1993 Convention on the Prohibition of the Development, Production, Stockpiling, and use of Chemical Weapons and their Destruction - Restoring Life to War Zones | Warzone Initiatives - Restoring Life to War Zones

1993 Convention on the Prohibition of the Development, Production, Stockpiling, and use of Chemical Weapons and their Destruction.pdf

TABLE OF CONTENTS

PREAMBLE ……………………………………………………………………………………………………………. 1

ARTICLE I …………………………………………………………………………………………………………….2

General Obligations

ARTICLE II …………………………………………………………………………………………………………….3

Definitions and Criteria

ARTICLE III …………………………………………………………………………………………………………….7

Declarations

ARTICLE IV …………………………………………………………………………………………………………..10

Chemical Weapons

ARTICLE V …………………………………………………………………………………………………………..13

Chemical Weapons Production Facilities

ARTICLE VI ………………………………………………………………………………………………………….. 16

Activities not Prohibited Under this Convention

ARTICLE VII ………………………………………………………………………………………………………….. 18

National Implementation Measures

ARTICLE VIII…………………………………………………………………………………………………………. 20

The Organization

ARTICLE IX ………………………………………………………………………………………………………….. 30

Consultations, Cooperation and Fact-Finding

ARTICLE X ………………………………………………………………………………………………………….. 35

Assistance and Protection Against Chemical Weapons

ARTICLE XI ………………………………………………………………………………………………………….. 38

Economic and Technological Development

ARTICLE XII ………………………………………………………………………………………………………….. 39

Measures to Redress a Situation and to Ensure Compliance, including Sanctions

ARTICLE XIII…………………………………………………………………………………………………………. 39

Relation to Other International Agreements

ARTICLE XIV…………………………………………………………………………………………………………. 40

Settlement of Disputes

ARTICLE XV ………………………………………………………………………………………………………….. 41

Amendments

Table of Contents ii

TABLE OF CONTENTS (Continued)

ARTICLE XVI…………………………………………………………………………………………………………. 43

Duration and Withdrawal

ARTICLE XVII ……………………………………………………………………………………………………….. 43

Status of the Annexes

ARTICLE XVIII………………………………………………………………………………………………………. 43

Signature

ARTICLE XIX…………………………………………………………………………………………………………. 43

Ratification

ARTICLE XX ………………………………………………………………………………………………………….. 44

Accession

ARTICLE XXI…………………………………………………………………………………………………………. 44

Entry into Force

ARTICLE XXII ……………………………………………………………………………………………………….. 44

Reservations

ARTICLE XXIII………………………………………………………………………………………………………. 44

Depositary

ARTICLE XXIV………………………………………………………………………………………………………. 45

Authentic Texts

ANNEX ON CHEMICALS

A. GUIDELINES FOR SCHEDULES OF CHEMICALS……………………………………….. 49

B. SCHEDULES OF CHEMICALS …………………………………………………………………….. 51

iii Table of Contents

TABLE OF CONTENTS (Continued)

ANNEX ON IMPLEMENTATION AND VERIFICATION

(“VERIFICATION ANNEX”)

PART I DEFINITIONS……………………………………………………………………………………. 63

PART II GENERAL RULES OF VERIFICATION

A. DESIGNATION OF INSPECTORS AND INSPECTION ASSISTANTS….. 68

B. PRIVILEGES AND IMMUNITIES………………………………………………………. 69

C. STANDING ARRANGEMENTS …………………………………………………………. 71

Points of entry…………………………………………………………………………………….. 71

Arrangements for use of non-scheduled aircraft………………………………………. 72

Administrative arrangements………………………………………………………………… 72

Approved equipment……………………………………………………………………………. 73

D. PRE-INSPECTION ACTIVITIES…………………………………………………………. 73

Notification ………………………………………………………………………………………… 73

Entry into the territory of the inspected State Party or Host State and

transfer to the inspection site …………………………………………………………………74

Pre-inspection briefing…………………………………………………………………………. 74

E. CONDUCT OF INSPECTIONS……………………………………………………………. 75

General rules ………………………………………………………………………………………. 75

Safety ………………………………………………………………………………………………… 75

Communications …………………………………………………………………………………. 75

Inspection team and inspected State Party rights……………………………………… 76

Collection, handling and analysis of samples………………………………………….. 77

Extension of inspection duration …………………………………………………………… 78

Debriefing ………………………………………………………………………………………….. 78

F. DEPARTURE…………………………………………………………………………………….. 78

G. REPORTS………………………………………………………………………………………….. 78

H. APPLICATION OF GENERAL PROVISIONS……………………………………… 79

PART III GENERAL PROVISIONS FOR VERIFICATION MEASURES

PURSUANT TO ARTICLES IV, V AND VI, PARAGRAPH 3

A. INITIAL INSPECTIONS AND FACILITY AGREEMENTS…………………… 80

B. STANDING ARRANGEMENTS …………………………………………………………. 81

Table of Contents iv

TABLE OF CONTENTS (Continued)

C. PRE-INSPECTION ACTIVITIES…………………………………………………………. 82

PART IV (A) DESTRUCTION OF CHEMICAL WEAPONS AND ITS

VERIFICATION PURSUANT TO ARTICLE IV

A. DECLARATIONS………………………………………………………………………………. 83

Chemical weapons ………………………………………………………………………………. 83

Declarations of chemical weapons pursuant to Article III,

paragraph 1 (a) (iii) ………………………………………………………………………………85

Declarations of past transfers and receipts ……………………………………………… 85

Submission of the general plan for destruction of chemical weapons…………. 85

B. MEASURES TO SECURE THE STORAGE FACILITY AND

STORAGE FACILITY PREPARATION ………………………………………………. 86

C. DESTRUCTION…………………………………………………………………………………. 87

Principles and methods for destruction of chemical weapons……………………. 87

Order of destruction …………………………………………………………………………….. 87

Modification of intermediate destruction deadlines …………………………………. 89

Extension of the deadline for completion of destruction…………………………… 90

Detailed annual plans for destruction …………………………………………………….. 90

Annual reports on destruction……………………………………………………………….. 92

D. VERIFICATION…………………………………………………………………………………. 92

Verification of declarations of chemical weapons through on-site inspection 92

Systematic verification of storage facilities…………………………………………….. 93

Inspections and visits …………………………………………………………………………… 93

Systematic verification of the destruction of chemical weapons………………… 94

Chemical weapons storage facilities at chemical weapons destruction

facilities………………………………………………………………………………………………96

Systematic on-site verification measures at chemical weapons destruction

facilities………………………………………………………………………………………………97

PART IV (B) OLD CHEMICAL WEAPONS AND ABANDONED CHEMICAL

WEAPONS

A. GENERAL…………………………………………………………………………………………. 99

B. REGIME FOR OLD CHEMICAL WEAPONS………………………………………. 99

C. REGIME FOR ABANDONED CHEMICAL WEAPONS……………………… 100

v Table of Contents

TABLE OF CONTENTS (Continued)

PART V DESTRUCTION OF CHEMICAL WEAPONS PRODUCTION

FACILITIES AND ITS VERIFICATION PURSUANT TO ARTICLE V

A. DECLARATIONS…………………………………………………………………………….. 102

Declarations of chemical weapons production facilities …………………………. 102

Declarations of chemical weapons production facilities pursuant to Article

III, paragraph 1 (c) (iii) ……………………………………………………………………….104

Declarations of past transfers and receipts ……………………………………………. 104

Submission of general plans for destruction………………………………………….. 104

Submission of annual plans for destruction and annual reports on

destruction…………………………………………………………………………………………105

B. DESTRUCTION……………………………………………………………………………….. 106

General principles for destruction of chemical weapons production

facilities…………………………………………………………………………………………….106

Principles and methods for closure of a chemical weapons production

facility ………………………………………………………………………………………………106

Technical maintenance of chemical weapons production facilities prior to

their destruction …………………………………………………………………………………106

Principles and methods for temporary conversion of chemical weapons

production facilities into chemical weapons destruction facilities …………….107

Principles and methods related to destruction of a chemical weapons

production facility………………………………………………………………………………108

Order of destruction …………………………………………………………………………… 109

Detailed plans for destruction ……………………………………………………………… 110

Review of detailed plans…………………………………………………………………….. 111

C. VERIFICATION……………………………………………………………………………….. 112

Verification of declarations of chemical weapons production facilities

through on-site inspection……………………………………………………………………112

Systematic verification of chemical weapons production facilities and

cessation of their activities…………………………………………………………………..113

Verification of destruction of chemical weapons production facilities ……… 114

Verification of temporary conversion of a chemical weapons production

facility into a chemical weapons destruction facility……………………………….114

D. CONVERSION OF CHEMICAL WEAPONS PRODUCTION

FACILITIES TO PURPOSES NOT PROHIBITED UNDER THIS

CONVENTION ………………………………………………………………………………… 115

Procedures for requesting conversion…………………………………………………… 115

Actions pending a decision …………………………………………………………………. 117

Conditions for conversion…………………………………………………………………… 117

Decisions by the Executive Council and the Conference ………………………… 118

Table of Contents vi

TABLE OF CONTENTS (Continued)

Detailed plans for conversion ……………………………………………………………… 119

Review of detailed plans…………………………………………………………………….. 119

PART VI ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION IN

ACCORDANCE WITH ARTICLE VI

REGIME FOR SCHEDULE 1 CHEMICALS AND FACILITIES

RELATED TO SUCH CHEMICALS

A. GENERAL PROVISIONS …………………………………………………………………. 121

B. TRANSFERS……………………………………………………………………………………. 121

C. PRODUCTION…………………………………………………………………………………. 122

General principles for production ………………………………………………………… 122

Single small-scale facility…………………………………………………………………… 122

Other facilities…………………………………………………………………………………… 122

D. DECLARATIONS…………………………………………………………………………….. 123

Single small-scale facility…………………………………………………………………… 123

Other facilities referred to in paragraphs 10 and 11 ……………………………….. 124

E. VERIFICATION……………………………………………………………………………….. 125

Single small-scale facility…………………………………………………………………… 125

Other facilities referred to in paragraphs 10 and 11 ……………………………….. 126

PART VII ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION IN

ACCORDANCE WITH ARTICLE VI

REGIME FOR SCHEDULE 2 CHEMICALS AND

FACILITIESRELATED TO SUCH CHEMICALS

A. DECLARATIONS…………………………………………………………………………….. 127

Declarations of aggregate national data………………………………………………… 127

Declarations of plant sites producing, processing or consuming

Schedule 2 chemicals………………………………………………………………………….127

Declarations on past production of Schedule 2 chemicals for chemical

weapons purposes ………………………………………………………………………………129

Information to States Parties……………………………………………………………….. 130

B. VERIFICATION……………………………………………………………………………….. 130

General…………………………………………………………………………………………….. 130

Inspection aims …………………………………………………………………………………. 130

vii Table of Contents

TABLE OF CONTENTS (Continued)

Initial inspections………………………………………………………………………………. 131

Inspections ……………………………………………………………………………………….. 131

Inspection procedures ………………………………………………………………………… 132

Notification of inspection …………………………………………………………………… 133

C. TRANSFERS TO STATES NOT PARTY TO THIS CONVENTION …….. 133

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…………………………………………………………………………….. 134

Declarations of aggregate national data………………………………………………… 134

Declarations of plant sites producing Schedule 3 chemicals……………………. 134

Declarations on past production of Schedule 3 chemicals for chemical

weapons purposes ………………………………………………………………………………135

Information to States Parties……………………………………………………………….. 136

B. VERIFICATION……………………………………………………………………………….. 136

General…………………………………………………………………………………………….. 136

Inspection aims …………………………………………………………………………………. 137

Inspection procedures ………………………………………………………………………… 137

Notification of inspection …………………………………………………………………… 138

C. TRANSFERS TO STATES NOT PARTY TO THIS CONVENTION …….. 138

PART IX ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION IN

ACCORDANCE WITH ARTICLE VI

REGIME FOR OTHER CHEMICAL PRODUCTION FACILITIES

A. DECLARATIONS…………………………………………………………………………….. 139

List of other chemical production facilities …………………………………………… 139

Assistance by the Technical Secretariat………………………………………………… 140

Information to States Parties……………………………………………………………….. 140

B. VERIFICATION……………………………………………………………………………….. 140

General…………………………………………………………………………………………….. 140

Inspection aims …………………………………………………………………………………. 141

Inspection procedures ………………………………………………………………………… 141

Notification of inspection …………………………………………………………………… 142

Table of Contents viii

TABLE OF CONTENTS (Continued)

C. IMPLEMENTATION AND REVIEW OF SECTION B………………………… 142

Implementation …………………………………………………………………………………. 142

Review …………………………………………………………………………………………….. 142

PART X CHALLENGE INSPECTIONS PURSUANT TO ARTICLE IX

A. DESIGNATION AND SELECTION OF INSPECTORS AND

INSPECTION …………………………………………………………………………………… 143

B. PRE-INSPECTION ACTIVITIES……………………………………………………….. 143

Notification ………………………………………………………………………………………. 143

Entry into the territory of the inspected State Party or the Host State……….. 145

Alternative determination of final perimeter …………………………………………. 145

Verification of location………………………………………………………………………. 146

Securing the site, exit monitoring ………………………………………………………… 146

Pre-inspection briefing and inspection plan…………………………………………… 148

Perimeter activities ……………………………………………………………………………. 148

C. CONDUCT OF INSPECTIONS………………………………………………………….. 149

General rules …………………………………………………………………………………….. 149

Managed access ………………………………………………………………………………… 150

Observer…………………………………………………………………………………………… 151

Duration of inspection ……………………………………………………………………….. 152

D. POST-INSPECTION ACTIVITIES …………………………………………………….. 152

Departure …………………………………………………………………………………………. 152

Reports …………………………………………………………………………………………….. 152

PART XI INVESTIGATIONS IN CASES OF ALLEGED USE OF CHEMICAL

WEAPONS

A. GENERAL……………………………………………………………………………………….. 154

B. PRE-INSPECTION ACTIVITIES……………………………………………………….. 154

Request for an investigation ……………………………………………………………….. 154

Notification ………………………………………………………………………………………. 154

Assignment of inspection team……………………………………………………………. 155

Dispatch of inspection team………………………………………………………………… 155

Briefings…………………………………………………………………………………………… 155

ix Table of Contents

TABLE OF CONTENTS (Continued)

C. CONDUCT OF INSPECTIONS………………………………………………………….. 156

Access ……………………………………………………………………………………………… 156

Sampling ………………………………………………………………………………………….. 156

Extension of inspection site ………………………………………………………………… 156

Extension of inspection duration …………………………………………………………. 156

Interviews…………………………………………………………………………………………. 156

D. REPORTS………………………………………………………………………………………… 157

Procedures………………………………………………………………………………………… 157

Contents …………………………………………………………………………………………… 157

E. STATES NOT PARTY TO THIS CONVENTION ……………………………….. 157

ANNEX ON THE PROTECTION OF CONFIDENTIAL INFORMATION

(“CONFIDENTIALITY ANNEX”)

A. GENERAL PRINCIPLES FOR THE HANDLING OF CONFIDENTIAL

INFORMATION………………………………………………………………………………………….. 161

B. EMPLOYMENT AND CONDUCT OF PERSONNEL IN THE TECHNICAL

SECRETARIAT ………………………………………………………………………………………….. 163

C. MEASURES TO PROTECT SENSITIVE INSTALLATIONS AND PREVENT

DISCLOSURE OF CONFIDENTIAL DATA IN THE COURSE OF ON-SITE

VERIFICATION ACTIVITIES……………………………………………………………………… 164

D. PROCEDURES IN CASE OF BREACHES OR ALLEGED BREACHES OF

CONFIDENTIALITY…………………………………………………………………………………… 165

1 Preamble

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:

Article I 2

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;

(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.

3 Article II

ARTICLE II

DEFINITIONS AND CRITERIA

For the purposes of this Convention:

1. “Chemical Weapons” means the following, together or separately:

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

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

consistent with such purposes;

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

through the toxic properties of those toxic chemicals specified in subparagraph

(a), which would be released as a result of the employment of such munitions

and devices;

employment of munitions and devices specified in subparagraph (b).

2. “Toxic Chemical” means:

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

temporary incapacitation or permanent harm to humans or animals. This includes all

such chemicals, regardless of their origin or of their method of production, and

regardless of whether they are produced in facilities, in munitions or elsewhere.

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

identified for the application of verification measures are listed in Schedules

contained in the Annex on Chemicals.)

3. “Precursor” means:

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

method of a toxic chemical. This includes any key component of a binary or

multicomponent chemical system.

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

identified for the application of verification measures are listed in Schedules

contained in the Annex on Chemicals.)

4. “Key Component of Binary or Multicomponent Chemical Systems” (hereinafter

referred to as “key component”) means:

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

of the final product and reacts rapidly with other chemicals in the binary or

multicomponent system.

Article II 4

5. “Old Chemical Weapons” means:

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

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

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

weapons.

6. “Abandoned Chemical Weapons” means:

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

1 January 1925 on the territory of another State without the consent of the latter.

7. “Riot Control Agent” means:

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

irritation or disabling physical effects which disappear within a short time following

termination of exposure.

8. “Chemical Weapons Production Facility”:

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

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

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

technological stage”) where the material flows would contain, when

the equipment is in operation:

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

(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;

5 Article II

(b) Does not mean:

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

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

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

was produced as an unavoidable by-product of activities for purposes

not prohibited under this Convention, provided that the chemical does

not exceed 3 per cent of the total product and that the facility is subject

to declaration and inspection under the Annex on Implementation and

Verification (hereinafter referred to as “Verification Annex”); or

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

Schedule 1 for purposes not prohibited under this Convention as

referred to in Part VI of the Verification Annex.

9. “Purposes Not Prohibited Under this Convention” means:

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

purposes;

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

against toxic chemicals and to protection against chemical weapons;

dependent on the use of the toxic properties of chemicals as a method of

warfare;

(d) Law enforcement including domestic riot control purposes.

10. “Production Capacity” means:

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

technological process actually used or, if the process is not yet operational, planned to

be used at the relevant facility. It shall be deemed to be equal to the nameplate

capacity or, if the nameplate capacity is not available, to the design capacity. The

nameplate capacity is the product output under conditions optimized for maximum

quantity for the production facility, as demonstrated by one or more test-runs. The

design capacity is the corresponding theoretically calculated product output.

11. “Organization” means the Organization for the Prohibition of Chemical Weapons

established pursuant to Article VIII of this Convention.

12. For the purposes of Article VI:

(a) “Production” of a chemical means its formation through chemical reaction;

Article II 6

(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;

chemical reaction.

7 Article III

ARTICLE III

DECLARATIONS

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

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

(a) With respect to chemical weapons:

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

whether there are any chemical weapons located in any place under its

jurisdiction or control;

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

of chemical weapons it owns or possesses, or that are located in any

place under its jurisdiction or control, in accordance with Part IV (A),

paragraphs 1 to 3, of the Verification Annex, except for those chemical

weapons referred to in sub-subparagraph (iii);

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

possessed by another State and located in any place under the

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

paragraph 4, of the Verification Annex;

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

any chemical weapons since 1 January 1946 and specify the transfer or

receipt of such weapons, in accordance with Part IV (A), paragraph 5,

of the Verification Annex;

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

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

jurisdiction or control, in accordance with Part IV (A), paragraph 6, of

the Verification Annex;

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

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

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

paragraph 3, of the Verification Annex;

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

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

paragraph 8, of the Verification Annex;

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

other States and provide all available information in accordance with

Part IV (B), paragraph 10, of the Verification Annex;

Article III 8

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

facility under its ownership or possession, or that is or has been located

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

1 January 1946;

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

under its ownership or possession or that is or has been located in any

place under its jurisdiction or control at any time since 1 January 1946,

in accordance with Part V, paragraph 1, of the Verification Annex,

except for those facilities referred to in sub-subparagraph (iii);

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

another State has or has had under its ownership and possession and

that is or has been located in any place under the jurisdiction or control

of another State at any time since 1 January 1946, in accordance with

Part V, paragraph 2, of the Verification Annex;

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

any equipment for the production of chemical weapons since

1 January 1946 and specify the transfer or receipt of such equipment,

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

Annex;

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

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

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

paragraph 6, of the Verification Annex;

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

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

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

1 (i), of the Verification Annex;

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

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

any place under its jurisdiction or control, into a chemical weapons

destruction facility, in accordance with Part V, paragraph 7, of the

Verification Annex;

(d) With respect to other facilities:

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

facility or establishment under its ownership or possession, or located in any

place under its jurisdiction or control, and that has been designed, constructed

or used since 1 January 1946 primarily for development of chemical weapons.

Such declaration shall include, inter alia, laboratories and test and evaluation

sites;

9 Article III

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

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

of each chemical it holds for riot control purposes. This declaration shall be

updated not later than 30 days after any change becomes effective.

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

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

weapons buried on its territory before 1 January 1977 and which remain buried, or

which had been dumped at sea before 1 January 1985.

Article IV 10

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

11 Article IV

completed, that all chemical weapons specified in paragraph 1 have been

destroyed.

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

set forth in paragraph 6, it shall destroy chemical weapons specified in paragraph 1 as

soon as possible. The order of destruction and procedures for stringent verification

for such a State Party shall be determined by the Executive Council.

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

chemical weapons shall be reported, secured and destroyed in accordance with

Part IV (A) of the Verification Annex.

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

weapons, shall assign the highest priority to ensuring the safety of people and to

protecting the environment. Each State Party shall transport, sample, store and

destroy chemical weapons in accordance with its national standards for safety and

emissions.

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

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

control of another State, shall make the fullest efforts to ensure that these chemical

weapons are removed from its territory not later than one year after this Convention

enters into force for it. If they are not removed within one year, the State Party may

request the Organization and other States Parties to provide assistance in the

destruction of these chemical weapons.

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

information or assistance on a bilateral basis or through the Technical Secretariat

regarding methods and technologies for the safe and efficient destruction of chemical

weapons.

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

Verification Annex, the Organization shall consider measures to avoid unnecessary

duplication of bilateral or multilateral agreements on verification of chemical

weapons storage and their destruction among States Parties.

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

complementary to those undertaken pursuant to such a bilateral or multilateral

agreement, if it considers that:

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

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

Annex;

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

compliance with the relevant provisions of this Convention; and

Article IV 12

informed about their verification activities.

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

shall have the right to monitor the implementation of the bilateral or multilateral

agreement.

15. Nothing in paragraphs 13 and 14 shall affect the obligation of a State Party to provide

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

Annex.

16. Each State Party shall meet the costs of destruction of chemical weapons it is obliged

to destroy. It shall also meet the costs of verification of storage and destruction of

these chemical weapons unless the Executive Council decides otherwise. If the

Executive Council decides to limit verification measures of the Organization pursuant

to paragraph 13, the costs of complementary verification and monitoring by the

Organization shall be paid in accordance with the United Nations scale of assessment,

as specified in Article VIII, paragraph 7.

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

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

weapons buried on its territory before 1 January 1977 and which remain buried, or

which had been dumped at sea before 1 January 1985.

13 Article V

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.

Article V 14

9. Each State Party shall:

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

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

destruction of each facility begins;

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

destruction of all chemical weapons production facilities specified in

paragraph 1, not later than 90 days after the end of each annual destruction

period; and

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.

15 Article V

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

informed about their verification activities.

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

shall have the right to monitor the implementation of the bilateral or multilateral

agreement.

18. Nothing in paragraphs 16 and 17 shall affect the obligation of a State Party to make

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

19. Each State Party shall meet the costs of destruction of chemical weapons production

facilities it is obliged to destroy. It shall also meet the costs of verification under this

Article unless the Executive Council decides otherwise. If the Executive Council

decides to limit verification measures of the Organization pursuant to paragraph 16,

the costs of complementary verification and monitoring by the Organization shall be

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

Article VIII, paragraph 7.

Article VI 16

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.

17 Article VI

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

access to facilities as required in the Verification Annex.

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

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

this Convention and, in particular, abide by the provisions set forth in the Annex on

the Protection of Confidential Information (hereinafter referred to as “Confidentiality

Annex”).

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

hampering the economic or technological development of States Parties, and

international cooperation in the field of chemical activities for purposes not prohibited

under this Convention including the international exchange of scientific and technical

information and chemicals and equipment for the production, processing or use of

chemicals for purposes not prohibited under this Convention.

Article VII 18

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

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.

19 Article VII

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

obligations under this Convention and in accordance with the provisions set forth in

the Confidentiality Annex.

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

its functions and in particular to provide assistance to the Technical Secretariat.

Article VIII 20

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.

21 Article VIII

B. THE CONFERENCE OF THE STATES PARTIES

Composition, procedures and decision-making

9. The Conference of the States Parties (hereinafter referred to as “the Conference”)

shall be composed of all members of this Organization. Each member shall have one

representative in the Conference, who may be accompanied by alternates and

advisers.

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

30 days after the entry into force of this Convention.

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

decides otherwise.

12. Special sessions of the Conference shall be convened:

(a) When decided by the Conference;

(b) When requested by the Executive Council;

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

Convention.

Except in the case of subparagraph (d), the special session shall be convened not later

than 30 days after receipt of the request by the Director-General of the Technical

Secretariat, unless specified otherwise in the request.

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

accordance with Article XV, paragraph 2.

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

Conference decides otherwise.

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

session, it shall elect its Chairman and such other officers as may be required. They

shall hold office until a new Chairman and other officers are elected at the next

regular session.

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

Conference.

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

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

of the members present and voting. Decisions on matters of substance should be

Article VIII 22

taken as far as possible by consensus. If consensus is not attainable when an issue

comes up for decision, the Chairman shall defer any vote for 24 hours and during this

period of deferment shall make every effort to facilitate achievement of consensus,

and shall report to the Conference before the end of this period. If consensus is not

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

majority of members present and voting unless specified otherwise in this

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

not, that question shall be treated as a matter of substance unless otherwise decided by

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

Powers and functions

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

questions, matters or issues within the scope of this Convention, including those

relating to the powers and functions of the Executive Council and the Technical

Secretariat. It may make recommendations and take decisions on any questions,

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

attention by the Executive Council.

