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Maltese Laws |
RATIFICATION OF CHEMICAL WEAPONS CONVENTION ACT
NOTE FROM THE LAW COMMISSIONER: This Act was formally revoked by article 5 of Act V of 2000, however because of sub-article (2) of the same article, it is being reproduced in whole.
To authorise the Government to ratify the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and an their Destruction, to provide for the implementation by Malta of its provisions and for Malta’s membership of the Organisation for the Prohibition of Chemical Weapons, and for matters connected therewith or ancillary thereto.
28th April, 1997
ACT V of 1997, as amended by Legal Notices 216 of 2000 and 425 of
2007.
Convention Act.
"Aircraft" has the same meaning which is given to it in the Civil
Aviation Act;
"Convention" means the Convention on the Prohibition of the Dev e l o p m e n t , Prod uct i o n , S t o c kp il in g an
d Use of Che m i cal Weapons and on their Destruction, signed on behalf of Malta on the
1 3 January, 1993 , in Paris, bein g a conv en tio n, a copy of the
English text of which is set out in the Schedule to this Act;
"Director" means the director of the National Authority for the purposes of this Act;
"Director General" means the Director General of the Technical
Secretariat;
"Minister" means the Minister responsible for Foreign Affairs and Environment;
"National Authority" means the body established by the Minister to act as the Maltese National Authority in accordance with
Article VII of the Convention;
"National Authority Inspector" means a person declared pursuant to article 5;
"OPCW Inspector" means a person designated pursuant to the
Convention as an inspector or inspection assistant;
"Org anisation" and "OPCW" means the Organisation for the P r oh ib it io n of Ch emical We ap on s est a b l
i s hed pu rsu a nt to t h e provisions of the Convention, and its constituent bodies;
"Ship" has the same meaning which is given to it in the Merchant
Shipping Act;
Title.
Interpretation. Cap. 232.
Cap. 234.
"Technical Secretariat" means the technical secretariat of the O P C W est a bli s hed pursuan t t o Ar ticles VII and VIII
of the Convention.
(2) Any other term or expression used in this Act and in the
Convention has in this Act the same meaning as in the Convention.
Government authorised to ratify the Convention. Cap. 304.
Convention, etc., to be part of this Act.
3. (1) In virtue of this Act, and in compliance with the provisions of the Ratification of Treaties Act, the Government of Malta is hereby authorised to ratify the Convention.
(2) The guidelines, schedules and annexes to the Convention shall be construed as being part of this Act in as far as listing of
chemicals and their verification is concerned.
Power of Minister. (3) The Minister may by notice make such provisions not inconsistent with the provisions of this Act, as are necessary for carrying into effect any of the provisions of the Convention.
(4) The Convention as reproduced in the Schedule to this Act shall form part and be enforceable as part of the laws of Malta.
Offences.
Amended by:
L.N. 425 of 2007.
(a) undertakes any activity which is prohibited to a state party under Articles IV and V of the Convention; or
(b) assists, finances or otherwise takes part in any activity which leads to the production, development, acquisition,
stockpiling, retaining, direct or indirect transferring of chemical weapons; or
(c) uses chemical weapons; or
(d) engages in military preparations to use chemical weapons; or
(e) assists, encourages or induces, in any way, anyone to engage in any activity prohibited to a state party under the Convention;
or
(f) uses transfers or receives any chemical product listed in the schedules to the Convention for purposes other than those specified
in Articles IV and V of the Convention or in a manner other than that specified in the Convention; or
(g) is responsible for a chemical production facility which produces any part or the whole of any type of chemical weapon or chemical
agent listed in the schedule to the Convention; or
(h) knowingly conceals any knowledge or information on any type of chemical weapons, including old chemical weapons, production facilities
or any activities related thereto from the competent authorities,
shall be guilty of an offence against this article, and shall be liable, on conviction, to a fine (multa) of not less than twenty-three thousand and two hundred and ninety-three euro and seventy-three cents (23,293.73) and not more
than two hundred and thirty-two
thousand and nine hundred and thirty-seven euro and thirty-four cents (232,937.34) or to imprisonment for a term of not less than
eighteen months and not more than fifteen years:
Provided that where the person so found guilty is the director, manager, secretary or other similar officer of an undertaking in the
economic interests of which the person found guilty was acting, the said person shall for the purposes of this article be deemed
to be vested with the legal representation of the same undertaking which accordingly shall be liable in solidum with the person found guilty for the payment of the said fine.
(2) The fine referred to in subarticle (1) shall be recoverable as a civil debt in favour of the Government by the Director.
(2) (a) Any person who has, in accordance with the Convention, been designated by the Technical Secretariat
to carry out, or assist in, inspections or visits as inspectors or inspection assistants, shall be an OPCW inspector for
the purposes of this Act.
(b) OPCW inspectors shall, for the purposes of this Act, enjoy such privileges and immunities as set out in sub part B of Part II
of the Annex on Implementation and Verification of the Convention to this Act.
(3) The National Authority shall -
(i) fulfil the obligations as stated in the Convention in regard to reporting to the Organisation, and in doing so it may request
any information from those sectors of the industry, business, or any activity concerned which in the opinion of the Authority
may possess such information or be engaged in activities covered by the Convention;
(ii) have the power to inspect any premises, after giving reasonable due notice and after giving the person in charge of the
premises sufficient time to explain and justify any action carried out therein, and to give such orders and directions in
order to enforce the implementation of the provisions of the Convention;
(iii) be responsible for the compiling of a national register containing information on all types of existing chemicals and
chemical production facilities, the nature of the activity carried therein as well as the ultimate destination of
the finished products;
(iv) inform and advise Government of any chemical weapons or production facility and formulate a
National Authority.
Forfeiture of certain substances.
plan for their destruction in accordance with the provisions of the Convention.
(4) (i) The Director may issue to relevant persons identity cards in a form to be approved by him.
(ii) For the purposes of this subarticle, "relevant persons" means the National Authority Inspector,
the Director, OPCW inspectors and any other class of persons which may be prescribed by regulation.
(2) Any Poli ce of fi cer m a y, without a warrant, seize any substance or article that is fo rfeited or that he has reasonab l e
grounds to believe to be forfeited under subarticle (1), and such substance or article shall be retained until the expiration of
sixty days after the seizure, or if a prosecution for an offence referred to in article 4 in relation to the substance is instituted
bef o re the expiration of that period, until the prosecution is terminated.
(3) A n y perso n wh o feel s agg r i e v e d by any seizur e made i n ac co rdan ce wit h s uba rtic le (2) may, wit h in t e n
day s after th e expiration of the sixty days therein referred to, make an action by applic ation against the Di recto r i n th e
Ci vi l Co ur t, Fi rst Hal l , challenging that seizure:
Provided that where in accordance with the same subarticle a prosecution is instituted, any question relative to the seizure shall
be determined by the Court before which the prosecution is made.
Analyst. 7. (1) The Minister may appoint an analyst for the purposes of this Act.
(2) A certificate of an analyst appointed under subarticle (1), stating that he has analysed or examined a substance and stating the result of his analysis or examination, shall be admissible evidence in a proceeding for an offence under this Act and shall be prima fa ci e evidence of the facts stated in the certificate and of the correctness of the results of the analysis or examination.
