall not

exceed 72 hours. It may, however, be further extended by similar periods.

Reports at the end of each additional period shall be submitted to the

Executive Council. The investigation shall, as appropriate and in conformity

with the request and the information accompanying the request, establish

relevant facts related to the request as well as the type and scope of

supplementary assistance and protection needed.

10. The Executive Council shall meet not later than 24 hours after receiving an

investigation report to consider the situation and shall take a decision by

simple majority within the following 24 hours on whether to instruct the

Technical Secretariat to provide supplementary assistance. The Technical

Secretariat shall immediately transmit to all States Parties and relevant

international organizations the investigation report and the decision taken by

the Executive Council. When so decided by the Executive Council, the

Director-General shall provide assistance immediately. For this purpose, the

Director-General may cooperate with the requesting State Party, other States

Parties and relevant international organizations. The States Parties shall

make the fullest possible efforts to provide assistance.

11. If the information available from the ongoing investigation or other reliable

sources would give sufficient proof that there are victims of use of chemical

weapons and immediate action is indispensable, the Director-General shall

notify all States Parties and shall take emergency measures of assistance,

using the resources the Conference has placed at his disposal for such

contingencies. The Director-General shall keep the Executive Council

informed of actions undertaken pursuant to this paragraph.

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 39

ARTICLE XI

ECONOMIC AND TECHNOLOGICAL DEVELOPMENT

1. The provisions of this Convention shall be implemented in a manner which

avoids hampering the economic or technological development of States

Parties, and international cooperation in the field of chemical activities for

purposes not prohibited under this Convention including the international

exchange of scientific and technical information and chemicals and

equipment for the production, processing or use of chemicals for purposes

not prohibited under this Convention.

2. Subject to the provisions of this Convention and without prejudice to the

principles and applicable rules of international law, the States Parties shall

(a) Have the right, individually or collectively, to conduct research with, to

develop, produce, acquire, retain, transfer, and use chemicals;

(b) Undertake to facilitate, and have the right to participate in, the fullest

possible exchange of chemicals, equipment and scientific and technical

information relating to the development and application of chemistry

for purposes not prohibited under this Convention;

(c) Not maintain among themselves any restrictions, including those in any

international agreements, incompatible with the obligations undertaken

under this Convention, which would restrict or impede trade and the

development and promotion of scientific and technological knowledge

in the field of chemistry for industrial, agricultural, research, medical,

pharmaceutical or other peaceful purposes;

(d) Not use this Convention as grounds for applying any measures other

than those provided for, or permitted, under this Convention nor use any

other international agreement for pursuing an objective inconsistent

with this Convention;

(e) Undertake to review their existing national regulations in the field of

trade in chemicals in order to render them consistent with the object and

purpose of this Convention.

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

ARTICLE XII

MEASURES TO REDRESS A SITUATION AND TO ENSURE COMPLIANCE,

INCLUDING SANCTIONS

1. The Conference shall take the necessary measures, as set forth in paragraphs

2, 3 and 4, to ensure compliance with this Convention and to redress and

remedy any situation which contravenes the provisions of this Convention.

In considering action pursuant to this paragraph, the Conference shall take

into account all information and recommendations on the issues submitted

by the Executive Council.

2. In cases where a State Party has been requested by the Executive Council to

take measures to redress a situation raising problems with regard to its

compliance, and where the State Party fails to fulfil the request within the

specified time, the Conference may, inter alia, upon the recommendation of

the Executive Council, restrict or suspend the State Party’s rights and

privileges under this Convention until it undertakes the necessary action to

conform with its obligations under this Convention.

3. In cases where serious damage to the object and purpose of this Convention

may result from activities prohibited under this Convention, in particular by

Article I, the Conference may recommend collective measures to States

Parties in conformity with international law.

4. The Conference shall, in cases of particular gravity, bring the issue,

including relevant information and conclusions, to the attention of the

United Nations General Assembly and the United Nations Security Council.

ARTICLE XIII

RELATION TO OTHER INTERNATIONAL AGREEMENTS

Nothing in this Convention shall be interpreted as in any way limiting or

detracting from the obligations assumed by any State under the Protocol for

the Prohibition of the Use in War of Asphyxiating, Poisonous or Other

Gases, and of Bacteriological Methods of Warfare, signed at Geneva on 17

June 1925, and under the Convention on the Prohibition of the Development,

Production and Stockpiling of Bacteriological (Biological) and Toxin

Weapons and on Their Destruction, signed at London, Moscow and

Washington on 10 April 1972.

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 41

ARTICLE XIV

SETTLEMENT OF DISPUTES

1. Disputes that may arise concerning the application or the interpretation of

this Convention shall be settled in accordance with the relevant provisions

of this Convention and in conformity with the provisions of the Charter of

the United Nations.

2. When a dispute arises between two or more States Parties, or between one or

more States Parties and the Organization, relating to the interpretation or

application of this Convention, the parties concerned shall consult together

with a view to the expeditious settlement of the dispute by negotiation or by

other peaceful means of the parties’ choice, including recourse to

appropriate organs of this Convention and, by mutual consent, referral to the

International Court of Justice in conformity with the Statute of the Court.

The States Parties involved shall keep the Executive Council informed of

actions being taken.

3. The Executive Council may contribute to the settlement of a dispute by

whatever means it deems appropriate, including offering its good offices,

calling upon the States Parties to a dispute to start the settlement process of

their choice and recommending a time-limit for any agreed procedure.

4. The Conference shall consider questions related to disputes raised by States

Parties or brought to its attention by the Executive Council. The Conference

shall, as it finds necessary, establish or entrust organs with tasks related to

the settlement of these disputes in conformity with Article VIII, paragraph

21 (f).

5. The Conference and the Executive Council are separately empowered,

subject to authorization from the General Assembly of the United Nations,

to request the International Court of Justice to give an advisory opinion on

any legal question arising within the scope of the activities of the

Organization. An agreement between the Organization and the United

Nations shall be concluded for this purpose in accordance with Article VIII,

paragraph 34 (a).

6. This Article is without prejudice to Article IX or to the provisions on

measures to redress a situation and to ensure compliance, including

sanctions.

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

ARTICLE XV

AMENDMENTS

1. Any State Party may propose amendments to this Convention. Any State

Party may also propose changes, as specified in paragraph 4, to the Annexes

of this Convention. Proposals for amendments shall be subject to the

procedures in paragraphs 2 and 3. Proposals for changes, as specified in

paragraph 4, shall be subject to the procedures in paragraph 5.

2. The text of a proposed amendment shall be submitted to the Director-

General for circulation to all States Parties and to the Depositary. The

proposed amendment shall be considered only by an Amendment

Conference. Such an Amendment Conference shall be convened if one third

or more of the States Parties notify the Director-General not later than 30

days after its circulation that they support further consideration of the

proposal. The Amendment Conference shall be held immediately following

a regular session of the Conference unless the requesting States Parties ask

for an earlier meeting. In no case shall an Amendment Conference be held

less than 60 days after the circulation of the proposed amendment.

3. Amendments shall enter into force for all States Parties 30 days after deposit

of the instruments of ratification or acceptance by all the States Parties

referred to under sub-paragraph (b) below

(a) When adopted by the Amendment Conference by a positive vote of a

majority of all States Parties with no State Party casting a negative vote;

and

(b) Ratified or accepted by all those States Parties casting a positive vote at

the Amendment Conference.

4. In order to ensure the viability and the effectiveness of this Convention,

provisions in the Annexes shall be subject to changes in accordance with

paragraph 5, if proposed changes are related only to matters of an

administrative or technical nature. All changes to the Annex on Chemicals

shall be made in accordance with paragraph 5. Sections A and C of the

Confidentiality Annex, Part X of the Verification Annex, and those

definitions in Part I of the Verification Annex which relate exclusively to

challenge inspections, shall not be subject to changes in accordance with

paragraph 5.

5. Proposed changes referred to in paragraph 4 shall be made in accordance

with the following procedures

(a) The text of the proposed changes shall be transmitted together with the

necessary information to the Director-General. Additional information

for the evaluation of the proposal may be provided by any State Party

and the Director-General. The Director-General shall promptly

communicate any such proposals and information to all States Parties,

the Executive Council and the Depositary;

(b) Not later than 60 days after its receipt, the Director-General shall

evaluate the proposal to determine all its possible consequences for the

provisions of this Convention and its implementation and shall

communicate any such information to all States Parties and the

Executive Council;

(c) The Executive Council shall examine the proposal in the light of all

information available to it, including whether the proposal fulfils the

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 43

requirements of paragraph 4. Not later than 90 days after its receipt, the

Executive Council shall notify its recommendation, with appropriate

explanations, to all States Parties for consideration. States Parties shall

acknowledge receipt within 10 days;

(d) If the Executive Council recommends to all States Parties that the

proposal be adopted, it shall be considered approved if no State Party

objects to it within 90 days after receipt of the recommendation. If the

Executive Council recommends that the proposal be rejected, it shall be

considered rejected if no State Party objects to the rejection within 90

days after receipt of the recommendation;

(e) If a recommendation of the Executive Council does not meet with the

acceptance required under sub-paragraph (d), a decision on the

proposal, including whether it fulfils the requirements of paragraph 4,

shall be taken as a matter of substance by the Conference at its next

session;

(f) The Director-General shall notify all States Parties and the Depositary

of any decision under this paragraph;

(g) Changes approved under this procedure shall enter into force for all

States Parties 180 days after the date of notification by the Director-

General of their approval unless another time period is recommended by

the Executive Council or decided by the Conference.

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

ARTICLE XVI

DURATION AND WITHDRAWAL

1. This Convention shall be of unlimited duration.

2. Each State Party shall, in exercising its national sovereignty, have the right

to withdraw from this Convention if it decides that extraordinary events,

related to the subject-matter of this Convention, have jeopardized the

supreme interests of its country. It shall give notice of such withdrawal 90

days in advance to all other States Parties, the Executive Council, the

Depositary and the United Nations Security Council. Such notice shall

include a statement of the extraordinary events it regards as having

jeopardized its supreme interests.

3. The withdrawal of a State Party from this Convention shall not in any way

affect the duty of States to continue fulfilling the obligations assumed under

any relevant rules of international law, particularly the Geneva Protocol of

1925. ARTICLE XVII

STATUS OF THE ANNEXES

The Annexes form an integral part of this Convention. Any reference to this

Convention includes the Annexes.

ARTICLE XVIII

SIGNATURE

This Convention shall be open for signature for all States before its entry

into force.

ARTICLE XIX

RATIFICATION

This Convention shall be subject to ratification by States Signatories

according to their respective constitutional processes.

ARTICLE XX

ACCESSION

Any State which does not sign this Convention before its entry into force

may accede to it at any time thereafter.

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 45

ARTICLE XXI

ENTRY INTO FORCE

1. This Convention shall enter into force 180 days after the date of the deposit

of the 65th instrument of ratification, but in no case earlier than two years

after its opening for signature.

2. For States whose instruments of ratification or accession are deposited

subsequent to the entry into force of this Convention, it shall enter into force

on the 30th day following the date of deposit of their instrument of

ratification or accession.

ARTICLE XXII

RESERVATIONS

The Articles of this Convention shall not be subject to reservations. The

Annexes of this Convention shall not be subject to reservations incompatible

with its object and purpose.

ARTICLE XXIII

DEPOSITARY

The Secretary-General of the United Nations is hereby designated as the

Depositary of this Convention and shall, inter alia

(a) Promptly inform all signatory and acceding States of the date of each

signature, the date of deposit of each instrument of ratification or

accession and the date of the entry into force of this Convention, and of

the receipt of other notices;

(b) Transmit duly certified copies of this Convention to the Governments of

all signatory and acceding States; and

(c) Register this Convention pursuant to Article 102 of the Charter of the

United Nations.

ARTICLE XXIV

AUTHENTIC TEXTS

This Convention, of which the Arabic, Chinese, English, French, Russian

and Spanish texts are equally authentic, shall be deposited with the

Secretary-General of the United Nations.

IN WITNESS WHEREOF the undersigned, being duly authorized to that

effect, have signed this Convention.

Done at Paris on the thirteenth day of January, one thousand nine hundred

and ninety-three.

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

ANNEX ON CHEMICALS

CONTENTS

A.

GUIDELINES FOR SCHEDULES OF CHEMICALS

B.

SCHEDULES OF CHEMICALS

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 47

GUIDELINES FOR SCHEDULES OF CHEMICALS

Guidelines for Schedule 1

1. The following criteria shall be taken into account in considering whether a

toxic chemical or precursor should be included in Schedule 1

(a) It has been developed, produced, stockpiled or used as a chemical

weapon as defined in Article II;

(b) It poses otherwise a high risk to the object and purpose of this

Convention by virtue of its high potential for use in activities prohibited

under this Convention because one or more of the following conditions

are met

(i) It possesses a chemical structure closely related to that of other

toxic chemicals listed in Schedule l, and has, or can be expected

to have, comparable properties;

(ii) It possesses such lethal or incapacitating toxicity as well as other

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

(iii) It may be used as a precursor in the final single technological

stage of production of a toxic chemical listed in Schedule l,

regardless of whether this stage takes place in facilities, in

munitions or elsewhere;

(c) It has little or no use for purposes not prohibited under this Convention.

Guidelines for Schedule 2

2. The following criteria shall be taken into account in considering whether a

toxic chemical not listed in Schedule 1 or a precursor to a Schedule 1

chemical or to a chemical listed in Schedule 2, part A, should be included in

Schedule 2

(a) It poses a significant risk to the object and purpose of this Convention

because it possesses such lethal or incapacitating toxicity as well as

other properties that could enable it to be used as a chemical weapon;

(b) It may be used as a precursor in one of the chemical reactions at the

final stage of formation of a chemical listed in Schedule 1 or Schedule

2, part A;

(c) It poses a significant risk to the object and purpose of this Convention

by virtue of its importance in the production of a chemical listed in

Schedule 1 or Schedule 2, part A;

(d) It is not produced in large commercial quantities for purposes not

prohibited under this Convention.

Guidelines for Schedule 3

3. The following criteria shall be taken into account in considering whether a

toxic chemical or precursor, not listed in other Schedules, should be

included in Schedule 3

(a) It has been produced, stockpiled or used as a chemical weapon;

(b) It poses otherwise a risk to the object and purpose of this Convention

because it possesses such lethal or incapacitating toxicity as well as

other properties that might enable it to be used as a chemical weapon;

(c) It poses a risk to the object and purpose of this Convention by virtue of

its importance in the production of one or more chemicals listed in

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

Schedule 1 or Schedule 2, part B;

(d) It may be produced in large commercial quantities for purposes not

prohibited under this Convention.

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 49

SCHEDULES OF CHEMICALS

The following Schedules list toxic chemicals and their precursors. For the

purpose of implementing this Convention, these Schedules identify

chemicals for the application of verification measures according to the

provisions of the Verification Annex. Pursuant to Article II, sub-paragraph 1

(a), these Schedules do not constitute a definition of chemical weapons.

(Whenever reference is made to groups of dialkylated chemicals, followed

by a list of alkyl groups in parentheses, all chemicals possible by all possible

combinations of alkyl groups listed in the parentheses are considered as

listed in the respective Schedule as long as they are not explicitly exempted.

A chemical marked "*" on Schedule 2, part A, is subject to special

thresholds for declaration and verification, as specified in Part VII of the

Verification Annex.)

Schedule 1

(CAS registry

number)

Toxic chemicals

(1)

O-Alkyl (<C 10 , incl. cycloalkyl) alkyl

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

e.g. Sarin: O-Isopropyl methylphosphonofluoridate

(107-44-8)

Soman: O-Pinacolyl methylphosphonofluoridate

(96-64-0)

(2)

O-Alkyl (<C 10 , incl. cycloalkyl) N,N-dialkyl

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

e.g. Tabun: O-Ethyl N,N-dimethyl

phosphoramidocyanidate

(77-81-6)

(3)

O-Alkyl (H or <C 10 , incl. cycloalkyl) S-2-dialkyl

(Me, Et, n-Pr or i-Pr)-aminoethyl alkyl

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

corresponding alkylated or protonated salts

e.g. VX: O-Ethyl S-2-diisopropylaminoethyl

methyl phosphonothiolate

(50782-69-9)

(4)

Sulfur mustards

2-Chloroethylchloromethylsulfide

(2625-76-5)

Mustard gas: Bis(2-chloroethyl)sulfide

(505-60-2)

Bis(2-chloroethylthio)methane

(63869-13-6)

Sesquimustard: 1,2-Bis(2-chloroethylthio)ethane

(3563-36-8)

1,3-Bis(2-chloroethylthio)-n-propane

(63905-10-2)

1,4-Bis(2-chloroethylthio)-n-butane

(142868-93-7)

1,5-Bis(2-chloroethylthio)-n-pentane

(142868-94-8)

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

Bis(2-chloroethylthiomethyl)ether

(63918-90-1)

O-Mustard: Bis(2-chloroethylthioethyl)ether

(63918-89-8)

(5)

Lewisites

Lewisite 1: 2-Chlorovinyldichloroarsine

(541-25-3)

Lewisite 2: Bis(2-chlorovinyl)chloroarsine

(40334-69-8)

Lewisite 3: Tris(2-chlorovinyl)arsine

(40334-70-1)

(6)

Nitrogen mustards

HN1: Bis(2-chloroethyl)ethylamine

(538-07-8)

HN2: Bis(2-chloroethyl)methylamine

(51-75-2)

HN3: Tris(2-chloroethyl)amine

(555-77-1)

(7)

Saxitoxin

(35523-89-8)

(8)

Ricin

(9009-86-3)

B.

Precursors

(9)

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

e.g. DF: Methylphosphonyldifluoride

(676-99-3)

(10) O-Alkyl (H or <C 10 , incl. cycloalkyl) O-2-dialkyl

(Me, Et, n-Pr or i-Pr)-aminoethyl alkyl

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

corresponding alkylated or protonated salts

e.g. QL: O-Ethyl O-2-diisopropylaminoethyl

methylphosphonite

(57856-11-8)

(11) Chlorosarin: O-Isopropyl methylphosphonochloridate

(1445-76-7)

(12) Chlorosoman: O-Pinacolyl methylphosphonochloridate

(7040-57-5)

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 51

Schedule 2

A.

Toxic chemicals

(1)

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

phosphorothiolate

and corresponding alkylated or protonated salts

(2)

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

(3)

BZ: 3-Quinuclidinyl benzilate (*)

B.

Precursors

(4)

Chemicals, except for those listed in Schedule 1,

containing a phosphorus atom to which is bonded

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

but not further carbon atoms,

e.g. Methylphosphonyl dichloride

Dimethyl methylphosphonate

Exemption

Fonofos: O-Ethyl S-phenyl

ethylphosphonothiolothionate

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

(6)

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

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

(7)

Arsenic trichloride

(8)

2,2-Diphenyl-2-hydroxyacetic acid

(9)

Quinuclidin-3-ol

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

and corresponding protonated salts

(11) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols

and corresponding protonated salts

Exemptions: N,N-Dimethylaminoethanol

and corresponding protonated salts

N,N-Diethylaminoethanol

and corresponding protonated salts

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

and corresponding protonated salts

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

(13) Thiodiglycol: Bis(2-hydroxyethyl)sulfide

(111-48-8)

(14) Pinacolyl alcohol: 3,3-Dimethylbutan-2-ol

(464-07-3)

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 53

Schedule 3

A.

Toxic chemicals

(1)

Phosgene: Carbonyl dichloride

(75-44-5)

(2)

Cyanogen chloride

(506-77-4)

(3)

Hydrogen cyanide

(74-90-8)

(4)

Chloropicrin: Trichloronitromethane

(76-06-2)

B.

Precursors

(5)

Phosphorus oxychloride

(10025-87-3)

(6)

Phosphorus trichloride

(7719-12-2)

(7)

Phosphorus pentachloride

(10026-13-8)

(8)

Trimethyl phosphite

(121-45-9)

(9)

Triethyl phosphite

(122-52-1)

(10) Dimethyl phosphite

(868-85-9)

(11) Diethyl phosphite

(762-04-9)

(12) Sulfur monochloride

(10025-67-9)

(13) Sulfur dichloride

(10545-99-0)

(14) Thionyl chloride

(7719-09-7)

(15) Ethyldiethanolamine

(139-87-7)

(16) Methyldiethanolamine

(105-59-9)

(17) Triethanolamine

(102-71-6)

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

ANNEX ON IMPLEMENTATION AND VERIFICATION

("VERIFICATION ANNEX")

CONTENTS

PART I

DEFINITIONS

PART II

GENERAL RULES OF VERIFICATION

A.

DESIGNATION

OF

INSPECTORS

AND

INSPECTION

ASSISTANTS

B.

PRIVILEGES AND IMMUNITIES

C.

STANDING ARRANGEMENTS

Points of entry

Arrangements for use of non-scheduled aircraft

Administrative arrangements

Approved equipment

D.

PRE-INSPECTION ACTIVITIES

Notification

Entry into the territory of the inspected State Party

or Host State and transfer to the inspection site

Pre-inspection briefing

E.

CONDUCT OF INSPECTIONS

General rules

Safety

Communications

Inspection team and inspected State Party rights

Collection, handling and analysis of samples

Extension of inspection duration

Debriefing

F.

DEPARTURE

G.

REPORTS

H.

APPLICATION OF GENERAL PROVISIONS

PART III

GENERAL PROVISIONS FOR VERIFICATION MEASURES

PURSUANT TO ARTICLES IV, V AND VI, PARAGRAPH 3

A.

INITIAL INSPECTIONS AND FACILITY AGREEMENTS

B.

STANDING ARRANGEMENTS

C.

PRE-INSPECTION ACTIVITIES

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 55

CONTENTS (continued)

PART IV (A): DESTRUCTION OF CHEMICAL WEAPONS

AND

ITS

VERIFICATION PURSUANT TO ARTICLE IV

DECLARATIONS

Chemical weapons

Declarations of chemical weapons pursuant to

Article III, paragraph 1 (a) (iii)

Declarations of past transfers and receipts

Submission of the general plan for destruction of

chemical weapons

MEASURES TO SECURE THE STORAGE FACILITY AND

STORAGE FACILITY PREPARATION

DESTRUCTION

Principles and methods for destruction of chemical

weapons

Order of destruction

Modification of intermediate destruction deadlines

Extension of the deadline for completion of destruction

Detailed annual plans for destruction

Annual reports on destruction

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

OLD CHEMICAL WEAPONS AND ABANDONED CHEMICAL

WEAPONS

GENERAL

REGIME FOR OLD CHEMICAL WEAPONS

REGIME FOR ABANDONED CHEMICAL WEAPONS

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

CONTENTS (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 1 (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 destruction 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

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 57

CONTENTS (continued)

CONVERSION OF CHEMICAL WEAPONS PRODUCTION

FACILITIES TO PURPOSES NOT PROHIBITED UNDER THIS

CONVENTION

Procedures for requesting conversion

Actions pending a decision

Conditions for conversion

Decisions by the Executive Council and the Conference

Detailed plans for conversion

Review of detailed plans

ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION

IN ACCORDANCE WITH ARTICLE VI

REGIME FOR SCHEDULE 1 CHEMICALS AND FACILITIES

RELATED TO SUCH CHEMICALS

GENERAL PROVISIONS

TRANSFERS

PRODUCTION

General principles for production

Single small-scale facility

Other facilities

DECLARATIONS

Single small-scale facility

Other facilities referred to in paragraphs 10 and 11

VERIFICATION

Single small-scale facility

Other facilities referred to in paragraphs 10 and 11

ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION

IN ACCORDANCE WITH ARTICLE VI

REGIME FOR SCHEDULE 2 CHEMICALS AND FACILITIES

RELATED TO SUCH CHEMICALS

DECLARATIONS

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

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

CONTENTS (continued)

B.

VERIFICATION

General

Inspection aims

Initial inspections

Inspections

Inspection procedures

Notification of inspection

C.

TRANSFERS TO

STATES

NOT

PARTY

TO

THIS

CONVENTION

PART VIII

ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION

IN ACCORDANCE WITH ARTICLE VI

REGIME FOR SCHEDULE 3 CHEMICALS AND FACILITIES

RELATED TO SUCH CHEMICALS

A.

DECLARATIONS

Declarations of aggregate national data

Declarations of plant sites producing Schedule 3 chemicals

Declarations on past production of Schedule 3 chemicals

for chemical weapons purposes

Information to States Parties

B.

VERIFICATION

General

Inspection aims

Inspection procedures

Notification of inspection

C.

TRANSFERS TO

STATES

NOT

PARTY

TO

THIS

CONVENTION

PART IX

ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION

IN ACCORDANCE WITH ARTICLE VI

REGIME

FOR

OTHER

CHEMICAL

PRODUCTION

FACILITIES

A.

DECLARATIONS

List of other chemical production facilities

Assistance by the Technical Secretariat

Information to States Parties

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 59

CONTENTS (continued)

VERIFICATION

General

Inspection aims

Inspection procedures

Notification of inspection

IMPLEMENTATION AND REVIEW OF SECTION B

Implementation

Review

CHALLENGE INSPECTIONS PURSUANT TO ARTICLE IX

DESIGNATION AND SELECTION OF INSPECTORS AND

INSPECTION ASSISTANTS

PRE-INSPECTION ACTIVITIES

Notification

Entry into the territory of the inspected State Party

or the Host State

Alternative determination of final perimeter

Verification of location

Securing the site, exit monitoring

Pre-inspection briefing and inspection plan

Perimeter activities

CONDUCT OF INSPECTIONS

General rules

Managed access

Observer

Duration of inspection

POST-INSPECTION ACTIVITIES

Departure

Reports

INVESTIGATIONS IN CASES

OF ALLEGED

USE

OF

CHEMICAL WEAPONS

GENERAL

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

CONTENTS (continued)

B.