20. The Conference shall oversee the implementation of this Convention, and act in order

to promote its object and purpose. The Conference shall review compliance with this

Convention. It shall also oversee the activities of the Executive Council and the

Technical Secretariat and may issue guidelines in accordance with this Convention to

either of them in the exercise of their functions.

21. The Conference shall:

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

the Organization, submitted by the Executive Council, as well as consider

other reports;

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

accordance with paragraph 7;

(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;

23 Article VIII

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

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

to establish a Scientific Advisory Board to enable him, in the performance of

his functions, to render specialized advice in areas of science and technology

relevant to this Convention, to the Conference, the Executive Council or

States Parties. The Scientific Advisory Board shall be composed of

independent experts appointed in accordance with terms of reference adopted

by the Conference;

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

guidelines developed by the Preparatory Commission;

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

with Article X;

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

to redress and remedy any situation which contravenes the provisions of this

Convention, in accordance with Article XII.

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

year after the entry into force of this Convention, and at such other times within that

time period as may be decided upon, convene in special sessions to undertake reviews

of the operation of this Convention. Such reviews shall take into account any relevant

scientific and technological developments. At intervals of five years thereafter,

unless otherwise decided upon, further sessions of the Conference shall be convened

with the same objective.

C. THE EXECUTIVE COUNCIL

Composition, procedure and decision-making

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

right, in accordance with the principle of rotation, to serve on the Executive Council.

The members of the Executive Council shall be elected by the Conference for a term

of two years. In order to ensure the effective functioning of this Convention, due

regard being specially paid to equitable geographical distribution, to the importance

of chemical industry, as well as to political and security interests, the Executive

Council shall be composed as follows:

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

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

nine States Parties, three members shall, as a rule, be the States Parties with

the most significant national chemical industry in the region as determined by

internationally reported and published data; in addition, the regional group

shall agree also to take into account other regional factors in designating these

three members;

Article VIII 24

(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;

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

of these five States Parties, one member shall, as a rule, be the State Party with

the most significant national chemical industry in the region as determined by

internationally reported and published data; in addition, the regional group

shall agree also to take into account other regional factors in designating this

one member;

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

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

understood that, out of these seven States Parties, three members shall, as a

rule, be the States Parties with the most significant national chemical industry

in the region as determined by internationally reported and published data; in

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

factors in designating these three members;

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

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

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

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

chemical industry in the region as determined by internationally reported and

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

account other regional factors in designating these five members;

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

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

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

rotating member from these regions.

24. For the first election of the Executive Council 20 members shall be elected for a term

of one year, due regard being paid to the established numerical proportions as

described in paragraph 23.

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

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

composition of the Executive Council taking into account developments related to the

principles specified in paragraph 23 that are governing its composition.

26. The Executive Council shall elaborate its rules of procedure and submit them to the

Conference for approval.

25 Article VIII

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

28. The Executive Council shall meet for regular sessions. Between regular sessions it

shall meet as often as may be required for the fulfilment of its powers and functions.

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

specified in this Convention, the Executive Council shall take decisions on matters of

substance by a two-thirds majority of all its members. The Executive Council shall

take decisions on questions of procedure by a simple majority of all its members.

When the issue arises as to whether the question is one of substance or not, that

question shall be treated as a matter of substance unless otherwise decided by the

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

Powers and functions

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

responsible to the Conference. The Executive Council shall carry out the powers and

functions entrusted to it under this Convention, as well as those functions delegated to

it by the Conference. In so doing, it shall act in conformity with the

recommendations, decisions and guidelines of the Conference and assure their proper

and continuous implementation.

31. The Executive Council shall promote the effective implementation of, and compliance

with, this Convention. It shall supervise the activities of the Technical Secretariat,

cooperate with the National Authority of each State Party and facilitate consultations

and cooperation among States Parties at their request.

32. The Executive Council shall:

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

Organization;

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

the implementation of this Convention, the report on the performance of its

own activities and such special reports as it deems necessary or which the

Conference may request;

preparation of the draft agenda.

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

Conference.

34. The Executive Council shall:

(a) Conclude agreements or arrangements with States and international

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

Conference;

Article VIII 26

(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;

verification activities, negotiated by the Technical Secretariat with States

Parties.

35. The Executive Council shall consider any issue or matter within its competence

affecting this Convention and its implementation, including concerns regarding

compliance, and cases of non-compliance, and, as appropriate, inform States Parties

and bring the issue or matter to the attention of the Conference.

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

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

Convention, the Executive Council shall consult with the States Parties involved and,

as appropriate, request the State Party to take measures to redress the situation within

a specified time. To the extent that the Executive Council considers further action to

be necessary, it shall take, inter alia, one or more of the following measures:

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

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

situation and to ensure compliance.

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

issue or matter, including relevant information and conclusions, directly to the

attention of the United Nations General Assembly and the United Nations Security

Council. It shall at the same time inform all States Parties of this step.

D. THE TECHNICAL SECRETARIAT

37. The Technical Secretariat shall assist the Conference and the Executive Council in the

performance of their functions. The Technical Secretariat shall carry out the

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

functions entrusted to it under this Convention as well as those functions delegated to

it by the Conference and the Executive Council.

38. The Technical Secretariat shall:

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

of the Organization;

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

Organization on the implementation of this Convention and such other reports

as the Conference or the Executive Council may request;

27 Article VIII

Council and subsidiary organs;

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

from States Parties on matters pertaining to the implementation of this

Convention;

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

implementation of the provisions of this Convention, including evaluation of

scheduled and unscheduled chemicals.

39. The Technical Secretariat shall:

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

verification activities with States Parties, subject to approval by the Executive

Council;

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

the establishment and maintenance of permanent stockpiles of emergency and

humanitarian assistance by States Parties in accordance with Article X,

paragraphs 7 (b) and (c). The Technical Secretariat may inspect the items

maintained for serviceability. Lists of items to be stockpiled shall be

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

above;

made by the States Parties and register, when requested, bilateral agreements

concluded between States Parties or between a State Party and the

Organization for the purposes of Article X.

40. The Technical Secretariat shall inform the Executive Council of any problem that has

arisen with regard to the discharge of its functions, including doubts, ambiguities or

uncertainties about compliance with this Convention that have come to its notice in

the performance of its verification activities and that it has been unable to resolve or

clarify through its consultations with the State Party concerned.

41. The Technical Secretariat shall comprise a Director-General, who shall be its head

and chief administrative officer, inspectors and such scientific, technical and other

personnel as may be required.

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

supervision of the Director-General.

43. The Director-General shall be appointed by the Conference upon the recommendation

of the Executive Council for a term of four years, renewable for one further term, but

not thereafter.

Article VIII 28

44. The Director-General shall be responsible to the Conference and the Executive

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

Technical Secretariat. The paramount consideration in the employment of the staff

and in the determination of the conditions of service shall be the necessity of securing

the highest standards of efficiency, competence and integrity. Only citizens of States

Parties shall serve as the Director-General, as inspectors or as other members of the

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

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

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

proper discharge of the responsibilities of the Technical Secretariat.

45. The Director-General shall be responsible for the organization and functioning of the

Scientific Advisory Board referred to in paragraph 21 (h). The Director-General

shall, in consultation with States Parties, appoint members of the Scientific Advisory

Board, who shall serve in their individual capacity. The members of the Board shall

be appointed on the basis of their expertise in the particular scientific fields relevant

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

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

groups of scientific experts to provide recommendations on specific issues. In regard

to the above, States Parties may submit lists of experts to the Director-General.

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

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

from any other source external to the Organization. They shall refrain from any

action that might reflect on their positions as international officers responsible only to

the Conference and the Executive Council.

47. Each State Party shall respect the exclusively international character of the

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

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

E. PRIVILEGES AND IMMUNITIES

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

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

immunities as are necessary for the exercise of its functions.

49. Delegates of States Parties, together with their alternates and advisers, representatives

appointed to the Executive Council together with their alternates and advisers, the

Director-General and the staff of the Organization shall enjoy such privileges and

immunities as are necessary in the independent exercise of their functions in

connection with the Organization.

50. The legal capacity, privileges, and immunities referred to in this Article shall be

defined in agreements between the Organization and the States Parties as well as in an

agreement between the Organization and the State in which the headquarters of the

Organization is seated. These agreements shall be considered and approved by the

Conference pursuant to paragraph 21 (i).

29 Article VIII

51. Notwithstanding paragraphs 48 and 49, the privileges and immunities enjoyed by the

Director-General and the staff of the Technical Secretariat during the conduct of

verification activities shall be those set forth in Part II, Section B, of the Verification

Annex.

Article IX 30

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;

31 Article IX

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

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

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

State Party further clarification;

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

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

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

staff are not available in the Technical Secretariat, from elsewhere, to examine

all available information and data relevant to the situation causing the concern.

The group of experts shall submit a factual report to the Executive Council on

its findings;

(f) If the requesting State Party considers the clarification obtained under

subparagraphs (d) and (e) to be unsatisfactory, it shall have the right to request

a special session of the Executive Council in which States Parties involved

that are not members of the Executive Council shall be entitled to take part. In

such a special session, the Executive Council shall consider the matter and

may recommend any measure it deems appropriate to resolve the situation.

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

situation which has been considered ambiguous or has given rise to a concern about

its possible non-compliance with this Convention. The Executive Council shall

respond by providing such assistance as appropriate.

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

clarification provided in this Article.

7. If the doubt or concern of a State Party about a possible non-compliance has not been

resolved within 60 days after the submission of the request for clarification to the

Executive Council, or it believes its doubts warrant urgent consideration,

notwithstanding its right to request a challenge inspection, it may request a special

session of the Conference in accordance with Article VIII, paragraph 12 (c). At such

a special session, the Conference shall consider the matter and may recommend any

measure it deems appropriate to resolve the situation.

Procedures for challenge inspections

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

or location in the territory or in any other place under the jurisdiction or control of any

other State Party for the sole purpose of clarifying and resolving any questions

concerning possible non-compliance with the provisions of this Convention, and to

have this inspection conducted anywhere without delay by an inspection team

designated by the Director-General and in accordance with the Verification Annex.

Article IX 32

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

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

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

non-compliance with this Convention as specified in the Verification Annex. Each

State Party shall refrain from unfounded inspection requests, care being taken to avoid

abuse. The challenge inspection shall be carried out for the sole purpose of

determining facts relating to the possible non-compliance.

10. For the purpose of verifying compliance with the provisions of this Convention, each

State Party shall permit the Technical Secretariat to conduct the on-site challenge

inspection pursuant to paragraph 8.

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

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

State Party shall have:

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

compliance with this Convention and, to this end, to enable the inspection

team to fulfil its mandate;

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

of establishing facts relevant to the concern regarding possible

non-compliance; and

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.

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

33 Article IX

accordingly. When the inspection request fulfils the requirements, preparations for the

challenge inspection shall begin.

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

not less than 12 hours before the planned arrival of the inspection team at the point of

entry.

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

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

under its consideration throughout the inspection procedure. However, its

deliberations shall not delay the inspection process.

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

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

carrying out the challenge inspection, if it considers the inspection request to be

frivolous, abusive or clearly beyond the scope of this Convention as described in

paragraph 8. Neither the requesting nor the inspected State Party shall participate in

such a decision. If the Executive Council decides against the challenge inspection,

preparations shall be stopped, no further action on the inspection request shall be

taken, and the States Parties concerned shall be informed accordingly.

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

challenge inspection. The inspection mandate shall be the inspection request referred

to in paragraphs 8 and 9 put into operational terms, and shall conform with the

inspection request.

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

of alleged use, in accordance with Part XI of the Verification Annex. The inspection

team shall be guided by the principle of conducting the challenge inspection in the

least intrusive manner possible, consistent with the effective and timely

accomplishment of its mission.

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

inspection and facilitate its task. If the inspected State Party proposes, pursuant to

Part X, Section C, of the Verification Annex, arrangements to demonstrate

compliance with this Convention, alternative to full and comprehensive access, it

shall make every reasonable effort, through consultations with the inspection team, to

reach agreement on the modalities for establishing the facts with the aim of

demonstrating its compliance.

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

inspection team of the degree and nature of access and cooperation granted for the

satisfactory implementation of the challenge inspection. The Director-General shall

promptly transmit the final report of the inspection team to the requesting State Party,

to the inspected State Party, to the Executive Council and to all other States Parties.

The Director-General shall further transmit promptly to the Executive Council the

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

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

purpose, and then provide them to all States Parties.

Article IX 34

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

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

functions, that further action may be necessary with regard to paragraph 22, it shall

take the appropriate measures to redress the situation and to ensure compliance with

this Convention, including specific recommendations to the Conference. In the case

of abuse, the Executive Council shall examine whether the requesting State Party

should bear any of the financial implications of the challenge inspection.

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

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

Parties and the next session of the Conference of the outcome of the process.

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

Conference shall consider action in accordance with Article XII.

35 Article X

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;

Article X 36

it, the kind of assistance it might provide in response to an appeal by the

Organization. If, however, a State Party subsequently is unable to provide the

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

assistance in accordance with this paragraph.

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

paragraphs 9, 10 and 11, to receive assistance and protection against the use or threat

of use of chemical weapons if it considers that:

(a) Chemical weapons have been used against it;

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

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.

37 Article X

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

would give sufficient proof that there are victims of use of chemical weapons and

immediate action is indispensable, the Director-General shall notify all States Parties

and shall take emergency measures of assistance, using the resources the Conference

has placed at his disposal for such contingencies. The Director-General shall keep the

Executive Council informed of actions undertaken pursuant to this paragraph.

Article XI 38

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;

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.

39 Articles XII and XIII

ARTICLE XII

MEASURES TO REDRESS A SITUATION AND TO ENSURE COMPLIANCE,

INCLUDING SANCTIONS

1. The Conference shall take the necessary measures, as set forth in paragraphs 2, 3

and 4, to ensure compliance with this Convention and to redress and remedy any

situation which contravenes the provisions of this Convention. In considering action

pursuant to this paragraph, the Conference shall take into account all information and

recommendations on the issues submitted by the Executive Council.

2. In cases where a State Party has been requested by the Executive Council to take

measures to redress a situation raising problems with regard to its compliance, and

where the State Party fails to fulfil the request within the specified time, the

Conference may, inter alia, upon the recommendation of the Executive Council,

restrict or suspend the State Party’s rights and privileges under this Convention until it

undertakes the necessary action to conform with its obligations under this

Convention.

3. In cases where serious damage to the object and purpose of this Convention may

result from activities prohibited under this Convention, in particular by Article I, the

Conference may recommend collective measures to States Parties in conformity with

international law.

4. The Conference shall, in cases of particular gravity, bring the issue, including relevant

information and conclusions, to the attention of the United Nations General Assembly

and the United Nations Security Council.

ARTICLE XIII

RELATION TO OTHER INTERNATIONAL AGREEMENTS

Nothing in this Convention shall be interpreted as in any way limiting or detracting

from the obligations assumed by any State under the Protocol for the Prohibition of

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

Methods of Warfare, signed at Geneva on 17 June 1925, and under the Convention on

the Prohibition of the Development, Production and Stockpiling of Bacteriological

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

Moscow and Washington on 10 April 1972.

Article XIV 40

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.

41 Article XV

ARTICLE XV

AMENDMENTS

1. Any State Party may propose amendments to this Convention. Any State Party may

also propose changes, as specified in paragraph 4, to the Annexes of this Convention.

Proposals for amendments shall be subject to the procedures in paragraphs 2 and 3.

Proposals for changes, as specified in paragraph 4, shall be subject to the procedures

in paragraph 5.

2. The text of a proposed amendment shall be submitted to the Director-General for

circulation to all States Parties and to the Depositary. The proposed amendment shall

be considered only by an Amendment Conference. Such an Amendment Conference

shall be convened if one third or more of the States Parties notify the

Director-General not later than 30 days after its circulation that they support further

consideration of the proposal. The Amendment Conference shall be held immediately

following a regular session of the Conference unless the requesting States Parties ask

for an earlier meeting. In no case shall an Amendment Conference be held less than

60 days after the circulation of the proposed amendment.

3. Amendments shall enter into force for all States Parties 30 days after deposit of the

instruments of ratification or acceptance by all the States Parties referred to under

subparagraph (b) below:

(a) When adopted by the Amendment Conference by a positive vote of a majority

of all States Parties with no State Party casting a negative vote; and

(b) Ratified or accepted by all those States Parties casting a positive vote at the

Amendment Conference.

4. In order to ensure the viability and the effectiveness of this Convention, provisions in

the Annexes shall be subject to changes in accordance with paragraph 5, if proposed

changes are related only to matters of an administrative or technical nature. All

changes to the Annex on Chemicals shall be made in accordance with paragraph 5.

Sections A and C of the Confidentiality Annex, Part X of the Verification Annex, and

those definitions in Part I of the Verification Annex which relate exclusively to

challenge inspections, shall not be subject to changes in accordance with

paragraph 5.

5. Proposed changes referred to in paragraph 4 shall be made in accordance with the

following procedures:

(a) The text of the proposed changes shall be transmitted together with the

necessary information to the Director-General. Additional information for the

evaluation of the proposal may be provided by any State Party and the

Director-General. The Director-General shall promptly communicate any

such proposals and information to all States Parties, the Executive Council and

the Depositary;

Article XV 42

(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;

information available to it, including whether the proposal fulfils the

requirements of paragraph 4. Not later than 90 days after its receipt, the

Executive Council shall notify its recommendation, with appropriate

explanations, to all States Parties for consideration. States Parties shall

acknowledge receipt within 10 days;

(d) If the Executive Council recommends to all States Parties that the proposal be

adopted, it shall be considered approved if no State Party objects to it within

90 days after receipt of the recommendation. If the Executive Council

recommends that the proposal be rejected, it shall be considered rejected if no

State Party objects to the rejection within 90 days after receipt of the

recommendation;

(e) If a recommendation of the Executive Council does not meet with the

acceptance required under subparagraph (d), a decision on the proposal,

including whether it fulfils the requirements of paragraph 4, shall be taken as a

matter of substance by the Conference at its next session;

(f) The Director-General shall notify all States Parties and the Depositary of any

decision under this paragraph;

(g) Changes approved under this procedure shall enter into force for all States

Parties 180 days after the date of notification by the Director-General of their

approval unless another time period is recommended by the Executive Council

or decided by the Conference.

43 Articles XVI – XIX

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.

Articles XX – XXIII 44

ARTICLE XX

ACCESSION

Any State which does not sign this Convention before its entry into force may accede

to it at any time thereafter.

ARTICLE XXI

ENTRY INTO FORCE

1. This Convention shall enter into force 180 days after the date of the deposit of the

65th instrument of ratification, but in no case earlier than two years after its opening

for signature.

2. For States whose instruments of ratification or accession are deposited subsequent to

the entry into force of this Convention, it shall enter into force on the 30th day

following the date of deposit of their instrument of ratification or accession.

ARTICLE XXII

RESERVATIONS

The Articles of this Convention shall not be subject to reservations. The Annexes of

this Convention shall not be subject to reservations incompatible with its object and

purpose.

ARTICLE XXIII

DEPOSITARY

The Secretary-General of the United Nations is hereby designated as the Depositary

of this Convention and shall, inter alia:

(a) Promptly inform all signatory and acceding States of the date of each

signature, the date of deposit of each instrument of ratification or accession

and the date of the entry into force of this Convention, and of the receipt of

other notices;

(b) Transmit duly certified copies of this Convention to the Governments of all

signatory and acceding States; and

Nations.

45 Article XXIV

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.

47 Annex on Chemicals

ANNEX ON CHEMICALS

CONTENTS

A. GUIDELINES FOR SCHEDULES OF CHEMICALS……………………………………….. 49

B. SCHEDULES OF CHEMICALS …………………………………………………………………….. 51

49 Guidelines for Schedules of Chemicals

A. GUIDELINES FOR SCHEDULES OF CHEMICALS

Guidelines for Schedule 1

1. The following criteria shall be taken into account in considering whether a toxic

chemical or precursor should be included in Schedule 1:

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

defined in Article II;

(b) It poses otherwise a high risk to the object and purpose of this Convention by

virtue of its high potential for use in activities prohibited under this

Convention because one or more of the following conditions are met:

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

chemicals listed in Schedule 1, and has, or can be expected to have,

comparable properties;

(ii) It possesses such lethal or incapacitating toxicity as well as other

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

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

production of a toxic chemical listed in Schedule 1, regardless of

whether this stage takes place in facilities, in munitions or elsewhere;

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;

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 Schedules of Chemicals 50

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

(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;

importance in the production of one or more chemicals listed in Schedule 1 or

Schedule 2, part B;

(d) It may be produced in large commercial quantities for purposes not prohibited

under this Convention.

51 Schedules of Chemicals

B. SCHEDULES OF CHEMICALS

The following Schedules list toxic chemicals and their precursors. For the purpose of

implementing this Convention, these Schedules identify chemicals for the application

of verification measures according to the provisions of the Verification Annex.

Pursuant to Article II, subparagraph 1 (a), these Schedules do not constitute a

definition of chemical weapons.

(Whenever reference is made to groups of dialkylated chemicals, followed by a list of

alkyl groups in parentheses, all chemicals possible by all possible combinations of

alkyl groups listed in the parentheses are considered as listed in the respective

Schedule as long as they are not explicitly exempted. A chemical marked “*” on

Schedule 2, part A, is subject to special thresholds for declaration and verification, as

specified in Part VII of the Verification Annex.)

Schedule 1 (CAS registry

number)

A. Toxic chemicals:

(1) O-Alkyl (<C10, incl. cycloalkyl) alkyl

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

e.g. Sarin: O-Isopropyl methylphosphonofluoridate (107-44-8)

Soman: O-Pinacolyl methylphosphonofluoridate (96-64-0)

(2) O-Alkyl (<C10, incl. cycloalkyl) N,N-dialkyl

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

e.g. Tabun: O-Ethyl N,N-dimethyl

phosphoramidocyanidate (77-81-6)

(3) O-Alkyl (H or <C10, incl. cycloalkyl) S-2-dialkyl

(Me, Et, n-Pr or i-Pr)-aminoethyl alkyl

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

corresponding alkylated or protonated salts

e.g. VX: O-Ethyl S-2-diisopropylaminoethyl

methyl phosphonothiolate (50782-69-9)

(4) Sulfur mustards:

2-Chloroethylchloromethylsulfide (2625-76-5)

Mustard gas: Bis(2-chloroethyl)sulfide (505-60-2)

Bis(2-chloroethylthio)methane (63869-13-6)

Sesquimustard: 1,2-Bis(2-chloroethylthio)ethane (3563-36-8)

1,3-Bis(2-chloroethylthio)-n-propane (63905-10-2)

1,4-Bis(2-chloroethylthio)-n-butane (142868-93-7)

1,5-Bis(2-chloroethylthio)-n-pentane (142868-94-8)

Bis(2-chloroethylthiomethyl)ether (63918-90-1)

O-Mustard: Bis(2-chloroethylthioethyl)ether (63918-89-8)

Schedules of Chemicals 52

(5) Lewisites:

Lewisite 1: 2-Chlorovinyldichloroarsine (541-25-3)

Lewisite 2: Bis(2-chlorovinyl)chloroarsine (40334-69-8)

Lewisite 3: Tris(2-chlorovinyl)arsine (40334-70-1)

(6) Nitrogen mustards:

HN1: Bis(2-chloroethyl)ethylamine (538-07-8)

HN2: Bis(2-chloroethyl)methylamine (51-75-2)

HN3: Tris(2-chloroethyl)amine (555-77-1)

(7) Saxitoxin (35523-89-8)

(8) Ricin (9009-86-3)

B. Precursors:

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

e.g. DF: Methylphosphonyldifluoride (676-99-3)

(10) O-Alkyl (H or <C10, incl. cycloalkyl) O-2-dialkyl

(Me, Et, n-Pr or i-Pr)-aminoethyl alkyl

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

corresponding alkylated or protonated salts

e.g. QL: O-Ethyl O-2-diisopropylaminoethyl

methylphosphonite (57856-11-8)

(11) Chlorosarin: O-Isopropyl methylphosphonochloridate (1445-76-7)

(12) Chlorosoman: O-Pinacolyl methylphosphonochloridate (7040-57-5)

53 Schedules of Chemicals

Schedule 2

A. Toxic chemicals:

(1) Amiton: O,O-Diethyl S-[2-(diethylamino)ethyl]

phosphorothiolate (78-53-5)

and corresponding alkylated or protonated salts

(2) PFIB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-1-propene (382-21-8)

(3) BZ: 3-Quinuclidinyl benzilate (*) (6581-06-2)

B. Precursors:

(4) Chemicals, except for those listed in Schedule 1,

containing a phosphorus atom to which is bonded

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

but not further carbon atoms,

e.g. Methylphosphonyl dichloride (676-97-1)

Dimethyl methylphosphonate (756-79-6)

Exemption: Fonofos: O-Ethyl S-phenyl

ethylphosphonothiolothionate (944-22-9)

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

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

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

(7) Arsenic trichloride (7784-34-1)

(8) 2,2-Diphenyl-2-hydroxyacetic acid (76-93-7)

(9) Quinuclidin-3-ol (1619-34-7)

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

and corresponding protonated salts

(11) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols

and corresponding protonated salts

Exemptions: N,N-Dimethylaminoethanol (108-01-0)

and corresponding protonated salts

N,N-Diethylaminoethanol (100-37-8)

and corresponding protonated salts

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

and corresponding protonated salts

(13) Thiodiglycol: Bis(2-hydroxyethyl)sulfide (111-48-8)