Tampering with instruments.
False or misleading statements, etc.
(a) interferes with any on-site instrument or approved equipment with the intention of affecting adversely the operation of
the on-site instrument or approved equipment; or
(b) refuses to give any information that may be lawfully requested from him under this Act or makes to any of the relevant persons
as specified in article 5(4) a statement, whether orally or written, or presents to the relevant persons a document or record
which is to the knowledge of that person false or misleading in a material particular; or
(c) obstructs or hinders a National Authority Inspector or relevant person in the performance of a duty or function in accordance
with the verification annex of the Convention or the exercise of a power under this Act or any regulations made thereunder; or
(d) produces to any unauthorised person any classified document given to any relevant person, or to the Government
of Malta or to the National Authority pursuant to the Convention, or given to the Maltese government or to relevant persons
with the stipulation that the document be treated as confidential; or
(e) divulges, makes a record or in any way communicates to any person any information given to any authority under the provisions
of the Convention and this Act,
shall be guilty of an offence against this article and shall be liable, on conviction, to the same penalties as provided in article
4 and the provisions of the proviso to subarticle (1) and of subarticle (2) of article 4 shall apply to offences against this article.
(2) For the purposes of this article, the term "relevant persons" means the persons mentioned in subarticle (4) of article
5.
Obstruction of inspectors.
Breach of confidentiality.
"chall enge insp ect i o n " has the same m e an ing as i n t h e
Convention;
"relevant power" means a power to:
(a) search a facility, premises, site, land or other location, ship, vessel, aircraft or vehicle;
(b) inspect, examine or take samples of a matter or thing; (c) examine and take copies or extracts from any relevant
document;
(d) measure any quantity of material;
(e) verify the proper functioning or calibration of any instrument;
(f) install or operate an on-site monitoring device; (g) interview personnel;
(h) do any other thing relevant or convenient to be done in order to achieve a relevant challenge inspection purpose.
(2) "Relevant challenge inspection purpose" shall be read as a reference to a purpose of ascertaining whether the purposes
of the Convention or this Act and its regulations are being complied with.
Challenge inspections.
Entry by OPCW
inspectors, etc.
aircraft or vehicle, and exercise any relevant power for a relevant challenge inspection purpose.
(2) Where an OPCW inspector or OPCW inspection team and accompanying National Authority Inspectors enter the ship, vessel, aircraft
or vehicle under subarticle (1 ), he or they may for that purpose and for the purpose of exercising any relevant power for a relevant
challenge inspection purpose, stop and detain the ship, vessel, aircraft or vehicle.
Warrants. 11. (1) Subject to the provisions of subarticle (3) where an information is laid before a magistrate alleging that access to any facility, premises, site, land or other location within the Maltese territ o ry, o r any Maltese ship , vessel, ai rcr a ft or vehicle, is necessary for the purpose of fulfilling Malta’s obligations under the Co nv en tio n by th e exercise o f a re le vant c h a llenge inspection purpose, the magistrate shall issue a warrant for the purpose of this article authorising relevant persons, named in the warrant, with such assistance as necessary, and if necessary by force, to enter upon or into and exercise the relevant powers in relation to the said facility, premises, site, land, other location, ship, vessel, aircraft or vehicle.
(2) A warrant issued under this article shall state -
(a) whether entry is authorised to be made at any time of the day or night; and
(b) a day not being later than one month after the day of issue of the warrant, upon which the warrant ceases to have effect.
(3) Where, by reason of circumstances of urgency, the Director or the Minister considers it necessary to do so, an application
for a warrant under subarticle (1) may be made by telephone.
Schedule 1
Chemicals.
(a) produces, acquires, retains or uses a Schedule 1 chemical outside Malta unless such production, acquisition,
retention or use takes place within the territory of another State Party to the Convention or is undertaken for the purposes
of lawfully transporting such chemicals to another State Party; or
(b) exports or attempts to export, a Schedule 1 chemical other than to another State Party for research, medical, pharmaceutical or
protective purposes; or
(c) owns or operates a facility which produces, acquires, retains or uses a Schedule 1 chemical, where the facility is not
a prescribed single small scale facility, or a prescribed other facility, or a laboratory synthesising Schedule
1 chemicals for research, medical or pharmaceutical purpose in aggregate quantities of less than 100 grams per
year,
shall be guilty of an offence against this article and shall be liable,
on conviction, to the same penalties as provided for in article 4 and the provisions of the proviso to article 4(1) and (2) shall
apply to an offence against this article.
Forfeiture upon conviction.
Authority for proceedings.
SCHEDULE
(article 2)
CONVENTION ON THE PROHIBITION OF THE DEVELOPMENT, PRODUCTION, STOCKPILING AND USE OF CHEMICAL WEAPONS
AND ON THEIR DESTRUCTION
(Corrected version in accordance with
Depositary Notification C.N.246.1993.TREATIES-5 and the corresponding
Procès-Verbal of Rectification of the Original of the Convention, issued on 8 August 1994)
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:
1. Each State Party to this Convention undertakes never under any circumstances:
(a) To develop, produce, otherwise acquire, stockpile or retain chemical weapons, or transfer, directly or indirectly, chemical
weapons to anyone;
(b) To use chemical weapons;
(c) To engage in any military preparations to use chemical weapons;
(d) To assist, encourage or induce, in any way, anyone to engage in any activity prohibited to a State Party under this Convention.
2. Each State Party undertakes to destroy chemical weapons it owns or possesses, or that are located in any place
under its jurisdiction or control, in accordance with the provisions of this Convention.
3. Each State Party undertakes to destroy all chemical weapons it abandoned on the territory of another State Party, in accordance
with the provisions of this Convention.
4. Each State Party undertakes to destroy any chemical weapons production facilities it owns or possesses, or that are located
in any place under its jurisdiction or control, in accordance with the provisions of this Convention.
5. Each State Party undertakes not to use riot control agents as a method of warfare.
For the purposes of this Convention:
1. "Chemical Weapons" means the following, together or separately:
(a) Toxic chemicals and their precursors, except where intended for purposes not prohibited under this Convention, as long
as the types and quantities are consistent with such purposes;
(b) Munitions and devices, specifically designed to cause death or other harm through the toxic properties of those toxic chemicals
specified in sub-paragraph (a), which would be released as a result of the employment of such munitions and devices;
(c) Any equipment specifically designed for use directly in connection with the employment of munitions and devices specified in
sub-paragraph (b).
2. "Toxic Chemical" means:
Any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans
or animals. This includes all such chemicals, rega rdless of their o r igin or of their meth od o f pro duction , an d regardless
of w h et her they are pro duced 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 applica tion of verifica tion measures
are listed in Schedules contained in the Annex on Chemicals.)
4. "Key Component of Binary or Multicomponent Chemical Systems" (hereinafter referred to as "key
component") means:
The precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with
other chemicals in the binary or multicomponent system.
5. "Old Chemical Weapons" means:
(a) Chemical weapons which were produced before 1925; or
(b) Chemical weapons produced in the period between 1925 and 1946 that have deteriorated to such extent that they can no longer be
used as chemical weapons.