PRE-INSPECTION ACTIVITIES

Request for an investigation

Notification

Assignment of inspection team

Dispatch of inspection team

Briefings

C.

CONDUCT OF INSPECTIONS

Access

Sampling

Extension of inspection site

Extension of inspection duration

Interviews

D.

REPORTS

Procedures

Contents

E.

STATES NOT PARTY TO THIS CONVENTION

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 61

PART I

DEFINITIONS

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

performance of the inspection team’s duties that have been certified by the

Technical Secretariat in accordance with regulations prepared by the

Technical Secretariat pursuant to Part II, paragraph 27 of this Annex. Such

equipment may also refer to the administrative supplies or recording

materials that would be used by the inspection team.

2. "Building" as referred to in the definition of chemical weapons production

facility in Article II comprises specialized buildings and standard buildings.

(a) "Specialized Building" means

(i) Any building, including underground structures, containing

specialized equipment in a production or filling configuration;

(ii) Any building, including underground structures, which has

distinctive features which distinguish it from buildings normally

used for chemical production or filling activities not prohibited

under this Convention.

(b) "Standard Building" means any building, including underground

structures, constructed to prevailing industry standards for facilities not

producing any chemical specified in Article II, paragraph 8 (a) (i), or

corrosive chemicals.

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

the territory or in any other place under the jurisdiction or control of a State

Party requested by another State Party pursuant to Article IX, paragraphs 8

to 25.

4. "Discrete Organic Chemical" means any chemical belonging to the class of

chemical compounds consisting of all compounds of carbon except for its

oxides, sulfides and metal carbonates, identifiable by chemical name, by

structural formula, if known, and by Chemical Abstracts Service registry

number, if assigned.

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

facility in Article II comprises specialized equipment and standard

equipment.

(a) "Specialized Equipment" means

(i) The main production train, including any reactor or equipment for

product synthesis, separation or purification, any equipment used

directly for heat transfer in the final technological stage, such as

in reactors or in product separation, as well as any other

equipment which has been in contact with any chemical specified

in Article II, paragraph 8 (a) (i), or would be in contact with such

a chemical if the facility were operated;

(ii) Any chemical weapon filling machines;

(iii) Any other equipment specially designed, built or installed for the

operation of the facility as a chemical weapons production

facility, as distinct from a facility constructed according to

prevailing commercial industry standards for facilities not

producing any chemical specified in Article II, paragraph 8 (a)

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

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

nickel alloys or other special corrosion-resistant material; special

equipment for waste control, waste treatment, air filtering, or

solvent recovery; special containment enclosures and safety

shields; non-standard laboratory equipment used to analyse toxic

chemicals for chemical weapons purposes; custom-designed

process control panels; or dedicated spares for specialized

equipment.

(b) "Standard Equipment" means

(i) Production equipment which is generally used in the chemical

industry and is not included in the types of specialized equipment;

(ii) Other equipment commonly used in the chemical industry, such

as: fire-fighting equipment; guard and security/safety surveillance

equipment; medical facilities, laboratory facilities; or

communications equipment.

6. "Facility" in the context of Article VI means any of the industrial sites as

defined below ("plant site","plant" and "unit").

(a) "Plant Site" (Works, Factory) means the local integration of one or more

plants, with any intermediate administrative levels, which are under one

operational control, and includes common infrastructure, such as

(i) Administration and other offices;

(ii) Repair and maintenance shops;

(iii) Medical centre;

(iv) Utilities;

(v) Central analytical laboratory;

(vi) Research and development laboratories;

(vii) Central effluent and waste treatment area; and

(viii) Warehouse storage.

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

contained area, structure or building containing one or more units with

auxiliary and associated infrastructure, such as

(i) Small administrative section;

(ii) Storage/handling areas for feedstock and products;

(iii) Effluent/waste handling/treatment area;

(iv) Control/analytical laboratory;

(v) First aid service/related medical section; and

(vi) Records associated with the movement into, around and from the

site, of declared chemicals and their feedstock or product

chemicals formed from them, as appropriate.

(c) "Unit" (Production unit, Process unit) means the combination of those

items of equipment, including vessels and vessel set up, necessary for

the production, processing or consumption of a chemical.

7. "Facility Agreement" means an agreement or arrangement between a State

Party and the Organization relating to a specific facility subject to on-site

verification pursuant to Articles IV, V and VI.

8. "Host State" means the State on whose territory lie facilities or areas of

another State, Party to this Convention, which are subject to inspection

under this Convention.

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 63

9. "In-Country Escort" means individuals specified by the inspected State

Party and, if appropriate, by the Host State, if they so wish, to accompany

and assist the inspection team during the in-country period.

10. "In-Country Period" means the period from the arrival of the inspection

team at a point of entry until its departure from the State at a point of entry.

11. "Initial Inspection" means the first on-site inspection of facilities to verify

declarations submitted pursuant to Articles III, IV, V and VI and this Annex.

12. "Inspected State Party" means the State Party on whose territory or in any

other place under its jurisdiction or control an inspection pursuant to this

Convention takes place, or the State Party whose facility or area on the

territory of a Host State is subject to such an inspection; it does not,

however, include the State Party specified in Part II, paragraph 21 of this

Annex.

13. "Inspection Assistant" means an individual designated by the Technical

Secretariat as set forth in Part II, Section A, of this Annex to assist

i n s p e c t o r s i n a n i n s p e c t i o n o r vi s i t , s u c h a s m e d i c a l , se c u r i t y a nd

administrative personnel and interpreters.

14. "Inspection Mandate" means the instructions issued by the Director-General

to the inspection team for the conduct of a particular inspection.

15. "Inspection Manual" means the compilation of additional procedures for the

conduct of inspections developed by the Technical Secretariat.

16. "Inspection Site" means any facility or area at which an inspection is carried

out and which is specifically defined in the respective facility agreement or

inspection request or mandate or inspection request as expanded by the

alternative or final perimeter.

17. "Inspection Team" means the group of inspectors and inspection assistants

assigned by the Director-General to conduct a particular inspection.

"Inspector" means an individual designated by the Technical Secretariat

according to the procedures as set forth in Part II, Section A, of this Annex,

to carry out an inspection or visit in accordance with this Convention.

19. "Model Agreement" means a document specifying the general form and

content for an agreement concluded between a State Party and the

Organization for fulfilling the verification provisions specified in this

Annex.

20. "Observer" means a representative of a requesting State Party or a third

State Party to observe a challenge inspection.

21. "Perimeter" in case of challenge inspection means the external boundary of

the inspection site, defined by either geographic coordinates or description

on a map.

(a) "Requested Perimeter" means the inspection site perimeter as specified

in conformity with Part X, paragraph 8, of this Annex;

(b) "Alternative Perimeter" means the inspection site perimeter as

specified, alternatively to the requested perimeter, by the inspected

State Party; it shall conform to the requirements specified in Part X,

paragraph 17, of this Annex;

(c) "Final Perimeter" means the final inspection site perimeter as agreed in

negotiations between the inspection team and the inspected State Party,

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

in accordance with Part X, paragraphs 16 to 21, of this Annex;

(d) "Declared Perimeter" means the external boundary of the facility

declared pursuant to Articles III, IV, V and VI.

22. "Period of Inspection", for the purposes of Article IX, means the period of

time from provision of access to the inspection team to the inspection site

until its departure from the inspection site, exclusive of time spent on

briefings before and after the verification activities.

23. "Period of Inspection", for the purposes of Articles IV, V and VI, means the

period of time from arrival of the inspection team at the inspection site until

its departure from the inspection site, exclusive of time spent on briefings

before and after the verification activities.

24. "Point of Entry"/"Point of Exit" means a location designated for the in-

country arrival of inspection teams for inspections pursuant to this

Convention or for their departure after completion of their mission.

25. "Requesting State Party" means a State Party which has requested a

challenge inspection pursuant to Article IX.

26. "Tonne" means metric ton, i.e. 1,000 kg.

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 65

PART II

GENERAL RULES OF VERIFICATION

DESIGNATION OF INSPECTORS AND INSPECTION ASSISTANTS

1. Not later than 30 days after entry into force of this Convention the Technical

Secretariat shall communicate, in writing, to all States Parties the names,

nationalities and ranks of the inspectors and inspection assistants proposed

for designation, as well as a description of their qualifications and

professional experiences.

2. Each State Party shall immediately acknowledge receipt of the list of

inspectors and inspection assistants, proposed for designation communicated

to it. The State Party shall inform the Technical Secretariat in writing of its

acceptance of each inspector and inspection assistant, not later than 30 days

after acknowledgement of receipt of the list. Any inspector and inspection

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

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

declares its non-acceptance in writing. The State Party may include the

reason for the objection.

In the case of non-acceptance, the proposed inspector or inspection assistant

shall not undertake or participate in verification activities on the territory or

in any other place under the jurisdiction or control of the State Party which

has declared its non-acceptance. The Technical Secretariat shall, as

necessary, submit further proposals in addition to the original list.

3. Verification activities under this Convention shall only be performed by

designated inspectors and inspection assistants.

4. Subject to the provisions of paragraph 5, a State Party has the right at any

time to object to an inspector or inspection assistant who has already been

designated. It shall notify the Technical Secretariat of its objection in

writing and may include the reason for the objection. Such objection shall

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

Technical Secretariat shall immediately inform the State Party concerned of

the withdrawal of the designation of the inspector or inspection assistant.

5. A State Party that has been notified of an inspection shall not seek to have

removed from the inspection team for that inspection any of the designated

inspectors or inspection assistants named in the inspection team list.

6. The number of inspectors or inspection assistants accepted by and

designated to a State Party must be sufficient to allow for availability and

rotation of appropriate numbers of inspectors and inspection assistants.

7. If, in the opinion of the Director-General, the non-acceptance of proposed

inspectors or inspection assistants impedes the designation of a sufficient

number of inspectors or inspection assistants or otherwise hampers the

effective fulfilment of the tasks of the Technical Secretariat, the Director-

General shall refer the issue to the Executive Council.

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

inspection assistants are necessary or requested, replacement inspectors and

inspection assistants shall be designated in the same manner as set forth with

respect to the initial list.

9. The members of the inspection team carrying out an inspection of a facility

of a State Party located on the territory of another State Party shall be

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

designated in accordance with the procedures set forth in this Annex as

applied both to the inspected State Party and the Host State Party.

PRIVILEGES AND IMMUNITIES

10. Each State Party shall, not later than 30 days after acknowledgement of

receipt of the list of inspectors and inspection assistants or of changes

thereto, provide multiple entry/exit and/or transit visas and other such

documents to enable each inspector or inspection assistant to enter and to

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

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

after their provision to the Technical Secretariat.

11. To exercise their functions effectively, inspectors and inspection assistants

shall be accorded privileges and immunities as set forth in sub-paragraphs

(a) to (i). Privileges and immunities shall be granted to members of the

inspection team for the sake of this Convention and not for the personal

benefit of the individuals themselves. Such privileges and immunities shall

be accorded to them for the entire period between arrival on and departure

from the territory of the inspected State Party or Host State, and thereafter

with respect to acts previously performed in the exercise of their official

functions.

(a) The members of the inspection team shall be accorded the inviolability

enjoyed by diplomatic agents pursuant to Article 29 of the Vienna

Convention on Diplomatic Relations of 18 April 1961.

(b) The living quarters and office premises occupied by the inspection team

carrying out inspection activities pursuant to this Convention shall be

accorded the inviolability and protection accorded to the premises of

diplomatic agents pursuant to Article 30, paragraph l, of the Vienna

Convention on Diplomatic Relations.

(c) The papers and correspondence, including records, of the inspection

team shall enjoy the inviolability accorded to all papers and

correspondence of diplomatic agents pursuant to Article 30, paragraph

2, of the Vienna Convention on Diplomatic Relations. The inspection

team shall have the right to use codes for their communications with the

Technical Secretariat.

(d) Samples and approved equipment carried by members of the inspection

team shall be inviolable subject to provisions contained in this

Convention and exempt from all customs duties. Hazardous samples

shall be transported in accordance with relevant regulations.

(e) The members of the inspection team shall be accorded the immunities

accorded to diplomatic agents pursuant to Article 31, paragraphs 1, 2

and 3, of the Vienna Convention on Diplomatic Relations.

(f) The members of the inspection team carrying out prescribed activities

pursuant to this Convention shall be accorded the exemption from dues

and taxes accorded to diplomatic agents pursuant to Article 34 of the

Vienna Convention on Diplomatic Relations.

(g) The members of the inspection team shall be permitted to bring into the

territory of the inspected State Party or Host State Party, without

payment of any customs duties or related charges, articles for personal

use, with the exception of articles the import or export of which is

prohibited by law or controlled by quarantine regulations.

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 67

(h) The members of the inspection team shall be accorded the same

currency and exchange facilities as are accorded to representatives of

foreign Governments on temporary official missions.

(i) The members of the inspection team shall not engage in any

professional or commercial activity for personal profit on the territory

of the inspected State Party or the Host State.

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

the inspection team shall be accorded the privileges and immunities enjoyed

by diplomatic agents pursuant to Article 40, paragraph 1, of the Vienna

Convention on Diplomatic Relations. Papers and correspondence, including

records, and samples and approved equipment, carried by them, shall be

accorded the privileges and immunities set forth in paragraph 11 (c) and (d).

13. Without prejudice to their privileges and immunities the members of the

inspection team shall be obliged to respect the laws and regulations of the

inspected State Party or Host State and, to the extent that is consistent with

the inspection mandate, shall be obliged not to interfere in the internal

affairs of that State. If the inspected State Party or Host State Party considers

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

Annex, consultations shall be held between the State Party and the Director-

General to determine whether such an abuse has occurred and, if so

determined, to prevent a repetition of such an abuse.

14. The immunity from jurisdiction of members of the inspection team may be

waived by the Director-General in those cases when the Director-General is

of the opinion that immunity would impede the course of justice and that it

can be waived without prejudice to the implementation of the provisions of

this Convention. Waiver must always be express.

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

inspectors pursuant to this section, except for those accorded pursuant to

paragraph 11 (d).

STANDING ARRANGEMENTS

Points of entry

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

required information to the Technical Secretariat not later than 30 days after

this Convention enters into force for it. These points of entry shall be such

that the inspection team can reach any inspection site from at least one point

of entry within 12 hours. Locations of points of entry shall be provided to all

States Parties by the Technical Secretariat.

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

change to the Technical Secretariat. Changes shall become effective 30 days

a f t e r t h e Te c h n i c a l S e c r e t a r i a t r e c e i v e s s u c h no t i f i c a t i o n t o al l o w

appropriate notification to all States Parties.

18. If the Technical Secretariat considers that there are insufficient points of

entry for the timely conduct of inspections or that changes to the points of

entry proposed by a State Party would hamper such timely conduct of

inspections, it shall enter into consultations with the State Party concerned

to resolve the problem.

19. In cases where facilities or areas of an inspected State Party are located on

the territory of a Host State Party or where the access from the point of entry

to the facilities or areas subject to inspection requires transit through the

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

territory of another State Party, the inspected State Party shall exercise the

rights and fulfil the obligations concerning such inspections in accordance

with this Annex. The Host State Party shall facilitate the inspection of those

facilities or areas and shall provide for the necessary support to enable the

inspection team to carry out its tasks in a timely and effective manner. States

Parties through whose territory transit is required to inspect facilities or

areas of an inspected State Party shall facilitate such transit.

20. In cases where facilities or areas of an inspected State Party are located on

the territory of a State not Party to this Convention, the inspected State Party

shall take all necessary measures to ensure that inspections of those facilities

or areas can be carried out in accordance with the provisions of this Annex.

A State Party that has one or more facilities or areas on the territory of a

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

acceptance by the Host State of inspectors and inspection assistants

designated to that State Party. If an inspected State Party is unable to ensure

access, it shall demonstrate that it took all necessary measures to ensure

access.

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

the territory of a State Party, but in a place under the jurisdiction or control

of a State not Party to this Convention, the State Party shall take all

necessary measures as would be required of an inspected State Party and a

Host State Party to ensure that inspections of such facilities or areas can be

carried out in accordance with the provisions of this Annex. If the State

Party is unable to ensure access to those facilities or areas, it shall

demonstrate that it took all necessary measures to ensure access. This

paragraph shall not apply where the facilities or areas sought to be inspected

are those of the State Party.

Arrangements for use of non-scheduled aircraft

22. For inspections pursuant to Article IX and for other inspections where

timely travel is not feasible using scheduled commercial transport, an

inspection team may need to utilize aircraft owned or chartered by the

Technical Secretariat. Not later than 30 days after this Convention enters

into force for it, each State Party shall inform the Technical Secretariat of

the standing diplomatic clearance number for non-scheduled aircraft

transporting inspection teams and equipment necessary for inspection into

and out of the territory in which an inspection site is located. Aircraft

routings to and from the designated point of entry shall be along established

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

Technical Secretariat as the basis for such diplomatic clearance.

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

provide the inspected State Party with a flight plan, through the National

Authority, for the aircraft’s flight from the last airfield prior to entering the

airspace of the State in which the inspection site is located to the point of

entry, not less than six hours before the scheduled departure time from that

airfield. Such a plan shall be filed in accordance with the procedures of the

International Civil Aviation Organization applicable to civil aircraft. For its

owned or chartered flights, the Technical Secretariat shall include in the

remarks section of each flight plan the standing diplomatic clearance

number and the appropriate notation identifying the aircraft as an inspection

aircraft.

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

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 69

team from the last airfield prior to entering the airspace of the State in which

the inspection is to take place, the inspected State Party or Host State Party

shall ensure that the flight plan filed in accordance with paragraph 23 is

approved so that the inspection team may arrive at the point of entry by the

estimated arrival time.

25. The inspected State Party shall provide parking, security protection,

servicing and fuel as required by the Technical Secretariat for the aircraft of

the inspection team at the point of entry when such aircraft is owned or

chartered by the Technical Secretariat. Such aircraft shall not be liable for

landing fees, departure tax, and similar charges. The Technical Secretariat

shall bear the cost of such fuel, security protection and servicing.

Administrative arrangements

26. The inspected State Party shall provide or arrange for the amenities

necessary for the inspection team such as communication means,

interpretation services to the extent necessary for the performance of

interviewing and other tasks, transportation, working space, lodging, meals

and medical care. In this regard, the inspected State Party shall be

reimbursed by the Organization for such costs incurred by the inspection

team.

Approved equipment

27. Subject to paragraph 29, there shall be no restriction by the inspected State

Party on the inspection team bringing onto the inspection site such

equipment, approved in accordance with paragraph 28, which the Technical

Secretariat has determined to be necessary to fulfil the inspection

requirements. The Technical Secretariat shall prepare and, as appropriate,

update a list of approved equipment, which may be needed for the purposes

described above, and regulations governing such equipment which shall be

in accordance with this Annex. In establishing the list of approved

equipment and these regulations, the Technical Secretariat shall ensure that

safety considerations for all the types of facilities at which such equipment

is likely to be used, are taken fully into account. A list of approved

equipment shall be considered and approved by the Conference pursuant to

Article VIII, paragraph 21 (i).

28. The equipment shall be in the custody of the Technical Secretariat and be

designated, calibrated and approved by the Technical Secretariat. The

Technical Secretariat shall, to the extent possible, select that equipment

which is specifically designed for the specific kind of inspection required.

Designated and approved equipment shall be specifically protected against

unauthorized alteration.

29. The inspected State Party shall have the right, without prejudice to the

prescribed time-frames, to inspect the equipment in the presence of

inspection team members at the point of entry, i.e., to check the identity of

the equipment brought in or removed from the territory of the inspected

State Party or the Host State. To facilitate such identification, the Technical

Secretariat shall attach documents and devices to authenticate its

designation and approval of the equipment. The inspection of the equipment

shall also ascertain to the satisfaction of the inspected State Party that the

equipment meets the description of the approved equipment for the

particular type of inspection. The inspected State Party may exclude

equipment not meeting that description or equipment without the above-

mentioned authentication documents and devices. Procedures for the

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

inspection of equipment shall be considered and approved by the Conference

pursuant to Article VIII, paragraph 21 (i).

30. In cases where the inspection team finds it necessary to use equipment

available on site not belonging to the Technical Secretariat and requests the

inspected State Party to enable the team to use such equipment, the inspected

State Party shall comply with the request to the extent it can.

PRE-INSPECTION ACTIVITIES

Notification

31. The Director-General shall notify the State Party before the planned arrival

of the inspection team at the point of entry and within the prescribed time-

frames, where specified, of its intention to carry out an inspection.

32. Notifications made by the Director-General shall include the following

information

(a)

The type of inspection;

(b)

The point of entry;

(c)

The date and estimated time of arrival at the point of entry;

(d)

The means of arrival at the point of entry;

(e)

The site to be inspected;

(f)

The names of inspectors and inspection assistants;

(g)

If appropriate, aircraft clearance for special flights.

33. The inspected State Party shall acknowledge the receipt of a notification by

the Technical Secretariat of an intention to conduct an inspection, not later

than one hour after receipt of such notification.

34. In the case of an inspection of a facility of a State Party located on the

territory of another State Party, both States Parties shall be simultaneously

notified in accordance with paragraphs 31 and 32.

Entry into the territory of the inspected State Party or Host State and transfer to

the inspection site

35. The inspected State Party or Host State Party which has been notified of the

arrival of an inspection team, shall ensure its immediate entry into the

territory and shall through an in-country escort or by other means do

everything in its power to ensure the safe conduct of the inspection team and

its equipment and supplies, from its point of entry to the inspection site(s)

and to a point of exit.

36. The inspected State Party or Host State Party shall, as necessary, assist the

inspection team in reaching the inspection site not later than 12 hours after

the arrival at the point of entry.

Pre-inspection briefing

37. Upon arrival at the inspection site and before the commencement of the

inspection, the inspection team shall be briefed by facility representatives,

with the aid of maps and other documentation as appropriate, on the facility,

the activities carried out there, safety measures and administrative and

logistic arrangements necessary for the inspection. The time spent for the

briefing shall be limited to the minimum necessary and in any event not

exceed three hours.

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 71

CONDUCT OF INSPECTIONS

General rules

38. The members of the inspection team shall discharge their functions in

accordance with the provisions of this Convention, as well as rules

established by the Director-General and facility agreements concluded

between States Parties and the Organization.

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

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

mandate.

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

timely and effective discharge of its functions and the least possible

inconvenience to the inspected State Party or Host State and disturbance to

the facility or area inspected. The inspection team shall avoid unnecessarily

hampering or delaying the operation of a facility and avoid affecting its

safety. In particular, the inspection team shall not operate any facility. If

inspectors consider that, to fulfil their mandate, particular operations should

be carried out in a facility, they shall request the designated representative of

the inspected facility to have them performed. The representative shall carry

out the request to the extent possible.

41. In the performance of their duties on the territory of an inspected State Party

or Host State, the members of the inspection team shall, if the inspected

State Party so requests, be accompanied by representatives of the inspected

State Party, but the inspection team must not thereby be delayed or otherwise

hindered in the exercise of its functions.

42. Detailed procedures for the conduct of inspections shall be developed for

inclusion in the inspection manual by the Technical Secretariat, taking into

account guidelines to be considered and approved by the Conference

pursuant to Article VIII, paragraph 21 (i).

Safety

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

observe safety regulations established at the inspection site, including those

for the protection of controlled environments within a facility and for

personal safety. In order to implement these requirements, appropriate

detailed procedures shall be considered and approved by the Conference

pursuant to Article VIII, paragraph 21 (i).

Communications

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

communicate with the Headquarters of the Technical Secretariat. For this

purpose they may use their own, duly certified, approved equipment and

may request that the inspected State Party or Host State Party provide them

with access to other telecommunications. The inspection team shall have the

right to use its own two-way system of radio communications between

personnel patrolling the perimeter and other members of the inspection

team.

Inspection team and inspected State Party rights

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

Annexes of this Convention as well as with facility agreements and

procedures set forth in the inspection manual, have the right to unimpeded

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

access to the inspection site. The items to be inspected will be chosen by the

inspectors.

46. Inspectors shall have the right to interview any facility personnel in the

presence of representatives of the inspected State Party with the purpose of

establishing relevant facts. Inspectors shall only request information and

data which are necessary for the conduct of the inspection, and the inspected

State Party shall furnish such information upon request. The inspected State

Party shall have the right to object to questions posed to the facility

personnel if those questions are deemed not relevant to the inspection. If the

head of the inspection team objects and states their relevance, the questions

shall be provided in writing to the inspected State Party for reply. The

inspection team may note any refusal to permit interviews or to allow

questions to be answered and any explanations given, in that part of the

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

47. Inspectors shall have the right to inspect documentation and records they

deem relevant to the conduct of their mission.

48. Inspectors shall have the right to have photographs taken at their request by

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

capability to take instant development photographic prints shall be available.

The inspection team shall determine whether photographs conform to those

requested and, if not, repeat photographs shall be taken. The inspection team

and the inspected State Party shall each retain one copy of every photograph.