(14) Pinacolyl alcohol: 3,3-Dimethylbutan-2-ol (464-07-3)

Schedules of Chemicals 54

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)

55 Verification Annex

ANNEX ON IMPLEMENTATION AND VERIFICATION

(“VERIFICATION ANNEX”)

CONTENTS

PART I DEFINITIONS……………………………………………………………………………………. 63

PART II GENERAL RULES OF VERIFICATION

A. DESIGNATION OF INSPECTORS AND INSPECTION ASSISTANTS….. 68

B. PRIVILEGES AND IMMUNITIES………………………………………………………. 69

C. STANDING ARRANGEMENTS …………………………………………………………. 71

Points of entry…………………………………………………………………………………….. 71

Arrangements for use of non-scheduled aircraft………………………………………. 72

Administrative arrangements………………………………………………………………… 72

Approved equipment……………………………………………………………………………. 73

D. PRE-INSPECTION ACTIVITIES…………………………………………………………. 73

Notification ………………………………………………………………………………………… 73

Entry into the territory of the inspected State Party or Host State and

transfer to the inspection site …………………………………………………………………74

Pre-inspection briefing…………………………………………………………………………. 74

E. CONDUCT OF INSPECTIONS……………………………………………………………. 75

General rules ………………………………………………………………………………………. 75

Safety ………………………………………………………………………………………………… 75

Communications …………………………………………………………………………………. 75

Inspection team and inspected State Party rights……………………………………… 76

Collection, handling and analysis of samples………………………………………….. 77

Extension of inspection duration …………………………………………………………… 78

Debriefing ………………………………………………………………………………………….. 78

F. DEPARTURE…………………………………………………………………………………….. 78

G. REPORTS………………………………………………………………………………………….. 78

H. APPLICATION OF GENERAL PROVISIONS……………………………………… 79

PART III GENERAL PROVISIONS FOR VERIFICATION MEASURES

PURSUANT TO ARTICLES IV, V AND VI, PARAGRAPH 3

A. INITIAL INSPECTIONS AND FACILITY AGREEMENTS…………………… 80

B. STANDING ARRANGEMENTS …………………………………………………………. 81

Verification Annex 56

C. PRE-INSPECTION ACTIVITIES…………………………………………………………. 82

PART IV (A) DESTRUCTION OF CHEMICAL WEAPONS AND ITS

VERIFICATION PURSUANT TO ARTICLE IV

A. DECLARATIONS………………………………………………………………………………. 83

Chemical weapons ………………………………………………………………………………. 83

Declarations of chemical weapons pursuant to Article III,

paragraph 1 (a) (iii) ………………………………………………………………………………85

Declarations of past transfers and receipts ……………………………………………… 85

Submission of the general plan for destruction of chemical weapons…………. 85

B. MEASURES TO SECURE THE STORAGE FACILITY AND

STORAGE FACILITY PREPARATION ………………………………………………. 86

C. DESTRUCTION…………………………………………………………………………………. 87

Principles and methods for destruction of chemical weapons……………………. 87

Order of destruction …………………………………………………………………………….. 87

Modification of intermediate destruction deadlines …………………………………. 89

Extension of the deadline for completion of destruction…………………………… 90

Detailed annual plans for destruction …………………………………………………….. 90

Annual reports on destruction……………………………………………………………….. 92

D. VERIFICATION…………………………………………………………………………………. 92

Verification of declarations of chemical weapons through on-site inspection 92

Systematic verification of storage facilities…………………………………………….. 93

Inspections and visits …………………………………………………………………………… 93

Systematic verification of the destruction of chemical weapons………………… 94

Chemical weapons storage facilities at chemical weapons destruction

facilities………………………………………………………………………………………………96

Systematic on-site verification measures at chemical weapons destruction

facilities………………………………………………………………………………………………97

PART IV (B) OLD CHEMICAL WEAPONS AND ABANDONED CHEMICAL

WEAPONS

A. GENERAL…………………………………………………………………………………………. 99

B. REGIME FOR OLD CHEMICAL WEAPONS………………………………………. 99

C. REGIME FOR ABANDONED CHEMICAL WEAPONS……………………… 100

57 Verification Annex

PART V DESTRUCTION OF CHEMICAL WEAPONS PRODUCTION

FACILITIES AND ITS VERIFICATION PURSUANT TO ARTICLE V

A. DECLARATIONS…………………………………………………………………………….. 102

Declarations of chemical weapons production facilities …………………………. 102

Declarations of chemical weapons production facilities pursuant to Article

III, paragraph 1 (c) (iii) ……………………………………………………………………….104

Declarations of past transfers and receipts ……………………………………………. 104

Submission of general plans for destruction………………………………………….. 104

Submission of annual plans for destruction and annual reports on

destruction…………………………………………………………………………………………105

B. DESTRUCTION……………………………………………………………………………….. 106

General principles for destruction of chemical weapons production

facilities…………………………………………………………………………………………….106

Principles and methods for closure of a chemical weapons production

facility ………………………………………………………………………………………………106

Technical maintenance of chemical weapons production facilities prior to

their destruction …………………………………………………………………………………106

Principles and methods for temporary conversion of chemical weapons

production facilities into chemical weapons destruction facilities …………….107

Principles and methods related to destruction of a chemical weapons

production facility………………………………………………………………………………108

Order of destruction …………………………………………………………………………… 109

Detailed plans for destruction ……………………………………………………………… 110

Review of detailed plans…………………………………………………………………….. 111

C. VERIFICATION……………………………………………………………………………….. 112

Verification of declarations of chemical weapons production facilities

through on-site inspection……………………………………………………………………112

Systematic verification of chemical weapons production facilities and

cessation of their activities…………………………………………………………………..113

Verification of destruction of chemical weapons production facilities ……… 114

Verification of temporary conversion of a chemical weapons production

facility into a chemical weapons destruction facility……………………………….114

D. CONVERSION OF CHEMICAL WEAPONS PRODUCTION

FACILITIES TO PURPOSES NOT PROHIBITED UNDER THIS

CONVENTION ………………………………………………………………………………… 115

Procedures for requesting conversion…………………………………………………… 115

Actions pending a decision …………………………………………………………………. 117

Conditions for conversion…………………………………………………………………… 117

Decisions by the Executive Council and the Conference ………………………… 118

Detailed plans for conversion ……………………………………………………………… 119

Review of detailed plans…………………………………………………………………….. 119

Verification Annex 58

PART VI ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION IN

ACCORDANCE WITH ARTICLE VI

REGIME FOR SCHEDULE 1 CHEMICALS AND FACILITIES

RELATED TO SUCH CHEMICALS

A. GENERAL PROVISIONS …………………………………………………………………. 121

B. TRANSFERS……………………………………………………………………………………. 121

C. PRODUCTION…………………………………………………………………………………. 122

General principles for production ………………………………………………………… 122

Single small-scale facility…………………………………………………………………… 122

Other facilities…………………………………………………………………………………… 122

D. DECLARATIONS…………………………………………………………………………….. 123

Single small-scale facility…………………………………………………………………… 123

Other facilities referred to in paragraphs 10 and 11 ……………………………….. 124

E. VERIFICATION……………………………………………………………………………….. 125

Single small-scale facility…………………………………………………………………… 125

Other facilities referred to in paragraphs 10 and 11 ……………………………….. 126

PART VII ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION IN

ACCORDANCE WITH ARTICLE VI

REGIME FOR SCHEDULE 2 CHEMICALS AND

FACILITIESRELATED TO SUCH CHEMICALS

A. DECLARATIONS…………………………………………………………………………….. 127

Declarations of aggregate national data………………………………………………… 127

Declarations of plant sites producing, processing or consuming

Schedule 2 chemicals………………………………………………………………………….127

Declarations on past production of Schedule 2 chemicals for chemical

weapons purposes ………………………………………………………………………………129

Information to States Parties……………………………………………………………….. 130

B. VERIFICATION……………………………………………………………………………….. 130

General…………………………………………………………………………………………….. 130

Inspection aims …………………………………………………………………………………. 130

Initial inspections………………………………………………………………………………. 131

Inspections ……………………………………………………………………………………….. 131

Inspection procedures ………………………………………………………………………… 132

Notification of inspection …………………………………………………………………… 133

59 Verification Annex

C. TRANSFERS TO STATES NOT PARTY TO THIS CONVENTION …….. 133

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…………………………………………………………………………….. 134

Declarations of aggregate national data………………………………………………… 134

Declarations of plant sites producing Schedule 3 chemicals……………………. 134

Declarations on past production of Schedule 3 chemicals for chemical

weapons purposes ………………………………………………………………………………135

Information to States Parties……………………………………………………………….. 136

B. VERIFICATION……………………………………………………………………………….. 136

General…………………………………………………………………………………………….. 136

Inspection aims …………………………………………………………………………………. 137

Inspection procedures ………………………………………………………………………… 137

Notification of inspection …………………………………………………………………… 138

C. TRANSFERS TO STATES NOT PARTY TO THIS CONVENTION …….. 138

PART IX ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION IN

ACCORDANCE WITH ARTICLE VI

REGIME FOR OTHER CHEMICAL PRODUCTION FACILITIES

A. DECLARATIONS…………………………………………………………………………….. 139

List of other chemical production facilities …………………………………………… 139

Assistance by the Technical Secretariat………………………………………………… 140

Information to States Parties……………………………………………………………….. 140

B. VERIFICATION……………………………………………………………………………….. 140

General…………………………………………………………………………………………….. 140

Inspection aims …………………………………………………………………………………. 141

Inspection procedures ………………………………………………………………………… 141

Notification of inspection …………………………………………………………………… 142

C. IMPLEMENTATION AND REVIEW OF SECTION B………………………… 142

Implementation …………………………………………………………………………………. 142

Review …………………………………………………………………………………………….. 142

Verification Annex 60

PART X CHALLENGE INSPECTIONS PURSUANT TO ARTICLE IX

A. DESIGNATION AND SELECTION OF INSPECTORS AND

INSPECTION …………………………………………………………………………………… 143

B. PRE-INSPECTION ACTIVITIES……………………………………………………….. 143

Notification ………………………………………………………………………………………. 143

Entry into the territory of the inspected State Party or the Host State……….. 145

Alternative determination of final perimeter …………………………………………. 145

Verification of location………………………………………………………………………. 146

Securing the site, exit monitoring ………………………………………………………… 146

Pre-inspection briefing and inspection plan…………………………………………… 148

Perimeter activities ……………………………………………………………………………. 148

C. CONDUCT OF INSPECTIONS………………………………………………………….. 149

General rules …………………………………………………………………………………….. 149

Managed access ………………………………………………………………………………… 150

Observer…………………………………………………………………………………………… 151

Duration of inspection ……………………………………………………………………….. 152

D. POST-INSPECTION ACTIVITIES …………………………………………………….. 152

Departure …………………………………………………………………………………………. 152

Reports …………………………………………………………………………………………….. 152

PART XI INVESTIGATIONS IN CASES OF ALLEGED USE OF CHEMICAL

WEAPONS

A. GENERAL……………………………………………………………………………………….. 154

B. PRE-INSPECTION ACTIVITIES……………………………………………………….. 154

Request for an investigation ……………………………………………………………….. 154

Notification ………………………………………………………………………………………. 154

Assignment of inspection team……………………………………………………………. 155

Dispatch of inspection team………………………………………………………………… 155

Briefings…………………………………………………………………………………………… 155

C. CONDUCT OF INSPECTIONS………………………………………………………….. 156

Access ……………………………………………………………………………………………… 156

Sampling ………………………………………………………………………………………….. 156

Extension of inspection site ………………………………………………………………… 156

Extension of inspection duration …………………………………………………………. 156

Interviews…………………………………………………………………………………………. 156

61 Verification Annex

D. REPORTS………………………………………………………………………………………… 157

Procedures………………………………………………………………………………………… 157

Contents …………………………………………………………………………………………… 157

E. STATES NOT PARTY TO THIS CONVENTION ……………………………….. 157

63 Part I – Definitions

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;

Part I – Definitions 64

(ii) Any chemical weapon filling machines;

(iii) Any other equipment specially designed, built or installed for the

operation of the facility as a chemical weapons production facility, as

distinct from a facility constructed according to prevailing commercial

industry standards for facilities not producing any chemical specified

in Article II, paragraph 8 (a) (i), or corrosive chemicals, such as:

equipment made of high-nickel alloys or other special

corrosion-resistant material; special equipment for waste control, waste

treatment, air filtering, or solvent recovery; special containment

enclosures and safety shields; non-standard laboratory equipment used

to analyse toxic chemicals for chemical weapons purposes;

custom-designed process control panels; or dedicated spares for

specialized equipment.

(b) “Standard Equipment” means:

(i) Production equipment which is generally used in the chemical industry

and is not included in the types of specialized equipment;

(ii) Other equipment commonly used in the chemical industry, such as:

fire-fighting equipment; guard and security/safety surveillance

equipment; medical facilities, laboratory facilities; or communications

equipment.

6. “Facility” in the context of Article VI means any of the industrial sites as defined

below (“plant site”, “plant” and “unit”).

(a) “Plant Site” (Works, Factory) means the local integration of one or more

plants, with any intermediate administrative levels, which are under one

operational control, and includes common infrastructure, such as:

(i) Administration and other offices;

(ii) Repair and maintenance shops;

(iii) Medical centre;

(iv) Utilities;

(v) Central analytical laboratory;

(vi) Research and development laboratories;

(vii) Central effluent and waste treatment area; and

(viii) Warehouse storage.

65 Part I – Definitions

(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.

equipment, including vessels and vessel set up, necessary for the production,

processing or consumption of a chemical.

7. “Facility Agreement” means an agreement or arrangement between a State Party and

the Organization relating to a specific facility subject to on-site verification pursuant

to Articles IV, V and VI.

8. “Host State” means the State on whose territory lie facilities or areas of another State,

Party to this Convention, which are subject to inspection under this Convention.

9. “In-Country Escort” means individuals specified by the inspected State Party and, if

appropriate, by the Host State, if they so wish, to accompany and assist the inspection

team during the in-country period.

10. “In-Country Period” means the period from the arrival of the inspection team at a

point of entry until its departure from the State at a point of entry.

11. “Initial Inspection” means the first on-site inspection of facilities to verify

declarations submitted pursuant to Articles III, IV, V and VI and this Annex.

12. “Inspected State Party” means the State Party on whose territory or in any other place

under its jurisdiction or control an inspection pursuant to this Convention takes place,

or the State Party whose facility or area on the territory of a Host State is subject to

such an inspection; it does not, however, include the State Party specified in Part II,

paragraph 21 of this Annex.

13. “Inspection Assistant” means an individual designated by the Technical Secretariat as

set forth in Part II, Section A, of this Annex to assist inspectors in an inspection or

visit, such as medical, security and administrative personnel and interpreters.

Part I – Definitions 66

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.

18. “Inspector” means an individual designated by the Technical Secretariat according to

the procedures as set forth in Part II, Section A, of this Annex, to carry out an

inspection or visit in accordance with this Convention.

19. “Model Agreement” means a document specifying the general form and content for an

agreement concluded between a State Party and the Organization for fulfilling the

verification provisions specified in this Annex.

20. “Observer” means a representative of a requesting State Party or a third State Party to

observe a challenge inspection.

21. “Perimeter” in case of challenge inspection means the external boundary of the

inspection site, defined by either geographic coordinates or description on a map.

(a) “Requested Perimeter” means the inspection site perimeter as specified in

conformity with Part X, paragraph 8, of this Annex;

(b) “Alternative Perimeter” means the inspection site perimeter as specified,

alternatively to the requested perimeter, by the inspected State Party; it shall

conform to the requirements specified in Part X, paragraph 17, of this Annex;

negotiations between the inspection team and the inspected State Party, in

accordance with Part X, paragraphs 16 to 21, of this Annex;

(d) “Declared Perimeter” means the external boundary of the facility declared

pursuant to Articles III, IV, V and VI.

22. “Period of Inspection”, for the purposes of Article IX, means the period of time from

provision of access to the inspection team to the inspection site until its departure

from the inspection site, exclusive of time spent on briefings before and after the

verification activities.

67 Part I – Definitions

23. “Period of Inspection”, for the purposes of Articles IV, V and VI, means the period of

time from arrival of the inspection team at the inspection site until its departure from

the inspection site, exclusive of time spent on briefings before and after the

verification activities.

24. “Point of Entry”/”Point of Exit” means a location designated for the in-country arrival

of inspection teams for inspections pursuant to this Convention or for their departure

after completion of their mission.

25. “Requesting State Party” means a State Party which has requested a challenge

inspection pursuant to Article IX.

26. “Tonne” means metric ton, i.e. 1,000 kg.

Part II – General Rules of Verification 68

PART II

GENERAL RULES OF VERIFICATION

A. DESIGNATION OF INSPECTORS AND INSPECTION ASSISTANTS

1. Not later than 30 days after entry into force of this Convention the Technical

Secretariat shall communicate, in writing, to all States Parties the names, nationalities

and ranks of the inspectors and inspection assistants proposed for designation, as well

as a description of their qualifications and professional experiences.

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

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

shall inform the Technical Secretariat in writing of its acceptance of each inspector

and inspection assistant, not later than 30 days after acknowledgement of receipt of

the list. Any inspector and inspection assistant included in this list shall be regarded

as designated unless a State Party, not later than 30 days after acknowledgement of

receipt of the list, declares its non-acceptance in writing. The State Party may include

the reason for the objection.

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

undertake or participate in verification activities on the territory or in any other place

under the jurisdiction or control of the State Party which has declared its

non-acceptance. The Technical Secretariat shall, as necessary, submit further

proposals in addition to the original list.

3. Verification activities under this Convention shall only be performed by designated

inspectors and inspection assistants.

4. Subject to the provisions of paragraph 5, a State Party has the right at any time to

object to an inspector or inspection assistant who has already been designated. It

shall notify the Technical Secretariat of its objection in writing and may include the

reason for the objection. Such objection shall come into effect 30 days after receipt

by the Technical Secretariat. The Technical Secretariat shall immediately inform the

State Party concerned of the withdrawal of the designation of the inspector or

inspection assistant.

5. A State Party that has been notified of an inspection shall not seek to have removed

from the inspection team for that inspection any of the designated inspectors or

inspection assistants named in the inspection team list.

6. The number of inspectors or inspection assistants accepted by and designated to a

State Party must be sufficient to allow for availability and rotation of appropriate

numbers of inspectors and inspection assistants.

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

or inspection assistants impedes the designation of a sufficient number of inspectors

or inspection assistants or otherwise hampers the effective fulfilment of the tasks of

69 Part II – General Rules of Verification

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

Council.

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

assistants are necessary or requested, replacement inspectors and inspection assistants

shall be designated in the same manner as set forth with respect to the initial list.

9. The members of the inspection team carrying out an inspection of a facility of a State

Party located on the territory of another State Party shall be designated in accordance

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

and the Host State Party.

B. PRIVILEGES AND IMMUNITIES

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

list of inspectors and inspection assistants or of changes thereto, provide multiple

entry/exit and/or transit visas and other such documents to enable each inspector or

inspection assistant to enter and to remain on the territory of that State Party for the

purpose of carrying out inspection activities. These documents shall be valid for at

least two years after their provision to the Technical Secretariat.

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

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

and immunities shall be granted to members of the inspection team for the sake of this

Convention and not for the personal benefit of the individuals themselves. Such

privileges and immunities shall be accorded to them for the entire period between

arrival on and departure from the territory of the inspected State Party or Host State,

and thereafter with respect to acts previously performed in the exercise of their

official functions.

(a) The members of the inspection team shall be accorded the inviolability

enjoyed by diplomatic agents pursuant to Article 29 of the Vienna Convention

on Diplomatic Relations of 18 April 1961.

(b) The living quarters and office premises occupied by the inspection team

carrying out inspection activities pursuant to this Convention shall be

accorded the inviolability and protection accorded to the premises of

diplomatic agents pursuant to Article 30, paragraph 1, of the Vienna

Convention on Diplomatic Relations.

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

Part II – General Rules of Verification 70

exempt from all customs duties. Hazardous samples shall be transported in

accordance with relevant regulations.

(e) The members of the inspection team shall be accorded the immunities

accorded to diplomatic agents pursuant to Article 31, paragraphs 1, 2 and 3, of

the Vienna Convention on Diplomatic Relations.

(f) The members of the inspection team carrying out prescribed activities

pursuant to this Convention shall be accorded the exemption from dues and

taxes accorded to diplomatic agents pursuant to Article 34 of the Vienna

Convention on Diplomatic Relations.

(g) The members of the inspection team shall be permitted to bring into the

territory of the inspected State Party or Host State Party, without payment of

any customs duties or related charges, articles for personal use, with the

exception of articles the import or export of which is prohibited by law or

controlled by quarantine regulations.

(h) The members of the inspection team shall be accorded the same currency and

exchange facilities as are accorded to representatives of foreign Governments

on temporary official missions.

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

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

Party or the Host State.

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

inspection team shall be accorded the privileges and immunities enjoyed by

diplomatic agents pursuant to Article 40, paragraph 1, of the Vienna Convention on

Diplomatic Relations. Papers and correspondence, including records, and samples

and approved equipment, carried by them, shall be accorded the privileges and

immunities set forth in paragraph 11 (c) and (d).

13. Without prejudice to their privileges and immunities the members of the inspection

team shall be obliged to respect the laws and regulations of the inspected State Party

or Host State and, to the extent that is consistent with the inspection mandate, shall be

obliged not to interfere in the internal affairs of that State. If the inspected State Party

or Host State Party considers that there has been an abuse of privileges and

immunities specified in this Annex, consultations shall be held between the State

Party and the Director-General to determine whether such an abuse has occurred and,

if so determined, to prevent a repetition of such an abuse.

14. The immunity from jurisdiction of members of the inspection team may be waived by

the Director-General in those cases when the Director-General is of the opinion that

immunity would impede the course of justice and that it can be waived without

prejudice to the implementation of the provisions of this Convention. Waiver must

always be express.

71 Part II – General Rules of Verification

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

inspectors pursuant to this section, except for those accorded pursuant to

paragraph 11 (d).

C. STANDING ARRANGEMENTS

Points of entry

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

information to the Technical Secretariat not later than 30 days after this Convention

enters into force for it. These points of entry shall be such that the inspection team

can reach any inspection site from at least one point of entry within 12 hours.

Locations of points of entry shall be provided to all States Parties by the Technical

Secretariat.

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

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

Secretariat receives such notification to allow appropriate notification to all States

Parties.

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

timely conduct of inspections or that changes to the points of entry proposed by a

State Party would hamper such timely conduct of inspections, it shall enter into

consultations with the State Party concerned to resolve the problem.

19. In cases where facilities or areas of an inspected State Party are located on the

territory of a Host State Party or where the access from the point of entry to the

facilities or areas subject to inspection requires transit through the territory of another

State Party, the inspected State Party shall exercise the rights and fulfil the obligations

concerning such inspections in accordance with this Annex. The Host State Party

shall facilitate the inspection of those facilities or areas and shall provide for the

necessary support to enable the inspection team to carry out its tasks in a timely and

effective manner. States Parties through whose territory transit is required to inspect

facilities or areas of an inspected State Party shall facilitate such transit.

20. In cases where facilities or areas of an inspected State Party are located on the

territory of a State not Party to this Convention, the inspected State Party shall take all

necessary measures to ensure that inspections of those facilities or areas can be

carried out in accordance with the provisions of this Annex. A State Party that has

one or more facilities or areas on the territory of a State not Party to this Convention

shall take all necessary measures to ensure acceptance by the Host State of inspectors

and inspection assistants designated to that State Party. If an inspected State Party is

unable to ensure access, it shall demonstrate that it took all necessary measures to

ensure access.

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

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

this Convention, the State Party shall take all necessary measures as would be

required of an inspected State Party and a Host State Party to ensure that inspections

Part II – General Rules of Verification 72

of such facilities or areas can be carried out in accordance with the provisions of this

Annex. If the State Party is unable to ensure access to those facilities or areas, it shall

demonstrate that it took all necessary measures to ensure access. This paragraph shall

not apply where the facilities or areas sought to be inspected are those of the State

Party.

Arrangements for use of non-scheduled aircraft

22. For inspections pursuant to Article IX and for other inspections where timely travel is

not feasible using scheduled commercial transport, an inspection team may need to

utilize aircraft owned or chartered by the Technical Secretariat. Not later than 30

days after this Convention enters into force for it, each State Party shall inform the

Technical Secretariat of the standing diplomatic clearance number for non-scheduled

aircraft transporting inspection teams and equipment necessary for inspection into and

out of the territory in which an inspection site is located. Aircraft routings to and

from the designated point of entry shall be along established international airways that

are agreed upon between the States Parties and the Technical Secretariat as the basis

for such diplomatic clearance.

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

inspected State Party with a flight plan, through the National Authority, for the

aircraft’s flight from the last airfield prior to entering the airspace of the State in

which the inspection site is located to the point of entry, not less than six hours before

the scheduled departure time from that airfield. Such a plan shall be filed in

accordance with the procedures of the International Civil Aviation Organization

applicable to civil aircraft. For its owned or chartered flights, the Technical

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

diplomatic clearance number and the appropriate notation identifying the aircraft as

an inspection aircraft.

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

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

take place, the inspected State Party or Host State Party shall ensure that the flight

plan filed in accordance with paragraph 23 is approved so that the inspection team

may arrive at the point of entry by the estimated arrival time.

25. The inspected State Party shall provide parking, security protection, servicing and

fuel as required by the Technical Secretariat for the aircraft of the inspection team at

the point of entry when such aircraft is owned or chartered by the Technical

Secretariat. Such aircraft shall not be liable for landing fees, departure tax, and

similar charges. The Technical Secretariat shall bear the cost of such fuel, security

protection and servicing.