6. "Abandoned Chemical Weapons" means:
Chemical weapons, including old chemical weapons, abandoned by a State after 1 January 1925 on the territory of another State without
the consent of the latter.
7. "Riot Control Agent" means:
Any chemical not listed in a Schedule, which can produce rapidly in humans sensory irritation or disabling physical effects which
disappear within a short time following termination of exposure.
8. "Chemical Weapons Production Facility":
(a) Means any equipment, as well as any building housing such equipment, that was designed, constructed or used at any time since
1 January 1946:
(i) As part of the stage in the production of chemicals ("final technological stage") where the material
flows would contain, when the equipment is in operation:
(1) Any chemical listed in Schedule 1 in the Annex on
Chemicals; or
(2) Any other chemical that has no use, above 1 tonne per year on the territory of a State Party or in any other place under the
jurisdiction or control of a State Party, for purposes not prohibited under this Convention, but can be used for chemical
weapons purposes;
or
(ii) For filling chemical weapons, including, inter alia, the filling of chemicals listed in Schedule 1 into munitions, devices or bulk storage containers; the filling of chemicals into
containers that form part of assembled binary munitions and devices or into chemical submunitions that form part of
assembled unitary munitions and devices, and the loading of the containers and chemical submunitions into the respective
munitions and devices;
(b) Does not mean:
(i) Any facility having a production capacity for synthesis of chemicals specified in sub-paragraph (a) (i) that is less than 1 tonne;
(ii) Any facility in which a chemical specified in sub-paragraph (a) (i) is or was produced as an unavoidable by-product of activities for purposes not prohibited under this Convention, provided that
the chemical does not exceed 3 per cent of the total product and that the facility is subject to declaration and inspection
under the Annex on Implementation and Verification (hereinafter referred to as "Verification Annex"); or
(iii) The single small-scale facility for production of chemicals listed in Schedule 1 for purposes not prohibited under this
Convention as referred to in Part VI of the Verification Annex.
9. "Purposes Not Prohibited Under this Convention" means:
(a) Industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes;
(b) Protective purposes, namely those purposes directly related to protection against toxic chemicals and to protection
against chemical weapons;
(c) Military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties
of chemicals as a method of warfare;
(d) Law enforcement including domestic riot control purposes.
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 nam eplate capacity is the product output under
conditions optimized for maximum quantity for the production facility, as demonstrated by one or more test-runs. The design capacity
is the corresponding theoretically calculated product output.
11. "Organization" means the Organization for the Prohibition of Chemical
Weapons established pursuant to Article VIII of this Convention.
12. For the purposes of Article VI:
(a) "Production" of a chemical means its formation through chemical reaction;
(b) "Processing" of a chemical means a physical process, such as formulation, extraction and purification,
in which a chemical is not converted into another chemical;
(c) "Consumption" of a chemical means its conversion into another chemical via a chemical reaction.
1. Each State Party shall submit to the Organization, not later than 30 days after this Convention enters into force for it,
the following declarations, in which it shall:
(a) With respect to chemical weapons:
(i) Declare whether it owns or possesses any chemical weapons, or whether there are any chemical weapons located in any
place under its jurisdiction or control;
(ii) Specify the precise location, aggregate quantity and detailed inventory of chemical weapons it owns or possesses, or
that are located in any place under its jurisdiction or control, in accordance with Part IV (A), paragraphs 1
to 3, of the Verification Annex, except for those chemical weapons referred to in sub-sub- paragraph (iii);
(iii) Report any chemical weapons on its territory that are owned and possessed by another State and located in any place under
the jurisdiction or control of another State, in accordance with Part IV (A), paragraph 4, of the Verification Annex;
(iv) Declare whether it has transferred or received, directly or indirectly, any chemical weapons since 1 January
1946 and specify the transfer or receipt of such weapons, in accordance with Part IV (A), paragraph 5, of the Verification
Annex;
(v) Provide its general plan for destruction of chemical weapons that it owns or possesses, or that are located in any place under
its jurisdiction or control, in accordance with Part IV (A), paragraph
6, of the Verification Annex;
(b) With respect to old chemical weapons and abandoned chemical weapons:
(i) Declare whether it has on its territory old chemical weapons and provide all available information in accordance with Part
IV (B), paragraph 3, of the Verification Annex;
(ii) Declare whether there are abandoned chemical weapons on its territory and provide all available information in accordance
with Part IV (B), paragraph 8, of the Verification Annex;
(iii) Declare whether it has abandoned chemical weapons on the territory of other States and provide all available information
in accordance with Part IV (B), paragraph 10, of the Verification Annex;
(c) With respect to chemical weapons production facilities:
(i) Declare whether it has or has had any chemical weapons production facility under its ownership or possession,
or that is or has been located in any place under its jurisdiction or control at any time since 1 January 1946;
(ii) Specify any chemical weapons production facility it has or has had under its ownership or possession or that is or
has been located in any place under its jurisdiction or control at any time since 1 January 1946, in accordance with Part V, paragraph
1, of the Verification Annex, except for those facilities referred to in
sub-sub-paragraph (iii);
(iii) Report any chemical weapons production facility on its territory that another State has or has had under its ownership
and possession and that is or has been located in any place under the jurisdiction or control of another State at any time since
1 January
1946, in accordance with Part V, paragraph 2, of the Verification
Annex;
(iv) Declare whether it has transferred or received, directly or indirectly, any equipment for the production of chemical
weapons since 1 January 1946 and specify the transfer or receipt of such equipment, in accordance with Part V, paragraphs 3 to
5, of the Verification Annex;
(v) Provide its general plan for destruction of any chemical weapons production facility it owns or possesses, or that is located
in any place under its jurisdiction or control, in accordance with Part V, paragraph 6, of the Verification Annex;
(vi) Specify actions to be taken for closure of any chemical weapons production facility it owns or possesses, or that is located
in any place under its jurisdiction or control, in accordance with Part V, paragraph 1 (i), of the Verification Annex;
(vii) Provide its general plan for any temporary conversion of any chemical weapons production facility it owns or possesses,
or that is located in any place under its jurisdiction or control, into a chemical weapons destruction facility, in accordance with
Part V, paragraph 7, of the Verification Annex;
(d) With respect to other facilities:
Specify the precise location, nature and general scope of activities of any facility or establishment under its ownership or
possession, or located in any place under its jurisdiction or control, and that has been designed, constructed or used since
1 January 1946 primarily for development of chemical weapons. Such declaration shall include, inter alia, laboratories and test and evaluation sites;
(e) With respect to riot control agents: Specify the chemical name, structural formula and Chemical Abstracts Service
(CAS) registry number, if assigned, of each chemical it holds for riot control purposes. This declaration shall be updated not
later than 30 days after any change becomes effective.
2. The provisions of this Article and the relevant provisions of Part IV of the Verification Annex shall not, at the discretion
of a State Party, apply to chemical weapons buried on its territory before 1 January 1977 and which remain buried, or which had
been dumped at sea before 1 January 1985.
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 subj ect to systematic ve
rification 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 weapon s, e x ce
pt to a c h emical 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 i n spect i on an d mo nitoring 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 seq u en ce of destruct ion (h erei nafter referred t o as "order of destruction"). Such destruction
shall begin not later than two years after this Convention enters into force for it and shall finish not later than 10 years after
entry into force of this Convention. A State Party is not precluded from destroying such chemical weapons at a faster rate.