49. The representatives of the inspected State Party shall have the right to

observe all verification activities carried out by the inspection team.

50. The inspected State Party shall receive copies, at its request, of the

information and data gathered about its facility(ies) by the Technical

Secretariat.

51. Inspectors shall have the right to request clarifications in connection with

ambiguities that arise during an inspection. Such requests shall be made

promptly through the representative of the inspected State Party. The

representative of the inspected State Party shall provide the inspection team,

during the inspection, with such clarification as may be necessary to remove

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

the inspection site are not resolved, the object or building shall, if requested,

be photographed for the purpose of clarifying its nature and function. If the

ambiguity cannot be removed during the inspection, the inspectors shall

notify the Technical Secretariat immediately. The inspectors shall include in

the inspection report any such unresolved question, relevant clarifications,

and a copy of any photographs taken.

Collection, handling and analysis of samples

Representatives of the inspected State Party or of the inspected facility shall

take samples at the request of the inspection team in the presence of

inspectors. If so agreed in advance with the representatives of the inspected

State Party or of the inspected facility, the inspection team may take samples

itself.

Where possible, the analysis of samples shall be performed on-site. The

inspection team shall have the right to perform on-site analysis of samples

using approved equipment brought by it. At the request of the inspection

team, the inspected State Party shall, in accordance with agreed procedures,

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

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 73

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

in its presence.

The inspected State Party has the right to retain portions of all samples taken

or take duplicate samples and be present when samples are analysed on-site.

The inspection team shall, if it deems it necessary, transfer samples for

analysis off-site at laboratories designated by the Organization.

The Director-General shall have the primary responsibility for the security,

integrity and preservation of samples and for ensuring that the

confidentiality of samples transferred for analysis off-site is protected. The

Director-General shall do so in accordance with procedures, to be

considered and approved by the Conference pursuant to Article VIII,

paragraph 21 (i), for inclusion in the inspection manual. He shall

(a) Establish a stringent regime governing the collection, handling,

transport and analysis of samples;

(b) Certify the laboratories designated to perform different types of

analysis;

(c) Oversee the standardization of equipment and procedures at these

designated laboratories, mobile analytical equipment and procedures,

and monitor quality control and overall standards in relation to the

certification of these laboratories, mobile equipment and procedures;

and

(d) Select from among the designated laboratories those which shall

perform analytical or other functions in relation to specific

investigations.

When off-site analysis is to be performed, samples shall be analysed in at

least two designated laboratories. The Technical Secretariat shall ensure the

expeditious processing of the analysis. The samples shall be accounted for

by the Technical Secretariat and any unused samples or portions thereof

shall be returned to the Technical Secretariat.

The Technical Secretariat shall compile the results of the laboratory analysis

of samples relevant to compliance with this Convention and include them in

the final inspection report. The Technical Secretariat shall include in the

report detailed information concerning the equipment and methodology

employed by the designated laboratories.

Extension of inspection duration

Periods of inspection may be extended by agreement with the representative

of the inspected State Party.

Debriefing

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

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

shall countersign the document. This meeting shall be completed not later

than 24 hours after the completion of the inspection.

DEPARTURE

Upon completion of the post-inspection procedures, the inspection team

shall leave, as soon as possible, the territory of the inspected State Party or

the Host State.

REPORTS

Not later than 10 days after the inspection, the inspectors shall prepare a

factual, final report on the activities conducted by them and on their

findings. It shall only contain facts relevant to compliance with this

Convention, as provided for under the inspection mandate. The report shall

also provide information as to the manner in which the State Party inspected

cooperated with the inspection team. Differing observations made by

i n s p e c t o r s m a y be a t t a c h e d t o t h e r e p o r t . T h e r e p o r t s h a l l b e ke p t

confidential.

The final report shall immediately be submitted to the inspected State Party.

Any written comments, which the inspected State Party may immediately

make on its findings shall be annexed to it. The final report together with

annexed comments made by the inspected State Party shall be submitted to

the Director-General not later than 30 days after the inspection.

Should the report contain uncertainties, or should cooperation between the

National Authority and the inspectors not measure up to the standards

r e q u i r e d , t h e D i r e c t o r- G e n e r a l s h a l l a p p r o a c h t h e S t a t e P a r t y f o r

clarification.

If the uncertainties cannot be removed or the facts established are of a nature

to suggest that obligations undertaken under this Convention have not been

met, the Director-General shall inform the Executive Council without delay.

APPLICATION OF GENERAL PROVISIONS

The provisions of this Part shall apply to all inspections conducted pursuant

to this Convention, except where the provisions of this Part differ from the

provisions set forth for specific types of inspections in Parts III to XI of this

Annex, in which case the latter provisions shall take precedence.

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 75

PART III

GENERAL PROVISIONS FOR VERIFICATION MEASURES PURSUANT

TO ARTICLES IV, V AND VI, PARAGRAPH 3

INITIAL INSPECTIONS AND FACILITY AGREEMENTS

1. Each declared facility subject to on-site inspection pursuant to Articles IV,

V, and VI, paragraph 3, shall receive an initial inspection promptly after the

facility is declared. The purpose of this inspection of the facility shall be to

verify information provided and to obtain any additional information needed

for planning future verification activities at the facility, including on-site

inspections and continuous monitoring with on-site instruments, and to work

on the facility agreements.

2. States Parties shall ensure that the verification of declarations and the

initiation of the systematic verification measures can be accomplished by the

Technical Secretariat at all facilities within the established time-frames after

this Convention enters into force for them.

3. Each State Party shall conclude a facility agreement with the Organization

for each facility declared and subject to on-site inspection pursuant to

Articles IV, V, and VI, paragraph 3.

4. Facility agreements shall be completed not later than 180 days after this

Convention enters into force for the State Party or after the facility has been

declared for the first time, except for a chemical weapons destruction

facility to which paragraphs 5 to 7 shall apply.

5. In the case of a chemical weapons destruction facility that begins operations

more than one year after this Convention enters into force for the State Party,

the facility agreement shall be completed not less than 180 days before the

facility begins operation.

6. In the case of a chemical weapons destruction facility that is in operation

when this Convention enters into force for the State Party, or begins

operation not later than one year thereafter, the facility agreement shall be

completed not later than 210 days after this Convention enters into force for

the State Party, except that the Executive Council may decide that

transitional verification arrangements, approved in accordance with Part IV

(A), paragraph 51, of this Annex and including a transitional facility

agreement, provisions for verification through on-site inspection and

monitoring with on-site instruments, and the time-frame for application of

the arrangements, are sufficient.

7. In the case of a facility, referred to in paragraph 6, that will cease operations

not later than two years after this Convention enters into force for the State

Party, the Executive Council may decide that transitional verification

arrangements, approved in accordance with Part IV (A), paragraph 51, of

this Annex and including a transitional facility agreement, provisions for

verification through on-site inspection and monitoring with on-site

instruments, and the time-frame for application of the arrangements, are

sufficient.

8. Facility agreements shall be based on models for such agreements and

provide for detailed arrangements which shall govern inspections at each

facility. The model agreements shall include provisions to take into account

future technological developments and shall be considered and approved by

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

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

9. The Technical Secretariat may retain at each site a sealed container for

photographs, plans and other information that it may wish to refer to in the

course of subsequent inspections.

STANDING ARRANGEMENTS

10. Where applicable, the Technical Secretariat shall have the right to have

continuous monitoring instruments and systems and seals installed and to

use them, in conformity with the relevant provisions in this Convention and

the facility agreements between States Parties and the Organization.

11. The inspected State Party shall, in accordance with agreed procedures, have

the right to inspect any instrument used or installed by the inspection team

and to have it tested in the presence of representatives of the inspected State

Party. The inspection team shall have the right to use the instruments that

were installed by the inspected State Party for its own monitoring of the

technological process of the destruction of chemical weapons. To this end,

the inspection team shall have the right to inspect those instruments that it

intends to use for purposes of verification of the destruction of chemical

weapons and to have them tested in its presence.

12. The inspected State Party shall provide the necessary preparation and

support for the establishment of continuous monitoring instruments and

systems.

13. In order to implement paragraphs 11 and 12, appropriate detailed procedures

shall be considered and approved by the Conference pursuant to Article

VIII, paragraph 21 (i).

14. The inspected State Party shall immediately notify the Technical Secretariat

if an event occurs or may occur at a facility where monitoring instruments

are installed, which may have an impact on the monitoring system. The

inspected State Party shall coordinate subsequent actions with the Technical

Secretariat with a view to restoring the operation of the monitoring system

and establishing interim measures, if necessary, as soon as possible.

15. The inspection team shall verify during each inspection that the monitoring

system functions correctly and that emplaced seals have not been tampered

with. In addition, visits to service the monitoring system may be required to

perform any necessary maintenance or replacement of equipment, or to

adjust the coverage of the monitoring system as required.

16. If the monitoring system indicates any anomaly, the Technical Secretariat

shall immediately take action to determine whether this resulted from

equipment malfunction or activities at the facility. If, after this examination,

the problem remains unresolved, the Technical Secretariat shall immediately

ascertain the actual situation, including through immediate on-site

inspection of, or visit to, the facility if necessary. The Technical Secretariat

shall report any such problem immediately after its detection to the

inspected State Party which shall assist in its resolution.

PRE-INSPECTION ACTIVITIES

17. The inspected State Party shall, except as specified in paragraph 18, be

notified of inspections not less than 24 hours in advance of the planned

arrival of the inspection team at the point of entry.

18. The inspected State Party shall be notified of initial inspections not less than

72 hours in advance of the estimated time of arrival of the inspection team at

the point of entry.

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 77

PART IV (A)

DESTRUCTION OF CHEMICAL WEAPONS AND ITS VERIFICATION

PURSUANT TO ARTICLE IV

DECLARATIONS

Chemical weapons

1. The declaration of chemical weapons by a State Party pursuant to Article III,

paragraph 1 (a) (ii), shall include the following

(a) The aggregate quantity of each chemical declared;

(b) The precise location of each chemical weapons storage facility,

expressed by

(i) Name;

(ii) Geographical coordinates; and

(iii) A detailed site diagram, including a boundary map and the

location of bunkers/storage areas within the facility.

(c) The detailed inventory for each chemical weapons storage facility

including

(i) Chemicals defined as chemical weapons in accordance with

Article II;

(ii) Unfilled munitions, sub-munitions, devices and equipment

defined as chemical weapons;

(iii) Equipment specially designed for use directly in connection with

the employment of munitions, sub-munitions, devices or

equipment specified in sub-sub-paragraph (ii);

(iv) Chemicals specifically designed for use directly in connection

with the employment of munitions, sub-munitions, devices or

equipment specified in sub-sub-paragraph (ii).

2. For the declaration of chemicals referred to in paragraph 1 (c) (i) the

following shall apply

(a) Chemicals shall be declared in accordance with the Schedules specified

in the Annex on Chemicals;

(b) For a chemical not listed in the Schedules in the Annex on Chemicals

the information required for possible assignment of the chemical to the

appropriate Schedule shall be provided, including the toxicity of the

pure compound. For a precursor, the toxicity and identity of the

principal final reaction product(s) shall be provided;

(c) Chemicals shall be identified by chemical name in accordance with

current International Union of Pure and Applied Chemistry (IUPAC)

nomenclature, structural formula and Chemical Abstracts Service

registry number, if assigned. For a precursor, the toxicity and identity of

the principal final reaction product(s) shall be provided;

(d) In cases involving mixtures of two or more chemicals, each chemical

shall be identified and the percentage of each shall be provided, and the

mixture shall be declared under the category of the most toxic chemical.

If a component of a binary chemical weapon consists of a mixture of

two or more chemicals, each chemical shall be identified and the

percentage of each provided;

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

(e) Binary chemical weapons shall be declared under the relevant end

product within the framework of the categories of chemical weapons

referred to in paragraph 16. The following supplementary information

shall be provided for each type of binary chemical munition/device

(i) The chemical name of the toxic end-product;

(ii) The chemical composition and quantity of each component;

(iii) The actual weight ratio between the components;

(iv) Which component is considered the key component;

(v) The projected quantity of the toxic end-product calculated on a

stoichiometric basis from the key component, assuming 100 per

cent yield. A declared quantity (in tonnes) of the key component

intended for a specific toxic end-product shall be considered

equivalent to the quantity (in tonnes) of this toxic end-product

calculated on a stoichiometric basis assuming 100 per cent yield.

(f) For multicomponent chemical weapons, the declaration shall be

analogous to that envisaged for binary chemical weapons;

(g) For each chemical the form of storage, i.e. munitions, sub-munitions,

devices, equipment or bulk containers and other containers shall be

declared. For each form of storage the following shall be listed

(i) Type;

(ii) Size or calibre;

(iii) Number of items; and

(iv) Nominal weight of chemical fill per item.

(h) For each chemical the total weight present at the storage facility shall be

declared;

(i) In addition, for chemicals stored in bulk, the percentage purity shall be

declared, if known.

3. For each type of unfilled munitions, sub-munitions, devices or equipment,

referred to in paragraph 1 (c) (ii), the information shall include

(a) The number of items;

(b) The nominal fill volume per item;

(c) The intended chemical fill.

Declarations of chemical weapons pursuant to Article III, paragraph 1 (a) (iii)

4. The declaration of chemical weapons pursuant to Article III, paragraph 1 (a)

(iii), shall contain all information specified in paragraphs 1 to 3 above. It is

the responsibility of the State Party on whose territory the chemical weapons

are located to make appropriate arrangements with the other State to ensure

that the declarations are made. If the State Party on whose territory the

chemical weapons are located is not able to fulfil its obligations under this

paragraph, it shall state the reasons therefor.

Declarations of past transfers and receipts

5. A State Party that has transferred or received chemical weapons since 1 Jan-

uary 1946 shall declare these transfers or receipts pursuant to Article III,

paragraph 1 (a) (iv), provided the amount transferred or received exceeded 1

tonne per chemical per year in bulk and/or munition form. This declaration

shall be made according to the inventory format specified in paragraphs 1

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 79

and 2. This declaration shall also indicate the supplier and recipient

countries, the dates of the transfers or receipts and, as precisely as possible,

the current location of the transferred items. When not all the specified

information is available for transfers or receipts of chemical weapons for the

period between 1 January 1946 and 1 January 1970, the State Party shall

declare whatever information is still available to it and provide an

explanation as to why it cannot submit a full declaration.

Submission of the general plan for destruction of chemical weapons

6. The general plan for destruction of chemical weapons submitted pursuant to

Article III, paragraph 1 (a) (v), shall provide an overview of the entire

national chemical weapons destruction programme of the State Party and

information on the efforts of the State Party to fulfil the destruction

requirements contained in this Convention. The plan shall specify

(a) A general schedule for destruction, giving types and approximate

quantities of chemical weapons planned to be destroyed in each annual

destruction period for each existing chemical weapons destruction

facility and, if possible, for each planned chemical weapons destruction

facility;

(b) The number of chemical weapons destruction facilities existing or

planned to be operated over the destruction period;

(c) For each existing or planned chemical weapons destruction facility

(i) Name and location; and

(ii) The types and approximate quantities of chemical weapons, and

the type (for example, nerve agent or blister agent) and

approximate quantity of chemical fill, to be destroyed;

(d) The plans and programmes for training personnel for the operation of

destruction facilities;

(e) The national standards for safety and emissions that the destruction

facilities must satisfy;

(f) Information on the development of new methods for destruction of

chemical weapons and on the improvement of existing methods;

(g) The cost estimates for destroying the chemical weapons; and

(h) Any issues which could adversely impact on the national destruction

programme.

MEASURES TO SECURE THE STORAGE

FACILITY

AND

STORAGE FACILITY PREPARATION

7. Not later than when submitting its declaration of chemical weapons, a State

Party shall take such measures as it considers appropriate to secure its

storage facilities and shall prevent any movement of its chemical weapons

out of the facilities, except their removal for destruction.

8. A State Party shall ensure that chemical weapons at its storage facilities are

configured to allow ready access for verification in accordance with

paragraphs 37 to 49.

9. While a storage facility remains closed for any movement of chemical

weapons out of the facility other than their removal for destruction, a State

Party may continue at the facility standard maintenance activities, including

standard maintenance of chemical weapons; safety monitoring and physical

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

security activities; and preparation of chemical weapons for destruction.

10. Maintenance activities of chemical weapons shall not include

(a) Replacement of agent or of munition bodies;

(b) Modification of the original characteristics of munitions, or parts or

components thereof.

11. All maintenance activities shall be subject to monitoring by the Technical

Secretariat.

DESTRUCTION

Principles and methods for destruction of chemical weapons

12. "Destruction of chemical weapons" means a process by which chemicals are

converted in an essentially irreversible way to a form unsuitable for

production of chemical weapons, and which in an irreversible manner

renders munitions and other devices unusable as such.

13. Each State Party shall determine how it shall destroy chemical weapons,

except that the following processes may not be used: dumping in any body

of water, land burial or open-pit burning. It shall destroy chemical weapons

only at specifically designated and appropriately designed and equipped

facilities.

14. Each State Party shall ensure that its chemical weapons destruction facilities

are constructed and operated in a manner to ensure the destruction of the

chemical weapons; and that the destruction process can be verified under the

provisions of this Convention.

Order of destruction

15. The order of destruction of chemical weapons is based on the obligations

specified in Article I and the other Articles, including obligations regarding

systematic on-site verification. It takes into account interests of States

Parties for undiminished security during the destruction period; confidence-

building in the early part of the destruction stage; gradual acquisition of

experience in the course of destroying chemical weapons; and applicability

irrespective of the actual composition of the stockpiles and the methods

chosen for the destruction of the chemical weapons. The order of destruction

is based on the principle of levelling out.

16. For the purpose of destruction, chemical weapons declared by each State

Party shall be divided into three categories

Category l

Chemical weapons on the basis of Schedule 1 chemicals and

their parts and components;

Category 2

Chemical weapons on the basis of all other chemicals and

their parts and components;

Category 3

Unfilled munitions and devices, and equipment specifically

designed for use directly in connection with employment of

chemical weapons.

17. A State Party shall start

(a) The destruction of Category 1 chemical weapons not later than two

years after this Convention enters into force for it, and shall complete

the destruction not later than 10 years after entry into force of this

Convention. A State Party shall destroy chemical weapons in

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 81

accordance with the following destruction deadlines

(i) Phase 1: Not later than two years after entry into force of this

Convention, testing of its first destruction facility shall be

completed. Not less than 1 per cent of the Category 1 chemical

weapons shall be destroyed not later than three years after the

entry into force of this Convention;

(ii) Phase 2: Not less than 20 per cent of the Category 1 chemical

weapons shall be destroyed not later than five years after the entry

into force of this Convention;

(iii) Phase 3: Not less than 45 per cent of the Category 1 chemical

weapons shall be destroyed not later than seven years after the

entry into force of this Convention;

(iv) Phase 4: All Category 1 chemical weapons shall be destroyed not

later than 10 years after the entry into force of this Convention.

(b) The destruction of Category 2 chemical weapons not later than one year

after this Convention enters into force for it and shall complete the

destruction not later than five years after the entry into force of this

Convention. Category 2 chemical weapons shall be destroyed in equal

annual increments throughout the destruction period. The comparison

factor for such weapons is the weight of the chemicals within Category

2; and

(c) The destruction of Category 3 chemical weapons not later than one year

after this Convention enters into force for it, and shall complete the

destruction not later than five years after the entry into force of this

Convention.. Category 3 chemical weapons shall be destroyed in equal

annual increments throughout the destruction period. The comparison

factor for unfilled munitions and devices is expressed in nominal fill

volume (m 3 ) and for equipment in number of items.

18. For the destruction of binary chemical weapons the following shall apply

(a) For the purposes of the order of destruction, a declared quantity (in

tonnes) of the key component intended for a specific toxic end-product

shall be considered equivalent to the quantity (in tonnes) of this toxic

end-product calculated on a stoichiometric basis assuming 100 per cent

yield.

(b) A requirement to destroy a given quantity of the key component shall

entail a requirement to destroy a corresponding quantity of the other

component, calculated from the actual weight ratio of the components in

the relevant type of binary chemical munition/device.

(c) If more of the other component is declared than is needed, based on the

actual weight ratio between components, the excess shall be destroyed

over the first two years after destruction operations begin.

(d) At the end of each subsequent operational year a State Party may retain

an amount of the other declared component that is determined on the

basis of the actual weight ratio of the components in the relevant type of

binary chemical munition/device.

19. For multicomponent chemical weapons the order of destruction shall be

analogous to that envisaged for binary chemical weapons.

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

Modification of intermediate destruction deadlines

20. The Executive Council shall review the general plans for destruction of

chemical weapons, submitted pursuant to Article III, paragraph 1 (a) (v),

and in accordance with paragraph 6, inter alia, to assess their conformity

with the order of destruction set forth in paragraphs 15 to 19. The Executive

Council shall consult with any State Party whose plan does not conform,

with the objective of bringing the plan into conformity.

21. If a State Party, due to exceptional circumstances beyond its control,

believes that it cannot achieve the level of destruction specified for Phase l,

Phase 2 or Phase 3 of the order of destruction of Category 1 chemical

weapons, it may propose changes in those levels. Such a proposal must be

made not later than 120 days after the entry into force of this Convention

and shall contain a detailed explanation of the reasons for the proposal.

22. Each State Party shall take all necessary measures to ensure destruction of

Category 1 chemical weapons in accordance with the destruction deadlines

set forth in paragraph 17 (a) as changed pursuant to paragraph 21. However,

if a State Party believes that it will be unable to ensure the destruction of the

percentage of Category 1 chemical weapons required by an intermediate

destruction deadline, it may request the Executive Council to recommend to

the Conference to grant an extension of its obligation to meet that deadline.

Such a request must be made not less than 180 days before the intermediate

destruction deadline and shall contain a detailed explanation of the reasons

for the request and the plans of the State Party for ensuring that it will be

able to fulfil its obligation to meet the next intermediate destruction

deadline.

23. If an extension is granted, the State Party shall still be under the obligation

to meet the cumulative destruction requirements set forth for the next

destruction deadline. Extensions granted pursuant to this Section shall not,

in any way, modify the obligation of the State Party to destroy all Category 1

chemical weapons not later than 10 years after the entry into force of this

Convention.

Extension of the deadline for completion of destruction

24. If a State Party believes that it will be unable to ensure the destruction of all

Category 1 chemical weapons not later than 10 years after the entry into

force of this Convention, it may submit a request to the Executive Council

for an extension of the deadline for completing the destruction of such

chemical weapons. Such a request must be made not later than nine years

after the entry into force of this Convention.

25. The request shall contain

(a) The duration of the proposed extension;

(b) A detailed explanation of the reasons for the proposed extension; and

(c) A detailed plan for destruction during the proposed extension and the

remaining portion of the original 10-year period for destruction.

26. A decision on the request shall be taken by the Conference at its next

session, on the recommendation of the Executive Council. Any extension

shall be the minimum necessary, but in no case shall the deadline for a State

Party to complete its destruction of all chemical weapons be extended

beyond 15 years after the entry into force of this Convention. The Executive

Council shall set conditions for the granting of the extension, including the

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 83

specific verification measures deemed necessary as well as specific actions

to be taken by the State Party to overcome problems in its destruction

programme. Costs of verification during the extension period shall be

allocated in accordance with Article IV, paragraph 16.

27. If an extension is granted, the State Party shall take appropriate measures to

meet all subsequent deadlines.

28. The State Party shall continue to submit detailed annual plans for

destruction in accordance with paragraph 29 and annual reports on the

destruction of Category 1 chemical weapons in accordance with paragraph

36, until all Category 1 chemical weapons are destroyed. In addition, not

later than at the end of each 90 days of the extension period, the State Party

shall report to the Executive Council on its destruction activity. The

Executive Council shall review progress towards completion of destruction

and take the necessary measures to document this progress. All information

concerning the destruction activities during the extension period shall be

provided by the Executive Council to States Parties, upon request.

Detailed annual plans for destruction

29. The detailed annual plans for destruction shall be submitted to the Technical

Secretariat not less than 60 days before each annual destruction period

begins pursuant to Article IV, paragraph 7 (a), and shall specify

(a) The quantity of each specific type of chemical weapon to be destroyed

at each destruction facility and the inclusive dates when the destruction

of each specific type of chemical weapon will be accomplished;

(b) The detailed site diagram for each chemical weapons destruction

facility and any changes to previously submitted diagrams; and

(c) The detailed schedule of activities for each chemical weapons

destruction facility for the upcoming year, identifying time required for

design, construction or modification of the facility, installation of

equipment, equipment check-out and operator training, destruction

operations for each specific type of chemical weapon, and scheduled

periods of inactivity.

30. A State Party shall provide, for each of its chemical weapons destruction

facilities, detailed facility information to assist the Technical Secretariat in

developing preliminary inspection procedures for use at the facility.

31. The detailed facility information for each destruction facility shall include

the following information

(a) Name, address and location;

(b) Detailed, annotated facility drawings;

(c) Facility design drawings, process drawings, and piping and

instrumentation design drawings;

(d) Detailed technical descriptions, including design drawings and

instrument specifications, for the equipment required for: removing the

chemical fill from the munitions, devices, and containers; temporarily

storing the drained chemical fill; destroying the chemical agent; and

destroying the munitions, devices, and containers;

(e) Detailed technical descriptions of the destruction process, including

material flow rates, temperatures and pressures, and designed

destruction efficiency;

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

(f) Design capacity for each specific type of chemical weapon;

(g) A detailed description of the products of destruction and the method of

their ultimate disposal;

(h) A detailed technical description of measures to facilitate inspections in

accordance with this Convention;

(i) A detailed description of any temporary holding area at the destruction

facility that will be used to provide chemical weapons directly to the

destruction facility, including site and facility drawings and information

on the storage capacity for each specific type of chemical weapon to be

destroyed at the facility;

(j) A detailed description of the safety and medical measures in force at the

facility;

(k) A detailed description of the living quarters and working premises for

the inspectors; and

(l) Suggested measures for international verification.