Administrative arrangements

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

inspection team such as communication means, interpretation services to the extent

necessary for the performance of interviewing and other tasks, transportation,

working space, lodging, meals and medical care. In this regard, the inspected State

73 Part II – General Rules of Verification

Party shall be reimbursed by the Organization for such costs incurred by the

inspection team.

Approved equipment

27. Subject to paragraph 29, there shall be no restriction by the inspected State Party on

the inspection team bringing onto the inspection site such equipment, approved in

accordance with paragraph 28, which the Technical Secretariat has determined to be

necessary to fulfil the inspection requirements. The Technical Secretariat shall

prepare and, as appropriate, update a list of approved equipment, which may be

needed for the purposes described above, and regulations governing such equipment

which shall be in accordance with this Annex. In establishing the list of approved

equipment and these regulations, the Technical Secretariat shall ensure that safety

considerations for all the types of facilities at which such equipment is likely to be

used, are taken fully into account. A list of approved equipment shall be considered

and approved by the Conference pursuant to Article VIII, paragraph 21 (i).

28. The equipment shall be in the custody of the Technical Secretariat and be designated,

calibrated and approved by the Technical Secretariat. The Technical Secretariat shall,

to the extent possible, select that equipment which is specifically designed for the

specific kind of inspection required. Designated and approved equipment shall be

specifically protected against unauthorized alteration.

29. The inspected State Party shall have the right, without prejudice to the prescribed

time-frames, to inspect the equipment in the presence of inspection team members at

the point of entry, i.e., to check the identity of the equipment brought in or removed

from the territory of the inspected State Party or the Host State. To facilitate such

identification, the Technical Secretariat shall attach documents and devices to

authenticate its designation and approval of the equipment. The inspection of the

equipment shall also ascertain to the satisfaction of the inspected State Party that the

equipment meets the description of the approved equipment for the particular type of

inspection. The inspected State Party may exclude equipment not meeting that

description or equipment without the above-mentioned authentication documents and

devices. Procedures for the inspection of equipment shall be considered and approved

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

30. In cases where the inspection team finds it necessary to use equipment available on

site not belonging to the Technical Secretariat and requests the inspected State Party

to enable the team to use such equipment, the inspected State Party shall comply with

the request to the extent it can.

D. PRE-INSPECTION ACTIVITIES

Notification

31. The Director-General shall notify the State Party before the planned arrival of the

inspection team at the point of entry and within the prescribed time-frames, where

specified, of its intention to carry out an inspection.

Part II – General Rules of Verification 74

32. Notifications made by the Director-General shall include the following information:

(a) The type of inspection;

(b) 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.

75 Part II – General Rules of Verification

E. CONDUCT OF INSPECTIONS

General rules

38. The members of the inspection team shall discharge their functions in accordance

with the provisions of this Convention, as well as rules established by the

Director-General and facility agreements concluded between States Parties and the

Organization.

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

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

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

effective discharge of its functions and the least possible inconvenience to the

inspected State Party or Host State and disturbance to the facility or area inspected.

The inspection team shall avoid unnecessarily hampering or delaying the operation of

a facility and avoid affecting its safety. In particular, the inspection team shall not

operate any facility. If inspectors consider that, to fulfil their mandate, particular

operations should be carried out in a facility, they shall request the designated

representative of the inspected facility to have them performed. The representative

shall carry out the request to the extent possible.

41. In the performance of their duties on the territory of an inspected State Party or Host

State, the members of the inspection team shall, if the inspected State Party so

requests, be accompanied by representatives of the inspected State Party, but the

inspection team must not thereby be delayed or otherwise hindered in the exercise of

its functions.

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

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

be considered and approved by the Conference pursuant to Article VIII,

paragraph 21 (i).

Safety

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

safety regulations established at the inspection site, including those for the protection

of controlled environments within a facility and for personal safety. In order to

implement these requirements, appropriate detailed procedures shall be considered

and approved by the Conference pursuant to Article VIII, paragraph 21 (i).

Communications

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

the Headquarters of the Technical Secretariat. For this purpose they may use their

own, duly certified, approved equipment and may request that the inspected State

Party or Host State Party provide them with access to other telecommunications. The

inspection team shall have the right to use its own two-way system of radio

Part II – General Rules of Verification 76

communications between personnel patrolling the perimeter and other members of the

inspection team.

Inspection team and inspected State Party rights

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

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

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

items to be inspected will be chosen by the inspectors.

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

representatives of the inspected State Party with the purpose of establishing relevant

facts. Inspectors shall only request information and data which are necessary for the

conduct of the inspection, and the inspected State Party shall furnish such information

upon request. The inspected State Party shall have the right to object to questions

posed to the facility personnel if those questions are deemed not relevant to the

inspection. If the head of the inspection team objects and states their relevance, the

questions shall be provided in writing to the inspected State Party for reply. The

inspection team may note any refusal to permit interviews or to allow questions to be

answered and any explanations given, in that part of the inspection report that deals

with the cooperation of the inspected State Party.

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

relevant to the conduct of their mission.

48. Inspectors shall have the right to have photographs taken at their request by

representatives of the inspected State Party or of the inspected facility. The capability

to take instant development photographic prints shall be available. The inspection

team shall determine whether photographs conform to those requested and, if not,

repeat photographs shall be taken. The inspection team and the inspected State Party

shall each retain one copy of every photograph.

49. The representatives of the inspected State Party shall have the right to observe all

verification activities carried out by the inspection team.

50. The inspected State Party shall receive copies, at its request, of the information and

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

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

that arise during an inspection. Such requests shall be made promptly through the

representative of the inspected State Party. The representative of the inspected State

Party shall provide the inspection team, during the inspection, with such clarification

as may be necessary to remove the ambiguity. If questions relating to an object or a

building located within the inspection site are not resolved, the object or building

shall, if requested, be photographed for the purpose of clarifying its nature and

function. If the ambiguity cannot be removed during the inspection, the inspectors

shall notify the Technical Secretariat immediately. The inspectors shall include in the

inspection report any such unresolved question, relevant clarifications, and a copy of

any photographs taken.

77 Part II – General Rules of Verification

Collection, handling and analysis of samples

52. Representatives of the inspected State Party or of the inspected facility shall take

samples at the request of the inspection team in the presence of inspectors. If so

agreed in advance with the representatives of the inspected State Party or of the

inspected facility, the inspection team may take samples itself.

53. Where possible, the analysis of samples shall be performed on-site. The inspection

team shall have the right to perform on-site analysis of samples using approved

equipment brought by it. At the request of the inspection team, the inspected State

Party shall, in accordance with agreed procedures, provide assistance for the analysis

of samples on-site. Alternatively, the inspection team may request that appropriate

analysis on-site be performed in its presence.

54. The inspected State Party has the right to retain portions of all samples taken or take

duplicate samples and be present when samples are analysed on-site.

55. The inspection team shall, if it deems it necessary, transfer samples for analysis

off-site at laboratories designated by the Organization.

56. The Director-General shall have the primary responsibility for the security, integrity

and preservation of samples and for ensuring that the confidentiality of samples

transferred for analysis off-site is protected. The Director-General shall do so in

accordance with procedures, to be considered and approved by the Conference

pursuant to Article VIII, paragraph 21 (i), for inclusion in the inspection manual. He

shall:

(a) Establish a stringent regime governing the collection, handling, transport and

analysis of samples;

(b) Certify the laboratories designated to perform different types of analysis;

laboratories, mobile analytical equipment and procedures, and monitor quality

control and overall standards in relation to the certification of these

laboratories, mobile equipment and procedures; and

(d) Select from among the designated laboratories those which shall perform

analytical or other functions in relation to specific investigations.

57. When off-site analysis is to be performed, samples shall be analysed in at least two

designated laboratories. The Technical Secretariat shall ensure the expeditious

processing of the analysis. The samples shall be accounted for by the Technical

Secretariat and any unused samples or portions thereof shall be returned to the

Technical Secretariat.

58. The Technical Secretariat shall compile the results of the laboratory analysis of

samples relevant to compliance with this Convention and include them in the final

inspection report. The Technical Secretariat shall include in the report detailed

Part II – General Rules of Verification 78

information concerning the equipment and methodology employed by the designated

laboratories.

Extension of inspection duration

59. Periods of inspection may be extended by agreement with the representative of the

inspected State Party.

Debriefing

60. Upon completion of an inspection the inspection team shall meet with representatives

of the inspected State Party and the personnel responsible for the inspection site to

review the preliminary findings of the inspection team and to clarify any ambiguities.

The inspection team shall provide to the representatives of the inspected State Party

its preliminary findings in written form according to a standardized format, together

with a list of any samples and copies of written information and data gathered and

other material to be taken off-site. The document shall be signed by the head of the

inspection team. In order to indicate that he has taken notice of the contents of the

document, the representative of the inspected State Party shall countersign the

document. This meeting shall be completed not later than 24 hours after the

completion of the inspection.

F. DEPARTURE

61. Upon completion of the post-inspection procedures, the inspection team shall leave,

as soon as possible, the territory of the inspected State Party or the Host State.

G. REPORTS

62. Not later than 10 days after the inspection, the inspectors shall prepare a factual, final

report on the activities conducted by them and on their findings. It shall only contain

facts relevant to compliance with this Convention, as provided for under the

inspection mandate. The report shall also provide information as to the manner in

which the State Party inspected cooperated with the inspection team. Differing

observations made by inspectors may be attached to the report. The report shall be

kept confidential.

63. The final report shall immediately be submitted to the inspected State Party. Any

written comments, which the inspected State Party may immediately make on its

findings shall be annexed to it. The final report together with annexed comments

made by the inspected State Party shall be submitted to the Director-General not later

than 30 days after the inspection.

64. Should the report contain uncertainties, or should cooperation between the National

Authority and the inspectors not measure up to the standards required, the

Director-General shall approach the State Party for clarification.

79 Part II – General Rules of Verification

65. If the uncertainties cannot be removed or the facts established are of a nature to

suggest that obligations undertaken under this Convention have not been met, the

Director-General shall inform the Executive Council without delay.

H. APPLICATION OF GENERAL PROVISIONS

66. The provisions of this Part shall apply to all inspections conducted pursuant to this

Convention, except where the provisions of this Part differ from the provisions set

forth for specific types of inspections in Parts III to XI of this Annex, in which case

the latter provisions shall take precedence.

Part III – General Provisions 80

PART III

GENERAL PROVISIONS FOR VERIFICATION MEASURES PURSUANT

TO ARTICLES IV, V AND VI, PARAGRAPH 3

A. INITIAL INSPECTIONS AND FACILITY AGREEMENTS

1. Each declared facility subject to on-site inspection pursuant to Articles IV, V, and VI,

paragraph 3, shall receive an initial inspection promptly after the facility is declared.

The purpose of this inspection of the facility shall be to verify information provided

and to obtain any additional information needed for planning future verification

activities at the facility, including on-site inspections and continuous monitoring with

on-site instruments, and to work on the facility agreements.

2. States Parties shall ensure that the verification of declarations and the initiation of the

systematic verification measures can be accomplished by the Technical Secretariat at

all facilities within the established time-frames after this Convention enters into force

for them.

3. Each State Party shall conclude a facility agreement with the Organization for each

facility declared and subject to on-site inspection pursuant to Articles IV, V, and VI,

paragraph 3.

4. Facility agreements shall be completed not later than 180 days after this Convention

enters into force for the State Party or after the facility has been declared for the first

time, except for a chemical weapons destruction facility to which paragraphs 5 to 7

shall apply.

5. In the case of a chemical weapons destruction facility that begins operations more

than one year after this Convention enters into force for the State Party, the facility

agreement shall be completed not less than 180 days before the facility begins

operation.

6. In the case of a chemical weapons destruction facility that is in operation when this

Convention enters into force for the State Party, or begins operation not later than one

year thereafter, the facility agreement shall be completed not later than 210 days after

this Convention enters into force for the State Party, except that the Executive

Council may decide that transitional verification arrangements, approved in

accordance with Part IV (A), paragraph 51, of this Annex and including a transitional

facility agreement, provisions for verification through on-site inspection and

monitoring with on-site instruments, and the time-frame for application of the

arrangements, are sufficient.

7. In the case of a facility, referred to in paragraph 6, that will cease operations not later

than two years after this Convention enters into force for the State Party, the

Executive Council may decide that transitional verification arrangements, approved in

accordance with Part IV (A), paragraph 51, of this Annex and including a transitional

facility agreement, provisions for verification through on-site inspection and

81 Part III – General Provisions

monitoring with on-site instruments, and the time-frame for application of the

arrangements, are sufficient.

8. Facility agreements shall be based on models for such agreements and provide for

detailed arrangements which shall govern inspections at each facility. The model

agreements shall include provisions to take into account future technological

developments and shall be considered and approved by the Conference pursuant to

Article VIII, paragraph 21 (i).

9. The Technical Secretariat may retain at each site a sealed container for photographs,

plans and other information that it may wish to refer to in the course of subsequent

inspections.

B. STANDING ARRANGEMENTS

10. Where applicable, the Technical Secretariat shall have the right to have continuous

monitoring instruments and systems and seals installed and to use them, in conformity

with the relevant provisions in this Convention and the facility agreements between

States Parties and the Organization.

11. The inspected State Party shall, in accordance with agreed procedures, have the right

to inspect any instrument used or installed by the inspection team and to have it tested

in the presence of representatives of the inspected State Party. The inspection team

shall have the right to use the instruments that were installed by the inspected State

Party for its own monitoring of the technological process of the destruction of

chemical weapons. To this end, the inspection team shall have the right to inspect

those instruments that it intends to use for purposes of verification of the destruction

of chemical weapons and to have them tested in its presence.

12. The inspected State Party shall provide the necessary preparation and support for the

establishment of continuous monitoring instruments and systems.

13. In order to implement paragraphs 11 and 12, appropriate detailed procedures shall be

considered and approved by the Conference pursuant to Article VIII, paragraph 21 (i).

14. The inspected State Party shall immediately notify the Technical Secretariat if an

event occurs or may occur at a facility where monitoring instruments are installed,

which may have an impact on the monitoring system. The inspected State Party shall

coordinate subsequent actions with the Technical Secretariat with a view to restoring

the operation of the monitoring system and establishing interim measures, if

necessary, as soon as possible.

15. The inspection team shall verify during each inspection that the monitoring system

functions correctly and that emplaced seals have not been tampered with. In addition,

visits to service the monitoring system may be required to perform any necessary

maintenance or replacement of equipment, or to adjust the coverage of the monitoring

system as required.

Part III – General Provisions 82

16. If the monitoring system indicates any anomaly, the Technical Secretariat shall

immediately take action to determine whether this resulted from equipment

malfunction or activities at the facility. If, after this examination, the problem

remains unresolved, the Technical Secretariat shall immediately ascertain the actual

situation, including through immediate on-site inspection of, or visit to, the facility if

necessary. The Technical Secretariat shall report any such problem immediately after

its detection to the inspected State Party which shall assist in its resolution.

C. PRE-INSPECTION ACTIVITIES

17. The inspected State Party shall, except as specified in paragraph 18, be notified of

inspections not less than 24 hours in advance of the planned arrival of the inspection

team at the point of entry.

18. The inspected State Party shall be notified of initial inspections not less than 72 hours

in advance of the estimated time of arrival of the inspection team at the point of entry.

83 Part IV (A) – Destruction of Chemical Weapons

PART IV (A)

DESTRUCTION OF CHEMICAL WEAPONS AND ITS VERIFICATION

PURSUANT TO ARTICLE IV

A. DECLARATIONS

Chemical weapons

1. The declaration of chemical weapons by a State Party pursuant to Article III,

paragraph 1 (a) (ii), shall include the following:

(a) The aggregate quantity of each chemical declared;

(b) The precise location of each chemical weapons storage facility, expressed by:

(i) Name;

(ii) Geographical coordinates; and

(iii) A detailed site diagram, including a boundary map and the location of

bunkers/storage areas within the facility.

(i) Chemicals defined as chemical weapons in accordance with

Article II;

(ii) Unfilled munitions, sub-munitions, devices and equipment defined as

chemical weapons;

(iii) Equipment specially designed for use directly in connection with the

employment of munitions, sub-munitions, devices or equipment

specified in sub-subparagraph (ii);

(iv) Chemicals specifically designed for use directly in connection with the

employment of munitions, sub-munitions, devices or equipment

specified in sub-subparagraph (ii).

2. For the declaration of chemicals referred to in paragraph 1 (c) (i) the following shall

apply:

(a) Chemicals shall be declared in accordance with the Schedules specified in the

Annex on Chemicals;

(b) For a chemical not listed in the Schedules in the Annex on Chemicals the

information required for possible assignment of the chemical to the

appropriate Schedule shall be provided, including the toxicity of the pure

Part IV (A) – Destruction of Chemical Weapons 84

compound. For a precursor, the toxicity and identity of the principal final

reaction product(s) shall be provided;

International Union of Pure and Applied Chemistry (IUPAC) nomenclature,

structural formula and Chemical Abstracts Service registry number, if

assigned. For a precursor, the toxicity and identity of the principal final

reaction product(s) shall be provided;

(d) In cases involving mixtures of two or more chemicals, each chemical shall be

identified and the percentage of each shall be provided, and the mixture shall

be declared under the category of the most toxic chemical. If a component of

a binary chemical weapon consists of a mixture of two or more chemicals,

each chemical shall be identified and the percentage of each provided;

(e) Binary chemical weapons shall be declared under the relevant end product

within the framework of the categories of chemical weapons referred to in

paragraph 16. The following supplementary information shall be provided for

each type of binary chemical munition/device:

(i) The chemical name of the toxic end-product;

(ii) The chemical composition and quantity of each component;

(iii) The actual weight ratio between the components;

(iv) Which component is considered the key component;

(v) The projected quantity of the toxic end-product calculated on a

stoichiometric basis from the key component, assuming 100 per cent

yield. A declared quantity (in tonnes) of the key component intended

for a specific toxic end-product shall be considered equivalent to the

quantity (in tonnes) of this toxic end-product calculated on a

stoichiometric basis assuming 100 per cent yield.

(f) For multicomponent chemical weapons, the declaration shall be analogous to

that envisaged for binary chemical weapons;

(g) For each chemical the form of storage, i.e. munitions, sub-munitions, devices,

equipment or bulk containers and other containers shall be declared. For each

form of storage the following shall be listed:

(i) Type;

(ii) Size or calibre;

(iii) Number of items; and

(iv) Nominal weight of chemical fill per item.

85 Part IV (A) – Destruction of Chemical Weapons

(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;

Declarations of chemical weapons pursuant to Article III, paragraph 1 (a) (iii)

4. The declaration of chemical weapons pursuant to Article III, paragraph 1 (a) (iii),

shall contain all information specified in paragraphs 1 to 3 above. It is the

responsibility of the State Party on whose territory the chemical weapons are located

to make appropriate arrangements with the other State to ensure that the declarations

are made. If the State Party on whose territory the chemical weapons are located is

not able to fulfil its obligations under this paragraph, it shall state the reasons therefor.

Declarations of past transfers and receipts

5. A State Party that has transferred or received chemical weapons since 1 January 1946

shall declare these transfers or receipts pursuant to Article III, paragraph 1 (a) (iv),

provided the amount transferred or received exceeded 1 tonne per chemical per year

in bulk and/or munition form. This declaration shall be made according to the

inventory format specified in paragraphs 1 and 2. This declaration shall also indicate

the supplier and recipient countries, the dates of the transfers or receipts and, as

precisely as possible, the current location of the transferred items. When not all the

specified information is available for transfers or receipts of chemical weapons for the

period between 1 January 1946 and 1 January 1970, the State Party shall declare

whatever information is still available to it and provide an explanation as to why it

cannot submit a full declaration.

Submission of the general plan for destruction of chemical weapons

6. The general plan for destruction of chemical weapons submitted pursuant to

Article III, paragraph 1 (a) (v), shall provide an overview of the entire national

chemical weapons destruction programme of the State Party and information on the

efforts of the State Party to fulfil the destruction requirements contained in this

Convention. The plan shall specify:

(a) A general schedule for destruction, giving types and approximate quantities of

chemical weapons planned to be destroyed in each annual destruction period

Part IV (A) – Destruction of Chemical Weapons 86

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;

(i) Name and location; and

(ii) The types and approximate quantities of chemical weapons, and the

type (for example, nerve agent or blister agent) and approximate

quantity of chemical fill, to be destroyed;

(d) The plans and programmes for training personnel for the operation of

destruction facilities;

(e) The national standards for safety and emissions that the destruction facilities

must satisfy;

(f) Information on the development of new methods for destruction of chemical

weapons and on the improvement of existing methods;

(g) The cost estimates for destroying the chemical weapons; and

(h) Any issues which could adversely impact on the national destruction

programme.

B. MEASURES TO SECURE THE STORAGE FACILITY AND STORAGE

FACILITY PREPARATION

7. Not later than when submitting its declaration of chemical weapons, a State Party

shall take such measures as it considers appropriate to secure its storage facilities and

shall prevent any movement of its chemical weapons out of the facilities, except their

removal for destruction.

8. A State Party shall ensure that chemical weapons at its storage facilities are

configured to allow ready access for verification in accordance with paragraphs 37

to 49.

9. While a storage facility remains closed for any movement of chemical weapons out of

the facility other than their removal for destruction, a State Party may continue at the

facility standard maintenance activities, including standard maintenance of chemical

weapons; safety monitoring and physical security activities; and preparation of

chemical weapons for destruction.

10. Maintenance activities of chemical weapons shall not include:

(a) Replacement of agent or of munition bodies;

87 Part IV (A) – Destruction of Chemical Weapons

(b) Modification of the original characteristics of munitions, or parts or

components thereof.

11. All maintenance activities shall be subject to monitoring by the Technical Secretariat.

C. DESTRUCTION

Principles and methods for destruction of chemical weapons

12. “Destruction of chemical weapons” means a process by which chemicals are

converted in an essentially irreversible way to a form unsuitable for production of

chemical weapons, and which in an irreversible manner renders munitions and other

devices unusable as such.

13. Each State Party shall determine how it shall destroy chemical weapons, except that

the following processes may not be used: dumping in any body of water, land burial

or open-pit burning. It shall destroy chemical weapons only at specifically designated

and appropriately designed and equipped facilities.

14. Each State Party shall ensure that its chemical weapons destruction facilities are

constructed and operated in a manner to ensure the destruction of the chemical

weapons; and that the destruction process can be verified under the provisions of this

Convention.

Order of destruction

15. The order of destruction of chemical weapons is based on the obligations specified in

Article I and the other Articles, including obligations regarding systematic on-site

verification. It takes into account interests of States Parties for undiminished security

during the destruction period; confidence-building in the early part of the destruction

stage; gradual acquisition of experience in the course of destroying chemical

weapons; and applicability irrespective of the actual composition of the stockpiles and

the methods chosen for the destruction of the chemical weapons. The order of

destruction is based on the principle of levelling out.

16. For the purpose of destruction, chemical weapons declared by each State Party shall

be divided into three categories:

Category 1: Chemical weapons on the basis of Schedule 1 chemicals and their parts

and components;

Category 2: Chemical weapons on the basis of all other chemicals and their parts

and components;

Category 3: Unfilled munitions and devices, and equipment specifically designed

for use directly in connection with employment of chemical weapons.

Part IV (A) – Destruction of Chemical Weapons 88

17. A State Party shall start:

(a) The destruction of Category 1 chemical weapons not later than two years after

this Convention enters into force for it, and shall complete the destruction not

later than 10 years after entry into force of this Convention. A State Party shall

destroy chemical weapons in accordance with the following destruction

deadlines:

(i) Phase 1: Not later than two years after entry into force of this

Convention, testing of its first destruction facility shall be completed.

Not less than 1 per cent of the Category 1 chemical weapons shall be

destroyed not later than three years after the entry into force of this

Convention;

(ii) Phase 2: Not less than 20 per cent of the Category 1 chemical

weapons shall be destroyed not later than five years after the entry into

force of this Convention;

(iii) Phase 3: Not less than 45 per cent of the Category 1 chemical

weapons shall be destroyed not later than seven years after the entry

into force of this Convention;

(iv) Phase 4: All Category 1 chemical weapons shall be destroyed not later

than 10 years after the entry into force of this Convention.

(b) The destruction of Category 2 chemical weapons not later than one year after

this Convention enters into force for it and shall complete the destruction not

later than five years after the entry into force of this Convention. Category 2

chemical weapons shall be destroyed in equal annual increments throughout

the destruction period. The comparison factor for such weapons is the weight

of the chemicals within Category 2; and

this Convention enters into force for it, and shall complete the destruction not

later than five years after the entry into force of this Convention. Category 3

chemical weapons shall be destroyed in equal annual increments throughout

the destruction period. The comparison factor for unfilled munitions and

devices is expressed in nominal fill volume (m3) and for equipment in number

of items.

18. For the destruction of binary chemical weapons the following shall apply:

(a) For the purposes of the order of destruction, a declared quantity (in tonnes) of

the key component intended for a specific toxic end-product shall be

considered equivalent to the quantity (in tonnes) of this toxic end-product

calculated on a stoichiometric basis assuming 100 per cent yield.

(b) A requirement to destroy a given quantity of the key component shall entail a

requirement to destroy a corresponding quantity of the other component,

89 Part IV (A) – Destruction of Chemical Weapons

calculated from the actual weight ratio of the components in the relevant type

of binary chemical munition/device.

weight ratio between components, the excess shall be destroyed over the first

two years after destruction operations begin.

(d) At the end of each subsequent operational year a State Party may retain an

amount of the other declared component that is determined on the basis of the

actual weight ratio of the components in the relevant type of binary chemical

munition/device.

19. For multicomponent chemical weapons the order of destruction shall be analogous to

that envisaged for binary chemical weapons.