7. Each State Party shall:
(a) Submit detailed plans for the destruction of chemical weapons specified in paragraph 1 not later than 60 days before each annual
destruction period begins, in accordance with Part IV (A), paragraph 29, of the Verification Annex; the detailed plans shall encompass
all stocks to be destroyed during the next annual destruction period;
(b) Submit declarations annually regarding the implementation of its plans for destruction of chemical weapons specified in paragraph
1, not later than 60 days after the end of each annual destruction period; and
(c) Certify, not later than 30 days after the destruction process has been completed, that all chemical weapons specified in
paragraph 1 have been destroyed.
8. If a State ratifies or accedes to this Convention after the 10-year period for destruction set forth in paragraph 6, it shall
destroy chemical weapons specified in paragraph 1 as soon as possible. The order of destruction and procedures for stringent verification
for such a S t ate 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 contr ol 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 i n formati on or assi st ance on
a b ilateral 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 u n n e cessary du pli c at io n of bil a teral or mul t i l ateral agreements on verification
of chemical weapons storage and their destruction among States Parties.
To this end, the Executive Council shall decide to limit verification to measures complementary to those undertaken pursuant
to such a bilateral or multilateral agreement, if it considers that:
(a) Verification provisions of such an agreement are consistent with the verification provisions of this Article and Part IV (A)
of the Verification Annex;
(b) Implementation of such an agreement provides for sufficient assurance of compliance with the relevant provisions of this Convention;
and
(c) Parties to the bilateral or multilateral agreement keep the Organization fully informed about their verification activities.
14. If the Executive Council takes a decision pursuant to paragraph 13, the Organization shall have the right to monitor
the implementation of the bilateral or multilateral agreement.
15. Nothing in paragraphs 13 and 14 shall affect the obligation of a State Party to provide declarations pursuant to Article III,
this Article and Part IV (A) of the Verification Annex.
16. Each State Party shall meet the costs of destruction of chemical weapons it is obliged to destroy. It shall also meet the costs
of verification of storage and destruction of these chemical weapons unless the Executive Council decides otherwise. If the Executive
Council decides to limit verification measu r es of the Or ganization pursuan t to paragrap h 13, the co sts o f 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.
1. The provisions of this Article and the detailed procedures for its impleme ntation shall apply to any
and all chem ical 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 wi th on - s it e in st ru m e n t s in ac cordance with Part V of th e Ve r i fi ca ti on 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 f a ci li ti es or mo dif y an y exist i n g
f acilities for the purpose of chemic al weapons pro duction 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 destructi on ( h ereinafter
referred to as "order of dest ruction"). Such destruction shall begin not later than one year after this Convention enters
into force for it, and shall finish not later than 10 years after entry into force of this Convention. A State Party is not precluded
from destroying such facilities at a faster rate.
9. Each State Party shall:
(a) Submit detailed plans for destruction of chemical weapons production facilities specified in paragraph 1, not later than 180
days before the destruction of each facility begins;
(b) Submit declarations annually regarding the implementation of its plans for the destruction of all chemical weapons production
facilities specified in paragraph 1, not later than 90 days after the end of each
annual destruction period; and
(c) Certify, not later than 30 days after the destruction process has been completed, that all chemical weapons production facilities
specified in paragraph 1 have been destroyed.
10. If a State ratifies or accedes to this Convention after the 10-year period for destruction set forth in paragraph 8, it shall
destroy chemical weapons production facilities specified in paragraph 1 as soon as possible. The order of destruction and procedures
for stringent verification for such a State Party shall be determined by the Executive Council.
11. Each State Party, during the destruction of chemical weapons production facilities, shall assign the highest priority to ensuring
the safety of people and to protecting the environment. Each State Party shall destroy chemical weapons production facilities in
accordance with its national standards for safety and emissions.
12. Chemical weapons production facilities specified in paragraph 1 may be temporarily converted for destruction of chemical
weapons in accordance w ith Part V, p a rag r ap hs 18 to 25 , of th e Ve r i fi cati on An nex. 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 ch emical weapo n s prod
uct i on facilit y specifi e d in paragraph 1 for purposes not prohibited under this Convention. Upon the recommendation of the Executive
Council, the Conference of the States Parties shall decide whether or not to approve the request and shall establish the conditions
upon which approval is contingent in accordance with Part V, Section D, of the Verification Annex.
14. The chemical weapons production facility shall be converted in such a manner that the converted facility is not more
capable of being reconverted into a chemical weapons production facility than any other facility used for industrial, agricultural,
research, medical, pharmaceutical or other peaceful purposes not involving chemicals listed in Schedule 1.
15. All converted facilities shall be subject to systematic verification through on-site inspection and monitoring with on-site
instruments in accordance with Part V, Section D, of the Verification Annex.
16. In carrying out verification activities pursuant to this Article and Part V of the Verification Annex, the Organization shall
consider measures to avoid un n ecessa ry du pl ic ati o n of bi la teral or mu l t i l a t eral agree m e n t s o n verification
of chemical weapons production facilities and their destruction among States Parties.
To this end, the Executive Council shall decide to limit the verification to measures complementary to those undertaken pursuant to
such a bilateral or multilateral agreement, if it considers that:
(a) Verification provisions of such an agreement are consistent with the verification provisions of this Article and Part V of the
Verification Annex;
(b) Implementation of the agreement provides for sufficient assurance of compliance with the relevant provisions of this Convention;
and
(c) Parties to the bilateral or multilateral agreement keep the Organization
fully informed about their verification activities.
17. If the Executive Council takes a decision pursuant to paragraph 16, the Organization shall have the right to monitor
the implementation of the bilateral or multilateral agreement.
18. Nothing in paragraphs 16 and 17 shall affect the obligation of a State Party to make declarations pursuant to Article III,
this Article and Part V of the Verification Annex.
19. Each State Party shall meet the costs of destruction of chemical weapons production facilities it is obliged to destroy. It
shall also meet the costs of verificatio n under this Art i cl e unl ess t h e Executi ve Council d e cides otherwise. If the Executive
Council decides to limit verification measures of the Organ izati on pu rsu ant to paragr aph 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.
1. Each State Party has the right, subject to the provisions of this Convention, to dev e lop , produce, o t herwise acq u ir
e, retain, transfer and u s e toxi c chemi c als and th ei r p r ecurso r s fo r p u rp oses n o t pr ohi bi ted und er t h is
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 Convent ion. To th is en d, an d in or der to verify t h at activi ties 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, faciliti es related to such chem icals, and other facilities as specified in the Ve rification
Annex, that are lo cated 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, acqu i si ti on, ret e nt io n, t r an sfer an d us e as spe c if ied in Par t VI of the Verificati
on Ann ex. It shall subj ect 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 i n strum e nts 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 Ve rification Annex to d a ta m onitoring and o n -site verificati on 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 Ve rification Annex to d a ta m onitoring and o n -site verificati on 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 Ve rification Annex unless decided ot herwise by the Conf erence
of t h e St ates Pa rtie s pursuant to Pa rt IX, paragraph 22, of the Verification Annex.