32. A State Party shall provide, for each of its chemical weapons destruction

facilities, the plant operations manuals, the safety and medical plans, the

laboratory operations and quality assurance and control manuals, and the

environmental permits that have been obtained, except that this shall not

include material previously provided.

33. A State Party shall promptly notify the Technical Secretariat of any

developments that could affect inspection activities at its destruction

facilities.

34. Deadlines for submission of the information specified in paragraphs 30 to 32

shall be considered and approved by the Conference pursuant to Article

VIII, paragraph 21 (i).

35. After a review of the detailed facility information for each destruction

facility, the Technical Secretariat, if the need arises, shall enter into

consultation with the State Party concerned in order to ensure that its

chemical weapons destruction facilities are designed to assure the

destruction of chemical weapons, to allow advanced planning on how

verification measures may be applied and to ensure that the application of

verification measures is consistent with proper facility operation, and that

the facility operation allows appropriate verification.

Annual reports on destruction

36. Information regarding the implementation of plans for destruction of

chemical weapons shall be submitted to the Technical Secretariat pursuant to

Article IV, paragraph 7 (b), not later than 60 days after the end of each

annual destruction period and shall specify the actual amounts of chemical

weapons which were destroyed during the previous year at each destruction

facility. If appropriate, reasons for not meeting destruction goals should be

stated.

VERIFICATION

Verification of declarations of chemical weapons through on-site inspection

37. The purpose of the verification of declarations of chemical weapons shall be

to confirm through on-site inspection the accuracy of the relevant

declarations made pursuant to Article III.

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 85

38. The inspectors shall conduct this verification promptly after a declaration is

submitted. They shall, inter alia, verify the quantity and identity of

chemicals, types and number of munitions, devices and other equipment.

39. The inspectors shall employ, as appropriate, agreed seals, markers or other

inventory control procedures to facilitate an accurate inventory of the

chemical weapons at each storage facility.

40. As the inventory progresses, inspectors shall install such agreed seals as

may be necessary to clearly indicate if any stocks are removed, and to ensure

the securing of the storage facility during the inventory. After completion of

the inventory, such seals will be removed unless otherwise agreed.

Systematic verification of storage facilities

41. The purpose of the systematic verification of storage facilities shall be to

ensure that no undetected removal of chemical weapons from such facilities

takes place.

42. The systematic verification shall be initiated as soon as possible after the

declaration of chemical weapons is submitted and shall continue until all

chemical weapons have been removed from the storage facility. It shall in

accordance with the facility agreement, combine on-site inspection and

monitoring with on-site instruments.

43. When all chemical weapons have been removed from the storage facility, the

Technical Secretariat shall confirm the declaration of the State Party to that

effect. After this confirmation, the Technical Secretariat shall terminate the

systematic verification of the storage facility and shall promptly remove any

monitoring instruments installed by the inspectors.

Inspections and visits

44. The particular storage facility to be inspected shall be chosen by the

Technical Secretariat in such a way as to preclude the prediction of precisely

when the facility is to be inspected. The guidelines for determining the

frequency of systematic on-site inspections shall be elaborated by the

Technical Secretariat, taking into account the recommendations to be

considered and approved by the Conference pursuant to Article VIII,

paragraph 21 (i).

45. The Technical Secretariat shall notify the inspected State Party of its

decision to inspect or visit the storage facility 48 hours before the planned

arrival of the inspection team at the facility for systematic inspections or

visits. In cases of inspections or visits to resolve urgent problems, this

period may be shortened. The Technical Secretariat shall specify the purpose

of the inspection or visit.

46. The inspected State Party shall make any necessary preparations for the

arrival of the inspectors and shall ensure their expeditious transportation

from their point of entry to the storage facility. The facility agreement will

specify administrative arrangements for inspectors.

47. The inspected State Party shall provide the inspection team upon its arrival

at the chemical weapons storage facility to carry out an inspection, with the

following data on the facility

(a) The number of storage buildings and storage locations;

(b) For each storage building and storage location, the type and the

identification number or designation, shown on the site diagram; and

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

(c) For each storage building and storage location at the facility, the number

of items of each specific type of chemical weapon, and, for containers

that are not part of binary munitions, the actual quantity of chemical fill

in each container.

48. In carrying out an inventory, within the time available, inspectors shall have

the right

(a) To use any of the following inspection techniques

(i) inventory all the chemical weapons stored at the facility;

(ii) inventory all the chemical weapons stored in specific buildings or

locations at the facility, as chosen by the inspectors; or

(iii) inventory all the chemical weapons of one or more specific types

stored at the facility, as chosen by the inspectors; and

(b) To check all items inventoried against agreed records.

49. Inspectors shall, in accordance with facility agreements

(a) Have unimpeded access to all parts of the storage facilities including

any munitions, devices, bulk containers, or other containers therein.

While conducting their activity, inspectors shall comply with the safety

regulations at the facility. The items to be inspected will be chosen by

the inspectors; and

(b) Have the right, during the first and any subsequent inspection of each

chemical weapons storage facility, to designate munitions, devices, and

containers from which samples are to be taken, and to affix to such

munitions, devices, and containers, a unique tag that will indicate an

attempt to remove or alter the tag. A sample shall be taken from a

tagged item at a chemical weapons storage facility or a chemical

weapons destruction facility as soon as it is practically possible in

accordance with the corresponding destruction programmes, and, in any

case, not later than by the end of the destruction operations.

Systematic verification of the destruction of chemical weapons

50. The purpose of verification of destruction of chemical weapons shall be

(a) To confirm the identity and quantity of the chemical weapons stocks to

be destroyed; and

(b) To confirm that these stocks have been destroyed.

51. Chemical weapons destruction operations during the first 390 days after the

entry into force of this Convention shall be governed by transitional

verification arrangements. Such arrangements, including a transitional

facility agreement, provisions for verification through on-site inspection and

monitoring with on-site instruments, and the time-frame for application of

the arrangements, shall be agreed between the Organization and the

inspected State Party. These arrangements shall be approved by the

Executive Council not later than 60 days after this Convention enters into

force for the State Party, taking into account the recommendations of the

Technical Secretariat, which shall be based on an evaluation of the detailed

facility information provided in accordance with paragraph 31 and a visit to

the facility. The Executive Council shall, at its first session, establish the

guidelines for such transitional verification arrangements, based on

recommendations to be considered and approved by the Conference pursuant

to Article VIII, paragraph 21 (i). The transitional verification arrangements

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 87

shall be designed to verify, throughout the entire transitional period, the

destruction of chemical weapons in accordance with the purposes set forth in

paragraph 50, and to avoid hampering ongoing destruction operations.

52. The provisions of paragraphs 53 to 61 shall apply to chemical weapons

destruction operations that are to begin not earlier than 390 days after the

entry into force of this Convention.

53. On the basis of this Convention and the detailed destruction facility

information, and as the case may be, on experience from previous

inspections, the Technical Secretariat shall prepare a draft plan for

inspecting the destruction of chemical weapons at each destruction facility.

The plan shall be completed and provided to the inspected State Party for

comment not less than 270 days before the facility begins destruction

operations pursuant to this Convention. Any differences between the

Technical Secretariat and the inspected State Party should be resolved

through consultations. Any unresolved matter shall be forwarded to the

Executive Council for appropriate action with a view to facilitating the full

implementation of this Convention.

54. The Technical Secretariat shall conduct an initial visit to each chemical

weapons destruction facility of the inspected State Party not less than 240

days before each facility begins destruction operations pursuant to this

Convention, to allow it to familiarize itself with the facility and assess the

adequacy of the inspection plan.

55. In the case of an existing facility where chemical weapons destruction

operations have already been initiated, the inspected State Party shall not be

required to decontaminate the facility before the Technical Secretariat

conducts an initial visit. The duration of the visit shall not exceed five days

and the number of visiting personnel shall not exceed 15.

56. The agreed detailed plans for verification, with an appropriate

recommendation by the Technical Secretariat, shall be forwarded to the

Executive Council for review. The Executive Council shall review the plans

with a view to approving them, consistent with verification objectives and

obligations under this Convention. It should also confirm that verification

schemes for destruction are consistent with verification aims and are

efficient and practical. This review should be completed not less than 180

days before the destruction period begins.

57. Each member of the Executive Council may consult with the Technical

Secretariat on any issues regarding the adequacy of the plan for verification.

If there are no objections by any member of the Executive Council, the plan

shall be put into action.

58. If there are any difficulties, the Executive Council shall enter into

consultations with the State Party to reconcile them. If any difficulties

remain unresolved they shall be referred to the Conference.

59. The detailed facility agreements for chemical weapons destruction facilities

shall specify, taking into account the specific characteristics of the

destruction facility and its mode of operation

(a) Detailed on-site inspection procedures; and

(b) Provisions for verification through continuous monitoring with on-site

instruments and physical presence of inspectors.

60. Inspectors shall be granted access to each chemical weapons destruction

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

facility not less than 60 days before the commencement of the destruction,

pursuant to this Convention, at the facility. Such access shall be for the

purpose of supervising the installation of the inspection equipment,

inspecting this equipment and testing its operation, as well as for the

purpose of carrying out a final engineering review of the facility. In the case

of an existing facility where chemical weapons destruction operations have

already been initiated, destruction operations shall be stopped for the

minimum amount of time required, not to exceed 60 days, for installation

and testing of the inspection equipment. Depending on the results of the

testing and review, the State Party and the Technical Secretariat may agree

on additions or changes to the detailed facility agreement for the facility.

61. The inspected State Party shall notify, in writing, the inspection team leader

at a chemical weapons destruction facility not less than four hours before the

departure of each shipment of chemical weapons from a chemical weapons

storage facility to that destruction facility. This notification shall specify the

name of the storage facility, the estimated times of departure and arrival, the

specific types and quantities of chemical weapons being transported,

whether any tagged items are being moved, and the method of

transportation. This notification may include notification of more than one

shipment. The inspection team leader shall be promptly notified, in writing,

of any changes in this information.

Chemical weapons storage facilities at chemical weapons destruction facilities

62. The inspectors shall verify the arrival of the chemical weapons at the

destruction facility and the storing of these chemical weapons. The

inspectors shall verify the inventory of each shipment, using agreed

procedures consistent with facility safety regulations, prior to the

destruction of the chemical weapons. They shall employ, as appropriate,

agreed seals, markers or other inventory control procedures to facilitate an

accurate inventory of the chemical weapons prior to destruction.

63. As soon and as long as chemical weapons are stored at chemical weapons

storage facilities located at chemical weapons destruction facilities, these

storage facilities shall be subject to systematic verification in conformity

with the relevant facility agreements.

64. At the end of an active destruction phase, inspectors shall make an inventory

of the chemical weapons, that have been removed from the storage facility,

to be destroyed. They shall verify the accuracy of the inventory of the

chemical weapons remaining, employing inventory control procedures as

referred to in paragraph 62.

Systematic on-site verification measures at chemical weapons destruction

facilities

65. The inspectors shall be granted access to conduct their activities at the

chemical weapons destruction facilities and the chemical weapons storage

facilities located at such facilities during the entire active phase of

destruction.

66. At each chemical weapons destruction facility, to provide assurance that no

chemical weapons are diverted and that the destruction process has been

completed, inspectors shall have the right to verify through their physical

presence and monitoring with on-site instruments

(a) The receipt of chemical weapons at the facility;

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 89

(b) The temporary holding area for chemical weapons and the specific type

and quantity of chemical weapons stored in that area;

(c) The specific type and quantity of chemical weapons being destroyed;

(d) The process of destruction;

(e) The end-product of destruction;

(f) The mutilation of metal parts; and

(g) The integrity of the destruction process and of the facility as a whole.

Inspectors shall have the right to tag, for sampling, munitions, devices, or

containers located in the temporary holding areas at the chemical weapons

destruction facilities.

To the extent that it meets inspection requirements, information from routine

facility operations, with appropriate data authentication, shall be used for

inspection purposes.

After the completion of each period of destruction, the Technical Secretariat

shall confirm the declaration of the State Party, reporting the completion of

destruction of the designated quantity of chemical weapons.

Inspectors shall, in accordance with facility agreements

(a) Have unimpeded access to all parts of the chemical weapons destruction

facilities and the chemical weapons storage facilities located at such

facilities, including any munitions, devices, bulk containers, or other

containers, therein. The items to be inspected shall be chosen by the

inspectors in accordance with the verification plan that has been agreed

to by the inspected State Party and approved by the Executive Council;

(b) Monitor the systematic on-site analysis of samples during the

destruction process; and

(c) Receive, if necessary, samples taken at their request from any devices,

bulk containers and other containers at the destruction facility or the

storage facility thereat.

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

PART IV (B)

OLD CHEMICAL WEAPONS AND ABANDONED CHEMICAL WEAPONS

GENERAL

1. Old chemical weapons shall be destroyed as provided for in Section B.

2. Abandoned chemical weapons, including those which also meet the

definition of Article II, paragraph 5 (b), shall be destroyed as provided for in

Section C.

REGIME FOR OLD CHEMICAL WEAPONS

3. A State Party which has on its territory old chemical weapons as defined in

Article II, paragraph 5 (a), shall, not later than 30 days after this Convention

enters into force for it, submit to the Technical Secretariat all available

relevant information, including, to the extent possible, the location, type,

quantity and the present condition of these old chemical weapons.

In the case of old chemical weapons as defined in Article II, paragraph 5 (b),

the State Party shall submit to the Technical Secretariat a declaration

pursuant to Article III, paragraph 1 (b) (i), including, to the extent possible,

the information specified in Part IV (A), paragraphs 1 to 3, of this Annex.

4. A State Party which discovers old chemical weapons after this Convention

enters into force for it shall submit to the Technical Secretariat the

information specified in paragraph 3 not later than 180 days after the

discovery of the old chemical weapons.

5. The Technical Secretariat shall conduct an initial inspection, and any further

inspections as may be necessary, in order to verify the information submitted

pursuant to paragraphs 3 and 4 and in particular to determine whether the

chemical weapons meet the definition of old chemical weapons as specified

in Article II, paragraph 5. Guidelines to determine the usability of chemical

weapons produced between 1925 and 1946 shall be considered and approved

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

6. A State Party shall treat old chemical weapons that have been confirmed by

the Technical Secretariat as meeting the definition in Article II, paragraph 5

(a), as toxic waste. It shall inform the Technical Secretariat of the steps

being taken to destroy or otherwise dispose of such old chemical weapons as

toxic waste in accordance with its national legislation.

7. Subject to paragraphs 3 to 5, a State Party shall destroy old chemical

weapons that have been confirmed by the Technical Secretariat as meeting

the definition in Article II, paragraph 5 (b), in accordance with Article IV

and Part IV (A) of this Annex. Upon request of a State Party, the Executive

Council may, however, modify the provisions on time-limit and order of

destruction of these old chemical weapons, if it determines that doing so

would not pose a risk to the object and purpose of this Convention. The

request shall contain specific proposals for modification of the provisions

and a detailed explanation of the reasons for the proposed modification.

REGIME FOR ABANDONED CHEMICAL WEAPONS

8. A State Party on whose territory there are abandoned chemical weapons

(hereinafter referred to as the "Territorial State Party") shall, not later than

30 days after this Convention enters into force for it, submit to the Technical

Secretariat all available relevant information concerning the abandoned

chemical weapons. This information shall include, to the extent possible, the

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 91

location, type, quantity and the present condition of the abandoned chemical

weapons as well as information on the abandonment.

9. A State Party which discovers abandoned chemical weapons after this

Convention enters into force for it shall, not later than 180 days after the

discovery, submit to the Technical Secretariat all available relevant

information concerning the discovered abandoned chemical weapons. This

information shall include, to the extent possible, the location, type, quantity

and the present condition of the abandoned chemical weapons as well as

information on the abandonment.

10. A State Party which has abandoned chemical weapons on the territory of

another State Party (hereinafter referred to as the "Abandoning State Party")

shall, not later than 30 days after this Convention enters into force for it,

submit to the Technical Secretariat all available relevant information

concerning the abandoned chemical weapons. This information shall

include, to the extent possible, the location, type, quantity as well as

information on the abandonment, and the condition of the abandoned

chemical weapons.

11. The Technical Secretariat shall conduct an initial inspection, and any further

inspections as may be necessary, in order to verify all available relevant

information submitted pursuant to paragraphs 8 to 10 and determine whether

systematic verification in accordance with Part IV (A), paragraphs 41 to 43,

of this Annex is required. It shall, if necessary, verify the origin of the

abandoned chemical weapons and establish evidence concerning the

abandonment and the identity of the Abandoning State.

12. The report of the Technical Secretariat shall be submitted to the Executive

Council, the Territorial State Party, and to the Abandoning State Party or the

State Party declared by the Territorial State Party or identified by the

Technical Secretariat as having abandoned the chemical weapons. If one of

the States Parties directly concerned is not satisfied with the report it shall

have the right to settle the matter in accordance with provisions of this

Convention or bring the issue to the Executive Council with a view to

settling the matter expeditiously.

13. Pursuant to Article I, paragraph 3, the Territorial State Party shall have the

right to request the State Party which has been established as the

Abandoning State Party pursuant to paragraphs 8 to 12 to enter into

consultations for the purpose of destroying the abandoned chemical weapons

in cooperation with the Territorial State Party. It shall immediately inform

the Technical Secretariat of this request.

14. Consultations between the Territorial State Party and the Abandoning State

Party with a view to establishing a mutually agreed plan for destruction shall

begin not later than 30 days after the Technical Secretariat has been

informed of the request referred to in paragraph 13. The mutually agreed

plan for destruction shall be transmitted to the Technical Secretariat not later

than 180 days after the Technical Secretariat has been informed of the

request referred to in paragraph 13. Upon the request of the Abandoning

State Party and the Territorial State Party, the Executive Council may extend

the time-limit for transmission of the mutually agreed plan for destruction.

15. For the purpose of destroying abandoned chemical weapons, the

Abandoning State Party shall provide all necessary financial, technical,

expert, facility as well as other resources. The Territorial State Party shall

provide appropriate cooperation.

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

16. If the Abandoning State cannot be identified or is not a State Party, the

Territorial State Party, in order to ensure the destruction of these abandoned

chemical weapons, may request the Organization and other States Parties to

provide assistance in the destruction of these abandoned chemical weapons.

17. Subject to paragraphs 8 to 16, Article IV and Part IV (A) of this Annex shall

also apply to the destruction of abandoned chemical weapons. In the case of

abandoned chemical weapons which also meet the definition of old chemical

weapons in Article II, paragraph 5 (b), the Executive Council, upon the

request of the Territorial State Party, individually or together with the

Abandoning State Party, may modify or in exceptional cases suspend the

application of provisions on destruction, if it determines that doing so would

not pose a risk to the object and purpose of this Convention. In the case of

abandoned chemical weapons which do not meet the definition of old

chemical weapons in Article II, paragraph 5 (b), the Executive Council,

upon the request of the Territorial State Party, individually or together with

the Abandoning State Party, may in exceptional circumstances modify the

provisions on the time-limit and the order of destruction, if it determines that

doing so would not pose a risk to the object and purpose of this Convention.

Any request as referred to in this paragraph shall contain specific proposals

for modification of the provisions and a detailed explanation of the reasons

for the proposed modification.

18. States Parties may conclude between themselves agreements or

arrangements concerning the destruction of abandoned chemical weapons.

The Executive Council may, upon request of the Territorial State Party,

individually or together with the Abandoning State Party, decide that

selected provisions of such agreements or arrangements take precedence

over provisions of this Section, if it determines that the agreement or

arrangement ensures the destruction of the abandoned chemical weapons in

accordance with paragraph 17.

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 93

PART V

DESTRUCTION OF CHEMICAL WEAPONS PRODUCTION FACILITIES

AND ITS VERIFICATION PURSUANT TO ARTICLE V

DECLARATIONS

Declarations of chemical weapons production facilities

1. The declaration of chemical weapons production facilities by a State Party

pursuant to Article III, paragraph 1 (c) (ii), shall contain for each facility

(a) The name of the facility, the names of the owners, and the names of the

companies or enterprises operating the facility since 1 January 1946;

(b) The precise location of the facility, including the address, location of

the complex, location of the facility within the complex including the

specific building and structure number, if any;

(c) A statement whether it is a facility for the manufacture of chemicals that

are defined as chemical weapons or whether it is a facility for the filling

of chemical weapons, or both;

(d) The date when the construction of the facility was completed and the

periods during which any modifications to the facility were made,

including the installation of new or modified equipment, that

significantly changed the production process characteristics of the

facility;

(e) Information on the chemicals defined as chemical weapons that were

manufactured at the facility; the munitions, devices, and containers that

were filled at the facility; and the dates of the beginning and cessation

of such manufacture or filling

(i) For chemicals defined as chemical weapons that were

manufactured at the facility, such information shall be expressed

in terms of the specific types of chemicals manufactured,

indicating the chemical name in accordance with the current

International Union of Pure and Applied Chemistry (IUPAC)

nomenclature, structural formula, and the Chemical Abstracts

Service registry number, if assigned, and in terms of the amount

of each chemical expressed by weight of chemical in tonnes;

(ii) For munitions, devices and containers that were filled at the

facility, such information shall be expressed in terms of the

specific type of chemical weapons filled and the weight of the

chemical fill per unit;

(f) The production capacity of the chemical weapons production facility

(i) For a facility where chemical weapons were manufactured,

production capacity shall be expressed in terms of the annual

quantitative potential for manufacturing a specific substance on

the basis of the technological process actually used or, in the case

of processes not actually used, planned to be used at the facility;

(ii) For a facility where chemical weapons were filled, production

capacity shall be expressed in terms of the quantity of chemical

that the facility can fill into each specific type of chemical

weapon a year;

(g) For each chemical weapons production facility that has not been

destroyed, a description of the facility including

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

(i) A site diagram;

(ii) A process flow diagram of the facility; and

(iii) An inventory of buildings at the facility, and specialized

equipment at the facility and of any spare parts for such

equipment;

(h) The present status of the facility, stating

(i) The date when chemical weapons were last produced at the

facility;

(ii) Whether the facility has been destroyed, including the date and

manner of its destruction; and

(iii) Whether the facility has been used or modified before entry into

force of this Convention for an activity not related to the

production of chemical weapons, and if so, information on what

modifications have been made, the date such non-chemical

weapons related activity began and the nature of such activity,

indicating, if applicable, the kind of product;

(i) A specification of the measures that have been taken by the State Party

for closure of, and a description of the measures that have been or will

be taken by the State Party to inactivate the facility;

(j) A description of the normal pattern of activity for safety and security at

the inactivated facility; and

(k) A statement as to whether the facility will be converted for the

destruction of chemical weapons and, if so, the dates for such

conversions.

Declarations of chemical weapons production facilities pursuant to Article III,

paragraph 1 (c) (iii)

2. The declaration of chemical weapons production facilities pursuant to

Article III, paragraph 1 (c) (iii), shall contain all information specified in

paragraph 1 above. It is the responsibility of the State Party on whose

territory the facility is or has been located to make appropriate arrangements

with the other State to ensure that the declarations are made. If the State

Party on whose territory the facility is or has been located is not able to fulfil

this obligation, it shall state the reasons therefor.

Declarations of past transfers and receipts

3. A State Party that has transferred or received chemical weapons production

equipment since 1 January 1946 shall declare these transfers and receipts

pursuant to Article III, paragraph 1 (c) (iv), and in accordance with

paragraph 5 below. When not all the specified information is available for

transfer and receipt of such equipment for the period between 1 January

1946 and 1 January 1970, the State Party shall declare whatever information

is still available to it and provide an explanation as to why it cannot submit a

full declaration.

4. Chemical weapons production equipment referred to in paragraph 3 means

(a) Specialized equipment;

(b) Equipment for the production of equipment specifically designed for

use directly in connection with chemical weapons employment; and

(c) Equipment designed or used exclusively for producing non-chemical

parts for chemical munitions.

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 95

5. The declaration concerning transfer and receipt of chemical weapons

production equipment shall specify

(a)

Who received/transferred the chemical weapons production equipment;

(b)

The identity of such equipment;

(c)

The date of transfer or receipt;

(d)

Whether the equipment was destroyed, if known; and

(e)

Current disposition, if known.

Submission of general plans for destruction

6. For each chemical weapons production facility, a State Party shall supply the

following information

(a) Envisaged time-frame for measures to be taken; and

(b) Methods of destruction.

7. For each chemical weapons production facility that a State Party intends to

convert temporarily into a chemical weapons destruction facility, the State

Party shall supply the following information

(a) Envisaged time-frame for conversion into a destruction facility;

(b) Envisaged time-frame for utilizing the facility as a chemical weapons

destruction facility;

(c) Description of the new facility;

(d) Method of destruction of special equipment;

(e) Time-frame for destruction of the converted facility after it has been

utilized to destroy chemical weapons; and

(f) Method of destruction of the converted facility.