Modification of intermediate destruction deadlines

20. The Executive Council shall review the general plans for destruction of chemical

weapons, submitted pursuant to Article III, paragraph 1 (a) (v), and in accordance

with paragraph 6, inter alia, to assess their conformity with the order of destruction set

forth in paragraphs 15 to 19. The Executive Council shall consult with any State

Party whose plan does not conform, with the objective of bringing the plan into

conformity.

21. If a State Party, due to exceptional circumstances beyond its control, believes that it

cannot achieve the level of destruction specified for Phase 1, Phase 2 or Phase 3 of the

order of destruction of Category 1 chemical weapons, it may propose changes in those

levels. Such a proposal must be made not later than 120 days after the entry into force

of this Convention and shall contain a detailed explanation of the reasons for the

proposal.

22. Each State Party shall take all necessary measures to ensure destruction of Category 1

chemical weapons in accordance with the destruction deadlines set forth in

paragraph 17 (a) as changed pursuant to paragraph 21. However, if a State Party

believes that it will be unable to ensure the destruction of the percentage of Category

1 chemical weapons required by an intermediate destruction deadline, it may request

the Executive Council to recommend to the Conference to grant an extension of its

obligation to meet that deadline. Such a request must be made not less than 180 days

before the intermediate destruction deadline and shall contain a detailed explanation

of the reasons for the request and the plans of the State Party for ensuring that it will

be able to fulfil its obligation to meet the next intermediate destruction deadline.

23. If an extension is granted, the State Party shall still be under the obligation to meet the

cumulative destruction requirements set forth for the next destruction deadline.

Extensions granted pursuant to this Section shall not, in any way, modify the

obligation of the State Party to destroy all Category 1 chemical weapons not later than

10 years after the entry into force of this Convention.

Part IV (A) – Destruction of Chemical Weapons 90

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

remaining portion of the original 10-year period for destruction.

26. A decision on the request shall be taken by the Conference at its next session, on the

recommendation of the Executive Council. Any extension shall be the minimum

necessary, but in no case shall the deadline for a State Party to complete its

destruction of all chemical weapons be extended beyond 15 years after the entry into

force of this Convention. The Executive Council shall set conditions for the granting

of the extension, including the specific verification measures deemed necessary as

well as specific actions to be taken by the State Party to overcome problems in its

destruction programme. Costs of verification during the extension period shall be

allocated in accordance with Article IV, paragraph 16.

27. If an extension is granted, the State Party shall take appropriate measures to meet all

subsequent deadlines.

28. The State Party shall continue to submit detailed annual plans for destruction in

accordance with paragraph 29 and annual reports on the destruction of Category 1

chemical weapons in accordance with paragraph 36, until all Category 1 chemical

weapons are destroyed. In addition, not later than at the end of each 90 days of the

extension period, the State Party shall report to the Executive Council on its

destruction activity. The Executive Council shall review progress towards

completion of destruction and take the necessary measures to document this progress.

All information concerning the destruction activities during the extension period shall

be provided by the Executive Council to States Parties, upon request.

Detailed annual plans for destruction

29. The detailed annual plans for destruction shall be submitted to the Technical

Secretariat not less than 60 days before each annual destruction period begins

pursuant to Article IV, paragraph 7 (a), and shall specify:

(a) The quantity of each specific type of chemical weapon to be destroyed at each

destruction facility and the inclusive dates when the destruction of each

specific type of chemical weapon will be accomplished;

91 Part IV (A) – Destruction of Chemical Weapons

(b) The detailed site diagram for each chemical weapons destruction facility and

any changes to previously submitted diagrams; and

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;

design drawings;

(d) Detailed technical descriptions, including design drawings and instrument

specifications, for the equipment required for: removing the chemical fill

from the munitions, devices, and containers; temporarily storing the drained

chemical fill; destroying the chemical agent; and destroying the munitions,

devices, and containers;

(e) Detailed technical descriptions of the destruction process, including material

flow rates, temperatures and pressures, and designed destruction efficiency;

(f) Design capacity for each specific type of chemical weapon;

(g) A detailed description of the products of destruction and the method of their

ultimate disposal;

(h) A detailed technical description of measures to facilitate inspections in

accordance with this Convention;

(i) A detailed description of any temporary holding area at the destruction facility

that will be used to provide chemical weapons directly to the destruction

facility, including site and facility drawings and information on the storage

capacity for each specific type of chemical weapon to be destroyed at the

facility;

(j) A detailed description of the safety and medical measures in force at the

facility;

Part IV (A) – Destruction of Chemical Weapons 92

(k) A detailed description of the living quarters and working premises for the

inspectors; and

(l) Suggested measures for international verification.

32. A State Party shall provide, for each of its chemical weapons destruction facilities, the

plant operations manuals, the safety and medical plans, the laboratory operations and

quality assurance and control manuals, and the environmental permits that have been

obtained, except that this shall not include material previously provided.

33. A State Party shall promptly notify the Technical Secretariat of any developments that

could affect inspection activities at its destruction facilities.

34. Deadlines for submission of the information specified in paragraphs 30 to 32 shall be

considered and approved by the Conference pursuant to Article VIII, paragraph 21 (i).

35. After a review of the detailed facility information for each destruction facility, the

Technical Secretariat, if the need arises, shall enter into consultation with the State

Party concerned in order to ensure that its chemical weapons destruction facilities are

designed to assure the destruction of chemical weapons, to allow advanced planning

on how verification measures may be applied and to ensure that the application of

verification measures is consistent with proper facility operation, and that the facility

operation allows appropriate verification.

Annual reports on destruction

36. Information regarding the implementation of plans for destruction of chemical

weapons shall be submitted to the Technical Secretariat pursuant to Article IV,

paragraph 7 (b), not later than 60 days after the end of each annual destruction period

and shall specify the actual amounts of chemical weapons which were destroyed

during the previous year at each destruction facility. If appropriate, reasons for not

meeting destruction goals should be stated.

D. VERIFICATION

Verification of declarations of chemical weapons through on-site inspection

37. The purpose of the verification of declarations of chemical weapons shall be to

confirm through on-site inspection the accuracy of the relevant declarations made

pursuant to Article III.

38. The inspectors shall conduct this verification promptly after a declaration is

submitted. They shall, inter alia, verify the quantity and identity of chemicals, types

and number of munitions, devices and other equipment.

39. The inspectors shall employ, as appropriate, agreed seals, markers or other inventory

control procedures to facilitate an accurate inventory of the chemical weapons at each

storage facility.

93 Part IV (A) – Destruction of Chemical Weapons

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;

Part IV (A) – Destruction of Chemical Weapons 94

(b) For each storage building and storage location, the type and the identification

number or designation, shown on the site diagram; and

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.

95 Part IV (A) – Destruction of Chemical Weapons

51. Chemical weapons destruction operations during the first 390 days after the entry into

force of this Convention shall be governed by transitional verification arrangements.

Such arrangements, including a transitional facility agreement, provisions for

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

the time-frame for application of the arrangements, shall be agreed between the

Organization and the inspected State Party. These arrangements shall be approved by

the Executive Council not later than 60 days after this Convention enters into force

for the State Party, taking into account the recommendations of the Technical

Secretariat, which shall be based on an evaluation of the detailed facility information

provided in accordance with paragraph 31 and a visit to the facility. The Executive

Council shall, at its first session, establish the guidelines for such transitional

verification arrangements, based on recommendations to be considered and approved

by the Conference pursuant to Article VIII, paragraph 21 (i). The transitional

verification arrangements shall be designed to verify, throughout the entire

transitional period, the destruction of chemical weapons in accordance with the

purposes set forth in paragraph 50, and to avoid hampering ongoing destruction

operations.

52. The provisions of paragraphs 53 to 61 shall apply to chemical weapons destruction

operations that are to begin not earlier than 390 days after the entry into force of this

Convention.

53. On the basis of this Convention and the detailed destruction facility information, and

as the case may be, on experience from previous inspections, the Technical

Secretariat shall prepare a draft plan for inspecting the destruction of chemical

weapons at each destruction facility. The plan shall be completed and provided to the

inspected State Party for comment not less than 270 days before the facility begins

destruction operations pursuant to this Convention. Any differences between the

Technical Secretariat and the inspected State Party should be resolved through

consultations. Any unresolved matter shall be forwarded to the Executive Council for

appropriate action with a view to facilitating the full implementation of this

Convention.

54. The Technical Secretariat shall conduct an initial visit to each chemical weapons

destruction facility of the inspected State Party not less than 240 days before each

facility begins destruction operations pursuant to this Convention, to allow it to

familiarize itself with the facility and assess the adequacy of the inspection plan.

55. In the case of an existing facility where chemical weapons destruction operations

have already been initiated, the inspected State Party shall not be required to

decontaminate the facility before the Technical Secretariat conducts an initial visit.

The duration of the visit shall not exceed five days and the number of visiting

personnel shall not exceed 15.

56. The agreed detailed plans for verification, with an appropriate recommendation by the

Technical Secretariat, shall be forwarded to the Executive Council for review. The

Executive Council shall review the plans with a view to approving them, consistent

with verification objectives and obligations under this Convention. It should also

confirm that verification schemes for destruction are consistent with verification aims

Part IV (A) – Destruction of Chemical Weapons 96

and are efficient and practical. This review should be completed not less than

180 days before the destruction period begins.

57. Each member of the Executive Council may consult with the Technical Secretariat on

any issues regarding the adequacy of the plan for verification. If there are no

objections by any member of the Executive Council, the plan shall be put into action.

58. If there are any difficulties, the Executive Council shall enter into consultations with

the State Party to reconcile them. If any difficulties remain unresolved they shall be

referred to the Conference.

59. The detailed facility agreements for chemical weapons destruction facilities shall

specify, taking into account the specific characteristics of the destruction facility and

its mode of operation:

(a) Detailed on-site inspection procedures; and

(b) Provisions for verification through continuous monitoring with on-site

instruments and physical presence of inspectors.

60. Inspectors shall be granted access to each chemical weapons destruction facility not

less than 60 days before the commencement of the destruction, pursuant to this

Convention, at the facility. Such access shall be for the purpose of supervising the

installation of the inspection equipment, inspecting this equipment and testing its

operation, as well as for the purpose of carrying out a final engineering review of the

facility. In the case of an existing facility where chemical weapons destruction

operations have already been initiated, destruction operations shall be stopped for the

minimum amount of time required, not to exceed 60 days, for installation and testing

of the inspection equipment. Depending on the results of the testing and review, the

State Party and the Technical Secretariat may agree on additions or changes to the

detailed facility agreement for the facility.

61. The inspected State Party shall notify, in writing, the inspection team leader at a

chemical weapons destruction facility not less than four hours before the departure of

each shipment of chemical weapons from a chemical weapons storage facility to that

destruction facility. This notification shall specify the name of the storage facility, the

estimated times of departure and arrival, the specific types and quantities of chemical

weapons being transported, whether any tagged items are being moved, and the

method of transportation. This notification may include notification of more than one

shipment. The inspection team leader shall be promptly notified, in writing, of any

changes in this information.

Chemical weapons storage facilities at chemical weapons destruction facilities

62. The inspectors shall verify the arrival of the chemical weapons at the destruction

facility and the storing of these chemical weapons. The inspectors shall verify the

inventory of each shipment, using agreed procedures consistent with facility safety

regulations, prior to the destruction of the chemical weapons. They shall employ, as

97 Part IV (A) – Destruction of Chemical Weapons

appropriate, agreed seals, markers or other inventory control procedures to facilitate

an accurate inventory of the chemical weapons prior to destruction.

63. As soon and as long as chemical weapons are stored at chemical weapons storage

facilities located at chemical weapons destruction facilities, these storage facilities

shall be subject to systematic verification in conformity with the relevant facility

agreements.

64. At the end of an active destruction phase, inspectors shall make an inventory of the

chemical weapons, that have been removed from the storage facility, to be destroyed.

They shall verify the accuracy of the inventory of the chemical weapons remaining,

employing inventory control procedures as referred to in paragraph 62.

Systematic on-site verification measures at chemical weapons destruction facilities

65. The inspectors shall be granted access to conduct their activities at the chemical

weapons destruction facilities and the chemical weapons storage facilities located at

such facilities during the entire active phase of destruction.

66. At each chemical weapons destruction facility, to provide assurance that no chemical

weapons are diverted and that the destruction process has been completed, inspectors

shall have the right to verify through their physical presence and monitoring with

on-site instruments:

(a) The receipt of chemical weapons at the facility;

(b) The temporary holding area for chemical weapons and the specific type and

quantity of chemical weapons stored in that area;

(d) The process of destruction;

(e) The end-product of destruction;

(f) The mutilation of metal parts; and

(g) The integrity of the destruction process and of the facility as a whole.

67. Inspectors shall have the right to tag, for sampling, munitions, devices, or containers

located in the temporary holding areas at the chemical weapons destruction facilities.

68. To the extent that it meets inspection requirements, information from routine facility

operations, with appropriate data authentication, shall be used for inspection

purposes.

69. After the completion of each period of destruction, the Technical Secretariat shall

confirm the declaration of the State Party, reporting the completion of destruction of

the designated quantity of chemical weapons.

Part IV (A) – Destruction of Chemical Weapons 98

70. Inspectors shall, in accordance with facility agreements:

(a) Have unimpeded access to all parts of the chemical weapons destruction

facilities and the chemical weapons storage facilities located at such facilities,

including any munitions, devices, bulk containers, or other containers, therein.

The items to be inspected shall be chosen by the inspectors in accordance with

the verification plan that has been agreed to by the inspected State Party and

approved by the Executive Council;

(b) Monitor the systematic on-site analysis of samples during the destruction

process; and

containers and other containers at the destruction facility or the storage facility

thereat.

99 Part IV (B) – Old and Abandoned Chemical Weapons

PART IV (B)

OLD CHEMICAL WEAPONS AND ABANDONED CHEMICAL WEAPONS

A. GENERAL

1. Old chemical weapons shall be destroyed as provided for in Section B.

2. Abandoned chemical weapons, including those which also meet the definition of

Article II, paragraph 5 (b), shall be destroyed as provided for in Section C.

B. REGIME FOR OLD CHEMICAL WEAPONS

3. A State Party which has on its territory old chemical weapons as defined in Article II,

paragraph 5 (a), shall, not later than 30 days after this Convention enters into force for

it, submit to the Technical Secretariat all available relevant information, including, to

the extent possible, the location, type, quantity and the present condition of these old

chemical weapons.

In the case of old chemical weapons as defined in Article II, paragraph 5 (b), the State

Party shall submit to the Technical Secretariat a declaration pursuant to Article III,

paragraph 1 (b) (i), including, to the extent possible, the information specified in

Part IV (A), paragraphs 1 to 3, of this Annex.

4. A State Party which discovers old chemical weapons after this Convention enters into

force for it shall submit to the Technical Secretariat the information specified in

paragraph 3 not later than 180 days after the discovery of the old chemical weapons.

5. The Technical Secretariat shall conduct an initial inspection, and any further

inspections as may be necessary, in order to verify the information submitted pursuant

to paragraphs 3 and 4 and in particular to determine whether the chemical weapons

meet the definition of old chemical weapons as specified in Article II, paragraph 5.

Guidelines to determine the usability of chemical weapons produced between 1925

and 1946 shall be considered and approved by the Conference pursuant to Article

VIII, paragraph 21 (i).

6. A State Party shall treat old chemical weapons that have been confirmed by the

Technical Secretariat as meeting the definition in Article II, paragraph 5 (a), as toxic

waste. It shall inform the Technical Secretariat of the steps being taken to destroy or

otherwise dispose of such old chemical weapons as toxic waste in accordance with its

national legislation.

7. Subject to paragraphs 3 to 5, a State Party shall destroy old chemical weapons that

have been confirmed by the Technical Secretariat as meeting the definition in

Article II, paragraph 5 (b), in accordance with Article IV and Part IV (A) of this

Annex. Upon request of a State Party, the Executive Council may, however, modify

the provisions on time-limit and order of destruction of these old chemical weapons,

if it determines that doing so would not pose a risk to the object and purpose of this

Part IV (B) – Old and Abandoned Chemical Weapons 100

Convention. The request shall contain specific proposals for modification of the

provisions and a detailed explanation of the reasons for the proposed modification.

C. REGIME FOR ABANDONED CHEMICAL WEAPONS

8. A State Party on whose territory there are abandoned chemical weapons (hereinafter

referred to as the “Territorial State Party”) shall, not later than 30 days after this

Convention enters into force for it, submit to the Technical Secretariat all available

relevant information concerning the abandoned chemical weapons. This information

shall include, to the extent possible, the location, type, quantity and the present

condition of the abandoned chemical weapons as well as information on the

abandonment.

9. A State Party which discovers abandoned chemical weapons after this Convention

enters into force for it shall, not later than 180 days after the discovery, submit to the

Technical Secretariat all available relevant information concerning the discovered

abandoned chemical weapons. This information shall include, to the extent possible,

the location, type, quantity and the present condition of the abandoned chemical

weapons as well as information on the abandonment.

10. A State Party which has abandoned chemical weapons on the territory of another

State Party (hereinafter referred to as the “Abandoning State Party”) shall, not later

than 30 days after this Convention enters into force for it, submit to the Technical

Secretariat all available relevant information concerning the abandoned chemical

weapons. This information shall include, to the extent possible, the location, type,

quantity as well as information on the abandonment, and the condition of the

abandoned chemical weapons.

11. The Technical Secretariat shall conduct an initial inspection, and any further

inspections as may be necessary, in order to verify all available relevant information

submitted pursuant to paragraphs 8 to 10 and determine whether systematic

verification in accordance with Part IV (A), paragraphs 41 to 43, of this Annex is

required. It shall, if necessary, verify the origin of the abandoned chemical weapons

and establish evidence concerning the abandonment and the identity of the

Abandoning State.

12. The report of the Technical Secretariat shall be submitted to the Executive Council,

the Territorial State Party, and to the Abandoning State Party or the State Party

declared by the Territorial State Party or identified by the Technical Secretariat as

having abandoned the chemical weapons. If one of the States Parties directly

concerned is not satisfied with the report it shall have the right to settle the matter in

accordance with provisions of this Convention or bring the issue to the Executive

Council with a view to settling the matter expeditiously.

13. Pursuant to Article I, paragraph 3, the Territorial State Party shall have the right to

request the State Party which has been established as the Abandoning State Party

pursuant to paragraphs 8 to 12 to enter into consultations for the purpose of

destroying the abandoned chemical weapons in cooperation with the Territorial State

Party. It shall immediately inform the Technical Secretariat of this request.

101 Part IV (B) – Old and Abandoned Chemical Weapons

14. Consultations between the Territorial State Party and the Abandoning State Party with

a view to establishing a mutually agreed plan for destruction shall begin not later than

30 days after the Technical Secretariat has been informed of the request referred to in

paragraph 13. The mutually agreed plan for destruction shall be transmitted to the

Technical Secretariat not later than 180 days after the Technical Secretariat has been

informed of the request referred to in paragraph 13. Upon the request of the

Abandoning State Party and the Territorial State Party, the Executive Council may

extend the time-limit for transmission of the mutually agreed plan for destruction.

15. For the purpose of destroying abandoned chemical weapons, the Abandoning State

Party shall provide all necessary financial, technical, expert, facility as well as other

resources. The Territorial State Party shall provide appropriate cooperation.

16. If the Abandoning State cannot be identified or is not a State Party, the Territorial

State Party, in order to ensure the destruction of these abandoned chemical weapons,

may request the Organization and other States Parties to provide assistance in the

destruction of these abandoned chemical weapons.

17. Subject to paragraphs 8 to 16, Article IV and Part IV (A) of this Annex shall also

apply to the destruction of abandoned chemical weapons. In the case of abandoned

chemical weapons which also meet the definition of old chemical weapons in

Article II, paragraph 5 (b), the Executive Council, upon the request of the Territorial

State Party, individually or together with the Abandoning State Party, may modify or

in exceptional cases suspend the application of provisions on destruction, if it

determines that doing so would not pose a risk to the object and purpose of this

Convention. In the case of abandoned chemical weapons which do not meet the

definition of old chemical weapons in Article II, paragraph 5 (b), the Executive

Council, upon the request of the Territorial State Party, individually or together with

the Abandoning State Party, may in exceptional circumstances modify the provisions

on the time-limit and the order of destruction, if it determines that doing so would not

pose a risk to the object and purpose of this Convention. Any request as referred to in

this paragraph shall contain specific proposals for modification of the provisions and

a detailed explanation of the reasons for the proposed modification.

18. 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.

Part V – Destruction of CW Production Facilities 102

PART V

DESTRUCTION OF CHEMICAL WEAPONS PRODUCTION FACILITIES

AND ITS VERIFICATION PURSUANT TO ARTICLE V

A. DECLARATIONS

Declarations of chemical weapons production facilities

1. The declaration of chemical weapons production facilities by a State Party pursuant to

Article III, paragraph 1 (c) (ii), shall contain for each facility:

(a) The name of the facility, the names of the owners, and the names of the

companies or enterprises operating the facility since 1 January 1946;

(b) The precise location of the facility, including the address, location of the

complex, location of the facility within the complex including the specific

building and structure number, if any;

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;

103 Part V – Destruction of CW Production Facilities

(f) The production capacity of the chemical weapons production facility:

(i) For a facility where chemical weapons were manufactured, production

capacity shall be expressed in terms of the annual quantitative potential

for manufacturing a specific substance on the basis of the

technological process actually used or, in the case of processes not

actually used, planned to be used at the facility;

(ii) For a facility where chemical weapons were filled, production capacity

shall be expressed in terms of the quantity of chemical that the facility

can fill into each specific type of chemical weapon a year;

(g) For each chemical weapons production facility that has not been destroyed, a

description of the facility including:

(i) A site diagram;

(ii) A process flow diagram of the facility; and

(iii) An inventory of buildings at the facility, and specialized equipment at

the facility and of any spare parts for such equipment;

(h) The present status of the facility, stating:

(i) The date when chemical weapons were last produced at the facility;

(ii) Whether the facility has been destroyed, including the date and manner

of its destruction; and

(iii) Whether the facility has been used or modified before entry into force

of this Convention for an activity not related to the production of

chemical weapons, and if so, information on what modifications have

been made, the date such non-chemical weapons related activity began

and the nature of such activity, indicating, if applicable, the kind of

product;

(i) A specification of the measures that have been taken by the State Party for

closure of, and a description of the measures that have been or will be taken

by the State Party to inactivate the facility;

(j) A description of the normal pattern of activity for safety and security at the

inactivated facility; and

(k) A statement as to whether the facility will be converted for the destruction of

chemical weapons and, if so, the dates for such conversions.

Part V – Destruction of CW Production Facilities 104

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

chemical munitions.

5. The declaration concerning transfer and receipt of chemical weapons production

equipment shall specify:

(a) Who received/transferred the chemical weapons production equipment;

(b) The identity of such equipment;

(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

105 Part V – Destruction of CW Production Facilities

(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;

(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;

(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;

(d) Methods of destruction.

10. For a chemical weapons production facility declared pursuant to Article III,

paragraph 1 (c) (iii), it is the responsibility of the State Party on whose territory the

facility is or has been located to make appropriate arrangements to ensure that the

declarations specified in paragraphs 6 to 9 above are made. If the State Party on

Part V – Destruction of CW Production Facilities 106

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;

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.

107 Part V – Destruction of CW Production Facilities

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;

17. All maintenance activities shall be subject to monitoring by the Technical Secretariat.

Principles and methods for temporary conversion of chemical weapons production facilities

into chemical weapons destruction facilities

18. Measures pertaining to the temporary conversion of chemical weapons production

facilities into chemical weapons destruction facilities shall ensure that the regime for

the temporarily converted facilities is at least as stringent as the regime for chemical

weapons production facilities that have not been converted.

19. Chemical weapons production facilities converted into chemical weapons destruction

facilities before entry into force of this Convention shall be declared under the

category of chemical weapons production facilities.

They shall be subject to an initial visit by inspectors, who shall confirm the

correctness of the information about these facilities. Verification that the conversion

of these facilities was performed in such a manner as to render them inoperable as

chemical weapons production facilities shall also be required, and shall fall within the

framework of measures provided for the facilities that are to be rendered inoperable

not later than 90 days after entry into force of this Convention.

20. A State Party that intends to carry out a conversion of chemical weapons production

facilities shall submit to the Technical Secretariat, not later than 30 days after this

Convention enters into force for it, or not later than 30 days after a decision has been

taken for temporary conversion, a general facility conversion plan, and subsequently

shall submit annual plans.

21. Should a State Party have the need to convert to a chemical weapons destruction

facility an additional chemical weapons production facility that had been closed after

this Convention entered into force for it, it shall inform the Technical Secretariat

thereof not less than 150 days before conversion. The Technical Secretariat, in

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.

Part V – Destruction of CW Production Facilities 108

23. Converted chemical weapons production facilities shall be destroyed not later than

10 years after entry into force of this Convention.

24. Any measures for the conversion of any given chemical weapons production facility

shall be facility-specific and shall depend upon its individual characteristics.

25. The set of measures carried out for the purpose of converting a chemical weapons

production facility into a chemical weapons destruction facility shall not be less than

that which is provided for the disabling of other chemical weapons production

facilities to be carried out not later than 90 days after this Convention enters into force

for the State Party.

Principles and methods related to destruction of a chemical weapons production facility

26. A State Party shall destroy equipment and buildings covered by the definition of a

chemical weapons production facility as follows:

(a) All specialized equipment and standard equipment shall be physically

destroyed;

(b) All specialized buildings and standard buildings shall be physically destroyed.

27. A State Party shall destroy facilities for producing unfilled chemical munitions and

equipment for chemical weapons employment as follows:

(a) Facilities used exclusively for production of non-chemical parts for chemical

munitions or equipment specifically designed for use directly in connection

with chemical weapons employment, shall be declared and destroyed. The

destruction process and its verification shall be conducted according to the

provisions of Article V and this Part of this Annex that govern destruction of

chemical weapons production facilities;

(b) All equipment designed or used exclusively for producing non-chemical parts

for chemical munitions shall be physically destroyed. Such equipment, which

includes specially designed moulds and metal-forming dies, may be brought to

a special location for destruction;

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.