7. Not later than 30 days after this Convention enters into force for it, each St ate Party shall make an initial declaration
on relevant chemicals and facilities in accordance with the Verification Annex.
8. Each State Party shall make annual declarations regarding the relevant chemicals and facilities in accordance with
the Verification Annex.
9. For the purpose of on-site verification, each State Party shall grant to the inspectors access to facilities as required
in the Verification Annex.
10. In conducting verification activities, the Technical Secretariat shall avoid undue intrusion into the State Party’s chemical
activities for purposes not prohibited under this Convention and, in particular, abide by the provisions set fort h in th e An nex
on th e Pro t ect i o n o f Con f id enti al I n fo rmati o n (hereinafter referred to as "Confidentiality Annex").
11. The provisions of this Article shall be implemented in a manner which av oids ham pering the econom ic or technol
ogical dev el opment of States Parties, and international cooperation in the field of chemical activities for purposes not prohibited
under this Convention including the international exchange of sc ie ntific and tec h nica l informa t ion a n d chemic als and equipment
for the production, processing or use of chemicals for purposes not prohibited under this Convention.
General undertakings
1. Each State Party shall, in accordance with its constitutional processes, adopt the necessary measures to implement its obligations
under this Convention. In particular, it shall:
(a) Prohibit natural and legal persons anywhere on its territory or in any other place under its jurisdiction as recognized
by international law from undertaking any activity prohibited to a State Party under this Convention, including enacting penal
legislation with respect to such activity;
(b) Not permit in any place under its control any activity prohibited to a
State Party under this Convention; and
(c) Extend its penal legislation enacted under sub-paragraph (a) to any activity prohibited to a State Party under this Convention undertaken anywhere by natural persons, possessing its nationality,
in conformity with international law.
2. Each State Party shall cooperate with other States Parties and afford the appropriate form of legal assistance to facilitate
the implementation of the obligations under paragraph 1.
3. Each State Party, during the implementation of its obligations under this Convention, shall assign the highest priority to
ensuring the safety of people and to protecting the environment, and shall cooperate as appropriate with other States Parties in
this regard.
Relations between the State Party and the Organization
4. In order to fulfil its obligations under this Convention, each State Party shall designate or establish a National Authority
to serve as the national focal point for effective liaison with the Organization and other States Parties. Each State Party shall
notify the Organization of its National Authority at the time that this Convention enters into force for it.
5. Each State Party shall inform the Organization of the legislative and administrative measures taken to implement
this Convention.
6. Each State Party shall treat as confidential and afford special handling to information and data that it receives in confidence
from the Organization in connection with the implementation of this Convention.
It shall treat such information and data exclusively in connection with its rights and obligations under this Convention and in accordance
with the provisions set forth in the Confidentiality Annex.
7. Each State Party undertakes to cooperate with the Organization in the exercise of all its functions and in particular
to provide assistance to the Technical Secretariat.
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
infor m ation on civil and m ilitary activ ities 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 be tween the United Nations and this Organization, and subject
to the provisions of Articles IV and V. Financial co ntribut ions of St ates Parties to the Prep aratory Co mm issi on shall be
deducted in an appropriate way from th eir con t ri but ion s to th e r e gul ar budg et. Th e bud get o f t h e Or gani zation
shall comp rise t w o sep a rate 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 Or ganization 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.
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 represe n ta tive in the Conference, who ma y be accompanied by alternates
and advisers.
10. The first session of the Conference shall be convened by the depositary not later than 30 days after the entry into force of
this Convention.
11. The Conference shall meet in regular sessions which shall be held annually unless it decides otherwise.
12. Special sessions of the Conference shall be convened: (a) When decided by the Conference;
(b) When requested by the Executive Council;
(c) When requested by any member and supported by one third of the members; or
(d) In accordance with paragraph 22 to undertake reviews of the operation of this Convention.
Except in the case of sub-paragraph (d), the special session shall be convened not later than 30 days after receipt of the request by the Director- General of the
Te c hnical 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 t h e m e m b er s present and voting.
Decisions on m a tters of substance should be taken as far as possible by consensus. If consensus is not attainable when an issue
comes up for decision, the Chairman shall defer any vote for 24 hours and during this period of deferment shall make every ef fort
to facili tate achievement of consensus, and shall rep o rt to th e Conference before the end of this period. If consensus is not
possible at the end of 24 hou rs, th e Co nference sh al l t ake t he d ecision by a t wo-thi rd s majority of members present and
voting unless specified otherwise in this Convention. When the issu e arises as to whether the questio n is one of substance or
not, that question shall be treated as a m atter 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 cons ider any questions, matters or is sues wit
h in th e scop e of t h is Convention, including those relating to the powers and functions of the Executive Council and the
T echni cal Secretariat. It may make recommendations and take decisions on any questions, matters or issues related to this
Convention raised by a State Party or brought to its attention by the Executive Council.
20. The Conference shall oversee the implementation of this Convention, and act in order to promote its object and purpose. The
Conference shall review compliance with this Convention. It shall also oversee the activities of the Executive Council and the Technical
Secretariat and may issue guidelines in accordance with this Convention to either of them in the exercise of their functions.
21. The Conference shall:
(a) Consider and adopt at its regular sessions the report, programme and budget of the Organization, submitted by the Executive Council,
as well as consider other reports;
(b) Decide on the scale of financial contributions to be paid by States
Parties in accordance with paragraph 7;
(c) Elect the members of the Executive Council;
(d) Appoint the Director-General of the Technical Secretariat (hereinafter referred to as "the Director-General");
(e) Approve the rules of procedure of the Executive Council submitted by the latter;
(f) Establish such subsidiary organs as it finds necessary for the exercise of its functions in accordance with this Convention;
(g) Foster international cooperation for peaceful purposes in the field of chemical activities;
(h) Review scientific and technological developments that could affect the operation of this Convention and, in this context, direct
the Director- General to establish a Scientific Advisory Board to enable him, in the performance of his functions, to render specialized
advice in areas of science and technology relevant to this Convention, to the Conference, the Executive Council or States Parties.
The Scientific Advisory Board shall be composed of independent experts appointed in accordance with terms of reference adopted by
the Conference;
(i) Consider and approve at its first session any draft agreements, provisions and guidelines developed by the Preparatory
Commission;
(j) Establish at its first session the voluntary fund for assistance in accordance with Article X;
(k) Take the necessary measures to ensure compliance with this Convention and to redress and remedy any situation which contravenes
the provisions of this Convention, in accordance with Article XII.
22. The Conference shall not later than one year after the expiry of the fifth and the tenth year after the entry into force of
this Convention, and at such other times within that time period as may be decided upon, convene in special sessions to undertake
reviews of the operation of this Convention. Such reviews shall take into account any relevant scientific and technological developments.
At intervals of five years thereafter, unless otherwise decided upon, further sessions of the Conference shall be convened with the
same objective.