Submission of annual plans for destruction and annual reports on destruction

8. The State Party shall submit an annual plan for destruction not less than 90

days before the beginning of the coming destruction year. The annual plan

shall specify

(a) Capacity to be destroyed;

(b) Name and location of the facilities where destruction will take place;

(c) List of buildings and equipment that will be destroyed at each facility;

and

(d) Planned method(s) of destruction.

9. A State Party shall submit an annual report on destruction not later than 90

days after the end of the previous destruction year. The annual report shall

specify

(a)

Capacity destroyed;

(b)

Name and location of each facility where destruction took place;

(c)

List of buildings and equipment that were destroyed at each facility;

(d)

Methods of destruction.

10. For a chemical weapons production facility declared pursuant to Article III,

paragraph 1 (c) (iii), it is the responsibility of the State Party on whose

territory the facility is or has been located to make appropriate arrangements

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

to ensure that the declarations specified in paragraphs 6 to 9 above are made.

If the State Party on whose territory the facility is or has been located is not

able to fulfil this obligation, it shall state the reasons therefor.

B. DESTRUCTION

General principles for destruction of chemical weapons production facilities

11. Each State Party shall decide on methods to be applied for the destruction of

chemical weapons production facilities, according to the principles laid

down in Article V and in this Part.

Principles and methods for closure of a chemical weapons production facility

12. The purpose of the closure of a chemical weapons production facility is to

render it inactive.

13. Agreed measures for closure shall be taken by a State Party with due regard

to the specific characteristics of each facility. Such measures shall include,

inter alia

(a) Prohibition of occupation of the specialized buildings and standard

buildings of the facility except for agreed activities;

(b) Disconnection of equipment directly related to the production of

chemical weapons, including, inter alia, process control equipment and

utilities;

(c) Decommissioning of protective installations and equipment used

exclusively for the safety of operations of the chemical weapons

production facility;

(d) Installation of blind flanges and other devices to prevent the addition of

chemicals to, or the removal of chemicals from, any specialized process

equipment for synthesis, separation or purification of chemicals defined

as a chemical weapon, any storage tank, or any machine for filling

chemical weapons, the heating, cooling, or supply of electrical or other

forms of power to such equipment, storage tanks, or machines; and

(e) Interruption of rail, road and other access routes for heavy transport to

the chemical weapons production facility except those required for

agreed activities.

14. While the chemical weapons production facility remains closed, a State

Party may continue safety and physical security activities at the facility.

Technical maintenance of chemical weapons production facilities prior to their

destruction

15. A State Party may carry out standard maintenance activities at chemical

weapons production facilities only for safety reasons, including visual

inspection, preventive maintenance, and routine repairs.

16. All planned maintenance activities shall be specified in the general and

detailed plans for destruction. Maintenance activities shall not include

(a) Replacement of any process equipment;

(b) Modification of the characteristics of the chemical process equipment;

(c) Production of chemicals of any type.

17. All maintenance activities shall be subject to monitoring by the Technical

Secretariat.

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 97

Principles and methods for temporary conversion of chemical weapons production

facilities into chemical weapons destruction facilities

18. Measures pertaining to the temporary conversion of chemical weapons

production facilities into chemical weapons destruction facilities shall

ensure that the regime for the temporarily converted facilities is at least as

stringent as the regime for chemical weapons production facilities that have

not been converted.

19. Chemical weapons production facilities converted into chemical weapons

destruction facilities before entry into force of this Convention shall be

declared under the category of chemical weapons production facilities.

They shall be subject to an initial visit by inspectors, who shall confirm the

correctness of the information about these facilities. Verification that the

conversion of these facilities was performed in such a manner as to render

them inoperable as chemical weapons production facilities shall also be

required, and shall fall within the framework of measures provided for the

facilities that are to be rendered inoperable not later than 90 days after entry

into force of this Convention.

20. A State Party that intends to carry out a conversion of chemical weapons

production facilities shall submit to the Technical Secretariat, not later than

30 days after this Convention enters into force for it, or not later than 30

days after a decision has been taken for temporary conversion, a general

facility conversion plan, and subsequently shall submit annual plans.

21. Should a State Party have the need to convert to a chemical weapons

destruction facility an additional chemical weapons production facility that

had been closed after this Convention entered into force for it, it shall inform

the Technical Secretariat thereof not less than 150 days before conversion.

The Technical Secretariat, in 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.

22. A facility converted for the destruction of chemical weapons shall not be

more fit for resuming chemical weapons production than a chemical

weapons production facility which has been closed and is under

maintenance. Its reactivation shall require no less time than that required for

a chemical weapons production facility that has been closed and is under

maintenance.

23. Converted chemical weapons production facilities shall be destroyed not

later than 10 years after entry into force of this Convention.

24. Any measures for the conversion of any given chemical weapons production

facility shall be facility-specific and shall depend upon its individual

characteristics.

25. The set of measures carried out for the purpose of converting a chemical

weapons production facility into a chemical weapons destruction facility

shall not be less than that which is provided for the disabling of other

chemical weapons production facilities to be carried out not later than 90

days after this Convention enters into force for the State Party.

Principles and methods related to destruction of a chemical weapons production

facility

26. A State Party shall destroy equipment and buildings covered by the

definition of a chemical weapons production facility as follows

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

(a) All specialized equipment and standard equipment shall be physically

destroyed;

(b) All specialized buildings and standard buildings shall be physically

destroyed.

27. A State Party shall destroy facilities for producing unfilled chemical

munitions and equipment for chemical weapons employment as follows

(a) Facilities used exclusively for production of non-chemical parts for

chemical munitions or equipment specifically designed for use directly

in connection with chemical weapons employment, shall be declared

and destroyed. The destruction process and its verification shall be

conducted according to the provisions of Article V and this Part of this

Annex that govern destruction of chemical weapons production

facilities;

(b) All equipment designed or used exclusively for producing non-chemical

parts for chemical munitions shall be physically destroyed. Such

equipment, which includes specially designed moulds and metal-

forming dies, may be brought to a special location for destruction;

(c) All buildings and standard equipment used for such production

activities shall be destroyed or converted for purposes not prohibited

under this Convention, with confirmation, as necessary, through

consultations and inspections as provided for under Article IX;

(d) Activities for purposes not prohibited under this Convention may

continue while destruction or conversion proceeds.

Order of destruction

28. The order of destruction of chemical weapons production facilities is based

on the obligations specified in Article I and the other Articles of this

Convention, including obligations regarding systematic on-site verification.

It takes into account interests of States Parties for undiminished security

during the destruction period; confidence-building in the early part of the

destruction stage; gradual acquisition of experience in the course of

destroying chemical weapons production facilities; and applicability

irrespective of the actual characteristics of the facilities and the methods

chosen for their destruction. The order of destruction is based on the

principle of levelling out.

29. A State Party shall, for each destruction period, determine which chemical

weapons production facilities are to be destroyed and carry out the

destruction in such a way that not more than what is specified in paragraphs

30 and 31 remains at the end of each destruction period. A State Party is not

precluded from destroying its facilities at a faster pace.

30. The following provisions shall apply to chemical weapons production

facilities that produce Schedule 1 chemicals

(a) A State Party shall start the destruction of such facilities not later than

one year after this Convention enters into force for it, and shall

complete it not later than 10 years after entry into force of this

Convention. For a State which is a Party at the entry into force of this

Convention, this overall period shall be divided into three separate

destruction periods, namely, years 2-5, years 6-8, and years 9-10. For

States which become a Party after entry into force of this Convention,

the destruction periods shall be adapted, taking into account paragraphs

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 99

28 and 29;

(b)

Production capacity shall be used as the comparison factor for such

facilities. It shall be expressed in agent tonnes, taking into account the

rules specified for binary chemical weapons;

(c)

Appropriate agreed levels of production capacity shall be established

for the end of the eighth year after entry into force of this Convention.

Production capacity that exceeds the relevant level shall be destroyed in

equal increments during the first two destruction periods;

(d)

A requirement to destroy a given amount of capacity shall entail a

requirement to destroy any other chemical weapons production facility

that supplied the Schedule 1 facility or filled the Schedule 1 chemical

produced there into munitions or devices;

(e)

Chemical weapons production facilities that have been converted

temporarily for destruction of chemical weapons shall continue to be

subject to the obligation to destroy capacity according to the provisions

of this paragraph.

31. A State Party shall start the destruction of chemical weapons production

facilities not covered in paragraph 30 not later than one year after this

Convention enters into force for it, and complete it not later than five years

after entry into force of this Convention.

Detailed plans for destruction

32. Not less than 180 days before the destruction of a chemical weapons

production facility starts, a State Party shall provide to the Technical

Secretariat the detailed plans for destruction of the facility, including

proposed measures for verification of destruction referred to in paragraph 33

(f), with respect to, inter alia

(a) Timing of the presence of the inspectors at the facility to be destroyed;

and

(b) Procedures for verification of measures to be applied to each item on

the declared inventory.

33. The detailed plans for destruction of each chemical weapons production

facility shall contain

(a)

Detailed time schedule of the destruction process;

(b)

Layout of the facility;

(c)

Process flow diagram;

(d)

Detailed inventory of equipment, buildings and other items to be

destroyed;

(e) Measures to be applied to each item on the inventory;

(f) Proposed measures for verification;

(g) Security/safety measures to be observed during the destruction of the

facility; and

(h) Working and living conditions to be provided for inspectors.

34. If a State Party intends to convert temporarily a chemical weapons

production facility into a chemical weapons destruction facility, it shall

notify the Technical Secretariat not less than 150 days before undertaking

any conversion activities. The notification shall

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

(a) Specify the name, address, and location of the facility;

(b) Provide a site diagram indicating all structures and areas that will be

involved in the destruction of chemical weapons and also identify all

structures of the chemical weapons production facility that are to be

temporarily converted;

(c) Specify the types of chemical weapons, and the type and quantity of

chemical fill to be destroyed;

(d) Specify the destruction method;

(e) Provide a process flow diagram, indicating which portions of the

production process and specialized equipment will be converted for the

destruction of chemical weapons;

(f) Specify the seals and inspection equipment potentially affected by the

conversion, if applicable; and

(g) Provide a schedule identifying: The time allocated to design, temporary

conversion of the facility, installation of equipment, equipment check

out, destruction operations, and closure.

35. In relation to the destruction of a facility that was temporarily converted for

destruction of chemical weapons, information shall be provided in

accordance with paragraphs 32 and 33.

Review of detailed plans

36. On the basis of the detailed plan for destruction and proposed measures for

verification submitted by the State Party, and on experience from previous

inspections, the Technical Secretariat shall prepare a plan for verifying the

destruction of the facility, consulting closely with the State Party. Any

differences between the Technical Secretariat and the State Party concerning

appropriate measures should be resolved through consultations. Any

unresolved matters shall be forwarded to the Executive Council for

appropriate action with a view to facilitating the full implementation of this

Convention.

37. To ensure that the provisions of Article V and this Part are fulfilled, the

combined plans for destruction and verification shall be agreed upon

between the Executive Council and the State Party. This agreement should

be completed, not less than 60 days before the planned initiation of

destruction.

38. Each member of the Executive Council may consult with the Technical

Secretariat on any issues regarding the adequacy of the combined plan for

destruction and verification. If there are no objections by any member of the

Executive Council, the plan shall be put into action.

39. If there are any difficulties, the Executive Council shall enter into

consultations with the State Party to reconcile them. If any difficulties

remain unresolved they shall be referred to the Conference. The resolution

of any differences over methods of destruction shall not delay the execution

of other parts of the destruction plan that are acceptable.

40. If agreement is not reached with the Executive Council on aspects of

verification, or if the approved verification plan cannot be put into action,

verification of destruction shall proceed through continuous monitoring with

on-site instruments and physical presence of inspectors.

41. Destruction and verification shall proceed according to the agreed plan. The

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 101

verification shall not unduly interfere with the destruction process and shall

be conducted through the presence of inspectors on-site to witness the

destruction.

42. If required verification or destruction actions are not taken as planned, all

States Parties shall be so informed.

C. VERIFICATION

Verification of declarations of chemical weapons production facilities through on-

site inspection

43. The Technical Secretariat shall conduct an initial inspection of each

chemical weapons production facility in the period between 90 and 120 days

after this Convention enters into force for the State Party.

44. The purposes of the initial inspection shall be

(a) To confirm that the production of chemical weapons has ceased and that

the facility has been inactivated in accordance with this Convention;

(b) To permit the Technical Secretariat to familiarize itself with the

measures that have been taken to cease production of chemical weapons

at the facility;

(c) To permit the inspectors to install temporary seals;

(d) To permit the inspectors to confirm the inventory of buildings and

specialized equipment;

(e) To obtain information necessary for planning inspection activities at the

facility, including use of tamper-indicating seals and other agreed

equipment, which shall be installed pursuant to the detailed facility

agreement for the facility; and

(f) To conduct preliminary discussions regarding a detailed agreement on

inspection procedures at the facility.

45. Inspectors shall employ, as appropriate, agreed seals, markers or other

inventory control procedures to facilitate an accurate inventory of the

declared items at each chemical weapons production facility.

46. Inspectors shall install such agreed devices as may be necessary to indicate

if any resumption of production of chemical weapons occurs or if any

declared item is removed. They shall take the necessary precaution not to

hinder closure activities by the inspected State Party. Inspectors may return

to maintain and verify the integrity of the devices.

47. If, on the basis of the initial inspection, the Director-General believes that

additional measures are necessary to inactivate the facility in accordance

with this Convention, the Director-General may request, not later than 135

days after this Convention enters into force for a State Party, that such

measures be implemented by the inspected State Party not later than 180

days after this Convention enters into force for it. At its discretion, the

inspected State Party may satisfy the request. If it does not satisfy the

request, the inspected State Party and the Director-General shall consult to

resolve the matter.

Systematic verification of chemical weapons production facilities and cessation of

their activities

48. The purpose of the systematic verification of a chemical weapons

production facility shall be to ensure that any resumption of production of

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

chemical weapons or removal of declared items will be detected at this

facility.

49. The detailed facility agreement for each chemical weapons production

facility shall specify

(a) Detailed on-site inspection procedures, which may include

(i) Visual examinations;

(ii) Checking and servicing of seals and other agreed devices; and

(iii) Obtaining and analysing samples;

(b) Procedures for using tamper-indicating seals and other agreed

equipment to prevent the undetected reactivation of the facility, which

shall specify

(i) The type, placement, and arrangements for installation; and

(ii) The maintenance of such seals and equipment; and

(c) Other agreed measures.

50. The seals or other approved equipment provided for in a detailed agreement

on inspection measures for that facility shall be placed not later than 240

days after this Convention enters into force for a State Party. Inspectors shall

be permitted to visit each chemical weapons production facility for the

installation of such seals or equipment.

51. During each calendar year, the Technical Secretariat shall be permitted to

conduct up to four inspections of each chemical weapons production facility.

52. The Director-General shall notify the inspected State Party of his decision to

inspect or visit a chemical weapons production facility 48 hours before the

planned arrival of the inspection team at the facility for systematic

inspections or visits. In the case of inspections or visits to resolve urgent

problems, this period may be shortened. The Director-General shall specify

the purpose of the inspection or visit.

53. Inspectors shall, in accordance with the facility agreements, have unimpeded

access to all parts of the chemical weapons production facilities. The items

on the declared inventory to be inspected shall be chosen by the inspectors.

54. The guidelines for determining the frequency of systematic on-site

inspections shall be considered and approved by the Conference pursuant to

Article VIII, paragraph 21 (i). The particular production facility to be

inspected shall be chosen by the Technical Secretariat in such a way as to

preclude the prediction of precisely when the facility is to be inspected.

Verification of destruction of chemical weapons production facilities

55. The purpose of systematic verification of the destruction of chemical

weapons production facilities shall be to confirm that the facility is

destroyed in accordance with the obligations under this Convention and that

each item on the declared inventory is destroyed in accordance with the

agreed detailed plan for destruction.

56. When all items on the declared inventory have been destroyed, the Technical

Secretariat shall confirm the declaration of the State Party to that effect.

After this confirmation, the Technical Secretariat shall terminate the

systematic verification of the chemical weapons production facility and shall

promptly remove all devices and monitoring instruments installed by the

inspectors.

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 103

57. After this confirmation, the State Party shall make the declaration that the

facility has been destroyed.

Verification of temporary conversion of a chemical weapons production facility

into a chemical weapons destruction facility

58. Not later than 90 days after receiving the initial notification of the intent to

convert temporarily a production facility, the inspectors shall have the right

to visit the facility to familiarize themselves with the proposed temporary

conversion and to study possible inspection measures that will be required

during the conversion.

59. Not later than 60 days after such a visit, the Technical Secretariat and the

inspected State Party shall conclude a transition agreement containing

additional inspection measures for the temporary conversion period. The

transition agreement shall specify inspection procedures, including the use

of seals, monitoring equipment, and inspections, that will provide

confidence that no chemical weapons production takes place during the

conversion process. This agreement shall remain in force from the beginning

of the temporary conversion activity until the facility begins operation as a

chemical weapons destruction facility.

60. The inspected State Party shall not remove or convert any portion of the

facility, or remove or modify any seal or other agreed inspection equipment

that may have been installed pursuant to this Convention until the transition

agreement has been concluded.

61. Once the facility begins operation as a chemical weapons destruction

facility, it shall be subject to the provisions of Part IV (A) of this Annex

applicable to chemical weapons destruction facilities. Arrangements for the

pre-operation period shall be governed by the transition agreement.

62. During destruction operations the inspectors shall have access to all portions

of the temporarily converted chemical weapons production facilities,

including those that are not directly involved with the destruction of

chemical weapons.

63. Before the commencement of work at the facility to convert it temporarily

for chemical weapons destruction purposes and after the facility has ceased

to function as a facility for chemical weapons destruction, the facility shall

be subject to the provisions of this Part applicable to chemical weapons

production facilities.

CONVERSION

OF

CHEMICAL

WEAPONS

PRODUCTION

FACILITIES TO PURPOSES NOT PROHIBITED UNDER THIS

CONVENTION

Procedures for requesting conversion

64. A request to use a chemical weapons production facility for purposes not

prohibited under this Convention may be made for any facility that a State

Party is already using for such purposes before this Convention enters into

force for it, or that it plans to use for such purposes.

65. For a chemical weapons production facility that is being used for purposes

not prohibited under this Convention when this Convention enters into force

for the State Party, the request shall be submitted to the Director-General not

later than 30 days after this Convention enters into force for the State Party.

The request shall contain, in addition to data submitted in accordance with

paragraph 1 (h) (iii), the following information

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

(a) A detailed justification for the request;

(b) A general facility conversion plan that specifies

(i) The nature of the activity to be conducted at the facility;

(ii) If the planned activity involves production, processing, or

consumption of chemicals: the name of each of the chemicals, the

flow diagram of the facility, and the quantities planned to be

produced, processed, or consumed annually;

(iii) Which buildings or structures are proposed to be used and what

modifications are proposed, if any;

(iv) Which buildings or structures have been destroyed or are

proposed to be destroyed and the plans for destruction;

(v) What equipment is to be used in the facility;

(vi) What equipment has been removed and destroyed and what

equipment is proposed to be removed and destroyed and the plans

for its destruction;

(vii) The proposed schedule for conversion, if applicable; and

(viii) The nature of the activity of each other facility operating at the

site; and

(c) A detailed explanation of how measures set forth in sub-paragraph (b),

as well as any other measures proposed by the State Party, will ensure

the prevention of standby chemical weapons production capability at

the facility.

66. For a chemical weapons production facility that is not being used for

purposes not prohibited under this Convention when this Convention enters

into force for the State Party, the request shall be submitted to the Director-

General not later than 30 days after the decision to convert, but in no case

later than four years after this Convention enters into force for the State

Party. The request shall contain the following information

(a) A detailed justification for the request, including its economic needs;

(b) A general facility conversion plan that specifies

(i) The nature of the activity planned to be conducted at the facility;

(ii) If the planned activity involves production, processing, or

consumption of chemicals: the name of each of the chemicals, the

flow diagram of the facility, and the quantities planned to be

produced, processed, or consumed annually;

(iii) Which buildings or structures are proposed to be 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

(c) A detailed explanation of how the measures set forth in sub-paragraph

(b), as well as any other measures proposed by the State Party, will

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 105

ensure the prevention of standby chemical weapons production

capability at the facility.

67. The State Party may propose in its request any other measures it deems

appropriate to build confidence.

Actions pending a decision

68. Pending a decision of the Conference, a State Party may continue to use for

purposes not prohibited under this Convention a facility that was being used

for such purposes before this Convention enters into force for it, but only if

the State Party certifies in its request that no specialized equipment and no

specialized buildings are being used and that the specialized equipment and

specialized buildings have been rendered inactive using the methods

specified in paragraph 13.

69. If the facility, for which the request was made, was not being used for

purposes not prohibited under this Convention before this Convention enters

into force for the State Party, or if the certification required in paragraph 68

is not made, the State Party shall cease immediately all activity pursuant to

Article V, paragraph 4. The State Party shall close the facility in accordance

with paragraph 13 not later than 90 days after this Convention enters into

force for it.

Conditions for conversion

70. As a condition for conversion of a chemical weapons production facility for

purposes not prohibited under this Convention, all specialized equipment at

the facility must be destroyed and all special features of buildings and

structures that distinguish them from buildings and structures normally used

for purposes not prohibited under this Convention and not involving

Schedule 1 chemicals must be eliminated.

A converted facility shall not be used

(a) For any activity involving production, processing, or consumption of a

Schedule 1 chemical or a Schedule 2 chemical; or

(b) For the production of any highly toxic chemical, including any highly

toxic organophosphorus chemical, or for any other activity that would

require special equipment for handling highly toxic or highly corrosive

chemicals, unless the Executive Council decides that such production or

activity would pose no risk to the object and purpose of this

Convention, taking into account criteria for toxicity, corrosiveness and,

if applicable, other technical factors, to be considered and approved by

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

Conversion of a chemical weapons production facility shall be completed

not later than six years after entry into force of this Convention.

Decisions by the Executive Council and the Conference

Not later than 90 days after receipt of the request by the Director-General,

an initial inspection of the facility shall be conducted by the Technical

Secretariat. The purpose of this inspection shall be to determine the accuracy

of the information provided in the request, to obtain information on the

technical characteristics of the proposed converted facility, and to assess the

conditions under which use for purposes not prohibited under this

Convention may be permitted. The Director-General shall promptly submit a

report to the Executive Council, the Conference, and all States Parties

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

containing his recommendations on the measures necessary to convert the

facility to purposes not prohibited under this Convention and to provide

assurance that the converted facility will be used only for purposes not

prohibited under this Convention.

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 implemen-

tation of measures it deems appropriate, inter alia, shut-down of the facility

and removal of specialized equipment and modification of buildings or

structures. The Executive Council shall stipulate the deadline for

implementation of these measures and shall suspend consideration of the

request pending their satisfactory completion. The facility shall be inspected

promptly after the expiration of the deadline to determine whether the

measures have been implemented. If not, the State Party shall be required to

shut down completely all facility operations.

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 agreement shall be completed not later

than 90 days after such a decision is taken. The facility agreement shall

contain the conditions under which the conversion and use of the facility is

permitted, including measures for verification. Conversion shall not begin

before the facility agreement is concluded.

Detailed plans for conversion

Not less than 180 days before conversion of a chemical weapons production

facility is planned to begin, the State Party shall provide the Technical

Secretariat with the detailed plans for conversion of the facility, including

proposed measures for verification of conversion, with respect to, inter alia

(a) Timing of the presence of the inspectors at the facility to be converted;

and

(b) Procedures for verification of measures to be applied to each item on

the declared inventory.

The detailed plan for conversion of each chemical weapons production

facility shall contain

(a) Detailed time schedule of the conversion process;

(b) Layout of the facility before and after conversion;

(c) Process flow diagram of the facility before, and as appropriate, after the

conversion;

(d) Detailed inventory of equipment, buildings and structures and other

items to be destroyed and of the buildings and structures to be modified;

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 107

(e) Measures to be applied to each item on the inventory, if any;

(f) Proposed measures for verification;

(g) Security/safety measures to be observed during the conversion of the

facility; and

(h) Working and living conditions to be provided for inspectors.

Review of detailed plans

On the basis of the detailed plan for conversion and proposed measures for

verification submitted by the State Party, and on experience from previous

inspections, the Technical Secretariat shall prepare a plan for verifying the

conversion of the facility, consulting closely with the State Party. Any

differences between the Technical Secretariat and the State Party concerning

appropriate measures shall be resolved through consultations. Any

unresolved matters shall be forwarded to the Executive Council for

appropriate action with a view to facilitate the full implementation of this

Convention.

To ensure that the provisions of Article V and this Part are fulfilled, the

combined plans for conversion and verification shall be agreed upon

between the Executive Council and the State Party. This agreement shall be

completed not less than 60 days before conversion is planned to begin.

Each member of the Executive Council may consult with the Technical

Secretariat on any issue regarding the adequacy of the combined plan for

conversion and verification. If there are no objections by any member of the

Executive Council, the plan shall be put into action.

If there are any difficulties, the Executive Council should enter into

consultations with the State Party to reconcile them. If any difficulties

remain unresolved, they should be referred to the Conference. The

resolution of any differences over methods of conversion should not delay

the execution of other parts of the conversion plan that are acceptable.