109 Part V – Destruction of CW Production Facilities

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; confidencebuilding

in the early part of the destruction stage; gradual acquisition of experience in

the course of destroying chemical weapons production facilities; and applicability

irrespective of the actual characteristics of the facilities and the methods chosen for

their destruction. The order of destruction is based on the principle of levelling out.

29. A State Party shall, for each destruction period, determine which chemical weapons

production facilities are to be destroyed and carry out the destruction in such a way

that not more than what is specified in paragraphs 30 and 31 remains at the end of

each destruction period. A State Party is not precluded from destroying its facilities

at a faster pace.

30. The following provisions shall apply to chemical weapons production facilities that

produce Schedule 1 chemicals:

(a) A State Party shall start the destruction of such facilities not later than one

year after this Convention enters into force for it, and shall complete it not

later than 10 years after entry into force of this Convention. For a State which

is a Party at the entry into force of this Convention, this overall period shall be

divided into three separate destruction periods, namely, years 2-5, years 6-8,

and years 9-10. For States which become a Party after entry into force of this

Convention, the destruction periods shall be adapted, taking into account

paragraphs 28 and 29;

(b) Production capacity shall be used as the comparison factor for such facilities.

It shall be expressed in agent tonnes, taking into account the rules specified for

binary chemical weapons;

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.

Part V – Destruction of CW Production Facilities 110

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;

(d) Detailed inventory of equipment, buildings and other items to be destroyed;

(e) Measures to be applied to each item on the inventory;

(f) Proposed measures for verification;

(g) Security/safety measures to be observed during the destruction of the facility;

and

(h) Working and living conditions to be provided for inspectors.

34. If a State Party intends to convert temporarily a chemical weapons production facility

into a chemical weapons destruction facility, it shall notify the Technical Secretariat

not less than 150 days before undertaking any conversion activities. The notification

shall:

(a) Specify the name, address, and location of the facility;

(b) Provide a site diagram indicating all structures and areas that will be involved

in the destruction of chemical weapons and also identify all structures of the

chemical weapons production facility that are to be temporarily converted;

111 Part V – Destruction of CW Production Facilities

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.

Part V – Destruction of CW Production Facilities 112

40. If agreement is not reached with the Executive Council on aspects of verification, or if

the approved verification plan cannot be put into action, verification of destruction

shall proceed through continuous monitoring with on-site instruments and physical

presence of inspectors.

41. Destruction and verification shall proceed according to the agreed plan. The

verification shall not unduly interfere with the destruction process and shall be

conducted through the presence of inspectors on-site to witness the destruction.

42. If required verification or destruction actions are not taken as planned, all States

Parties shall be so informed.

C. VERIFICATION

Verification of declarations of chemical weapons production facilities through on-site

inspection

43. The Technical Secretariat shall conduct an initial inspection of each chemical

weapons production facility in the period between 90 and 120 days after this

Convention enters into force for the State Party.

44. The purposes of the initial inspection shall be:

(a) To confirm that the production of chemical weapons has ceased and that the

facility has been inactivated in accordance with this Convention;

(b) To permit the Technical Secretariat to familiarize itself with the measures that

have been taken to cease production of chemical weapons at the facility;

(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

113 Part V – Destruction of CW Production Facilities

the inspected State Party. Inspectors may return to maintain and verify the integrity

of the devices.

47. If, on the basis of the initial inspection, the Director-General believes that additional

measures are necessary to inactivate the facility in accordance with this Convention,

the Director-General may request, not later than 135 days after this Convention enters

into force for a State Party, that such measures be implemented by the inspected State

Party not later than 180 days after this Convention enters into force for it. At its

discretion, the inspected State Party may satisfy the request. If it does not satisfy the

request, the inspected State Party and the Director-General shall consult to resolve the

matter.

Systematic verification of chemical weapons production facilities and cessation of their

activities

48. The purpose of the systematic verification of a chemical weapons production facility

shall be to ensure that any resumption of production of chemical weapons or removal

of declared items will be detected at this facility.

49. The detailed facility agreement for each chemical weapons production facility shall

specify:

(a) Detailed on-site inspection procedures, which may include:

(i) Visual examinations;

(ii) Checking and servicing of seals and other agreed devices; and

(iii) Obtaining and analysing samples;

(b) Procedures for using tamper-indicating seals and other agreed equipment to

prevent the undetected reactivation of the facility, which shall specify:

(i) The type, placement, and arrangements for installation; and

(ii) The maintenance of such seals and equipment; and

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.

Part V – Destruction of CW Production Facilities 114

52. The Director-General shall notify the inspected State Party of his decision to inspect

or visit a chemical weapons production facility 48 hours before the planned arrival of

the inspection team at the facility for systematic inspections or visits. In the case of

inspections or visits to resolve urgent problems, this period may be shortened. The

Director-General shall specify the purpose of the inspection or visit.

53. Inspectors shall, in accordance with the facility agreements, have unimpeded access to

all parts of the chemical weapons production facilities. The items on the declared

inventory to be inspected shall be chosen by the inspectors.

54. The guidelines for determining the frequency of systematic on-site inspections shall

be considered and approved by the Conference pursuant to Article VIII, paragraph 21

(i). The particular production facility to be inspected shall be chosen by the Technical

Secretariat in such a way as to preclude the prediction of precisely when the facility is

to be inspected.

Verification of destruction of chemical weapons production facilities

55. The purpose of systematic verification of the destruction of chemical weapons

production facilities shall be to confirm that the facility is destroyed in accordance

with the obligations under this Convention and that each item on the declared

inventory is destroyed in accordance with the agreed detailed plan for destruction.

56. When all items on the declared inventory have been destroyed, the Technical

Secretariat shall confirm the declaration of the State Party to that effect. After this

confirmation, the Technical Secretariat shall terminate the systematic verification of

the chemical weapons production facility and shall promptly remove all devices and

monitoring instruments installed by the inspectors.

57. After this confirmation, the State Party shall make the declaration that the facility has

been destroyed.

Verification of temporary conversion of a chemical weapons production facility into a

chemical weapons destruction facility

58. Not later than 90 days after receiving the initial notification of the intent to convert

temporarily a production facility, the inspectors shall have the right to visit the facility

to familiarize themselves with the proposed temporary conversion and to study

possible inspection measures that will be required during the conversion.

59. Not later than 60 days after such a visit, the Technical Secretariat and the inspected

State Party shall conclude a transition agreement containing additional inspection

measures for the temporary conversion period. The transition agreement shall specify

inspection procedures, including the use of seals, monitoring equipment, and

inspections, that will provide confidence that no chemical weapons production takes

place during the conversion process. This agreement shall remain in force from the

beginning of the temporary conversion activity until the facility begins operation as a

chemical weapons destruction facility.

115 Part V – Destruction of CW Production Facilities

60. The inspected State Party shall not remove or convert any portion of the facility, or

remove or modify any seal or other agreed inspection equipment that may have been

installed pursuant to this Convention until the transition agreement has been

concluded.

61. Once the facility begins operation as a chemical weapons destruction facility, it shall

be subject to the provisions of Part IV (A) of this Annex applicable to chemical

weapons destruction facilities. Arrangements for the pre-operation period shall be

governed by the transition agreement.

62. During destruction operations the inspectors shall have access to all portions of the

temporarily converted chemical weapons production facilities, including those that

are not directly involved with the destruction of chemical weapons.

63. Before the commencement of work at the facility to convert it temporarily for

chemical weapons destruction purposes and after the facility has ceased to function as

a facility for chemical weapons destruction, the facility shall be subject to the

provisions of this Part applicable to chemical weapons production facilities.

D. CONVERSION OF CHEMICAL WEAPONS PRODUCTION FACILITIES TO

PURPOSES NOT PROHIBITED UNDER THIS CONVENTION

Procedures for requesting conversion

64. A request to use a chemical weapons production facility for purposes not prohibited

under this Convention may be made for any facility that a State Party is already using

for such purposes before this Convention enters into force for it, or that it plans to use

for such purposes.

65. For a chemical weapons production facility that is being used for purposes not

prohibited under this Convention when this Convention enters into force for the State

Party, the request shall be submitted to the Director-General not later than 30 days

after this Convention enters into force for the State Party. The request shall contain,

in addition to data submitted in accordance with paragraph 1 (h) (iii), the following

information:

(a) A detailed justification for the request;

(b) A general facility conversion plan that specifies:

(i) The nature of the activity to be conducted at the facility;

(ii) If the planned activity involves production, processing, or consumption

of chemicals: the name of each of the chemicals, the flow diagram of

the facility, and the quantities planned to be produced, processed, or

consumed annually;

(iii) Which buildings or structures are proposed to be used and what

modifications are proposed, if any;

Part V – Destruction of CW Production Facilities 116

(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

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

117 Part V – Destruction of CW Production Facilities

(viii) The nature of the activity of each other facility operating at the site;

and

well as any other measures proposed by the State Party, will ensure the

prevention of standby chemical weapons production capability at the facility.

67. The State Party may propose in its request any other measures it deems appropriate to

build confidence.

Actions pending a decision

68. Pending a decision of the Conference, a State Party may continue to use for purposes

not prohibited under this Convention a facility that was being used for such purposes

before this Convention enters into force for it, but only if the State Party certifies in

its request that no specialized equipment and no specialized buildings are being used

and that the specialized equipment and specialized buildings have been rendered

inactive using the methods specified in paragraph 13.

69. If the facility, for which the request was made, was not being used for purposes not

prohibited under this Convention before this Convention enters into force for the State

Party, or if the certification required in paragraph 68 is not made, the State Party shall

cease immediately all activity pursuant to Article V, paragraph 4. The State Party

shall close the facility in accordance with paragraph 13 not later than 90 days after

this Convention enters into force for it.

Conditions for conversion

70. As a condition for conversion of a chemical weapons production facility for purposes

not prohibited under this Convention, all specialized equipment at the facility must be

destroyed and all special features of buildings and structures that distinguish them

from buildings and structures normally used for purposes not prohibited under this

Convention and not involving Schedule 1 chemicals must be eliminated.

71. A converted facility shall not be used:

(a) For any activity involving production, processing, or consumption of a

Schedule 1 chemical or a Schedule 2 chemical; or

(b) For the production of any highly toxic chemical, including any highly toxic

organophosphorus chemical, or for any other activity that would require

special equipment for handling highly toxic or highly corrosive chemicals,

unless the Executive Council decides that such production or activity would

pose no risk to the object and purpose of this Convention, taking into account

criteria for toxicity, corrosiveness and, if applicable, other technical factors, to

be considered and approved by the Conference pursuant to Article VIII,

paragraph 21 (i).

Part V – Destruction of CW Production Facilities 118

72. Conversion of a chemical weapons production facility shall be completed not later

than six years after entry into force of this Convention.

72bis. If a State ratifies or accedes to this Convention after the six-year period for

conversion set forth in paragraph 72, the Executive Council shall, at its second

subsequent regular session, set a deadline for submission of any request to convert a

chemical weapons production facility for purposes not prohibited under this

Convention. A decision by the Conference to approve such a request, pursuant to

paragraph 75, shall establish the earliest practicable deadline for completion of the

conversion. Conversion shall be completed as soon as possible, but in no case later

than six years after this Convention enters into force for the State Party. Except as

modified in this paragraph, all provisions in Section D of this Part of this Annex shall

apply.

Decisions by the Executive Council and the Conference

73. Not later than 90 days after receipt of the request by the Director-General, an initial

inspection of the facility shall be conducted by the Technical Secretariat. The

purpose of this inspection shall be to determine the accuracy of the information

provided in the request, to obtain information on the technical characteristics of the

proposed converted facility, and to assess the conditions under which use for purposes

not prohibited under this Convention may be permitted. The Director-General shall

promptly submit a report to the Executive Council, the Conference, and all States

Parties containing his recommendations on the measures necessary to convert the

facility to purposes not prohibited under this Convention and to provide assurance

that the converted facility will be used only for purposes not prohibited under this

Convention.

74. If the facility has been used for purposes not prohibited under this Convention before

this Convention enters into force for the State Party, and is continuing to be in

operation, but the measures required to be certified under paragraph 68 have not been

taken, the Director-General shall immediately inform the Executive Council, which

may require implementation of measures it deems appropriate, inter alia, shut-down

of the facility and removal of specialized equipment and modification of buildings or

structures. The Executive Council shall stipulate the deadline for implementation of

these measures and shall suspend consideration of the request pending their

satisfactory completion. The facility shall be inspected promptly after the expiration

of the deadline to determine whether the measures have been implemented. If not, the

State Party shall be required to shut down completely all facility operations.

75. As soon as possible after receiving the report of the Director-General, the Conference,

upon recommendation of the Executive Council, shall decide, taking into account the

report and any views expressed by States Parties, whether to approve the request, and

shall establish the conditions upon which approval is contingent. If any State Party

objects to approval of the request and the associated conditions, consultations shall be

undertaken among interested States Parties for up to 90 days to seek a mutually

acceptable solution. A decision on the request and associated conditions, along with

any proposed modifications thereto, shall be taken, as a matter of substance, as soon

as possible after the end of the consultation period.

119 Part V – Destruction of CW Production Facilities

76. If the request is approved, a facility agreement shall be completed not later than

90 days after such a decision is taken. The facility agreement shall contain the

conditions under which the conversion and use of the facility is permitted, including

measures for verification. Conversion shall not begin before the facility agreement is

concluded.

Detailed plans for conversion

77. Not less than 180 days before conversion of a chemical weapons production facility is

planned to begin, the State Party shall provide the Technical Secretariat with the

detailed plans for conversion of the facility, including proposed measures for

verification of conversion, with respect to, inter alia:

(a) Timing of the presence of the inspectors at the facility to be converted; and

(b) Procedures for verification of measures to be applied to each item on the

declared inventory.

78. The detailed plan for conversion of each chemical weapons production facility shall

contain:

(a) Detailed time schedule of the conversion process;

(b) Layout of the facility before and after conversion;

conversion;

(d) Detailed inventory of equipment, buildings and structures and other items to

be destroyed and of the buildings and structures to be modified;

(e) Measures to be applied to each item on the inventory, if any;

(f) Proposed measures for verification;

(g) Security/safety measures to be observed during the conversion of the facility;

and

(h) Working and living conditions to be provided for inspectors.

Review of detailed plans

79. On the basis of the detailed plan for conversion and proposed measures for

verification submitted by the State Party, and on experience from previous

inspections, the Technical Secretariat shall prepare a plan for verifying the conversion

of the facility, consulting closely with the State Party. Any differences between the

Technical Secretariat and the State Party concerning appropriate measures shall be

resolved through consultations. Any unresolved matters shall be forwarded to the

Part V – Destruction of CW Production Facilities 120

Executive Council for appropriate action with a view to facilitate the full

implementation of this Convention.

80. To ensure that the provisions of Article V and this Part are fulfilled, the combined

plans for conversion and verification shall be agreed upon between the Executive

Council and the State Party. This agreement shall be completed not less than 60 days

before conversion is planned to begin.

81. Each member of the Executive Council may consult with the Technical Secretariat on

any issue regarding the adequacy of the combined plan for conversion and

verification. If there are no objections by any member of the Executive Council, the

plan shall be put into action.

82. If there are any difficulties, the Executive Council should enter into consultations

with the State Party to reconcile them. If any difficulties remain unresolved, they

should be referred to the Conference. The resolution of any differences over methods

of conversion should not delay the execution of other parts of the conversion plan that

are acceptable.

83. If agreement is not reached with the Executive Council on aspects of verification, or if

the approved verification plan cannot be put into action, verification of conversion

shall proceed through continuous monitoring with on-site instruments and physical

presence of inspectors.

84. Conversion and verification shall proceed according to the agreed plan. The

verification shall not unduly interfere with the conversion process and shall be

conducted through the presence of inspectors to confirm the conversion.

85. For the 10 years after the Director-General certifies that conversion is complete, the

State Party shall provide to inspectors unimpeded access to the facility at any time.

The inspectors shall have the right to observe all areas, all activities, and all items of

equipment at the facility. The inspectors shall have the right to verify that the

activities at the facility are consistent with any conditions established under this

Section, by the Executive Council and the Conference. The inspectors shall also have

the right, in accordance with provisions of Part II, Section E, of this Annex to receive

samples from any area of the facility and to analyse them to verify the absence of

Schedule 1 chemicals, their stable by-products and decomposition products and of

Schedule 2 chemicals and to verify that the activities at the facility are consistent with

any other conditions on chemical activities established under this Section, by the

Executive Council and the Conference. The inspectors shall also have the right to

managed access, in accordance with Part X, Section C, of this Annex, to the plant site

at which the facility is located. During the 10-year period, the State Party shall report

annually on the activities at the converted facility. Upon completion of the 10-year

period, the Executive Council, taking into account recommendations of the Technical

Secretariat, shall decide on the nature of continued verification measures.

86. Costs of verification of the converted facility shall be allocated in accordance with

Article V, paragraph 19.

121 Part VI – Schedule 1 Regime

PART VI

ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION

IN ACCORDANCE WITH ARTICLE VI

REGIME FOR SCHEDULE 1 CHEMICALS AND FACILITIES

RELATED TO SUCH CHEMICALS

A. GENERAL PROVISIONS

1. A State Party shall not produce, acquire, retain or use Schedule 1 chemicals outside

the territories of States Parties and shall not transfer such chemicals outside its

territory except to another State Party.

2. A State Party shall not produce, acquire, retain, transfer or use Schedule 1 chemicals

unless:

(a) The chemicals are applied to research, medical, pharmaceutical or protective

purposes; and

(b) The types and quantities of chemicals are strictly limited to those which can be

justified for such purposes; and

is equal to or less than 1 tonne; and

(d) The aggregate amount for such purposes acquired by a State Party in any year

through production, withdrawal from chemical weapons stocks and transfer is

equal to or less than 1 tonne.

B. TRANSFERS

3. A State Party may transfer Schedule 1 chemicals outside its territory only to another

State Party and only for research, medical, pharmaceutical or protective purposes in

accordance with paragraph 2.

4. Chemicals transferred shall not be retransferred to a third State.

5. Not less than 30 days before any transfer to another State Party both States Parties

shall notify the Technical Secretariat of the transfer.

5bis. For quantities of 5 milligrams or less, the Schedule 1 chemical saxitoxin shall not be

subject to the notification period in paragraph 5 if the transfer is for

medical/diagnostic purposes. In such cases, the notification shall be made by the time

of 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

Part VI – Schedule 1 Regime 122

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.

C. PRODUCTION

General principles for production

7. Each State Party, during production under paragraphs 8 to 12, shall assign the highest

priority to ensuring the safety of people and to protecting the environment. Each

State Party shall conduct such production in accordance with its national standards for

safety and emissions.

Single small-scale facility

8. Each State Party that produces Schedule 1 chemicals for research, medical,

pharmaceutical or protective purposes shall carry out the production at a single

small-scale facility approved by the State Party, except as set forth in

paragraphs 10, 11 and 12.

9. The production at a single small-scale facility shall be carried out in reaction vessels

in production lines not configurated for continuous operation. The volume of such a

reaction vessel shall not exceed 100 litres, and the total volume of all reaction vessels

with a volume exceeding 5 litres shall not be more than 500 litres.

Other facilities

10. Production of Schedule 1 chemicals in aggregate quantities not exceeding 10 kg per

year may be carried out for protective purposes at one facility outside a single

small-scale facility. This facility shall be approved by the State Party.

11. Production of Schedule 1 chemicals in quantities of more than 100 g per year may be

carried out for research, medical or pharmaceutical purposes outside a single

small-scale facility in aggregate quantities not exceeding 10 kg per year per facility.

These facilities shall be approved by the State Party.

12. Synthesis of Schedule 1 chemicals for research, medical or pharmaceutical purposes,

but not for protective purposes, may be carried out at laboratories in aggregate

quantities less than 100 g per year per facility. These facilities shall not be subject to

any obligation relating to declaration and verification as specified in Sections D and

123 Part VI – Schedule 1 Regime

D. DECLARATIONS

Single small-scale facility

13. Each State Party that plans to operate a single small-scale facility shall provide the

Technical Secretariat with the precise location and a detailed technical description of

the facility, including an inventory of equipment and detailed diagrams. For existing

facilities, this initial declaration shall be provided not later than 30 days after this

Convention enters into force for the State Party. Initial declarations on new facilities

shall be provided not less than 180 days before operations are to begin.

14. Each State Party shall give advance notification to the Technical Secretariat of

planned changes related to the initial declaration. The notification shall be submitted

not less than 180 days before the changes are to take place.

15. A State Party producing Schedule 1 chemicals at a single small-scale facility shall

make a detailed annual declaration regarding the activities of the facility for the

previous year. The declaration shall be submitted not later than 90 days after the end

of that year and shall include:

(a) Identification of the facility;

(b) For each Schedule 1 chemical produced, acquired, consumed or stored at the

facility, the following information:

(i) The chemical name, structural formula and Chemical Abstracts Service

registry number, if assigned;

(ii) The methods employed and quantity produced;

(iii) The name and quantity of precursors listed in Schedules 1, 2, or 3 used

for production of Schedule 1 chemicals;

(iv) The quantity consumed at the facility and the purpose(s) of the

consumption;

(v) The quantity received from or shipped to other facilities in the State

Party. For each shipment the quantity, recipient and purpose should be

included;

(vi) The maximum quantity stored at any time during the year; and

(vii) The quantity stored at the end of the year; and

previously submitted detailed technical descriptions of the facility including

inventories of equipment and detailed diagrams.

Part VI – Schedule 1 Regime 124

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

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;

125 Part VI – Schedule 1 Regime

(iii) The name and quantity of precursors listed in Schedules 1, 2, or 3,

used for production of Schedule 1 chemicals;

(iv) The quantity consumed at the facility and the purpose of the

consumption;

(v) The quantity transferred to other facilities within the State Party. For

each transfer the quantity, recipient and purpose should be included;

(vi) The maximum quantity stored at any time during the year; and

(vii) The quantity stored at the end of the year; and

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

during the year compared to previously submitted detailed technical

descriptions of the facility.

E. VERIFICATION

Single small-scale facility

21. The aim of verification activities at the single small-scale facility shall be to verify

that the quantities of Schedule 1 chemicals produced are correctly declared and, in

particular, that their aggregate amount does not exceed 1 tonne.

22. The facility shall be subject to systematic verification through on-site inspection and

monitoring with on-site instruments.

23. The number, intensity, duration, timing and mode of inspections for a particular

facility shall be based on the risk to the object and purpose of this Convention posed

Part VI – Schedule 1 Regime 126

by the relevant chemicals, the characteristics of the facility and the nature of the

activities carried out there. Appropriate guidelines shall be considered and approved

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

24. The purpose of the initial inspection shall be to verify information provided

concerning the facility, including verification of the limits on reaction vessels set

forth in paragraph 9.

25. Not later than 180 days after this Convention enters into force for a State Party, it

shall conclude a facility agreement, based on a model agreement, with the

Organization, covering detailed inspection procedures for the facility.

26. Each State Party planning to establish a single small-scale facility after this

Convention enters into force for it shall conclude a facility agreement, based on a

model agreement, with the Organization, covering detailed inspection procedures for

the facility before it begins operation or is used.

27. A model for agreements shall be considered and approved by the Conference pursuant

to Article VIII, paragraph 21 (i).

Other facilities referred to in paragraphs 10 and 11

28. The aim of verification activities at any facility referred to in paragraphs 10 and 11

shall be to verify that:

(a) The facility is not used to produce any Schedule 1 chemical, except for the

declared chemicals;

(b) The quantities of Schedule 1 chemicals produced, processed or consumed are

correctly declared and consistent with needs for the declared purpose; and

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.

127 Part VII – Schedule 2 Regime

PART VII

ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION

IN ACCORDANCE WITH ARTICLE VI

REGIME FOR SCHEDULE 2 CHEMICALS AND FACILITIES

RELATED TO SUCH CHEMICALS

A. DECLARATIONS

Declarations of aggregate national data

1. The initial and annual declarations to be provided by each State Party pursuant to

Article VI, paragraphs 7 and 8, shall include aggregate national data for the previous

calendar year on the quantities produced, processed, consumed, imported and

exported of each Schedule 2 chemical, as well as a quantitative specification of

import and export for each country involved.

2. Each State Party shall submit:

(a) Initial declarations pursuant to paragraph 1 not later than 30 days after this

Convention enters into force for it; and, starting in the following calendar

year,

(b) Annual declarations not later than 90 days after the end of the previous

calendar year.

Declarations of plant sites producing, processing or consuming Schedule 2 chemicals

3. Initial and annual declarations are required for all plant sites that comprise one or

more plant(s) which produced, processed or consumed during any of the previous

three calendar years or is anticipated to produce, process or consume in the next

calendar year more than:

(a) 1 kg of a chemical designated “*” in Schedule 2, part A;

(b) 100 kg of any other chemical listed in Schedule 2, part A; or

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;

Part VII – Schedule 2 Regime 128

beginning of the following calendar year. Any such activity additionally

planned after the annual declaration has been submitted shall be declared not

later than five days before this activity begins.