Composition, procedure and decision-making
23. The Executive Council shall consist of 41 members. Each State Party shall have the right, in accordance with the principle
of rotation, to serve on the Executive Council. The members of the Executive Council shall be elected by the Conference for a term
of two years. In order to ensure the effective functioning of this Convention, due regard being specially paid to equitable geographical
distribution, to the importance of chemical industry, as well as to political and security interests, the Executive Council shall
be composed as follows:
(a) Nine States Parties from Africa to be designated by States Parties located in this region. As a basis for this designation
it is understood that, out of these nine States Parties, three members shall, as a rule, be the States Parties with the most significant
national chemical industry in the region as determined by internationally reported and published data; in addition, the regional
group shall agree also to take into account other regional factors in designating these three members;
(b) Nine States Parties from Asia to be designated by States Parties located in this region. As a basis for this designation it is
understood that, out of these nine States Parties, four members shall, as a rule, be the States Parties with the most significant
national chemical industry in the region as determined by internationally reported and published data; in addition, the regional
group shall agree also to take into account other regional factors in designating these four members;
(c) Five States Parties from Eastern Europe to be designated by States Parties located in this region. As a basis
for this designation it is understood that, out of these five States Parties, one member shall, as a rule, be the State
Party with the most significant national chemical industry in the region as determined by internationally reported and
published data; in addition, the regional group shall agree also to take into account other regional factors in designating this
one member;
(d) Seven States Parties from Latin America and the Caribbean to be designated by States Parties located in this region.
As a basis for this designation it is understood that, out of these seven States Parties, three members shall, as a rule, be the
States Parties with the most significant national chemical industry in the region as determined by internationally
reported and published data; in addition, the regional group shall agree also to take into account other regional factors in designating
these three members;
(e) Ten States Parties from among Western European and other States to be designated by States Parties located in this region. As
a basis for this designation it is understood that, out of these 10 States Parties, 5 members shall, as a rule, be the
States Parties with the most significant national chemical industry in the region as determined by internationally
reported and published data; in addition, the regional group shall agree also to take into account other regional factors in designating
these five members;
(f) One further State Party to be designated consecutively by States Parties located in the regions of Asia and Latin America and
the Caribbean. As a basis for this designation it is understood that this State Party shall be a rotating member from these regions.
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 Ex ecutive Co uncil taking into account developments related to the principles
specified in paragraph 23 that are governing its composition.
26. The Executive Council shall elaborate its rules of procedure and submit them to the Conference for approval.
27. The Executive Council shall elect its Chairman from among its members.
28. The Executive Council shall meet for regular sessions. Between regular sessions it shall meet as often as may be required
for the fulfilment of its powers and functions.
29. Each member of the Executive Council shall have one vote. Unless otherwise specified in this Convention, the Executive
Council shall take decisions on matters of substance by a two- thirds majorit y of all its members . The Executive Council sha
ll take decisi ons o n q u estio ns o f 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 conform i t y w ith th e reco mm endat i on s, decisions and gu idel ines o f t
h e Conference and assure their proper and continuous implementation.
31. The Executive Council shall promote the effective implementation of, and compliance with, this Convention. It shall supervise
the activities of the Technical Secretariat, cooperate with the National Authority of each State Party and facilitate consultations
and cooperation among States Parties at their request.
32. The Executive Council shall:
(a) Consider and submit to the Conference the draft programme and budget of the Organization;
(b) Consider and submit to the Conference the draft report of the Organization on the implementation of this Convention,
the report on the performance of its own activities and such special reports as it deems necessary or which the Conference
may request;
(c) Make arrangements for the sessions of the Conference including the preparation of the draft agenda.
33. The Executive Council may request the convening of a special session of the
Conference.
34. The Executive Council shall:
(a) Conclude agreements or arrangements with States and international
the Conference;
(b) Conclude agreements with States Parties on behalf of the Organization in connection with Article X and supervise the voluntary
fund referred to in Article X;
(c) Approve agreements or arrangements relating to the implementation of verification activities, negotiated by the Technical
Secretariat with States Parties.
35. The Executive Council shall consider any issue or matter within its competence affecting this Convention and its
implementation, including concerns regardin g comp liance, an d cases of non -com pliance, and, as appropriate, inform St ates Parties
a nd bring the issue or matter to the attention of the Conference.
36. In its consideration of doubts or concerns regarding compliance and cases of non-compliance, including, inter alia, abuse of the rights provided for under this Convention, the Executive Council shall consult with the States Parties involved and,
as appropriate, request the State Party to take measures to redress the situation within a specified time. To the extent that the
Executive Council considers further action to be necessary, it shall take, inter alia, one or more of the following measures:
(a) Inform all States Parties of the issue or matter;
(b) Bring the issue or matter to the attention of the Conference;
(c) Make recommendations to the Conference regarding measures to redress the situation and to ensure compliance.
The Executive Council shall, in cases of particular gravity and urgency, bring the issue or matter, including relevant information
and conclusions, directly to the attention of the United Nations General Assembly and the United Nations Security Council. It shall
at the same time inform all States Parties of this step.
37. The Technical Secretariat shall assist the Conference and the Executive Council in the performance of their functions.
The Technical Secretariat shall carry out the verification measures provided for in this Convention. It shall carry out the other
functions entrusted to it under this Convention as well as those functions delegated to it by the Conference and the Executive Council.
38. The Technical Secretariat shall:
(a) Prepare and submit to the Executive Council the draft programme and budget of the Organization;
(b) Prepare and submit to the Executive Council the draft report of the Organization on the implementation of this Convention and
such other reports as the Conference or the Executive Council may request;
(c) Provide administrative and technical support to the Conference, the
Executive Council and subsidiary organs;
(d) Address and receive communications on behalf of the Organization to and from States Parties on matters pertaining to the implementation
of this Convention;
the implementation of the provisions of this Convention, including evaluation of scheduled and unscheduled chemicals.
39. The Technical Secretariat shall:
(a) Negotiate agreements or arrangements relating to the implementation of verification activities with States Parties, subject to
approval by the Executive Council;
(b) Not later than 180 days after entry into force of this Convention, coordinate the establishment and maintenance of
permanent stockpiles of emergency and humanitarian assistance by States Parties in accordance with Article X,
paragraphs 7 (b) and (c). The Technical Secretariat may inspect the items maintained for serviceability. Lists of items to be stockpiled shall be
considered and approved by the Conference pursuant to paragraph 21 (i) above;
(c) Administer the voluntary fund referred to in Article X, compile declarations made by the States Parties and register,
when requested, bilateral agreements concluded between States Parties or between a State Party and the Organization for
the purposes of Article X.
40. The Technical Secretariat shall inform the Executive Council of any problem that has arisen with regard to th e dischar
g e of its functions, including doubts, ambiguities or uncertainties about compliance with this Conven tion that have co me t o
it s noti ce in the p e rfo r m a n ce of its v e rification activi ties and that it has been unable to reso lve 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 recom m e n d ati on of the Ex ecuti ve Co unci
l for a term of fo ur years, renewable for one further term, but not thereafter.