If agreement is not reached with the Executive Council on aspects of

verification, or if the approved verification plan cannot be put into action,

verification of conversion shall proceed through continuous monitoring with

on-site instruments and physical presence of inspectors.

Conversion and verification shall proceed according to the agreed plan. The

verification shall not unduly interfere with the conversion process and shall

be conducted through the presence of inspectors to confirm the conversion.

For the 10 years after the Director-General certifies that conversion is

complete, the State Party shall provide to inspectors unimpeded access to the

facility at any time. The inspectors shall have the right to observe all areas,

all activities, and all items of equipment at the facility. The inspectors shall

have the right to verify that the activities at the facility are consistent with

any conditions established under this Section, by the Executive Council and

the Conference. The inspectors shall also have the right, in accordance with

provisions of Part II, Section E, of this Annex to receive samples from any

area of the facility and to analyse them to verify the absence of Schedule 1

chemicals, their stable by-products and decomposition products and of

Schedule 2 chemicals and to verify that the activities at the facility are

consistent with any other conditions on chemical activities established under

this Section, by the Executive Council and the Conference. The inspectors

shall also have the right to managed access, in accordance with Part X,

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

Section C, of this Annex, to the plant site at which the facility is located.

During the 10-year period, the State Party shall report annually on the

activities at the converted facility. Upon completion of the 10-year period,

the Executive Council, taking into account recommendations of the

Technical Secretariat, shall decide on the nature of continued verification

measures.

Costs of verification of the converted facility shall be allocated in

accordance with Article V, paragraph 19.

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 109

PART VI

ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION

IN ACCORDANCE WITH ARTICLE VI

REGIME FOR SCHEDULE 1 CHEMICALS AND FACILITIES

RELATED TO SUCH CHEMICALS

GENERAL PROVISIONS

1. A State Party shall not produce, acquire, retain or use Schedule 1 chemicals

outside the territories of States Parties and shall not transfer such chemicals

outside its territory except to another State Party.

2. A State Party shall not produce, acquire, retain, transfer or use Schedule 1

chemicals unless

(a) The chemicals are applied to research, medical, pharmaceutical or

protective purposes; and

(b) The types and quantities of chemicals are strictly limited to those which

can be justified for such purposes; and

(c) The aggregate amount of such chemicals at any given time for such

purposes is equal to or less than 1 tonne; and

(d) The aggregate amount for such purposes acquired by a State Party in

any year through production, withdrawal from chemical weapons stocks

and transfer is equal to or less than 1 tonne.

TRANSFERS

3. A State Party may transfer Schedule 1 chemicals outside its territory only to

another State Party and only for research, medical, pharmaceutical or

protective purposes in accordance with paragraph 2.

4. Chemicals transferred shall not be retransferred to a third State.

5. Not less than 30 days before any transfer to another State Party both States

Parties shall notify the Technical Secretariat of the transfer.

6. Each State Party shall make a detailed annual declaration regarding transfers

during the previous year. The declaration shall be submitted not later than 90

days after the end of that year and shall for each Schedule 1 chemical that

has been transferred include the following information

(a) The chemical name, structural formula and Chemical Abstracts Service

registry number, if assigned;

(b) The quantity acquired from other States or transferred to other States

Parties. For each transfer the quantity, recipient and purpose shall be

included.

PRODUCTION

General principles for production

7. Each State Party, during production under paragraphs 8 to 12, shall assign

the highest priority to ensuring the safety of people and to protecting the

environment. Each State Party shall conduct such production in accordance

with its national standards for safety and emissions.

Single small-scale facility

8. Each State Party that produces Schedule 1 chemicals for research, medical,

pharmaceutical or protective purposes shall carry out the production at a

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

single small-scale facility approved by the State Party, except as set forth in

paragraphs 10, 11 and 12.

9. The production at a single small-scale facility shall be carried out in reaction

vessels in production lines not configurated for continuous operation. The

volume of such a reaction vessel shall not exceed 100 litres, and the total

volume of all reaction vessels with a volume exceeding 5 litres shall not be

more than 500 litres.

Other facilities

10. Production of Schedule 1 chemicals in aggregate quantities not exceeding 10

kg per year may be carried out for protective purposes at one facility outside

a single small-scale facility. This facility shall be approved by the State

Party.

11. Production of Schedule 1 chemicals in quantities of more than 100 g per

year may be carried out for research, medical or pharmaceutical purposes

outside a single small-scale facility in aggregate quantities not exceeding 10

kg per year per facility. These facilities shall be approved by the State Party.

12. Synthesis of Schedule 1 chemicals for research, medical or pharmaceutical

purposes, but not for protective purposes, may be carried out at laboratories

in aggregate quantities less than 100 g per year per facility. These facilities

shall not be subject to any obligation relating to declaration and verification

as specified in Sections D and E.

DECLARATIONS

Single small-scale facility

13. Each State Party that plans to operate a single small-scale facility shall

provide the Technical Secretariat with the precise location and a detailed

technical description of the facility, including an inventory of equipment and

detailed diagrams. For existing facilities, this initial declaration shall be

provided not later than 30 days after this Convention enters into force for the

State Party. Initial declarations on new facilities shall be provided not less

than 180 days before operations are to begin.

14. Each State Party shall give advance notification to the Technical Secretariat

of planned changes related to the initial declaration. The notification shall be

submitted not less than 180 days before the changes are to take place.

15. A State Party producing Schedule 1 chemicals at a single small-scale facility

shall make a detailed annual declaration regarding the activities of the

facility for the previous year. The declaration shall be submitted not later

than 90 days after the end of that year and shall include

(a) Identification of the facility;

(b) For each Schedule 1 chemical produced, acquired, consumed or stored

at the facility, the following information

(i) The chemical name, structural formula and Chemical Abstracts

Service registry number, if assigned;

(ii) The methods employed and quantity produced;

(iii) The name and quantity of precursors listed in Schedules l, 2, or 3

used for production of Schedule 1 chemicals;

(iv) The quantity consumed at the facility and the purpose(s) of the

consumption;

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 111

(v)

The quantity received from or shipped to other facilities in the

State Party. For each shipment the quantity, recipient and purpose

should be included;

(vi) The maximum quantity stored at any time during the year; and

(vii) The quantity stored at the end of the year; and

(c) Information on any changes at the facility during the year compared to

previously submitted detailed technical descriptions of the facility

including inventories of equipment and detailed diagrams.

16. Each State Party producing Schedule 1 chemicals at a single small-scale

facility shall make a detailed annual declaration regarding the projected

activities and the anticipated production at the facility for the coming year.

The declaration shall be submitted not less than 90 days before the

beginning of that year and shall include

(a) Identification of the facility;

(b) For each Schedule 1 chemical anticipated to be produced, consumed or

stored at the facility, the following information

(i) The chemical name, structural formula and Chemical Abstracts

Service registry number, if assigned;

(ii) The quantity anticipated to be produced and the purpose of the

production; and

(c) Information on any anticipated changes at the facility during the year

compared to previously submitted detailed technical descriptions of the

facility including inventories of equipment and detailed diagrams.

Other facilities referred to in paragraphs 10 and 11

17. For each facility, a State Party shall provide the Technical Secretariat with

the name, location and a detailed technical description of the facility or its

relevant part(s) as requested by the Technical Secretariat. The facility

producing Schedule 1 chemicals for protective purposes shall be specifically

identified. For existing facilities, this initial declaration shall be provided

not later than 30 days after this Convention enters into force for the State

Party. Initial declarations on new facilities shall be provided not less than

180 days before operations are to begin.

18. Each State Party shall give advance notification to the Technical Secretariat

of planned changes related to the initial declaration. The notification shall be

submitted not less than 180 days before the changes are to take place.

19. Each State Party shall, for each facility, make a detailed annual declaration

regarding the activities of the facility for the previous year. The declaration

shall be submitted not later than 90 days after the end of that year and shall

include

(a) Identification of the facility;

(b) For each Schedule 1 chemical the following information

(i) The chemical name, structural formula and Chemical Abstracts

Service registry number, if assigned;

(ii) The quantity produced and, in case of production for protective

purposes, methods employed;

(iii) The name and quantity of precursors listed in Schedules 1, 2, or 3,

used for production of Schedule 1 chemicals;

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

(iv)

The quantity consumed at the facility and the purpose of the

consumption;

(v) The quantity transferred to other facilities within the State Party.

For each transfer the quantity, recipient and purpose should be

included;

(vi) The maximum quantity stored at any time during the year; and

(vii) The quantity stored at the end of the year; and

(c) Information on any changes at the facility or its relevant parts during

the year compared to previously submitted detailed technical

description of the facility.

20. Each State Party shall, for each facility, make a detailed annual declaration

regarding the projected activities and the anticipated production at the

facility for the coming year. The declaration shall be submitted not less than

90 days before the beginning of that year and shall include

(a) Identification of the facility;

(b) For each Schedule 1 chemical the following information

(i) The chemical name, structural formula and Chemical Abstracts

Service registry number, if assigned; and

(ii) The quantity anticipated to be produced, the time periods when

the production is anticipated to take place and the purposes of the

production; and

(c) Information on any anticipated changes at the facility or its relevant

parts, during the year compared to previously submitted detailed

technical descriptions of the facility.

VERIFICATION

Single small-scale facility

21. The aim of verification activities at the single small-scale facility shall be to

verify that the quantities of Schedule 1 chemicals produced are correctly

declared and, in particular, that their aggregate amount does not exceed 1

tonne.

22. The facility shall be subject to systematic verification through on-site

inspection and monitoring with on-site instruments.

23. The number, intensity, duration, timing and mode of inspections for a

particular facility shall be based on the risk to the object and purpose of this

Convention posed by the relevant chemicals, the characteristics of the

facility and the nature of the activities carried out there. Appropriate

guidelines shall be considered and approved by the Conference pursuant to

Article VIII, paragraph 21 (i).

24. The purpose of the initial inspection shall be to verify information provided

concerning the facility, including verification of the limits on reaction

vessels set forth in paragraph 9.

25. Not later than 180 days after this Convention enters into force for a State

Party, it shall conclude a facility agreement, based on a model agreement,

with the Organization, covering detailed inspection procedures for the

facility.

26. Each State Party planning to establish a single small-scale facility after this

Convention enters into force for it shall conclude a facility agreement, based

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 113

on a model agreement, with the Organization, covering detailed inspection

procedures for the facility before it begins operation or is used.

27. A model for agreements shall be considered and approved by the Conference

pursuant to Article VIII, paragraph 21 (i).

Other facilities referred to in paragraphs 10 and 11

28. The aim of verification activities at any facility referred to in paragraphs 10

and 11 shall be to verify that

(a) The facility is not used to produce any Schedule 1 chemical, except for

the declared chemicals;

(b) The quantities of Schedule 1 chemicals produced, processed or

consumed are correctly declared and consistent with needs for the

declared purpose; and

(c) The Schedule 1 chemical is not diverted or used for other purposes.

29. The facility shall be subject to systematic verification through on-site

inspection and monitoring with on-site instruments.

30. The number, intensity, duration, timing and mode of inspections for a

particular facility shall be based on the risk to the object and purpose of this

Convention posed by the quantities of chemicals produced, the

characteristics of the facility and the nature of the activities carried out

there. Appropriate guidelines shall be considered and approved by the

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

31. Not later than 180 days after this Convention enters into force for a State

Party, it shall conclude facility agreements with the Organization, based on a

model agreement covering detailed inspection procedures for each facility.

32. Each State Party planning to establish such a facility after entry into force of

this Convention shall conclude a facility agreement with the Organization

before the facility begins operation or is used.

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

PART VII

ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION

IN ACCORDANCE WITH ARTICLE VI

REGIME FOR SCHEDULE 2 CHEMICALS AND FACILITIES

RELATED TO SUCH CHEMICALS

DECLARATIONS

Declarations of aggregate national data

1. The initial and annual declarations to be provided by each State Party

pursuant to Article VI, paragraphs 7 and 8, shall include aggregate national

data for the previous calendar year on the quantities produced, processed,

consumed, imported and exported of each Schedule 2 chemical, as well as a

quantitative specification of import and export for each country involved.

2. Each State Party shall submit

(a) Initial declarations pursuant to paragraph 1 not later than 30 days after

this Convention enters into force for it; and, starting in the following

calendar year,

(b) Annual declarations not later than 90 days after the end of the previous

calendar year.

Declarations of plant sites producing, processing or consuming Schedule 2

chemicals

3. Initial and annual declarations are required for all plant sites that comprise

one or more plant(s) which produced, processed or consumed during any of

the previous three calendar years or is anticipated to produce, process or

consume in the next calendar year more than

(a) 1 kg of a chemical designated "*" in Schedule 2, part A;

(b) 100 kg of any other chemical listed in Schedule 2, part A; or

(c) 1 tonne of a chemical listed in Schedule 2, part B.

4. Each State Party shall submit

(a) Initial declarations pursuant to paragraph 3 not later than 30 days after

this Convention enters into force for it; and, starting in the following

calendar year;

(b) Annual declarations on past activities not later than 90 days after the

end of the previous calendar year;

(c) Annual declarations on anticipated activities not later than 60 days

before the beginning of the following calendar year. Any such activity

additionally planned after the annual declaration has been submitted

shall be declared not later than five days before this activity begins.

5. Declarations pursuant to paragraph 3 are generally not required for mixtures

containing a low concentration of a Schedule 2 chemical. They are only

required, in accordance with guidelines, in cases where the ease of recovery

from the mixture of the Schedule 2 chemical and its total weight are deemed

to pose a risk to the object and purpose of this Convention. These guidelines

shall be considered and approved by the Conference pursuant to Article

VIII, paragraph 21 (i).

6. Declarations of a plant site pursuant to paragraph 3 shall include

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 115

(a) The name of the plant site and the name of the owner, company, or

enterprise operating it;

(b) Its precise location including the address; and

(c) The number of plants within the plant site which are declared pursuant

to Part VIII of this Annex.

7. Declarations of a plant site pursuant to paragraph 3 shall also include, for

each plant which is located within the plant site and which falls under the

specifications set forth in paragraph 3, the following information

(a) The name of the plant and the name of the owner, company, or

enterprise operating it;

(b) Its precise location within the plant site including the specific building

or structure number, if any;

(c) Its main activities;

(d) Whether the plant

(i) Produces, processes, or consumes the declared Schedule 2

chemical(s);

(ii) Is dedicated to such activities or multi-purpose; and

(iii) Performs other activities with regard to the declared Schedule 2

chemical(s), including a specification of that other activity (e.g.

storage); and

(e) The production capacity of the plant for each declared Schedule 2

chemical.

8. Declarations of a plant site pursuant to paragraph 3 shall also include the

following information on each Schedule 2 chemical above the declaration

threshold

(a) The chemical name, common or trade name used by the facility,

structural formula, and Chemical Abstracts Service registry number, if

assigned;

(b) In the case of the initial declaration: the total amount produced,

processed, consumed, imported and exported by the plant site in each of

the three previous calendar years;

(c) In the case of the annual declaration on past activities: the total amount

produced, processed, consumed, imported and exported by the plant site

in the previous calendar year;

(d) In the case of the annual declaration on anticipated activities: the total

amount anticipated to be produced, processed or consumed by the plant

site in the following calendar year, including the anticipated time

periods for production, processing or consumption; and

(e) The purposes for which the chemical was or will be produced, processed

or consumed

(i) Processing and consumption on site with a specification of the

product types;

(ii) Sale or transfer within the territory or to any other place under the

jurisdiction or control of the State Party, with a specification

whether to other industry, trader or other destination and, if

possible, of final product types;

(iii) Direct export, with a specification of the States involved; or

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

(iv)

Other, including a specification of these other purposes.

Declarations on past production of Schedule 2 chemicals for chemical weapons

purposes

9. Each State Party shall, not later than 30 days after this Convention enters

into force for it, declare all plant sites comprising plants that produced at

any time since 1 January 1946 a Schedule 2 chemical for chemical weapons

purposes.

10. Declarations of a plant site pursuant to paragraph 9 shall include

(a) The name of the plant site and the name of the owner, company, or

enterprise operating it;

(b) Its precise location including the address;

(c) For each plant which is located within the plant site, and which falls

under the specifications set forth in paragraph 9, the same information

as required under paragraph 7, sub-paragraphs (a) to (e); and

(d) For each Schedule 2 chemical produced for chemical weapons purposes

(i) The chemical name, common or trade name used by the plant site

for chemical weapons production purposes, structural formula,

and Chemical Abstracts Service registry number, if assigned;

(ii) The dates when the chemical was produced and the quantity

produced; and

(iii) The location to which the chemical was delivered and the final

product produced there, if known.

Information to States Parties

11. A list of plant sites declared under this Section together with the information

provided under paragraphs 6, 7 (a), 7 (c), 7 (d) (i), 7 (d) (iii), 8 (a) and 10

shall be transmitted by the Technical Secretariat to States Parties upon

request.

VERIFICATION

General

12. Verification provided for in Article VI, paragraph 4, shall be carried out

through on-site inspection at those of the declared plant sites that comprise

one or more plants which produced, processed or consumed during any of

the previous three calendar years or are anticipated to produce, process or

consume in the next calendar year more than

(a) 10 kg of a chemical designated "*" in Schedule 2, part A;

(b) 1 tonne of any other chemical listed in Schedule 2, part A; or

(c) 10 tonnes of a chemical listed in Schedule 2, part B.

13. The programme and budget of the Organization to be adopted by the

Conference pursuant to Article VIII, paragraph 21 (a) shall contain, as a

separate item, a programme and budget for verification under this Section.

In the allocation of resources made available for verification under Article

VI, the Technical Secretariat shall, during the first three years after the entry

into force of this Convention, give priority to the initial inspections of plant

sites declared under Section A. The allocation shall thereafter be reviewed

on the basis of the experience gained.

14. The Technical Secretariat shall conduct initial inspections and subsequent

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 117

inspections in accordance with paragraphs 15 to 22.

Inspection aims

15. The general aim of inspections shall be to verify that activities are in

accordance with obligations under this Convention and consistent with the

information to be provided in declarations. Particular aims of inspections at

plant sites declared under Section A shall include verification of

(a) The absence of any Schedule 1 chemical, especially its production,

except if in accordance with Part VI of this Annex;

(b) Consistency with declarations of levels of production, processing or

consumption of Schedule 2 chemicals; and

(c) Non-diversion of Schedule 2 chemicals for activities prohibited under

this Convention.

Initial inspections

16. Each plant site to be inspected pursuant to paragraph 12 shall receive an

initial inspection as soon as possible but preferably not later than three years

after entry into force of this Convention. Plant sites declared after this

period shall receive an initial inspection not later than one year after

production, processing or consumption is first declared. Selection of plant

sites for initial inspections shall be made by the Technical Secretariat in

such a way as to preclude the prediction of precisely when the plant site is to

be inspected.

17. During the initial inspection, a draft facility agreement for the plant site

shall be prepared unless the inspected State Party and the Technical

Secretariat agree that it is not needed.

18. With regard to frequency and intensity of subsequent inspections, inspectors

shall during the initial inspection assess the risk to the object and purpose of

this Convention posed by the relevant chemicals, the characteristics of the

plant site and the nature of the activities carried out there, taking into

account, inter alia, the following criteria

(a) The toxicity of the scheduled chemicals and of the end-products

produced with it, if any;

(b) The quantity of the scheduled chemicals typically stored at the

inspected site;

(c) The quantity of feedstock chemicals for the scheduled chemicals

typically stored at the inspected site;

(d) The production capacity of the Schedule 2 plants; and

(e) The capability and convertibility for initiating production, storage and

filling of toxic chemicals at the inspected site.

Inspections

19. Having received the initial inspection, each plant site to be inspected

pursuant to paragraph 12 shall be subject to subsequent inspections.

20. In selecting particular plant sites for inspection and in deciding on the

frequency and intensity of inspections, the Technical Secretariat shall give

due consideration to the risk to the object and purpose of this Convention

posed by the relevant chemical, the characteristics of the plant site and the

nature of the activities carried out there, taking into account the respective

facility agreement as well as the results of the initial inspections and

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

subsequent inspections.

21. The Technical Secretariat shall choose a particular plant site to be inspected

in such a way as to preclude the prediction of exactly when it will be

inspected.

22. No plant site shall receive more than two inspections per calendar year

under the provisions of this Section. This, however, shall not limit

inspections pursuant to Article IX.

Inspection procedures

23. In addition to agreed guidelines, other relevant provisions of this Annex and

the Confidentiality Annex, paragraphs 24 to 30 below shall apply.

24. A facility agreement for the declared plant site shall be concluded not later

than 90 days after completion of the initial inspection between the inspected

State Party and the Organization unless the inspected State Party and the

Technical Secretariat agree that it is not needed. It shall be based on a model

agreement and govern the conduct of inspections at the declared plant site.

The agreement shall specify the frequency and intensity of inspections as

well as detailed inspection procedures, consistent with paragraphs 25 to 29.

25. The focus of the inspection shall be the declared Schedule 2 plant(s) within

the declared plant site. If the inspection team requests access to other parts

of the plant site, access to these areas shall be granted in accordance with the

obligation to provide clarification pursuant to Part II, paragraph 51, of this

Annex and in accordance with the facility agreement, or, in the absence of a

facility agreement, in accordance with the rules of managed access as

specified in Part X, Section C, of this Annex.

26. Access to records shall be provided, as appropriate, to provide assurance

that there has been no diversion of the declared chemical and that production

has been consistent with declarations.

27. Sampling and analysis shall be undertaken to check for the absence of

undeclared scheduled chemicals.

28. Areas to be inspected may include

(a) Areas where feed chemicals (reactants) are delivered or stored;

(b) Areas where manipulative processes are performed upon the reactants

prior to addition to the reaction vessels;

(c) Feed lines as appropriate from the areas referred to in sub-paragraph (a)

or sub-paragraph (b) to the reaction vessels together with any associated

valves, flow meters, etc.;

(d) The external aspect of the reaction vessels and ancillary equipment;

(e) Lines from the reaction vessels leading to long- or short-term storage or

to equipment further processing the declared Schedule 2 chemicals;

(f) Control equipment associated with any of the items under sub-

paragraphs (a) to (e);

(g) Equipment and areas for waste and effluent handling;

(h) Equipment and areas for disposition of chemicals not up to

specification.

29. The period of inspection shall not last more than 96 hours; however,

extensions may be agreed between the inspection team and the inspected

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 119

State Party.

Notification of inspection

30. A State Party shall be notified by the Technical Secretariat of the inspection

not less than 48 hours before the arrival of the inspection team at the plant

site to be inspected.

TRANSFERS TO STATES NOT PARTY TO THIS CONVENTION

31. *

Schedule 2 chemicals shall only be transferred to or received from States

Parties. This obligation shall take effect three years after entry into force of

this Convention.

32. † During this interim three-year period, each State Party shall require an end-

use certificate, as specified below, for transfers of Schedule 2 chemicals to

States not Party to this Convention. For such transfers, each State Party shall

adopt the necessary measures to ensure that the transferred chemicals shall

only be used for purposes not prohibited under this Convention. Inter alia,

the State Party shall require from the recipient State a certificate stating, in

relation to the transferred chemicals

(a) That they will only be used for purposes not prohibited under this

Convention;

(b) That they will not be re-transferred;

(c) Their types and quantities;

(d) Their end-use(s); and

(e) The name(s) and address(es) of the end-user(s).

* The date of coming into force of the provisions of this paragraph is the 29th April, 2000 - see Legal

Notice 216 of 2000.

† The provisions of this paragraph no longer have effect see Legal Notice 216 of 2000.

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

PART VIII

ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION

IN ACCORDANCE WITH ARTICLE VI

REGIME FOR SCHEDULE 3 CHEMICALS AND FACILITIES

RELATED TO SUCH CHEMICALS

DECLARATIONS

Declarations of aggregate national data

1. The initial and annual declarations to be provided by a State Party pursuant

to Article VI, paragraphs 7 and 8, shall include aggregate national data for

the previous calendar year on the quantities produced, imported and

exported of each Schedule 3 chemical, as well as a quantitative specification

of import and export for each country involved.

2. Each State Party shall submit

(a) Initial declarations pursuant to paragraph 1 not later than 30 days after

this Convention enters into force for it; and, starting in the following

calendar year,

(b) Annual declarations not later than 90 days after the end of the previous

calendar year.

Declarations of plant sites producing Schedule 3 chemicals

3. Initial and annual declarations are required for all plant sites that comprise

one or more plants which produced during the previous calendar year or are

anticipated to produce in the next calendar year more than 30 tonnes of a

Schedule 3 chemical.

4. Each State Party shall submit

(a) Initial declarations pursuant to paragraph 3 not later than 30 days after

this Convention enters into force for it; and, starting in the following

calendar year;

(b) Annual declarations on past activities not later than 90 days after the

end of the previous calendar year;

(c) Annual declarations on anticipated activities not later than 60 days

before the beginning of the following calendar year. Any such activity

additionally planned after the annual declaration has been submitted

shall be declared not later than five days before this activity begins.

5. Declarations pursuant to paragraph 3 are generally not required for mixtures

containing a low concentration of a Schedule 3 chemical. They are only

required, in accordance with guidelines, in such cases where the ease of

recovery from the mixture of the Schedule 3 chemical and its total weight

are deemed to pose a risk to the object and purpose of this Convention.

These guidelines shall be considered and approved by the Conference

pursuant to Article VIII, paragraph 21 (i).