5. Declarations pursuant to paragraph 3 are generally not required for mixtures

containing a low concentration of a Schedule 2 chemical. They are only required, in

accordance with guidelines, in cases where the ease of recovery from the mixture of

the Schedule 2 chemical and its total weight are deemed to pose a risk to the object

and purpose of this Convention. These guidelines shall be considered and approved

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

6. Declarations of a plant site pursuant to paragraph 3 shall include:

(a) The name of the plant site and the name of the owner, company, or enterprise

operating it;

(b) Its precise location including the address; and

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;

(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:

129 Part VII – Schedule 2 Regime

(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;

produced, processed, consumed, imported and exported by the plant site in the

previous calendar year;

(d) In the case of the annual declaration on anticipated activities: the total amount

anticipated to be produced, processed or consumed by the plant site in the

following calendar year, including the anticipated time periods for production,

processing or consumption; and

(e) The purposes for which the chemical was or will be produced, processed or

consumed:

(i) Processing and consumption on site with a specification of the product

types;

(ii) Sale or transfer within the territory or to any other place under the

jurisdiction or control of the State Party, with a specification whether

to other industry, trader or other destination and, if possible, of final

product types;

(iii) Direct export, with a specification of the States involved; or

(iv) Other, including a specification of these other purposes.

Declarations on past production of Schedule 2 chemicals for chemical weapons purposes

9. Each State Party shall, not later than 30 days after this Convention enters into force

for it, declare all plant sites comprising plants that produced at any time since

1 January 1946 a Schedule 2 chemical for chemical weapons purposes.

10. Declarations of a plant site pursuant to paragraph 9 shall include:

(a) The name of the plant site and the name of the owner, company, or enterprise

operating it;

(b) Its precise location including the address;

specifications set forth in paragraph 9, the same information as required under

paragraph 7, subparagraphs (a) to (e); and

(d) For each Schedule 2 chemical produced for chemical weapons purposes:

Part VII – Schedule 2 Regime 130

(i) The chemical name, common or trade name used by the plant site for

chemical weapons production purposes, structural formula, and

Chemical Abstracts Service registry number, if assigned;

(ii) The dates when the chemical was produced and the quantity produced;

and

(iii) The location to which the chemical was delivered and the final product

produced there, if known.

Information to States Parties

11. A list of plant sites declared under this Section together with the information provided

under paragraphs 6, 7 (a), 7 (c), 7 (d) (i), 7 (d) (iii), 8 (a) and 10 shall be transmitted

by the Technical Secretariat to States Parties upon request.

B. VERIFICATION

General

12. Verification provided for in Article VI, paragraph 4, shall be carried out through

on-site inspection at those of the declared plant sites that comprise one or more plants

which produced, processed or consumed during any of the previous three calendar

years or are anticipated to produce, process or consume in the next calendar year more

than:

(a) 10 kg of a chemical designated “*” in Schedule 2, part A;

(b) 1 tonne of any other chemical listed in Schedule 2, part A; or

13. The programme and budget of the Organization to be adopted by the Conference

pursuant to Article VIII, paragraph 21 (a) shall contain, as a separate item, a

programme and budget for verification under this Section. In the allocation of

resources made available for verification under Article VI, the Technical Secretariat

shall, during the first three years after the entry into force of this Convention, give

priority to the initial inspections of plant sites declared under Section A. The

allocation shall thereafter be reviewed on the basis of the experience gained.

14. The Technical Secretariat shall conduct initial inspections and subsequent inspections

in accordance with paragraphs 15 to 22.

Inspection aims

15. The general aim of inspections shall be to verify that activities are in accordance with

obligations under this Convention and consistent with the information to be provided

131 Part VII – Schedule 2 Regime

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

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;

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.

Part VII – Schedule 2 Regime 132

20. In selecting particular plant sites for inspection and in deciding on the frequency and

intensity of inspections, the Technical Secretariat shall give due consideration to the

risk to the object and purpose of this Convention posed by the relevant chemical, the

characteristics of the plant site and the nature of the activities carried out there, taking

into account the respective facility agreement as well as the results of the initial

inspections and subsequent inspections.

21. The Technical Secretariat shall choose a particular plant site to be inspected in such a

way as to preclude the prediction of exactly when it will be inspected.

22. No plant site shall receive more than two inspections per calendar year under the

provisions of this Section. This, however, shall not limit inspections pursuant to

Article IX.

Inspection procedures

23. In addition to agreed guidelines, other relevant provisions of this Annex and the

Confidentiality Annex, paragraphs 24 to 30 below shall apply.

24. A facility agreement for the declared plant site shall be concluded not later than

90 days after completion of the initial inspection between the inspected State Party

and the Organization unless the inspected State Party and the Technical Secretariat

agree that it is not needed. It shall be based on a model agreement and govern the

conduct of inspections at the declared plant site. The agreement shall specify the

frequency and intensity of inspections as well as detailed inspection procedures,

consistent with paragraphs 25 to 29.

25. The focus of the inspection shall be the declared Schedule 2 plant(s) within the

declared plant site. If the inspection team requests access to other parts of the plant

site, access to these areas shall be granted in accordance with the obligation to

provide clarification pursuant to Part II, paragraph 51, of this Annex and in

accordance with the facility agreement, or, in the absence of a facility agreement, in

accordance with the rules of managed access as specified in Part X, Section C, of this

Annex.

26. Access to records shall be provided, as appropriate, to provide assurance that there

has been no diversion of the declared chemical and that production has been

consistent with declarations.

27. Sampling and analysis shall be undertaken to check for the absence of undeclared

scheduled chemicals.

28. Areas to be inspected may include:

(a) Areas where feed chemicals (reactants) are delivered or stored;

(b) Areas where manipulative processes are performed upon the reactants prior to

addition to the reaction vessels;

133 Part VII – Schedule 2 Regime

subparagraph (b) to the reaction vessels together with any associated valves,

flow meters, etc.;

(d) The external aspect of the reaction vessels and ancillary equipment;

(e) Lines from the reaction vessels leading to long- or short-term storage or to

equipment further processing the declared Schedule 2 chemicals;

(f) Control equipment associated with any of the items under subparagraphs (a) to

(e);

(g) Equipment and areas for waste and effluent handling;

(h) Equipment and areas for disposition of chemicals not up to specification.

29. The period of inspection shall not last more than 96 hours; however, extensions may

be agreed between the inspection team and the inspected State Party.

Notification of inspection

30. A State Party shall be notified by the Technical Secretariat of the inspection not less

than 48 hours before the arrival of the inspection team at the plant site to be inspected.

C. TRANSFERS TO STATES NOT PARTY TO THIS CONVENTION

31. Schedule 2 chemicals shall only be transferred to or received from States Parties.

This obligation shall take effect three years after entry into force of this Convention.

32. During this interim three-year period, each State Party shall require an end-use

certificate, as specified below, for transfers of Schedule 2 chemicals to States not

Party to this Convention. For such transfers, each State Party shall adopt the

necessary measures to ensure that the transferred chemicals shall only be used for

purposes not prohibited under this Convention. Inter alia, the State Party shall require

from the recipient State a certificate stating, in relation to the transferred chemicals:

(a) That they will only be used for purposes not prohibited under this Convention;

(b) That they will not be re-transferred;

(d) Their end-use(s); and

(e) The name(s) and address(es) of the end-user(s).

Part VIII – Schedule 3 Regime 134

PART VIII

ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION

IN ACCORDANCE WITH ARTICLE VI

REGIME FOR SCHEDULE 3 CHEMICALS AND FACILITIES

RELATED TO SUCH CHEMICALS

A. DECLARATIONS

Declarations of aggregate national data

1. The initial and annual declarations to be provided by a State Party pursuant to

Article VI, paragraphs 7 and 8, shall include aggregate national data for the previous

calendar year on the quantities produced, imported and exported of each Schedule 3

chemical, as well as a quantitative specification of import and export for each country

involved.

2. Each State Party shall submit:

(a) Initial declarations pursuant to paragraph 1 not later than 30 days after this

Convention enters into force for it; and, starting in the following calendar

year,

(b) Annual declarations not later than 90 days after the end of the previous

calendar year.

Declarations of plant sites producing Schedule 3 chemicals

3. Initial and annual declarations are required for all plant sites that comprise one or

more plants which produced during the previous calendar year or are anticipated to

produce in the next calendar year more than 30 tonnes of a Schedule 3 chemical.

4. Each State Party shall submit:

(a) Initial declarations pursuant to paragraph 3 not later than 30 days after this

Convention enters into force for it; and, starting in the following calendar

year;

(b) Annual declarations on past activities not later than 90 days after the end of

the previous calendar year;

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

135 Part VIII – Schedule 3 Regime

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

VII of this Annex.

7. Declarations of a plant site pursuant to paragraph 3 shall also include, for each plant

which is located within the plant site and which falls under the specifications set forth

in paragraph 3, the following information:

(a) The name of the plant and the name of the owner, company, or enterprise

operating it;

(b) Its precise location within the plant site, including the specific building or

structure number, if any;

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

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:

Part VIII – Schedule 3 Regime 136

(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;

specifications set forth in paragraph 9, the same information as required under

paragraph 7, subparagraphs (a) to (c); and

(d) For each Schedule 3 chemical produced for chemical weapons purposes:

(i) The chemical name, common or trade name used by the plant site for

chemical weapons production purposes, structural formula, and

Chemical Abstracts Service registry number, if assigned;

(ii) The dates when the chemical was produced and the quantity produced;

and

(iii) The location to which the chemical was delivered and the final product

produced there, if known.

Information to States Parties

11. A list of plant sites declared under this Section together with the information provided

under paragraphs 6, 7 (a), 7 (c), 8 (a) and 10 shall be transmitted by the Technical

Secretariat to States Parties upon request.

B. VERIFICATION

General

12. Verification provided for in paragraph 5 of Article VI shall be carried out through

on-site inspections at those declared plant sites which produced during the previous

calendar year or are anticipated to produce in the next calendar year in excess of

200 tonnes aggregate of any Schedule 3 chemical above the declaration threshold of

30 tonnes.

13. The programme and budget of the Organization to be adopted by the Conference

pursuant to Article VIII, paragraph 21 (a), shall contain, as a separate item, a

programme and budget for verification under this Section taking into account Part

VII, paragraph 13, of this Annex.

14. Under this Section, the Technical Secretariat shall randomly select plant sites for

inspection through appropriate mechanisms, such as the use of specially designed

computer software, on the basis of the following weighting factors:

(a) Equitable geographical distribution of inspections; and

137 Part VIII – Schedule 3 Regime

(b) The information on the declared plant sites available to the Technical

Secretariat, related to the relevant chemical, the characteristics of the plant site

and the nature of the activities carried out there.

15. No plant site shall receive more than two inspections per year under the provisions of

this Section. This, however, shall not limit inspections pursuant to Article IX.

16. In selecting plant sites for inspection under this Section, the Technical Secretariat

shall observe the following limitation for the combined number of inspections to be

received by a State Party per calendar year under this Part and Part IX of this Annex:

the combined number of inspections shall not exceed three plus 5 per cent of the total

number of plant sites declared by a State Party under both this Part and Part IX of this

Annex, or 20 inspections, whichever of these two figures is lower.

Inspection aims

17. At plant sites declared under Section A, the general aim of inspections shall be to

verify that activities are consistent with the information to be provided in

declarations. The particular aim of inspections shall be the verification of the absence

of any Schedule 1 chemical, especially its production, except if in accordance with

Part VI of this Annex.

Inspection procedures

18. In addition to agreed guidelines, other relevant provisions of this Annex and the

Confidentiality Annex, paragraphs 19 to 25 below shall apply.

19. There shall be no facility agreement, unless requested by the inspected State Party.

20. The focus of the inspections shall be the declared Schedule 3 plant(s) within the

declared plant site. If the inspection team, in accordance with Part II, paragraph 51,

of this Annex, requests access to other parts of the plant site for clarification of

ambiguities, the extent of such access shall be agreed between the inspection team

and the inspected State Party.

21. The inspection team may have access to records in situations in which the inspection

team and the inspected State Party agree that such access will assist in achieving the

objectives of the inspection.

22. Sampling and on-site analysis may be undertaken to check for the absence of

undeclared scheduled chemicals. In case of unresolved ambiguities, samples may be

analysed in a designated off-site laboratory, subject to the inspected State Party’s

agreement.

23. Areas to be inspected may include:

(a) Areas where feed chemicals (reactants) are delivered or stored;

Part VIII – Schedule 3 Regime 138

(b) Areas where manipulative processes are performed upon the reactants prior to

addition to the reaction vessel;

subparagraph (b) to the reaction vessel together with any associated valves,

flow meters, etc.;

(d) The external aspect of the reaction vessels and ancillary equipment;

(e) Lines from the reaction vessels leading to long- or short-term storage or to

equipment further processing the declared Schedule 3 chemicals;

(f) Control equipment associated with any of the items under subparagraphs (a) to

(e);

(g) Equipment and areas for waste and effluent handling;

(h) Equipment and areas for disposition of chemicals not up to specification.

24. The period of inspection shall not last more than 24 hours; however, extensions may

be agreed between the inspection team and the inspected State Party.

Notification of inspection

25. A State Party shall be notified by the Technical Secretariat of the inspection not less

than 120 hours before the arrival of the inspection team at the plant site to be

inspected.

C. TRANSFERS TO STATES NOT PARTY TO THIS CONVENTION

26. When transferring Schedule 3 chemicals to States not Party to this Convention, each

State Party shall adopt the necessary measures to ensure that the transferred chemicals

shall only be used for purposes not prohibited under this Convention. Inter alia, the

State Party shall require from the recipient State a certificate stating, in relation to the

transferred chemicals:

(a) That they will only be used for purposes not prohibited under this Convention;

(b) That they will not be re-transferred;

(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.

139 Part IX – Other Chemical Production Facilities

PART IX

ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION

IN ACCORDANCE WITH ARTICLE VI

REGIME FOR OTHER CHEMICAL PRODUCTION FACILITIES

A. DECLARATIONS

List of other chemical production facilities

1. The initial declaration to be provided by each State Party pursuant to Article VI,

paragraph 7, shall include a list of all plant sites that:

(a) Produced by synthesis during the previous calendar year more than 200 tonnes

of unscheduled discrete organic chemicals; or

(b) Comprise one or more plants which produced by synthesis during the previous

calendar year more than 30 tonnes of an unscheduled discrete organic

chemical containing the elements phosphorus, sulfur or fluorine (hereinafter

referred to as “PSF-plants” and “PSF-chemical”).

2. The list of other chemical production facilities to be submitted pursuant to paragraph

1 shall not include plant sites that exclusively produced explosives or hydrocarbons.

3. Each State Party shall submit its list of other chemical production facilities pursuant

to paragraph 1 as part of its initial declaration not later than 30 days after this

Convention enters into force for it. Each State Party shall, not later than 90 days after

the beginning of each following calendar year, provide annually the information

necessary to update the list.

4. The list of other chemical production facilities to be submitted pursuant to

paragraph 1 shall include the following information on each plant site:

(a) The name of the plant site and the name of the owner, company, or enterprise

operating it;

(b) The precise location of the plant site including its address;

(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.

Part IX – Other Chemical Production Facilities 140

6. With regard to plant sites listed pursuant to paragraph 1 (b), the list shall also specify

the number of PSF-plants within the plant site and include information on the

approximate aggregate amount of production of PSF-chemicals produced by each

PSF-plant in the previous calendar year expressed in the ranges: under 200 tonnes,

200 to 1,000 tonnes, 1,000 to 10,000 tonnes and above 10,000 tonnes.

Assistance by the Technical Secretariat

7. If a State Party, for administrative reasons, deems it necessary to ask for assistance in

compiling its list of chemical production facilities pursuant to paragraph 1, it may

request the Technical Secretariat to provide such assistance. Questions as to the

completeness of the list shall then be resolved through consultations between the State

Party and the Technical Secretariat.

Information to States Parties

8. The lists of other chemical production facilities submitted pursuant to paragraph 1,

including the information provided under paragraph 4, shall be transmitted by the

Technical Secretariat to States Parties upon request.

B. VERIFICATION

General

9. Subject to the provisions of Section C, verification as provided for in Article VI,

paragraph 6, shall be carried out through on-site inspection at:

(a) Plant sites listed pursuant to paragraph 1 (a); and

(b) Plant sites listed pursuant to paragraph 1 (b) that comprise one or more

PSF-plants which produced during the previous calendar year more than

200 tonnes of a PSF-chemical.

10. The programme and budget of the Organization to be adopted by the Conference

pursuant to Article VIII, paragraph 21 (a), shall contain, as a separate item, a

programme and budget for verification under this Section after its implementation has

started.

11. Under this Section, the Technical Secretariat shall randomly select plant sites for

inspection through appropriate mechanisms, such as the use of specially designed

computer software, on the basis of the following weighting factors:

(a) Equitable geographical distribution of inspections;

(b) The information on the listed plant sites available to the Technical Secretariat,

related to the characteristics of the plant site and the activities carried out

there; and

141 Part IX – Other Chemical Production Facilities

paragraph 25.

12. No plant site shall receive more than two inspections per year under the provisions of

this Section. This, however, shall not limit inspections pursuant to Article IX.

13. In selecting plant sites for inspection under this Section, the Technical Secretariat

shall observe the following limitation for the combined number of inspections to be

received by a State Party per calendar year under this Part and Part VIII of this

Annex: the combined number of inspections shall not exceed three plus 5 per cent of

the total number of plant sites declared by a State Party under both this Part and Part

VIII of this Annex, or 20 inspections, whichever of these two figures is lower.

Inspection aims

14. At plant sites listed under Section A, the general aim of inspections shall be to verify

that activities are consistent with the information to be provided in declarations. The

particular aim of inspections shall be the verification of the absence of any Schedule 1

chemical, especially its production, except if in accordance with Part VI of this

Annex.

Inspection procedures

15. In addition to agreed guidelines, other relevant provisions of this Annex and the

Confidentiality Annex, paragraphs 16 to 20 below shall apply.

16. There shall be no facility agreement, unless requested by the inspected State Party.

17. The focus of inspection at a plant site selected for inspection shall be the plant(s)

producing the chemicals specified in paragraph 1, in particular the PSF-plants listed

pursuant to paragraph 1 (b). The inspected State Party shall have the right to manage

access to these plants in accordance with the rules of managed access as specified in

Part X, Section C, of this Annex. If the inspection team, in accordance with Part II,

paragraph 51, of this Annex, requests access to other parts of the plant site for

clarification of ambiguities, the extent of such access shall be agreed between the

inspection team and the inspected State Party.

18. The inspection team may have access to records in situations in which the inspection

team and the inspected State Party agree that such access will assist in achieving the

objectives of the inspection.

19. Sampling and on-site analysis may be undertaken to check for the absence of

undeclared scheduled chemicals. In cases of unresolved ambiguities, samples may be

analysed in a designated off-site laboratory, subject to the inspected State Party’s

agreement.

20. The period of inspection shall not last more than 24 hours; however, extensions may

be agreed between the inspection team and the inspected State Party.

Part IX – Other Chemical Production Facilities 142

Notification of inspection

21. A State Party shall be notified by the Technical Secretariat of the inspection not less

than 120 hours before the arrival of the inspection team at the plant site to be

inspected.

C. IMPLEMENTATION AND REVIEW OF SECTION B

Implementation

22. The implementation of Section B shall start at the beginning of the fourth year after

entry into force of this Convention unless the Conference, at its regular session in the

third year after entry into force of this Convention, decides otherwise.

23. The Director-General shall, for the regular session of the Conference in the third year

after entry into force of this Convention, prepare a report which outlines the

experience of the Technical Secretariat in implementing the provisions of Parts VII

and VIII of this Annex as well as of Section A of this Part.

24. At its regular session in the third year after entry into force of this Convention, the

Conference, on the basis of a report of the Director-General, may also decide on the

distribution of resources available for verification under Section B between

“PSF-plants” and other chemical production facilities. Otherwise, this distribution

shall be left to the expertise of the Technical Secretariat and be added to the

weighting factors in paragraph 11.

25. At its regular session in the third year after entry into force of this Convention, the

Conference, upon advice of the Executive Council, shall decide on which basis (e.g.

regional) proposals by States Parties for inspections should be presented to be taken

into account as a weighting factor in the selection process specified in paragraph 11.

Review

26. At the first special session of the Conference convened pursuant to Article VIII,

paragraph 22, the provisions of this Part of the Verification Annex shall be

re-examined in the light of a comprehensive review of the overall verification regime

for the chemical industry (Article VI, Parts VII to IX of this Annex) on the basis of

the experience gained. The Conference shall then make recommendations so as to

improve the effectiveness of the verification regime.

143 Part X – Challenge Inspections

PART X

CHALLENGE INSPECTIONS PURSUANT TO ARTICLE IX

A. DESIGNATION AND SELECTION OF INSPECTORS AND INSPECTION

ASSISTANTS

1. Challenge inspections pursuant to Article IX shall only be performed by inspectors

and inspection assistants especially designated for this function. In order to designate

inspectors and inspection assistants for challenge inspections pursuant to Article IX,

the Director-General shall, by selecting inspectors and inspection assistants from

among the inspectors and inspection assistants for routine inspection activities,

establish a list of proposed inspectors and inspection assistants. It shall comprise a

sufficiently large number of inspectors and inspection assistants having the necessary

qualification, experience, skill and training, to allow for flexibility in the selection of

the inspectors, taking into account their availability, and the need for rotation. Due

regard shall be paid also to the importance of selecting inspectors and inspection

assistants on as wide a geographical basis as possible. The designation of inspectors

and inspection assistants shall follow the procedures provided for under Part II,

Section A, of this Annex.

2. The Director-General shall determine the size of the inspection team and select its

members taking into account the circumstances of a particular request. The size of

the inspection team shall be kept to a minimum necessary for the proper fulfilment of

the inspection mandate. No national of the requesting State Party or the inspected

State Party shall be a member of the inspection team.

B. PRE-INSPECTION ACTIVITIES

3. Before submitting the inspection request for a challenge inspection, the State Party

may seek confirmation from the Director-General that the Technical Secretariat is in a

position to take immediate action on the request. If the Director-General cannot

provide such confirmation immediately, he shall do so at the earliest opportunity, in

keeping with the order of requests for confirmation. He shall also keep the State

Party informed of when it is likely that immediate action can be taken. Should the

Director-General reach the conclusion that timely action on requests can no longer be

taken, he may ask the Executive Council to take appropriate action to improve the

situation in the future.

Notification

4. The inspection request for a challenge inspection to be submitted to the Executive

Council and the Director-General shall contain at least the following information:

(a) The State Party to be inspected and, if applicable, the Host State;

(b) The point of entry to be used;

Part X – Challenge Inspections 144

(d) The concern regarding possible non-compliance with this Convention

including a specification of the relevant provisions of this Convention about

which the concern has arisen, and of the nature and circumstances of the

possible non-compliance as well as all appropriate information on the basis of

which the concern has arisen; and

(e) The name of the observer of the requesting State Party.

The requesting State Party may submit any additional information it deems necessary.

5. The Director-General shall within one hour acknowledge to the requesting State Party

receipt of its request.

6. The requesting State Party shall notify the Director-General of the location of the

inspection site in due time for the Director-General to be able to provide this

information to the inspected State Party not less than 12 hours before the planned

arrival of the inspection team at the point of entry.

7. The inspection site shall be designated by the requesting State Party as specifically as

possible by providing a site diagram related to a reference point with geographic

coordinates, specified to the nearest second if possible. If possible, the requesting

State Party shall also provide a map with a general indication of the inspection site

and a diagram specifying as precisely as possible the requested perimeter of the site to

be inspected.

8. The requested perimeter shall:

(a) Run at least a 10 metre distance outside any buildings or other structures;

(b) Not cut through existing security enclosures; and

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.

145 Part X – Challenge Inspections

Entry into the territory of the inspected State Party or the Host State

13. The Director-General shall, in accordance with Article IX, paragraphs 13 to 18,

dispatch an inspection team as soon as possible after an inspection request has been

received. The inspection team shall arrive at the point of entry specified in the

request in the minimum time possible, consistent with the provisions of paragraphs 10

and 11.

14. If the requested perimeter is acceptable to the inspected State Party, it shall be

designated as the final perimeter as early as possible, but in no case later than 24

hours after the arrival of the inspection team at the point of entry. The inspected State

Party shall transport the inspection team to the final perimeter of the inspection site.

If the inspected State Party deems it necessary, such transportation may begin up to

12 hours before the expiry of the time period specified in this paragraph for the

designation of the final perimeter. Transportation shall, in any case, be completed not

later than 36 hours after the arrival of the inspection team at the point of entry.

15. For all declared facilities, the procedures in subparagraphs (a) and (b) shall apply.

(For the purposes of this Part, “declared facility” means all facilities declared pursuant

to Articles III, IV, and V. With regard to Article VI, “declared facility” means only

facilities declared pursuant to Part VI of this Annex, as well as declared plants

specified by declarations pursuant to Part VII, paragraphs 7 and 10 (c), and Part VIII,

paragraphs 7 and 10 (c), of this Annex.)

(a) If the requested perimeter is contained within or conforms with the declared

perimeter, the declared perimeter shall be considered the final perimeter. The

final perimeter may, however, if agreed by the inspected State Party, be made

smaller in order to conform with the perimeter requested by the requesting

State Party.

(b) The inspected State Party shall transport the inspection team to the final

perimeter as soon as practicable, but in any case shall ensure their arrival at

the perimeter not later than 24 hours after the arrival of the inspection team at

the point of entry.

Alternative determination of final perimeter

16. At the point of entry, if the inspected State Party cannot accept the requested

perimeter, it shall propose an alternative perimeter as soon as possible, but in any case

not later than 24 hours after the arrival of the inspection team at the point of entry. In

case of differences of opinion, the inspected State Party and the inspection team shall

engage in negotiations with the aim of reaching agreement on a final perimeter.

17. The alternative perimeter should be designated as specifically as possible in

accordance with paragraph 8. It shall include the whole of the requested perimeter

and should, as a rule, bear a close relationship to the latter, taking into account natural

terrain features and man-made boundaries. It should normally run close to the

surrounding security barrier if such a barrier exists. The inspected State Party should

Part X – Challenge Inspections 146

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;

perimeter.