44. The Director-General shall be responsible to the Conference and the Executive Council for the appointment of the
staff and the organization and functioning of the Technical Secretariat. The paramount consideration in the employment of the staff
and in the determination of the conditions of service s h al l b e th e ne ce s s i t y o f s e cu rin g the h i gh es t s t a n
d a r d s o f e ffi ci en cy, 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 con sult atio n w ith States Par ties, app oin t mem b ers of th e Scientific Advi sory Bo ard,
who shall serve in their individual capacity. The members of the Board shall be appointed on the basis of their expertise in the
particular scien tif ic fiel ds r elevan t t o t he
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 respo n sib ili ties of the Dir ecto r-G en eral,
the inspectors and the other members of the staff and not seek to influence them in the discharge of their responsibilities.
48. The Organization shall enjoy on the territory and in any other place under the jur isdiction or contr ol of a State Par ty
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, rep r esent a tiv es app o in ted to the
Ex ecuti ve C oun cil tog e ther wi th th eir alternates and advis e rs , the Direct or -G en er a l a nd t h e st af f o f the
Organization shall enjoy such privileges and immunities as are necessary in the indepe ndent exe r c i se of their fun c tio ns in
con n ect i o n wit h th e Organization.
50. The legal capacity, privileges, and immunities referred to in this Article shall be defined in agreements between the Organization
and the States Parties as well as in an agreement between the Organization and the State in which the headquarters of the Organization
is seated. These agreements shall be considered and approved by the Conference pursuant to paragraph 21 (i).
51. Notwithstanding paragraphs 48 and 49, the privileges and immunities enjoyed by the Director-General and the staff
of the Technical Secretariat during the conduct of verification activities shall be those set forth in Part II, Section B, of the
Verification Annex.
1. States Parties shall consult and cooperate, directly among themselves, or thro ugh the Organizati on o r o ther ap pro priat
e internatio nal 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 St ate Party believes ca us es suc h a do ub t o r con c ern shall pr ovi de t h e 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 m atter which may
be considered ambiguous. Such arrangem ents 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 clari f icati on from another S t at e Pa rty
on any situation which may be considered ambiguous or which gives rise to a concern about its possible non-compliance with this
Convention. In such a case, the following shall apply:
(a) The Executive Council shall forward the request for clarification to the State Party concerned through the Director-General not
later than 24 hours after its receipt;
(b) The requested State Party shall provide the clarification to the Executive Council as soon as possible, but in
any case not later than 10 days after the receipt of the request;
(c) The Executive Council shall take note of the clarification and forward it to the requesting State Party not later than 24 hours
after its receipt;
(d) If the requesting State Party deems the clarification to be inadequate, it shall have the right to request the Executive Council
to obtain from the requested State Party further clarification;
(e) For the purpose of obtaining further clarification requested under sub-
to establish a group of experts from the Technical Secretariat, or if appropriate staff are not available in the Technical
Secretariat, from elsewhere, to examine all available information and data relevant to the situation causing the concern. The
group of experts shall submit a factual report to the Executive Council on its findings;
(f) If the requesting State Party considers the clarification obtained under sub-paragraphs (d) and (e) to be unsatisfactory, it shall have the right to request a special session of the Executive Council in which States Parties
involved that are not members of the Executive Council shall be entitled to take part. In such a special session, the Executive
Council shall consider the matter and may recommend any measure it deems appropriate to resolve the situation.
5. A State Party shall also have the right to request the Executive Council to clarify any situation which has been considered
ambiguous or has given rise to a concern about its possible non-compliance with this Convention. The Exe c ut iv e Co un ci l sha
l l resp on d by prov id i n g su ch assi st anc e a s 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 clarific ation to the Ex ecu ti ve C ou nci l , o r it bel ie ves i ts do ub ts w arra nt urg e nt co nsiderati
on, not with standi ng i t s right to request a ch all e ng e inspection, it may request a special session of the Conference in
accordance w i t h A r t i cle VII I , paragr ap h 12 ( c ). At s u ch 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 f a ci li ty o r l o cat ion i n th e t
e r r it or y or in an y ot her pl ace un der th e j u ri sdict i on o r con t ro l of any ot her St ate Part y for th e sol e pu
rpo s e of clarifying and resolving any questions concerning possible non-compliance wi th th e p r ov isi ons of t h is Con v ent
i o n , an d to hav e th is insp ecti o n conducted anywhere without delay by an inspection team designated by the Director-General
and in accordance with the Verification Annex.
9. Each State Party is under the obligation to keep the inspection request within the scope of this Convention and to provide
in the inspection request all appropriate information on the basis of which a concern has arisen regarding p o ssi bl e no n- co
mp lian c e wi th t h i s Con v en tio n as sp eci f ied i n th e Ve rificati on Annex. Each S t ate Party shall refrain from unfounded
in sp ec ti on r e q u e s ts, ca r e bei n g t a ken to av oi d abu s e. Th e ch alleng e 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 Co nvent ion, each St ate Party sh all permit
the Te chnical Secretariat to conduct the on-site challenge inspection pursuant to paragraph 8.
11. Pursuant to a request for a challenge inspection of a facility or location, and in accordance with the procedures provided
for in the Verification Annex, the inspected State Party shall have:
(a) The right and the obligation to make every reasonable effort to demonstrate its compliance with this Convention and,
to this end, to enable the inspection team to fulfil its mandate;
(b) The obligation to provide access within the requested site for the sole purpose of establishing facts relevant to the concern
regarding possible non-compliance; and
(c) The right to take measures to protect sensitive installations, and to prevent disclosure of confidential information
and data, not related to this Convention.
12. With regard to an observer, the following shall apply:
(a) The requesting State Party may, subject to the agreement of the inspected State Party, send a representative who
may be a national either of the requesting State Party or of a third State Party, to observe the conduct of the challenge inspection.
(b) The inspected State Party shall then grant access to the observer in accordance with the Verification Annex.
(c) The inspected State Party shall, as a rule, accept the proposed observer, but if the inspected State Party exercises a refusal,
that fact shall be recorded in the final report.
13. The requesting State Party shall present an inspection request for an on-site challenge inspection to the Executive Council
and at the same time to the Director-General for immediate processing.
14. The Director-General shall immediately ascertain that the inspection request meets the requirements specified in Part X, paragraph
4, of the Verification Annex, and, if necessary, assist the requesting St ate Party in filing the in specti on requ est 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 req u est to be frivo
lous, abusive or clearly beyond the scope of this Con ven ti on as descri bed i n p aragrap h 8 . N eit her t he requ esti ng n
or t he inspected State Party shall participate in such a decision. If the Executive Counc il de cides against the c ha llenge inspection,
pr eparations 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 a l leged use, in ac corda nce with Pa rt XI of the Ve rifica tion 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 in specti on and facilitate its ta sk.
If the in specte d St ate Party proposes, pursu ant to Part X, Sec tion C, of the Ve rification A nnex, 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 mod a l iti es fo r establish i ng the facts wi th the aim o f demon s t r at
ing 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 St ate Party, to the inspected St ate 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 St ates Parties which may be conveyed to the
Director-General for that purpose, and then provide them to all States Parties.
22. The Executive Council shall, in accordance with its powers and functions, review the final report of the inspection team as
soon as it is presented, and address any concerns as to:
(a) Whether any non-compliance has occurred;
(b) Whether the request had been within the scope of this Convention; and
(c) Whether the right to request a challenge inspection had been abused.