6. Declarations of a plant site pursuant to paragraph 3 shall include

(a) The name of the plant site and the name of the owner, company, or

enterprise operating it;

(b) Its precise location including the address; and

(c) The number of plants within the plant site which are declared pursuant

to Part VII of this Annex.

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 121

7. Declarations of a plant site pursuant to paragraph 3 shall also include, for

each plant which is located within the plant site and which falls under the

specifications set forth in paragraph 3, the following information

(a) The name of the plant and the name of the owner, company, or

enterprise operating it;

(b) Its precise location within the plant site, including the specific building

or structure number, if any;

(c) Its main activities.

8. Declarations of a plant site pursuant to paragraph 3 shall also include the

following information on each Schedule 3 chemical above the declaration

threshold

(a) The chemical name, common or trade name used by the facility,

structural formula, and Chemical Abstracts Service registry number, if

assigned;

(b) The approximate amount of production of the chemical in the previous

calendar year, or, in case of declarations on anticipated activities,

anticipated for the next calendar year, expressed in the ranges: 30 to 200

tonnes, 200 to 1,000 tonnes, 1,000 to 10,000 tonnes, 10,000 to 100,000

tonnes, and above 100,000 tonnes; and

(c) The purposes for which the chemical was or will be produced.

Declarations on past production of Schedule 3 chemicals for chemical weapons

purposes

9. Each State Party shall, not later than 30 days after this Convention enters

into force for it, declare all plant sites comprising plants that produced at

any time since 1 January 1946 a Schedule 3 chemical for chemical weapons

purposes.

10. Declarations of a plant site pursuant to paragraph 9 shall include

(a) The name of the plant site and the name of the owner, company, or

enterprise operating it;

(b) Its precise location including the address;

(c) For each plant which is located within the plant site, and which falls

under the specifications set forth in paragraph 9, the same information

as required under paragraph 7, sub-paragraphs (a) to (c); and

(d) For each Schedule 3 chemical produced for chemical weapons purposes

(i) The chemical name, common or trade name used by the plant site

for chemical weapons production purposes, structural formula,

and Chemical Abstracts Service registry number, if assigned;

(ii) The dates when the chemical was produced and the quantity

produced; and

(iii) The location to which the chemical was delivered and the final

product produced there, if known.

Information to States Parties

11. A list of plant sites declared under this Section together with the information

provided under paragraphs 6, 7 (a), 7 (c), 8 (a) and 10 shall be transmitted

by the Technical Secretariat to States Parties upon request.

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

VERIFICATION

General

12. Verification provided for in paragraph 5 of Article VI shall be carried out

through on-site inspections at those declared plant sites which produced

during the previous calendar year or are anticipated to produce in the next

calendar year in excess of 200 tonnes aggregate of any Schedule 3 chemical

above the declaration threshold of 30 tonnes.

13. The programme and budget of the Organization to be adopted by the

Conference pursuant toArticle VIII, paragraph 21 (a), shall contain, as a

separate item, a programme and budget for verification under this Section

taking into account Part VII, paragraph 13, of this Annex.

14. Under this Section, the Technical Secretariat shall randomly select plant

sites for inspection through appropriate mechanisms, such as the use of

specially designed computer software, on the basis of the following

weighting factors

(a) Equitable geographical distribution of inspections; and

(b) The information on the declared plant sites available to the Technical

Secretariat, related to the relevant chemical, the characteristics of the

plant site and the nature of the activities carried out there.

15. No plant site shall receive more than two inspections per year under the

provisions of this Section. This, however, shall not limit inspections

pursuant to Article IX.

16. In selecting plant sites for inspection under this Section, the Technical

Secretariat shall observe the following limitation for the combined number

of inspections to be received by a State Party per calendar year under this

Part and Part IX of this Annex: the combined number of inspections shall

not exceed three plus 5 per cent of the total number of plant sites declared by

a State Party under both this Part and Part IX of this Annex, or 20

inspections, whichever of these two figures is lower.

Inspection aims

17. At plant sites declared under Section A, the general aim of inspections shall

be to verify that activities are consistent with the information to be provided

in declarations. The particular aim of inspections shall be the verification of

the absence of any Schedule 1 chemical, especially its production, except if

in accordance with Part VI of this Annex.

Inspection procedures

18. In addition to agreed guidelines, other relevant provisions of this Annex and

the Confidentiality Annex, paragraphs 19 to 25 below shall apply.

19. There shall be no facility agreement, unless requested by the inspected State

Party.

20. The focus of the inspections shall be the declared Schedule 3 plant(s) within

the declared plant site. If the inspection team, in accordance with Part II,

paragraph 51, of this Annex, requests access to other parts of the plant site

for clarification of ambiguities, the extent of such access shall be agreed

between the inspection team and the inspected State Party.

21. The inspection team may have access to records in situations in which the

inspection team and the inspected State Party agree that such access will

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 123

assist in achieving the objectives of the inspection.

22. Sampling and on-site analysis may be undertaken to check for the absence of

undeclared scheduled chemicals. In case of unresolved ambiguities, samples

may be analysed in a designated off-site laboratory, subject to the inspected

State Party’s agreement.

23. Areas to be inspected may include

(a) Areas where feed chemicals (reactants) are delivered or stored;

(b) Areas where manipulative processes are performed upon the reactants

prior to addition to the reaction vessel;

(c) Feed lines as appropriate from the areas referred to in sub-paragraph (a)

or sub-paragraph (b) to the reaction vessel together with any associated

valves, flow meters, etc.;

(d) The external aspect of the reaction vessels and ancillary equipment;

(e) Lines from the reaction vessels leading to long- or short-term storage or

to equipment further processing the declared Schedule 3 chemicals;

(f) Control equipment associated with any of the items under sub-

paragraphs (a) to (e);

(g) Equipment and areas for waste and effluent handling;

(h) Equipment and areas for disposition of chemicals not up to

specification.

24. The period of inspection shall not last more than 24 hours; however,

extensions may be agreed between the inspection team and the inspected

State Party.

Notification of inspection

25. A State Party shall be notified by the Technical Secretariat of the inspection

not less than 120 hours before the arrival of the inspection team at the plant

site to be inspected.

TRANSFERS TO STATES NOT PARTY TO THIS CONVENTION

26. When transferring Schedule 3 chemicals to States not Party to this

Convention, each State Party shall adopt the necessary measures to ensure

that the transferred chemicals shall only be used for purposes not prohibited

under this Convention. Inter alia, the State Party shall require from the

recipient State a certificate stating, in relation to the transferred chemicals

(a) That they will only be used for purposes not prohibited under this

Convention;

(b) That they will not be re-transferred;

(c) Their types and quantities;

(d) Their end-use(s); and

(e) The name(s) and address(es) of the end-user(s).

27. Five years after entry into force of this Convention, the Conference shall

consider the need to establish other measures regarding transfers of

Schedule 3 chemicals to States not Party to this Convention.

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

PART IX

ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION

IN ACCORDANCE WITH ARTICLE VI

REGIME FOR OTHER CHEMICAL PRODUCTION FACILITIES

DECLARATIONS

List of other chemical production facilities

1. The initial declaration to be provided by each State Party pursuant to Article

VI, paragraph 7, shall include a list of all plant sites that

(a) Produced by synthesis during the previous calendar year more than 200

tonnes of unscheduled discrete organic chemicals; or

(b) Comprise one or more plants which produced by synthesis during the

previous calendar year more than 30 tonnes of an unscheduled discrete

organic chemical containing the elements phosphorus, sulfur or fluorine

(hereinafter referred to as "PSF-plants" and "PSF-chemical").

2. The list of other chemical production facilities to be submitted pursuant to

paragraph 1 shall not include plant sites that exclusively produced

explosives or hydrocarbons.

3. Each State Party shall submit its list of other chemical production facilities

pursuant to paragraph 1 as part of its initial declaration not later than 30 days

after this Convention enters into force for it. Each State Party shall, not later

than 90 days after the beginning of each following calendar year, provide

annually the information necessary to update the list.

4. The list of other chemical production facilities to be submitted pursuant to

paragraph 1 shall include the following information on each plant site

(a) The name of the plant site and the name of the owner, company, or

enterprise operating it;

(b) The precise location of the plant site including its address;

(c) Its main activities; and

(d) The approximate number of plants producing the chemicals specified in

paragraph 1 in the plant site.

5. With regard to plant sites listed pursuant to paragraph 1 (a), the list shall

also include information on the approximate aggregate amount of production

of the unscheduled discrete organic chemicals in the previous calendar year

expressed in the ranges: under 1,000 tonnes, 1,000 to 10,000 tonnes and

above 10,000 tonnes.

6. With regard to plant sites listed pursuant to paragraph 1 (b), the list shall

also specify the number of PSF-plants within the plant site and include

information on the approximate aggregate amount of production of PSF-

chemicals produced by each PSF-plant in the previous calendar year

expressed in the ranges: under 200 tonnes, 200 to 1,000 tonnes, 1,000 to

10,000 tonnes and above 10,000 tonnes.

Assistance by the Technical Secretariat

7. If a State Party, for administrative reasons, deems it necessary to ask for

assistance in compiling its list of chemical production facilities pursuant to

paragraph 1, it may request the Technical Secretariat to provide such

assistance. Questions as to the completeness of the list shall then be resolved

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 125

through consultations between the State Party and the Technical Secretariat.

Information to States Parties

8. The lists of other chemical production facilities submitted pursuant to

paragraph 1, including the information provided under paragraph 4, shall be

transmitted by the Technical Secretariat to States Parties upon request.

VERIFICATION

General

9. Subject to the provisions of Section C, verification as provided for in Article

VI, paragraph 6, shall be carried out through on-site inspection at

(a) Plant sites listed pursuant to paragraph 1 (a); and

(b) Plant sites listed pursuant to paragraph 1 (b) that comprise one or more

PSF-plants which produced during the previous calendar year more than

200 tonnes of a PSF-chemical.

10. The programme and budget of the Organization to be adopted by the

Conference pursuant to Article VIII, paragraph 21 (a), shall contain, as a

separate item, a programme and budget for verification under this Section

after its implementation has started.

11. Under this Section, the Technical Secretariat shall randomly select plant

sites for inspection through appropriate mechanisms, such as the use of

specially designed computer software, on the basis of the following

weighting factors

(a) Equitable geographical distribution of inspections;

(b) The information on the listed plant sites available to the Technical

Secretariat, related to the characteristics of the plant site and the

activities carried out there; and

(c) Proposals by States Parties on a basis to be agreed upon in accordance

with paragraph 25.

12. No plant site shall receive more than two inspections per year under the

provisions of this Section. This, however, shall not limit inspections

pursuant to Article IX.

13. In selecting plant sites for inspection under this Section, the Technical

Secretariat shall observe the following limitation for the combined number

of inspections to be received by a State Party per calendar year under this

Part and Part VIII of this Annex: the combined number of inspections shall

not exceed three plus 5 per cent of the total number of plant sites declared by

a State Party under both this Part and Part VIII of this Annex, or 20

inspections, whichever of these two figures is lower.

Inspection aims

14. At plant sites listed under Section A, the general aim of inspections shall be

to verify that activities are consistent with the information to be provided in

declarations. The particular aim of inspections shall be the verification of

the absence of any Schedule 1 chemical, especially its production, except if

in accordance with Part VI of this Annex.

Inspection procedures

15. In addition to agreed guidelines, other relevant provisions of this Annex and

the Confidentiality Annex, paragraphs 16 to 20 below shall apply.

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

16. There shall be no facility agreement, unless requested by the inspected State

Party.

17. The focus of inspection at a plant site selected for inspection shall be the

plant(s) producing the chemicals specified in paragraph l, in particular the

PSF-plants listed pursuant to paragraph 1 (b). The inspected State Party shall

have the right to manage access to these plants in accordance with the rules

of managed access as specified in Part X, Section C, of this Annex. If the

inspection team, in accordance with Part II, paragraph 51, of this Annex,

r e q u e s t s a c c e s s t o o t h e r p a r t s o f t h e p l a n t s i t e f o r c l a r i f i c a ti o n o f

ambiguities, the extent of such access shall be agreed between the inspection

team and the inspected State Party.

18. The inspection team may have access to records in situations in which the

inspection team and the inspected State Party agree that such access will

assist in achieving the objectives of the inspection.

19. Sampling and on-site analysis may be undertaken to check for the absence of

undeclared scheduled chemicals. In cases of unresolved ambiguities,

samples may be analysed in a designated off-site laboratory, subject to the

inspected State Party’s agreement.

20. The period of inspection shall not last more than 24 hours; however,

extensions may be agreed between the inspection team and the inspected

State Party.

Notification of inspection

21. A State Party shall be notified by the Technical Secretariat of the inspection

not less than 120 hours before the arrival of the inspection team at the plant

site to be inspected.

IMPLEMENTATION AND REVIEW OF SECTION B

Implementation

22. The implementation of Section B shall start at the beginning of the fourth

year after entry into force of this Convention unless the Conference, at its

regular session in the third year after entry into force of this Convention,

decides otherwise.

23. The Director-General shall, for the regular session of the Conference in the

third year after entry into force of this Convention, prepare a report which

outlines the experience of the Technical Secretariat in implementing the

provisions of Parts VII and VIII of this Annex as well as of Section A of this

Part.

24. At its regular session in the third year after entry into force of this

Convention, the Conference, on the basis of a report of the Director-General,

may also decide on the distribution of resources available for verification

under Section B between "PSF-plants" and other chemical production

facilities. Otherwise, this distribution shall be left to the expertise of the

Technical Secretariat and be added to the weighting factors in paragraph 11.

25. At its regular session in the third year after entry into force of this

Convention, the Conference, upon advice of the Executive Council, shall

decide on which basis (e.g. regional) proposals by States Parties for

inspections should be presented to be taken into account as a weighting

factor in the selection process specified in paragraph 11.

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 127

Review

26. At the first special session of the Conference convened pursuant to Article

VIII, paragraph 22, the provisions of this Part of the Verification Annex

shall be re-examined in the light of a comprehensive review of the overall

verification regime for the chemical industry (Article VI, Parts VII to IX of

this Annex) on the basis of the experience gained. The Conference shall then

make recommendations so as to improve the effectiveness of the verification

regime.

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

PART X

CHALLENGE INSPECTIONS PURSUANT TO ARTICLE IX

DESIGNATION AND

SELECTION

OF

INSPECTORS

AND

INSPECTION ASSISTANTS

1. Challenge inspections pursuant to Article IX shall only be performed by

inspectors and inspection assistants especially designated for this function.

In order to designate inspectors and inspection assistants for challenge

inspections pursuant to Article IX, the Director-General shall, by selecting

inspectors and inspection assistants from among the inspectors and

inspection assistants for routine inspection activities, establish a list of

proposed inspectors and inspection assistants. It shall comprise a sufficiently

large number of inspectors and inspection assistants having the necessary

qualification, experience, skill and training, to allow for flexibility in the

selection of the inspectors, taking into account their availability, and the

need for rotation. Due regard shall be paid also to the importance of

selecting inspectors and inspection assistants on as wide a geographical

basis as possible. The designation of inspectors and inspection assistants

shall follow the procedures provided for under Part II, Section A, of this

Annex.

2. The Director-General shall determine the size of the inspection team and

select its members taking into account the circumstances of a particular

request. The size of the inspection team shall be kept to a minimum

necessary for the proper fulfilment of the inspection mandate. No national of

the requesting State Party or the inspected State Party shall be a member of

the inspection team.

PRE-INSPECTION ACTIVITIES

3. Before submitting the inspection request for a challenge inspection, the

State Party may seek confirmation from the Director-General that the

Technical Secretariat is in a position to take immediate action on the request.

If the Director-General cannot provide such confirmation immediately, he

shall do so at the earliest opportunity, in keeping with the order of requests

for confirmation. He shall also keep the State Party informed of when it is

likely that immediate action can be taken. Should the Director-General reach

the conclusion that timely action on requests can no longer be taken, he may

ask the Executive Council to take appropriate action to improve the situation

in the future.

Notification

4. The inspection request for a challenge inspection to be submitted to the

Executive Council and the Director-General shall contain at least the

following information

(a)

The State Party to be inspected and, if applicable, the Host State;

(b)

The point of entry to be used;

(c)

The size and type of the inspection site;

(d)

The concern regarding possible non-compliance with this Convention

including a specification of the relevant provisions of this Convention

about which the concern has arisen, and of the nature and circumstances

of the possible non-compliance as well as all appropriate information on

the basis of which the concern has arisen; and

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 129

(e) The name of the observer of the requesting State Party.

The requesting State Party may submit any additional information it deems

necessary.

5. The Director-General shall within one hour acknowledge to the requesting

State Party receipt of its request.

6. The requesting State Party shall notify the Director-General of the location

of the inspection site in due time for the Director-General to be able to

provide this information to the inspected State Party not less than 12 hours

before the planned arrival of the inspection team at the point of entry.

7. The inspection site shall be designated by the requesting State Party as

specifically as possible by providing a site diagram related to a reference

point with geographic coordinates, specified to the nearest second if

possible. If possible, the requesting State Party shall also provide a map with

a general indication of the inspection site and a diagram specifying as

precisely as possible the requested perimeter of the site to be inspected.

8. The requested perimeter shall

(a) Run at least a 10 metre distance outside any buildings or other

structures;

(b) Not cut through existing security enclosures; and

(c) Run at least a 10 metre distance outside any existing security enclosures

that the requesting State Party intends to include within the requested

perimeter.

9. If the requested perimeter does not conform with the specifications of

paragraph 8, it shall be redrawn by the inspection team so as to conform with

that provision.

10. The Director-General shall, not less than 12 hours before the planned arrival

of the inspection team at the point of entry, inform the Executive Council

about the location of the inspection site as specified in paragraph 7.

11. Contemporaneously with informing the Executive Council according to

paragraph 10, the Director-General shall transmit the inspection request to

the inspected State Party including the location of the inspection site as

specified in paragraph 7. This notification shall also include the information

specified in Part II, paragraph 32, of this Annex.

12. Upon arrival of the inspection team at the point of entry, the inspected State

Party shall be informed by the inspection team of the inspection mandate.

Entry into the territory of the inspected State Party or the Host State

13. The Director-General shall, in accordance with Article IX, paragraphs 13 to

18, dispatch an inspection team as soon as possible after an inspection

request has been received. The inspection team shall arrive at the point of

entry specified in the request in the minimum time possible, consistent with

the provisions of paragraphs 10 and 11.

14. If the requested perimeter is acceptable to the inspected State Party, it shall

be designated as the final perimeter as early as possible, but in no case later

than 24 hours after the arrival of the inspection team at the point of entry.

The inspected State Party shall transport the inspection team to the final

perimeter of the inspection site. If the inspected State Party deems it

necessary, such transportation may begin up to 12 hours before the expiry of

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

the time period specified in this paragraph for the designation of the final

perimeter. Transportation shall, in any case, be completed not later than 36

hours after the arrival of the inspection team at the point of entry.

15. For all declared facilities, the procedures in sub-paragraphs (a) and (b) shall

apply. (For the purposes of this Part, "declared facility" means all facilities

declared pursuant to Articles III, IV, and V. With regard to Article VI,

"declared facility" means only facilities declared pursuant to Part VI of this

Annex, as well as declared plants specified by declarations pursuant to Part

VII, paragraphs 7 and 10 (c), and Part VIII, paragraphs 7 and 10 (c), of this

Annex.)

(a) If the requested perimeter is contained within or conforms with the

declared perimeter, the declared perimeter shall be considered the final

perimeter. The final perimeter may, however, if agreed by the inspected

State Party, be made smaller in order to conform with the perimeter

requested by the requesting State Party.

(b) The inspected State Party shall transport the inspection team to the final

perimeter as soon as practicable, but in any case shall ensure their

arrival at the perimeter not later than 24 hours after the arrival of the

inspection team at the point of entry.

Alternative determination of final perimeter

16. At the point of entry, if the inspected State Party cannot accept the requested

perimeter, it shall propose an alternative perimeter as soon as possible, but

in any case not later than 24 hours after the arrival of the inspection team at

the point of entry. In case of differences of opinion, the inspected State Party

and the inspection team shall engage in negotiations with the aim of

reaching agreement on a final perimeter.

17. The alternative perimeter should be designated as specifically as possible in

accordance with paragraph 8. It shall include the whole of the requested

perimeter and should, as a rule, bear a close relationship to the latter, taking

into account natural terrain features and man-made boundaries. It should

normally run close to the surrounding security barrier if such a barrier exists.

The inspected State Party should seek to establish such a relationship

between the perimeters by a combination of at least two of the following

means

(a) An alternative perimeter that does not extend to an area significantly

greater than that of the requested perimeter;

(b) An alternative perimeter that is a short, uniform distance from the

requested perimeter;

(c) At least part of the requested perimeter is visible from the alternative

perimeter.

18. If the alternative perimeter is acceptable to the inspection team, it shall

become the final perimeter and the inspection team shall be transported from

the point of entry to that perimeter. If the inspected State Party deems it

necessary, such transportation may begin up to 12 hours before the expiry of

the time period specified in paragraph 16 for proposing an alternative

perimeter. Transportation shall, in any case, be completed not later than 36

hours after the arrival of the inspection team at the point of entry.

19. If a final perimeter is not agreed, the perimeter negotiations shall be

concluded as early as possible, but in no case shall they continue more than

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 131

24 hours after the arrival of the inspection team at the point of entry. If no

agreement is reached, the inspected State Party shall transport the inspection

team to a location at the alternative perimeter. If the inspected State Party

deems it necessary, such transportation may begin up to 12 hours before the

expiry of the time period specified in paragraph 16 for proposing an

alternative perimeter. Transportation shall, in any case, be completed not

later than 36 hours after the arrival of the inspection team at the point of

entry.

20. Once at the location, the inspected State Party shall provide the inspection

team with prompt access to the alternative perimeter to facilitate

negotiations and agreement on the final perimeter and access within the final

perimeter.

21. If no agreement is reached within 72 hours after the arrival of the inspection

team at the location, the alternative perimeter shall be designated the final

perimeter.

Verification of location

22. To help establish that the inspection site to which the inspection team has

been transported corresponds to the inspection site specified by the

requesting State Party, the inspection team shall have the right to use

approved location-finding equipment and have such equipment installed

according to its directions. The inspection team may verify its location by

reference to local landmarks identified from maps. The inspected State Party

shall assist the inspection team in this task.

Securing the site, exit monitoring

23. Not later than 12 hours after the arrival of the inspection team at the point of

entry, the inspected State Party shall begin collecting factual information of

all vehicular exit activity from all exit points for all land, air, and water

vehicles of the requested perimeter. It shall provide this information to the

inspection team upon its arrival at the alternative or final perimeter,

whichever occurs first.

24. This obligation may be met by collecting factual information in the form of

traffic logs, photographs, video recordings, or data from chemical evidence

equipment provided by the inspection team to monitor such exit activity.

Alternatively, the inspected State Party may also meet this obligation by

allowing one or more members of the inspection team independently to

maintain traffic logs, take photographs, make video recordings of exit

traffic, or use chemical evidence equipment, and conduct other activities as

may be agreed between the inspected State Party and the inspection team.

25. Upon the inspection team’s arrival at the alternative perimeter or final

perimeter, whichever occurs first, securing the site, which means exit

monitoring procedures by the inspection team, shall begin.

26. Such procedures shall include: the identification of vehicular exits, the

making of traffic logs, the taking of photographs, and the making of video

recordings by the inspection team of exits and exit traffic. The inspection

team has the right to go, under escort, to any other part of the perimeter to

check that there is no other exit activity.

27. Additional procedures for exit monitoring activities as agreed upon by the

inspection team and the inspected State Party may include, inter alia

(a) Use of sensors;

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

(b) Random selective access;

(c) Sample analysis.

28. All activities for securing the site and exit monitoring shall take place within

a band around the outside of the perimeter, not exceeding 50 metres in

width, measured outward.

29. The inspection team has the right to inspect on a managed access basis

vehicular traffic exiting the site. The inspected State Party shall make every

reasonable effort to demonstrate to the inspection team that any vehicle,

subject to inspection, to which the inspection team is not granted full access,

is not being used for purposes related to the possible non-compliance

concerns raised in the inspection request.

30. Personnel and vehicles entering and personnel and personal passenger

vehicles exiting the site are not subject to inspection.

31. The application of the above procedures may continue for the duration of the

inspection, but may not unreasonably hamper or delay the normal operation

of the facility.

Pre-inspection briefing and inspection plan

32. To facilitate development of an inspection plan, the inspected State Party

shall provide a safety and logistical briefing to the inspection team prior to

access.

33. The pre-inspection briefing shall be held in accordance with Part II,

paragraph 37, of this Annex. In the course of the pre-inspection briefing, the

inspected State Party may indicate to the inspection team the equipment,

documentation, or areas it considers sensitive and not related to the purpose

of the challenge inspection. In addition, personnel responsible for the site

shall brief the inspection team on the physical layout and other relevant

characteristics of the site. The inspection team shall be provided with a map

or sketch drawn to scale showing all structures and significant geographic

features at the site. The inspection team shall also be briefed on the

availability of facility personnel and records.

34. After the pre-inspection briefing, the inspection team shall prepare, on the

basis of the information available and appropriate to it, an initial inspection

plan which specifies the activities to be carried out by the inspection team,

including the specific areas of the site to which access is desired. The

inspection plan shall also specify whether the inspection team will be

divided into subgroups. The inspection plan shall be made available to the

representatives of the inspected State Party and the inspection site. Its

implementation shall be consistent with the provisions of Section C,

including those related to access and activities.