18. If the alternative perimeter is acceptable to the inspection team, it shall become the

final perimeter and the inspection team shall be transported from the point of entry to

that perimeter. If the inspected State Party deems it necessary, such transportation

may begin up to 12 hours before the expiry of the time period specified in

paragraph 16 for proposing an alternative perimeter. Transportation shall, in any

case, be completed not later than 36 hours after the arrival of the inspection team at

the point of entry.

19. If a final perimeter is not agreed, the perimeter negotiations shall be concluded as

early as possible, but in no case shall they continue more than 24 hours after the

arrival of the inspection team at the point of entry. If no agreement is reached, the

inspected State Party shall transport the inspection team to a location at the alternative

perimeter. If the inspected State Party deems it necessary, such transportation may

begin up to 12 hours before the expiry of the time period specified in paragraph 16 for

proposing an alternative perimeter. Transportation shall, in any case, be completed

not later than 36 hours after the arrival of the inspection team at the point of entry.

20. Once at the location, the inspected State Party shall provide the inspection team with

prompt access to the alternative perimeter to facilitate negotiations and agreement on

the final perimeter and access within the final perimeter.

21. If no agreement is reached within 72 hours after the arrival of the inspection team at

the location, the alternative perimeter shall be designated the final perimeter.

Verification of location

22. To help establish that the inspection site to which the inspection team has been

transported corresponds to the inspection site specified by the requesting State Party,

the inspection team shall have the right to use approved location-finding equipment

and have such equipment installed according to its directions. The inspection team

may verify its location by reference to local landmarks identified from maps. The

inspected State Party shall assist the inspection team in this task.

Securing the site, exit monitoring

23. Not later than 12 hours after the arrival of the inspection team at the point of entry,

the inspected State Party shall begin collecting factual information of all vehicular

147 Part X – Challenge Inspections

exit activity from all exit points for all land, air, and water vehicles of the requested

perimeter. It shall provide this information to the inspection team upon its arrival at

the alternative or final perimeter, whichever occurs first.

24. This obligation may be met by collecting factual information in the form of traffic

logs, photographs, video recordings, or data from chemical evidence equipment

provided by the inspection team to monitor such exit activity. Alternatively, the

inspected State Party may also meet this obligation by allowing one or more members

of the inspection team independently to maintain traffic logs, take photographs, make

video recordings of exit traffic, or use chemical evidence equipment, and conduct

other activities as may be agreed between the inspected State Party and the inspection

team.

25. Upon the inspection team’s arrival at the alternative perimeter or final perimeter,

whichever occurs first, securing the site, which means exit monitoring procedures by

the inspection team, shall begin.

26. Such procedures shall include: the identification of vehicular exits, the making of

traffic logs, the taking of photographs, and the making of video recordings by the

inspection team of exits and exit traffic. The inspection team has the right to go,

under escort, to any other part of the perimeter to check that there is no other exit

activity.

27. Additional procedures for exit monitoring activities as agreed upon by the inspection

team and the inspected State Party may include, inter alia:

(a) Use of sensors;

(b) Random selective access;

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.

Part X – Challenge Inspections 148

Pre-inspection briefing and inspection plan

32. To facilitate development of an inspection plan, the inspected State Party shall

provide a safety and logistical briefing to the inspection team prior to access.

33. The pre-inspection briefing shall be held in accordance with Part II, paragraph 37, of

this Annex. In the course of the pre-inspection briefing, the inspected State Party may

indicate to the inspection team the equipment, documentation, or areas it considers

sensitive and not related to the purpose of the challenge inspection. In addition,

personnel responsible for the site shall brief the inspection team on the physical

layout and other relevant characteristics of the site. The inspection team shall be

provided with a map or sketch drawn to scale showing all structures and significant

geographic features at the site. The inspection team shall also be briefed on the

availability of facility personnel and records.

34. After the pre-inspection briefing, the inspection team shall prepare, on the basis of the

information available and appropriate to it, an initial inspection plan which specifies

the activities to be carried out by the inspection team, including the specific areas of

the site to which access is desired. The inspection plan shall also specify whether the

inspection team will be divided into subgroups. The inspection plan shall be made

available to the representatives of the inspected State Party and the inspection site. Its

implementation shall be consistent with the provisions of Section C, including those

related to access and activities.

Perimeter activities

35. Upon the inspection team’s arrival at the final or alternative perimeter, whichever

occurs first, the team shall have the right to commence immediately perimeter

activities in accordance with the procedures set forth under this Section, and to

continue these activities until the completion of the challenge inspection.

36. In conducting the perimeter activities, the inspection team shall have the right to:

(a) Use monitoring instruments in accordance with Part II, paragraphs 27 to 30, of

this Annex;

(b) Take wipes, air, soil or effluent samples; and

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.

149 Part X – Challenge Inspections

C. CONDUCT OF INSPECTIONS

General rules

38. The inspected State Party shall provide access within the requested perimeter as well

as, if different, the final perimeter. The extent and nature of access to a particular

place or places within these perimeters shall be negotiated between the inspection

team and the inspected State Party on a managed access basis.

39. The inspected State Party shall provide access within the requested perimeter as soon

as possible, but in any case not later than 108 hours after the arrival of the inspection

team at the point of entry in order to clarify the concern regarding possible

non-compliance with this Convention raised in the inspection request.

40. Upon the request of the inspection team, the inspected State Party may provide aerial

access to the inspection site.

41. In meeting the requirement to provide access as specified in paragraph 38, the

inspected State Party shall be under the obligation to allow the greatest degree of

access taking into account any constitutional obligations it may have with regard to

proprietary rights or searches and seizures. The inspected State Party has the right

under managed access to take such measures as are necessary to protect national

security. The provisions in this paragraph may not be invoked by the inspected State

Party to conceal evasion of its obligations not to engage in activities prohibited under

this Convention.

42. If the inspected State Party provides less than full access to places, activities, or

information, it shall be under the obligation to make every reasonable effort to

provide alternative means to clarify the possible non-compliance concern that

generated the challenge inspection.

43. Upon arrival at the final perimeter of facilities declared pursuant to Articles IV, V and

VI, access shall be granted following the pre-inspection briefing and discussion of the

inspection plan which shall be limited to the minimum necessary and in any event

shall not exceed three hours. For facilities declared pursuant to Article III,

paragraph 1 (d), negotiations shall be conducted and managed access commenced not

later than 12 hours after arrival at the final perimeter.

44. In carrying out the challenge inspection in accordance with the inspection request, the

inspection team shall use only those methods necessary to provide sufficient relevant

facts to clarify the concern about possible non-compliance with the provisions of this

Convention, and shall refrain from activities not relevant thereto. It shall collect and

document such facts as are related to the possible non-compliance with this

Convention by the inspected State Party, but shall neither seek nor document

information which is clearly not related thereto, unless the inspected State Party

expressly requests it to do so. Any material collected and subsequently found not to

be relevant shall not be retained.

Part X – Challenge Inspections 150

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;

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

151 Part X – Challenge Inspections

inspection team has not had full access, or which has been protected in accordance

with paragraph 48, is not used for purposes related to the possible non-compliance

concerns raised in the inspection request.

50. This may be accomplished by means of, inter alia, the partial removal of a shroud or

environmental protection cover, at the discretion of the inspected State Party, by

means of a visual inspection of the interior of an enclosed space from its entrance, or

by other methods.

51. In the case of facilities declared pursuant to Articles IV, V and VI, the following shall

apply:

(a) For facilities with facility agreements, access and activities within the final

perimeter shall be unimpeded within the boundaries established by the

agreements;

(b) For facilities without facility agreements, negotiation of access and activities

shall be governed by the applicable general inspection guidelines established

under this Convention;

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

Part X – Challenge Inspections 152

team shall keep the observer informed about the conduct of the inspection and the

findings.

56. Throughout the in-country period, the inspected State Party shall provide or arrange

for the amenities necessary for the observer such as communication means,

interpretation services, transportation, working space, lodging, meals and medical

care. All the costs in connection with the stay of the observer on the territory of the

inspected State Party or the Host State shall be borne by the requesting State Party.

Duration of inspection

57. The period of inspection shall not exceed 84 hours, unless extended by agreement

with the inspected State Party.

D. POST-INSPECTION ACTIVITIES

Departure

58. Upon completion of the post-inspection procedures at the inspection site, the

inspection team and the observer of the requesting State Party shall proceed promptly

to a point of entry and shall then leave the territory of the inspected State Party in the

minimum time possible.

Reports

59. The inspection report shall summarize in a general way the activities conducted by

the inspection team and the factual findings of the inspection team, particularly with

regard to the concerns regarding possible non-compliance with this Convention cited

in the request for the challenge inspection, and shall be limited to information directly

related to this Convention. It shall also include an assessment by the inspection team

of the degree and nature of access and cooperation granted to the inspectors and the

extent to which this enabled them to fulfil the inspection mandate. Detailed

information relating to the concerns regarding possible non-compliance with this

Convention cited in the request for the challenge inspection shall be submitted as an

Appendix to the final report and be retained within the Technical Secretariat under

appropriate safeguards to protect sensitive information.

60. The inspection team shall, not later than 72 hours after its return to its primary work

location, submit a preliminary inspection report, having taken into account, inter alia,

paragraph 17 of the Confidentiality Annex, to the Director-General. The

Director-General shall promptly transmit the preliminary inspection report to the

requesting State Party, the inspected State Party and to the Executive Council.

61. A draft final inspection report shall be made available to the inspected State Party not

later than 20 days after the completion of the challenge inspection. The inspected

State Party has the right to identify any information and data not related to chemical

weapons which should, in its view, due to its confidential character, not be circulated

outside the Technical Secretariat. The Technical Secretariat shall consider proposals

for changes to the draft final inspection report made by the inspected State Party and,

153 Part X – Challenge Inspections

using its own discretion, wherever possible, adopt them. The final report shall then

be submitted not later than 30 days after the completion of the challenge inspection to

the Director-General for further distribution and consideration in accordance with

Article IX, paragraphs 21 to 25.

Part XI – Alleged Use of Chemical Weapons 154

PART XI

INVESTIGATIONS IN CASES OF ALLEGED USE OF CHEMICAL WEAPONS

A. GENERAL

1. Investigations of alleged use of chemical weapons, or of alleged use of riot control

agents as a method of warfare, initiated pursuant to Articles IX or X, shall be

conducted in accordance with this Annex and detailed procedures to be established by

the Director-General.

2. The following additional provisions address specific procedures required in cases of

alleged use of chemical weapons.

B. PRE-INSPECTION ACTIVITIES

Request for an investigation

3. The request for an investigation of an alleged use of chemical weapons to be

submitted to the Director-General, to the extent possible, should include the following

information:

(a) The State Party on whose territory use of chemical weapons is alleged to have

taken place;

(b) The point of entry or other suggested safe routes of access;

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.

155 Part XI – Alleged Use of Chemical Weapons

6. If applicable, the Director-General shall notify the State Party on whose territory an

investigation has been requested. The Director-General shall also notify other States

Parties if access to their territories might be required during the investigation.

Assignment of inspection team

7. The Director-General shall prepare a list of qualified experts whose particular field of

expertise could be required in an investigation of alleged use of chemical weapons

and constantly keep this list updated. This list shall be communicated, in writing, to

each State Party not later than 30 days after entry into force of this Convention and

after each change to the list. Any qualified expert included in this list shall be

regarded as designated unless a State Party, not later than 30 days after its receipt of

the list, declares its non-acceptance in writing.

8. The Director-General shall select the leader and members of an inspection team from

the inspectors and inspection assistants already designated for challenge inspections

taking into account the circumstances and specific nature of a particular request. In

addition, members of the inspection team may be selected from the list of qualified

experts when, in the view of the Director-General, expertise not available among

inspectors already designated is required for the proper conduct of a particular

investigation.

9. When briefing the inspection team, the Director-General shall include any additional

information provided by the requesting State Party, or any other sources, to ensure

that the inspection can be carried out in the most effective and expedient manner.

Dispatch of inspection team

10. Immediately upon the receipt of a request for an investigation of alleged use of

chemical weapons the Director-General shall, through contacts with the relevant

States Parties, request and confirm arrangements for the safe reception of the team.

11. The Director-General shall dispatch the team at the earliest opportunity, taking into

account the safety of the team.

12. If the inspection team has not been dispatched within 24 hours from the receipt of the

request, the Director-General shall inform the Executive Council and the States

Parties concerned about the reasons for the delay.

Briefings

13. The inspection team shall have the right to be briefed by representatives of the

inspected State Party upon arrival and at any time during the inspection.

14. Before the commencement of the inspection the inspection team shall prepare an

inspection plan to serve, inter alia, as a basis for logistic and safety arrangements.

The inspection plan shall be updated as need arises.

Part XI – Alleged Use of Chemical Weapons 156

C. CONDUCT OF INSPECTIONS

Access

15. The inspection team shall have the right of access to any and all areas which could be

affected by the alleged use of chemical weapons. It shall also have the right of access

to hospitals, refugee camps and other locations it deems relevant to the effective

investigation of the alleged use of chemical weapons. For such access, the inspection

team shall consult with the inspected State Party.

Sampling

16. The inspection team shall have the right to collect samples of types, and in quantities

it considers necessary. If the inspection team deems it necessary, and if so requested

by it, the inspected State Party shall assist in the collection of samples under the

supervision of inspectors or inspection assistants. The inspected State Party shall also

permit and cooperate in the collection of appropriate control samples from areas

neighbouring the site of the alleged use and from other areas as requested by the

inspection team.

17. Samples of importance in the investigation of alleged use include toxic chemicals,

munitions and devices, remnants of munitions and devices, environmental samples

(air, soil, vegetation, water, snow, etc.) and biomedical samples from human or

animal sources (blood, urine, excreta, tissue etc.).

18. If duplicate samples cannot be taken and the analysis is performed at off-site

laboratories, any remaining sample shall, if so requested, be returned to the inspected

State Party after the completion of the analysis.

Extension of inspection site

19. If the inspection team during an inspection deems it necessary to extend the

investigation into a neighbouring State Party, the Director-General shall notify that

State Party about the need for access to its territory and request and confirm

arrangements for the safe reception of the team.

Extension of inspection duration

20. If the inspection team deems that safe access to a specific area relevant to the

investigation is not possible, the requesting State Party shall be informed

immediately. If necessary, the period of inspection shall be extended until safe access

can be provided and the inspection team will have concluded its mission.

Interviews

21. The inspection team shall have the right to interview and examine persons who may

have been affected by the alleged use of chemical weapons. It shall also have the

right to interview eyewitnesses of the alleged use of chemical weapons and medical

personnel, and other persons who have treated or have come into contact with persons

157 Part XI – Alleged Use of Chemical Weapons

who may have been affected by the alleged use of chemical weapons. The inspection

team shall have access to medical histories, if available, and be permitted to

participate in autopsies, as appropriate, of persons who may have been affected by the

alleged use of chemical weapons.

D. REPORTS

Procedures

22. The inspection team shall, not later than 24 hours after its arrival on the territory of

the inspected State Party, send a situation report to the Director-General. It shall

further throughout the investigation send progress reports as necessary.

23. The inspection team shall, not later than 72 hours after its return to its primary work

location, submit a preliminary report to the Director-General. The final report shall

be submitted to the Director-General not later than 30 days after its return to its

primary work location. The Director-General shall promptly transmit the preliminary

and final reports to the Executive Council and to all States Parties.

Contents

24. The situation report shall indicate any urgent need for assistance and any other

relevant information. The progress reports shall indicate any further need for

assistance that might be identified during the course of the investigation.

25. The final report shall summarize the factual findings of the inspection, particularly

with regard to the alleged use cited in the request. In addition, a report of an

investigation of an alleged use shall include a description of the investigation process,

tracing its various stages, with special reference to:

(a) The locations and time of sampling and on-site analyses; and

(b) Supporting evidence, such as the records of interviews, the results of medical

examinations and scientific analyses, and the documents examined by the

inspection team.

26. If the inspection team collects through, inter alia, identification of any impurities or

other substances during laboratory analysis of samples taken, any information in the

course of its investigation that might serve to identify the origin of any chemical

weapons used, that information shall be included in the report.

E. STATES NOT PARTY TO THIS CONVENTION

27. In the case of alleged use of chemical weapons involving a State not Party to this

Convention or in territory not controlled by a State Party, the Organization shall

closely cooperate with the Secretary-General of the United Nations. If so requested,

the Organization shall put its resources at the disposal of the Secretary-General of the

United Nations.

158

159 Confidentiality Annex

ANNEX ON THE PROTECTION OF CONFIDENTIAL INFORMATION

(“CONFIDENTIALITY ANNEX”)

CONTENTS

A. GENERAL PRINCIPLES FOR THE HANDLING OF CONFIDENTIAL

INFORMATION………………………………………………………………………………………….. 161

B. EMPLOYMENT AND CONDUCT OF PERSONNEL IN THE TECHNICAL

SECRETARIAT ………………………………………………………………………………………….. 163

C. MEASURES TO PROTECT SENSITIVE INSTALLATIONS AND PREVENT

DISCLOSURE OF CONFIDENTIAL DATA IN THE COURSE OF ON-SITE

VERIFICATION ACTIVITIES……………………………………………………………………… 164

D. PROCEDURES IN CASE OF BREACHES OR ALLEGED BREACHES OF

CONFIDENTIALITY…………………………………………………………………………………… 165

160

161 Confidentiality Annex

A. GENERAL PRINCIPLES FOR THE HANDLING OF CONFIDENTIAL

INFORMATION

1. The obligation to protect confidential information shall pertain to the verification of

both civil and military activities and facilities. Pursuant to the general obligations set

forth in Article VIII, the Organization shall:

(a) Require only the minimum amount of information and data necessary for the

timely and efficient carrying out of its responsibilities under this Convention;

(b) Take the necessary measures to ensure that inspectors and other staff members

of the Technical Secretariat meet the highest standards of efficiency,

competence, and integrity;

Convention and shall specify as precisely as possible the information to which

the Organization shall be given access by a State Party.

2. The Director-General shall have the primary responsibility for ensuring the protection

of confidential information. The Director-General shall establish a stringent regime

governing the handling of confidential information by the Technical Secretariat, and

in doing so, shall observe the following guidelines:

(a) Information shall be considered confidential if:

(i) It is so designated by the State Party from which the information was

obtained and to which the information refers; or

(ii) In the judgement of the Director-General, its unauthorized disclosure

could reasonably be expected to cause damage to the State Party to

which it refers or to the mechanisms for implementation of this

Convention;

(b) All data and documents obtained by the Technical Secretariat shall be

evaluated by the appropriate unit of the Technical Secretariat in order to

establish whether they contain confidential information. Data required by

States Parties to be assured of the continued compliance with this Convention

by other States Parties shall be routinely provided to them. Such data shall

encompass:

(i) The initial and annual reports and declarations provided by States

Parties under Articles III, IV, V and VI, in accordance with the

provisions set forth in the Verification Annex;

(ii) General reports on the results and effectiveness of verification

activities; and

Confidentiality Annex 162

(iii) Information to be supplied to all States Parties in accordance with the

provisions of this Convention;

implementation of this Convention shall be published or otherwise released,

except, as follows:

(i) General information on the implementation of this Convention may be

compiled and released publicly in accordance with the decisions of the

Conference or the Executive Council;

(ii) Any information may be released with the express consent of the State

Party to which the information refers;

(iii) Information classified as confidential shall be released by the

Organization only through procedures which ensure that the release of

information only occurs in strict conformity with the needs of this

Convention. Such procedures shall be considered and approved by the

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

(d) The level of sensitivity of confidential data or documents shall be established,

based on criteria to be applied uniformly in order to ensure their appropriate

handling and protection. For this purpose, a classification system shall be

introduced, which by taking account of relevant work undertaken in the

preparation of this Convention shall provide for clear criteria ensuring the

inclusion of information into appropriate categories of confidentiality and the

justified durability of the confidential nature of information. While providing

for the necessary flexibility in its implementation the classification system

shall protect the rights of States Parties providing confidential information. A

classification system shall be considered and approved by the Conference

pursuant to Article VIII, paragraph 21 (i);

(e) Confidential information shall be stored securely at the premises of the

Organization. Some data or documents may also be stored with the National

Authority of a State Party. Sensitive information, including, inter alia,

photographs, plans and other documents required only for the inspection of a

specific facility may be kept under lock and key at this facility;

(f) To the greatest extent consistent with the effective implementation of the

verification provisions of this Convention, information shall be handled and

stored by the Technical Secretariat in a form that precludes direct

identification of the facility to which it pertains;

(g) The amount of confidential information removed from a facility shall be kept

to the minimum necessary for the timely and effective implementation of the

verification provisions of this Convention; and

163 Confidentiality Annex

(h) Access to confidential information shall be regulated in accordance with its

classification. The dissemination of confidential information within the

Organization shall be strictly on a need-to-know basis.

3. The Director-General shall report annually to the Conference on the implementation

of the regime governing the handling of confidential information by the Technical

Secretariat.

4. Each State Party shall treat information which it receives from the Organization in

accordance with the level of confidentiality established for that information. Upon

request, a State Party shall provide details on the handling of information provided to

it by the Organization.

B. EMPLOYMENT AND CONDUCT OF PERSONNEL IN THE TECHNICAL

SECRETARIAT

5. Conditions of staff employment shall be such as to ensure that access to and handling

of confidential information shall be in conformity with the procedures established by

the Director-General in accordance with Section A.

6. Each position in the Technical Secretariat shall be governed by a formal position

description that specifies the scope of access to confidential information, if any,

needed in that position.

7. The Director-General, the inspectors and the other members of the staff shall not

disclose even after termination of their functions to any unauthorized persons any

confidential information coming to their knowledge in the performance of their

official duties. They shall not communicate to any State, organization or person

outside the Technical Secretariat any information to which they have access in

connection with their activities in relation to any State Party.

8. In the discharge of their functions inspectors shall only request the information and

data which are necessary to fulfil their mandate. They shall not make any records of

information collected incidentally and not related to verification of compliance with

this Convention.

9. The staff shall enter into individual secrecy agreements with the Technical Secretariat

covering their period of employment and a period of five years after it is terminated.

10. In order to avoid improper disclosures, inspectors and staff members shall be

appropriately advised and reminded about security considerations and of the possible

penalties that they would incur in the event of improper disclosure.

11. Not less than 30 days before an employee is given clearance for access to confidential

information that refers to activities on the territory or in any other place under the

jurisdiction or control of a State Party, the State Party concerned shall be notified of

the proposed clearance. For inspectors the notification of a proposed designation

shall fulfil this requirement.

Confidentiality Annex 164

12. In evaluating the performance of inspectors and any other employees of the Technical

Secretariat, specific attention shall be given to the employee’s record regarding

protection of confidential information.

C. MEASURES TO PROTECT SENSITIVE INSTALLATIONS AND PREVENT

DISCLOSURE OF CONFIDENTIAL DATA IN THE COURSE OF ON-SITE

VERIFICATION ACTIVITIES

13. States Parties may take such measures as they deem necessary to protect

confidentiality, provided that they fulfil their obligations to demonstrate compliance

in accordance with the relevant Articles and the Verification Annex. When receiving

an inspection, the State Party may indicate to the inspection team the equipment,

documentation or areas that it considers sensitive and not related to the purpose of the

inspection.

14. Inspection teams shall be guided by the principle of conducting on-site inspections in

the least intrusive manner possible consistent with the effective and timely

accomplishment of their mission. They shall take into consideration proposals which

may be made by the State Party receiving the inspection, at whatever stage of the

inspection, to ensure that sensitive equipment or information, not related to chemical

weapons, is protected.

15. Inspection teams shall strictly abide by the provisions set forth in the relevant Articles

and Annexes governing the conduct of inspections. They shall fully respect the

procedures designed to protect sensitive installations and to prevent the disclosure of

confidential data.

16. In the elaboration of arrangements and facility agreements, due regard shall be paid to

the requirement of protecting confidential information. Agreements on inspection

procedures for individual facilities shall also include specific and detailed

arrangements with regard to the determination of those areas of the facility to which

inspectors are granted access, the storage of confidential information on-site, the

scope of the inspection effort in agreed areas, the taking of samples and their analysis,

the access to records and the use of instruments and continuous monitoring

equipment.

17. The report to be prepared after each inspection shall only contain facts relevant to

compliance with this Convention. The report shall be handled in accordance with the

regulations established by the Organization governing the handling of confidential

information. If necessary, the information contained in the report shall be processed

into less sensitive forms before it is transmitted outside the Technical Secretariat and

the inspected State Party.

165 Confidentiality Annex

D. PROCEDURES IN CASE OF BREACHES OR ALLEGED BREACHES OF

CONFIDENTIALITY

18. The Director-General shall establish necessary procedures to be followed in case of

breaches or alleged breaches of confidentiality, taking into account recommendations

to be considered and approved by the Conference pursuant to Article VIII,

paragraph 21 (i).

19. The Director-General shall oversee the implementation of individual secrecy

agreements. The Director-General shall promptly initiate an investigation if, in his

judgement, there is sufficient indication that obligations concerning the protection of

confidential information have been violated. The Director-General shall also

promptly initiate an investigation if an allegation concerning a breach of

confidentiality is made by a State Party.

20. The Director-General shall impose appropriate punitive and disciplinary measures on

staff members who have violated their obligations to protect confidential information.

In cases of serious breaches, the immunity from jurisdiction may be waived by the

Director-General.

21. States Parties shall, to the extent possible, cooperate and support the Director-General

in investigating any breach or alleged breach of confidentiality and in taking

appropriate action in case a breach has been established.

22. The Organization shall not be held liable for any breach of confidentiality committed

by members of the Technical Secretariat.

23. For breaches involving both a State Party and the Organization, a “Commission for

the settlement of disputes related to confidentiality”, set up as a subsidiary organ of

the Conference, shall consider the case. This Commission shall be appointed by the

Conference. Rules governing its composition and operating procedures shall be

adopted by the Conference at its first session.