Perimeter activities

35. Upon the inspection team’s arrival at the final or alternative perimeter,

whichever occurs first, the team shall have the right to commence

immediately perimeter activities in accordance with the procedures set forth

under this Section, and to continue these activities until the completion of

the challenge inspection.

36. In conducting the perimeter activities, the inspection team shall have the

right to

(a) Use monitoring instruments in accordance with Part II, paragraphs 27 to

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 133

30, of this Annex

(b) Take wipes, air, soil or effluent samples; and

(c) Conduct any additional activities which may be agreed between the

inspection team and the inspected State Party.

37. The perimeter activities of the inspection team may be conducted within a

band around the outside of the perimeter up to 50 metres in width measured

outward from the perimeter. If the inspected State Party agrees, the

inspection team may also have access to any building or structure within the

perimeter band. All directional monitoring shall be oriented inward. For

declared facilities, at the discretion of the inspected State Party, the band

could run inside, outside, or on both sides of the declared perimeter.

CONDUCT OF INSPECTIONS

General rules

38. The inspected State Party shall provide access within the requested

perimeter as well as, if different, the final perimeter. The extent and nature

of access to a particular place or places within these perimeters shall be

negotiated between the inspection team and the inspected State Party on a

managed access basis.

39. The inspected State Party shall provide access within the requested

perimeter as soon as possible, but in any case not later than 108 hours after

the arrival of the inspection team at the point of entry in order to clarify the

concern regarding possible non-compliance with this Convention raised in

the inspection request.

40. Upon the request of the inspection team, the inspected State Party may

provide aerial access to the inspection site.

41. In meeting the requirement to provide access as specified in paragraph 38,

the inspected State Party shall be under the obligation to allow the greatest

degree of access taking into account any constitutional obligations it may

have with regard to proprietary rights or searches and seizures. The

inspected State Party has the right under managed access to take such

measures as are necessary to protect national security. The provisions in this

paragraph may not be invoked by the inspected State Party to conceal

evasion of its obligations not to engage in activities prohibited under this

Convention.

42. If the inspected State Party provides less than full access to places,

activities, or information, it shall be under the obligation to make every

reasonable effort to provide alternative means to clarify the possible non-

compliance concern that generated the challenge inspection.

43. Upon arrival at the final perimeter of facilities declared pursuant to Articles

IV, V and VI, access shall be granted following the pre-inspection briefing

and discussion of the inspection plan which shall be limited to the minimum

necessary and in any event shall not exceed three hours. For facilities

declared pursuant to Article III, paragraph 1 (d), negotiations shall be

conducted and managed access commenced not later than 12 hours after

arrival at the final perimeter.

44. In carrying out the challenge inspection in accordance with the inspection

request, the inspection team shall use only those methods necessary to

provide sufficient relevant facts to clarify the concern about possible non-

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

compliance with the provisions of this Convention, and shall refrain from

activities not relevant thereto. It shall collect and document such facts as are

related to the possible non-compliance with this Convention by the

inspected State Party, but shall neither seek nor document information which

is clearly not related thereto, unless the inspected State Party expressly

requests it to do so. Any material collected and subsequently found not to be

relevant shall not be retained.

45. The inspection team shall be guided by the principle of conducting the

challenge inspection in the least intrusive manner possible, consistent with

the effective and timely accomplishment of its mission. Wherever possible,

it shall begin with the least intrusive procedures it deems acceptable and

proceed to more intrusive procedures only as it deems necessary.

Managed access

46. The inspection team shall take into consideration suggested modifications of

the inspection plan and proposals which may be made by the inspected State

Party, at whatever stage of the inspection including the pre-inspection

briefing, to ensure that sensitive equipment, information or areas, not related

to chemical weapons, are protected.

47. The inspected State Party shall designate the perimeter entry/exit points to

be used for access. The inspection team and the inspected State Party shall

negotiate: the extent of access to any particular place or places within the

final and requested perimeters as provided in paragraph 48; the particular

inspection activities, including sampling, to be conducted by the inspection

team; the performance of particular activities by the inspected State Party;

and the provision of particular information by the inspected State Party.

48. In conformity with the relevant provisions in the Confidentiality Annex the

inspected State Party shall have the right to take measures to protect

sensitive installations and prevent disclosure of confidential information and

data not related to chemical weapons. Such measures may include, inter alia

(a) Removal of sensitive papers from office spaces;

(b) Shrouding of sensitive displays, stores, and equipment;

(c) Shrouding of sensitive pieces of equipment, such as computer or

electronic systems;

(d) Logging off of computer systems and turning off of data indicating

devices;

(e) Restriction of sample analysis to presence or absence of chemicals

listed in Schedules 1, 2 and 3 or appropriate degradation products;

(f) Using random selective access techniques whereby the inspectors are

requested to select a given percentage or number of buildings of their

choice to inspect; the same principle can apply to the interior and

content of sensitive buildings;

(g) In exceptional cases, giving only individual inspectors access to certain

parts of the inspection site.

49. The inspected State Party shall make every reasonable effort to demonstrate

to the inspection team that any object, building, structure, container or

vehicle to which the inspection team has not had full access, or which has

been protected in accordance with paragraph 48, is not used for purposes

related to the possible non-compliance concerns raised in the inspection

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 135

request.

50. This may be accomplished by means of, inter alia, the partial removal of a

shroud or environmental protection cover, at the discretion of the inspected

State Party, by means of a visual inspection of the interior of an enclosed

space from its entrance, or by other methods.

51. In the case of facilities declared pursuant to Articles IV, V and VI, the

following shall apply

(a) For facilities with facility agreements, access and activities within the

final perimeter shall be unimpeded within the boundaries established by

the agreements;

(b) For facilities without facility agreements, negotiation of access and

activities shall be governed by the applicable general inspection

guidelines established under this Convention;

(c) Access beyond that granted for inspections under Articles IV, V and VI

shall be managed in accordance with procedures of this section.

52. In the case of facilities declared pursuant to Article III, paragraph 1 (d), the

following shall apply: if the inspected State Party, using procedures of

paragraphs 47 and 48, has not granted full access to areas or structures not

related to chemical weapons, it shall make every reasonable effort to

demonstrate to the inspection team that such areas or structures are not used

for purposes related to the possible non-compliance concerns raised in the

inspection request.

Observer

53. In accordance with the provisions of Article IX, paragraph 12, on the

participation of an observer in the challenge inspection, the requesting State

Party shall liaise with the Technical Secretariat to coordinate the arrival of

the observer at the same point of entry as the inspection team within a

reasonable period of the inspection team’s arrival.

54. The observer shall have the right throughout the period of inspection to be in

communication with the embassy of the requesting State Party located in the

inspected State Party or in the Host State or, in the case of absence of an

embassy, with the requesting State Party itself. The inspected State Party

shall provide means of communication to the observer.

55. The observer shall have the right to arrive at the alternative or final

perimeter of the inspection site, wherever the inspection team arrives first,

and to have access to the inspection site as granted by the inspected State

Party. The observer shall have the right to make recommendations to the

inspection team, which the team shall take into account to the extent it

deems appropriate. Throughout the inspection, the inspection team shall

keep the observer informed about the conduct of the inspection and the

findings.

56. Throughout the in-country period, the inspected State Party shall provide or

arrange for the amenities necessary for the observer such as communication

means, interpretation services, transportation, working space, lodging, meals

and medical care. All the costs in connection with the stay of the observer on

the territory of the inspected State Party or the Host State shall be borne by

the requesting State Party.

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

Duration of inspection

57. The period of inspection shall not exceed 84 hours, unless extended by

agreement with the inspected State Party.

POST-INSPECTION ACTIVITIES

Departure

58. Upon completion of the post-inspection procedures at the inspection site, the

inspection team and the observer of the requesting State Party shall proceed

promptly to a point of entry and shall then leave the territory of the

inspected State Party in the minimum time possible.

Reports

59. The inspection report shall summarize in a general way the activities

conducted by the inspection team and the factual findings of the inspection

team, particularly with regard to the concerns regarding possible non-

compliance with this Convention cited in the request for the challenge

inspection, and shall be limited to information directly related to this

Convention. It shall also include an assessment by the inspection team of the

degree and nature of access and cooperation granted to the inspectors and

the extent to which this enabled them to fulfil the inspection mandate.

Detailed information relating to the concerns regarding possible non-

compliance with this Convention cited in the request for the challenge

inspection shall be submitted as an Appendix to the final report and be

retained within the Technical Secretariat under appropriate safeguards to

protect sensitive information.

60. The inspection team shall, not later than 72 hours after its return to its

primary work location, submit a preliminary inspection report, having taken

into account, inter alia, paragraph 17 of the Confidentiality Annex, to the

Director-General. The Director-General shall promptly transmit the

preliminary inspection report to the requesting State Party, the inspected

State Party and to the Executive Council.

61. A draft final inspection report shall be made available to the inspected State

Party not later than 20 days after the completion of the challenge inspection.

The inspected State Party has the right to identify any information and data

not related to chemical weapons which should, in its view, due to its

confidential character, not be circulated outside the Technical Secretariat.

The Technical Secretariat shall consider proposals for changes to the draft

final inspection report made by the inspected State Party and, using its own

discretion, wherever possible, adopt them. The final report shall then be

submitted not later than 30 days after the completion of the challenge

inspection to the Director-General for further distribution and consideration

in accordance with Article IX, paragraphs 21 to 25.

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 137

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

3. The request for an investigation of an alleged use of chemical weapons to be

submitted to the Director-General, to the extent possible, should include the

following information

(a) The State Party on whose territory use of chemical weapons is alleged

to have taken place;

(b) The point of entry or other suggested safe routes of access;

(c) Location and characteristics of the areas where chemical weapons are

alleged to have been used;

(d) When chemical weapons are alleged to have been used;

(e) Types of chemical weapons believed to have been used;

(f) Extent of alleged use;

(g) Characteristics of the possible toxic chemicals;

(h) Effects on humans, animals and vegetation;

(i) Request for specific assistance, if applicable.

4. The State Party which has requested an investigation may submit at any time

any additional information it deems necessary.

Notification

5. The Director-General shall immediately acknowledge receipt to the

requesting State Party of its request and inform the Executive Council and

all States Parties.

6. If applicable, the Director-General shall notify the State Party on whose

territory an investigation has been requested. The Director-General shall

also notify other States Parties if access to their territories might be required

during the investigation.

Assignment of inspection team

7. The Director-General shall prepare a list of qualified experts whose

particular field of expertise could be required in an investigation of alleged

use of chemical weapons and constantly keep this list updated. This list shall

be communicated, in writing, to each State Party not later than 30 days after

entry into force of this Convention and after each change to the list. Any

qualified expert included in this list shall be regarded as designated unless a

State Party, not later than 30 days after its receipt of the list, declares its non-

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

acceptance in writing.

8. The Director-General shall select the leader and members of an inspection

team from the inspectors and inspection assistants already designated for

challenge inspections taking into account the circumstances and specific

nature of a particular request. In addition, members of the inspection team

may be selected from the list of qualified experts when, in the view of the

Director-General, expertise not available among inspectors already

designated is required for the proper conduct of a particular investigation.

9. When briefing the inspection team, the Director-General shall include any

additional information provided by the requesting State Party, or any other

sources, to ensure that the inspection can be carried out in the most effective

and expedient manner.

Dispatch of inspection team

10. Immediately upon the receipt of a request for an investigation of alleged use

of chemical weapons the Director-General shall, through contacts with the

relevant States Parties, request and confirm arrangements for the safe

reception of the team.

11. The Director-General shall dispatch the team at the earliest opportunity,

taking into account the safety of the team.

12. If the inspection team has not been dispatched within 24 hours from the

receipt of the request, the Director-General shall inform the Executive

Council and the States Parties concerned about the reasons for the delay.

Briefings

13. The inspection team shall have the right to be briefed by representatives of

the inspected State Party upon arrival and at any time during the inspection.

14. Before the commencement of the inspection the inspection team shall

prepare an inspection plan to serve, inter alia, as a basis for logistic and

safety arrangements. The inspection plan shall be updated as need arises.

CONDUCT OF INSPECTIONS

Access

15. The inspection team shall have the right of access to any and all areas which

could be affected by the alleged use of chemical weapons. It shall also have

the right of access to hospitals, refugee camps and other locations it deems

relevant to the effective investigation of the alleged use of chemical

weapons. For such access, the inspection team shall consult with the

inspected State Party.

Sampling

16. The inspection team shall have the right to collect samples of types, and in

quantities it considers necessary. If the inspection team deems it necessary,

and if so requested by it, the inspected State Party shall assist in the

collection of samples under the supervision of inspectors or inspection

assistants. The inspected State Party shall also permit and cooperate in the

collection of appropriate control samples from areas neighbouring the site of

the alleged use and from other areas as requested by the inspection team.

17. Samples of importance in the investigation of alleged use include toxic

chemicals, munitions and devices, remnants of munitions and devices,

environmental samples (air, soil, vegetation, water, snow, etc.) and

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 139

biomedical samples from human or animal sources (blood, urine, excreta,

tissue, etc.).

18. If duplicate samples cannot be taken and the analysis is performed at off-site

laboratories, any remaining sample shall, if so requested, be returned to the

inspected State Party after the completion of the analysis.

Extension of inspection site

19. If the inspection team during an inspection deems it necessary to extend the

investigation into a neighbouring State Party, the Director-General shall

notify that State Party about the need for access to its territory and request

and confirm arrangements for the safe reception of the team.

Extension of inspection duration

20. If the inspection team deems that safe access to a specific area relevant to

the investigation is not possible, the requesting State Party shall be informed

immediately. If necessary, the period of inspection shall be extended until

safe access can be provided and the inspection team will have concluded its

mission.

Interviews

21. The inspection team shall have the right to interview and examine persons

who may have been affected by the alleged use of chemical weapons. It shall

also have the right to interview eyewitnesses of the alleged use of chemical

weapons and medical personnel, and other persons who have treated or have

come into contact with persons who may have been affected by the alleged

use of chemical weapons. The inspection team shall have access to medical

histories, if available, and be permitted to participate in autopsies, as

appropriate, of persons who may have been affected by the alleged use of

chemical weapons.

REPORTS

Procedures

22. The inspection team shall, not later than 24 hours after its arrival on the

territory of the inspected State Party, send a situation report to the Director-

General. It shall further throughout the investigation send progress reports

as necessary.

23. The inspection team shall, not later than 72 hours after its return to its

primary work location, submit a preliminary report to the Director-General.

The final report shall be submitted to the Director-General not later than 30

days after its return to its primary work location. The Director-General shall

promptly transmit the preliminary and final reports to the Executive Council

and to all States Parties.

Contents

24. The situation report shall indicate any urgent need for assistance and any

other relevant information. The progress reports shall indicate any further

need for assistance that might be identified during the course of the

investigation.

25. The final report shall summarize the factual findings of the inspection,

particularly with regard to the alleged use cited in the request. In addition, a

report of an investigation of an alleged use shall include a description of the

investigation process, tracing its various stages, with special reference to

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

(a) The locations and time of sampling and on-site analyses; and

(b) Supporting evidence, such as the records of interviews, the results of

medical examinations and scientific analyses, and the documents

examined by the inspection team.

If the inspection team collects through, inter alia, identification of any

26. impurities or other substances during laboratory analysis of samples taken,

any information in the course of its investigation that might serve to identify

the origin of any chemical weapons used, that information shall be included

in the report.

STATES NOT PARTY TO THIS CONVENTION

27. In the case of alleged use of chemical weapons involving a State not Party to

this Convention or in territory not controlled by a State Party, the

Organization shall closely cooperate with the Secretary-General of the

United Nations. If so requested, the Organization shall put its resources at

the disposal of the Secretary-General of the United Nations.

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 141

ANNEX ON THE PROTECTION OF CONFIDENTIAL INFORMATION

("CONFIDENTIALITY ANNEX")

CONTENTS

GENERAL PRINCIPLES FOR THE HANDLING OF CONFIDENTIAL

INFORMATION

EMPLOYMENT AND CONDUCT

OF

PERSONNEL

IN

THE

TECHNICAL SECRETARIAT

MEASURES TO PROTECT SENSITIVE INSTALLATIONS AND

PREVENT DISCLOSURE OF CONFIDENTIAL DATA IN THE COURSE

OF ON-SITE VERIFICATION ACTIVITIES

PROCEDURES IN CASE OF BREACHES OR ALLEGED BREACHES OF

CONFIDENTIALITY

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

GENERAL PRINCIPLES FOR THE HANDLING OF CONFIDENTIAL

INFORMATION

1. The obligation to protect confidential information shall pertain to the

verification of both civil and military activities and facilities. Pursuant to the

general obligations set forth in Article VIII, the Organization shall

(a) Require only the minimum amount of information and data necessary

for the timely and efficient carrying out of its responsibilities under this

Convention;

(b) Take the necessary measures to ensure that inspectors and other staff

members of the Technical Secretariat meet the highest standards of

efficiency, competence, and integrity;

(c) Develop agreements and regulations to implement the provisions of this

Convention and shall specify as precisely as possible the information to

which the Organization shall be given access by a State Party.

2. The Director-General shall have the primary responsibility for ensuring the

protection of confidential information. The Director-General shall establish

a stringent regime governing the handling of confidential information by the

Technical Secretariat, and in doing so, shall observe the following

guidelines

(a) Information shall be considered confidential if

(i) It is so designated by the State Party from which the information

was obtained and to which the information refers; or

(ii) In the judgment of the Director-General, its unauthorized

disclosure could reasonably be expected to cause damage to the

State Party to which it refers or to the mechanisms for

implementation of this Convention;

(b) All data and documents obtained by the Technical Secretariat shall be

evaluated by the appropriate unit of the Technical Secretariat in order to

establish whether they contain confidential information. Data required

by States Parties to be assured of the continued compliance with this

Convention by other States Parties shall be routinely provided to them.

Such data shall encompass

(i) The initial and annual reports and declarations provided by States

Parties under Articles III, IV, V and VI, in accordance with the

provisions set forth in the Verification Annex;

(ii) General reports on the results and effectiveness of verification

activities; and

(iii) Information to be supplied to all States Parties in accordance with

the provisions of this Convention;

(c) No information obtained by the Organization in connection with the

implementation of this Convention shall be published or otherwise

released, except, as follows

(i) General information on the implementation of this Convention

may be compiled and released publicly in accordance with the

decisions of the Conference or the Executive Council;

(ii) Any information may be released with the express consent of the

State Party to which the information refers;

(iii) Information classified as confidential shall be released by the

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 143

Organization only through procedures which ensure that the

release of information only occurs in strict conformity with the

needs of this Convention. Such procedures shall be considered

and approved by the Conference pursuant to Article VIII,

paragraph 21 (i);

(d)

The level of sensitivity of confidential data or documents shall be

established, based on criteria to be applied uniformly in order to ensure

their appropriate handling and protection. For this purpose, a

classification system shall be introduced, which by taking account of

relevant work undertaken in the preparation of this Convention shall

provide for clear criteria ensuring the inclusion of information into

appropriate categories of confidentiality and the justified durability of

the confidential nature of information. While providing for the

necessary flexibility in its implementation the classification system

shall protect the rights of States Parties providing confidential

information. A classification system shall be considered and approved

by the Conference pursuant to Article VIII, paragraph 21 (i);

(e)

Confidential information shall be stored securely at the premises of the

Organization. Some data or documents may also be stored with the

National Authority of a State Party. Sensitive information, including,

inter alia, photographs, plans and other documents required only for the

inspection of a specific facility may be kept under lock and key at this

facility;

(f)

To the greatest extent consistent with the effective implementation of

the verification provisions of this Convention, information shall be

handled and stored by the Technical Secretariat in a form that precludes

direct identification of the facility to which it pertains;

(g)

The amount of confidential information removed from a facility shall be

kept to the minimum necessary for the timely and effective

implementation of the verification provisions of this Convention; and

(h)

Access to confidential information shall be regulated in accordance with

its classification. The dissemination of confidential information within

the Organization shall be strictly on a need-to-know basis.

3. The Director-General shall report annually to the Conference on the

implementation of the regime governing the handling of confidential

information by the Technical Secretariat.

4. Each State Party shall treat information which it receives from the

Organization in accordance with the level of confidentiality established for

that information. Upon request, a State party shall provide details on the

handling of information provided to it by the Organization.

EMPLOYMENT AND CONDUCT

OF

PERSONNEL

IN

THE

TECHNICAL SECRETARIAT

5. Conditions of staff employment shall be such as to ensure that access to and

handling of confidential information shall be in conformity with the

procedures established by the Director-General in accordance with Section

6. Each position in the Technical Secretariat shall be governed by a formal

position description that specifies the scope of access to confidential

information, if any, needed in that position.

CAP. 392.] R ATIF ICATION OF CH EMICAL WEAPO NS CO NVENT IO N

7. The Director-General, the inspectors and the other members of the staff shall

not disclose even after termination of their functions to any unauthorized

persons any confidential information coming to their knowledge in the

performance of their official duties. They shall not communicate to any

State, organization or person outside the Technical Secretariat any

information to which they have access in connection with their activities in

relation to any State Party.

8. In the discharge of their functions inspectors shall only request the

information and data which are necessary to fulfil their mandate. They shall

not make any records of information collected incidentally and not related to

verification of compliance with this Convention.

9. The staff shall enter into individual secrecy agreements with the Technical

Secretariat covering their period of employment and a period of five years

after it is terminated.

10. In order to avoid improper disclosures, inspectors and staff members shall

be appropriately advised and reminded about security considerations and of

the possible penalties that they would incur in the event of improper

disclosure.

11. Not less than 30 days before an employee is given clearance for access to

confidential information that refers to activities on the territory or in any

other place under the jurisdiction or control of a State Party, the State Party

concerned shall be notified of the proposed clearance. For inspectors the

notification of a proposed designation shall fulfil this requirement.

12. In evaluating the performance of inspectors and any other employees of the

Technical Secretariat, specific attention shall be given to the employee’s

record regarding protection of confidential information.

MEASURES TO PROTECT SENSITIVE INSTALLATIONS AND

COURSE OF ON-SITE VERIFICATION ACTIVITIES

13. States Parties may take such measures as they deem necessary to protect

confidentiality, provided that they fulfil their obligations to demonstrate

compliance in accordance with the relevant Articles and the Verification

Annex. When receiving an inspection, the State Party may indicate to the

inspection team the equipment, documentation or areas that it considers

sensitive and not related to the purpose of the inspection.

14. Inspection teams shall be guided by the principle of conducting on-site

inspections in the least intrusive manner possible consistent with the

effective and timely accomplishment of their mission. They shall take into

consideration proposals which may be made by the State Party receiving the

inspection, at whatever stage of the inspection, to ensure that sensitive

equipment or information, not related to chemical weapons, is protected.

15. Inspection teams shall strictly abide by the provisions set forth in the

relevant Articles and Annexes governing the conduct of inspections. They

shall fully respect the procedures designed to protect sensitive installations

and to prevent the disclosure of confidential data.

16. In the elaboration of arrangements and facility agreements, due regard shall

be paid to the requirement of protecting confidential information.

Agreements on inspection procedures for individual facilities shall also

include specific and detailed arrangements with regard to the determination

RAT IF ICATION OF CHE MICA L WEAPO NS CO NVENT IO N [CAP. 392. 145

of those areas of the facility to which inspectors are granted access, the

storage of confidential information on-site, the scope of the inspection effort

in agreed areas, the taking of samples and their analysis, the access to

records and the use of instruments and continuous monitoring equipment.

17. The report to be prepared after each inspection shall only contain facts

relevant to compliance with this Convention. The report shall be handled in

accordance with the regulations established by the Organization governing

the handling of confidential information. If necessary, the information

contained in the report shall be processed into less sensitive forms before it

is transmitted outside the Technical Secretariat and the inspected State Party.

PROCEDURES IN CASE OF BREACHES OR ALLEGED BREACHES

OF CONFIDENTIALITY

18. The Director-General shall establish necessary procedures to be followed in

case of breaches or alleged breaches of confidentiality, taking into account

recommendations to be considered and approved by the Conference pursuant

to Article VIII, paragraph 21 (i).

19. The Director-General shall oversee the implementation of individual secrecy

agreements. The Director-General shall promptly initiate an investigation if,

in his judgment, there is sufficient indication that obligations concerning the

protection of confidential information have been violated. The Director-

General shall also promptly initiate an investigation if an allegation

concerning a breach of confidentiality is made by a State Party.

20. The Director-General shall impose appropriate punitive and disciplinary

measures on staff members who have violated their obligations to protect

confidential information. In cases of serious breaches, the immunity from

jurisdiction may be waived by the Director-General.

21. States Parties shall, to the extent possible, cooperate and support the

D i r e c t o r- G e n e r a l i n i n v e s t i g a t i n g a n y b r e a c h o r a l l e g e d b r e a c h o f

confidentiality and in taking appropriate action in case a breach has been

established.

22. The Organization shall not be held liable for any breach of confidentiality

committed by members of the Technical Secretariat.

23. For breaches involving both a State Party and the Organization, a

"Commission for the settlement of disputes related to confidentiality", set up

as a subsidiary organ of the Conference, shall consider the case. This

Commission shall be appointed by the Conference. Rules governing its

composition and operating procedures shall be adopted by the Conference at

its first session.