23. If the Executive Council reaches the conclusion, in keeping with its powers and functions, that further action may be necessary
with regard to paragraph
22, it shall take the ap propriate measures to redress the situation and to ensure compliance with this Convention, including specific
recommenda-
tions to the Conference. In the case of abuse, the Executive Council shall examine whether the requesting State Party should bear
any of the financial implications of the challenge inspection.
24. The requesting State Party and the inspected State Party shall have the right to participate in the review process. The Executive
Council shall inform the States Parties and the next session of the Conference of the outcome of the process.
25. If the Executive Council has made specific recommendations to the Conference, the Conference shall consider action
in accordance with Article XII.
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 equ i pment; decont am ination equi pment and decontam inants;
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 u s e m e ans of protection against chemical weapons, for pu rpo s es not prohibited under this Convention.
3. Each State Party undertakes to facilitate, and shall have the right to participate in, the fullest possible ex
change 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 Technica l 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 variou s m eans of prot
ecti on agai nst 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 Par t y in id enti fy ing ho w i t s p r o g ram m e s f o r the dev e lop m en t an d improvement of a protective
capacity against chemical weapons could be implemented.
6. Nothing in this Convention shall be interpreted as impeding the right of States Parties to request and provide assistance
bilaterally and to conclude individual agreements with other States Parties concerning the emergency procurement of assistance.
7. Each State Party undertakes to provide assistance through the Organization and to this end to elect to take one or more of
the following measures:
(a) To contribute to the voluntary fund for assistance to be established by the Conference at its first session;
(b) To conclude, if possible not later than 180 days after this Convention enters into force for it, agreements with the Organization
concerning the procurement, upon demand, of assistance;
(c) To declare, not later than 180 days after this Convention enters into force for it, the kind of assistance it might provide in
response to an appeal by the Organization. If, however, a State Party subsequently is unable to provide the assistance envisaged
in its declaration, it is still under the obligation to provide assistance in accordance with this paragraph.
8. Each State Party has the right to request and, subject to the procedures set
forth in paragraphs 9, 10 and 11, to receive assistance and protection against the use or threat of use of chemical weapons if it
considers that:
(a) Chemical weapons have been used against it;
(b) Riot control agents have been used against it as a method of warfare; or
(c) It is threatened by actions or activities of any State that are prohibited for States Parties by Article I.
9. The request, substantiated by relevant information, shall be submitted to the Director-General, who shall transmit i t imm
ediately t o the Executiv e 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 w e apon s or use of ri ot contr o l 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
additiona l period s h all be submitte d to the Executive Council. The investigation shall, as appropriate and in conformity with
the request and the information accompanying the request, establish relevant fact s rel a ted t o th e requ est as well as th e t
ype an d 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 tr ansmit to all Stat es Par ties and rel evant international
organizations the investigation report and the decision taken by the Exe cutive Counci l. When so decide d by th e Executive C ounc
il, the Director-General shall provide assistance immediately. For this purpose, the Director-General may cooperate with the requesting
State Party, other States Parties and relevant international organizations. The States Parties shall make the fullest possible efforts
to provide assistance.
11. If the information available from the ongoing investigation or other reliable sources would give sufficient proof that there
are victims of use of chemical weapons and immediate action is indispensable, the Director-General shall notify all States Parties
and shall take emergency measures of assistance, using the re sources the C o nference ha s pla ced at his disposal for such contingencies.
The Direc t or-General sha l l ke ep the Exe c utive Council informed of actions undertaken pursuant to this paragraph.
1. The provisions of this Convention shall be implemented in a manner which av oids ham pering the econom ic or technol ogical
dev el opment of States Parties, and international cooperation in the field of chemical activities for purposes not prohibited under
this Convention including the international exchange of sc ie ntific and tec h nica l informa t ion a n d chemic als and equipment
for the production, processing or use of chemicals for purposes not prohibited under this Convention.
2. Subject to the provisions of this Convention and without prejudice to the principles and applicable rules of international
law, the States Parties shall:
(a) Have the right, individually or collectively, to conduct research with, to develop, produce, acquire, retain, transfer, and use
chemicals;
(b) Undertake to facilitate, and have the right to participate in, the fullest possible exchange of chemicals, equipment and scientific
and technical information relating to the development and application of chemistry for purposes not prohibited under this Convention;
(c) Not maintain among themselves any restrictions, including those in any international agreements, incompatible with the obligations
undertaken under this Convention, which would restrict or impede trade and the development and promotion of scientific and technological
knowledge in the field of chemistry for industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes;
(d) Not use this Convention as grounds for applying any measures other than those provided for, or permitted, under this Convention
nor use any other international agreement for pursuing an objective inconsistent with this Convention;
(e) Undertake to review their existing national regulations in the field of trade in chemicals in order to render them consistent
with the object and purpose of this Convention.
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 ta ke me asur es to redress a situatio n ra ising
problems with regard to it s compliance, and where the State Party fails to fulfil the request within the specified time, the Conference
may, inter alia, upon the recommendation of th e Execut ive Coun cil, restrict or suspend th e St ate 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 m ay recommend collective measures to States Parties in conformity with international
law.
4. The Conference shall, in cases of particular gravity, bring the issue, inclu d ing relev a nt i n formati on an
d concl u sions, to the att e ntio n of the United Nations General Assembly and the United Nations Security Council.
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 Othe r Gases, and of Bacteriological Methods of
Warfare, signed at Geneva on 17
June 1925, and under the Convention on the Prohibition of the Development, Pro duc tio n and St o c kp il ing o f Bact eri o l ogi
cal (Bio lo gic a l) an d To x i n Weapo n s and o n Th eir D e struct io n, si gne d a t Lo nd on, Mosco w and Washington on 10
April 1972.
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 o t her peacefu l means of t h e part ie s’ choice, including rec o urs e 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 qu estio n arisi ng
wit h i n t h e sco p e o f the activ it ies of t h e Organization. An agreement between the O rgan i zation 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 measure s to redress a situation a nd
to ensure comp liance, including sanctions.
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 t h is Con v ent i on. Proposals for am endmen ts shall b e subject to th e 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 St ates Part
ies and to the D e posit ary. The pr opo sed amend m ent shall be consid ered onl y b y an A m en dment 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 circulati on that they su pport furt her co nsideration 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 instr uments of ratification or acceptance
by all the States Parties referred to under sub-paragraph (b) below:
(a) When adopted by the Amendment Conference by a positive vote of a majority of all States Parties with no State Party casting a
negative vote; and
(b) Ratified or accepted by all those States Parties casting a positive vote at the Amendment Conference.
4. In order to ensure the viability and the effectiveness of this Convention, provisions in the Annexes shall be subject to
changes in accordance with paragraph 5, i f pro posed ch anges are relat e d onl y t o mat t ers 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 Confident i
ality Annex, Part X of the Ve r i fication Annex, and those definitions in Part I of the Verification Annex which relate exclusively
to challenge inspections, shall not be subject to changes in accordance with paragraph 5.
5. Proposed changes referred to in paragraph 4 shall be made in accordance with the following procedures:
(a) The text of the proposed changes shall be transmitted together with the necessary information to the Director-General. Additional
information for the evaluation of the proposal may be provided by any State Party and the Director-General. The Director-General
shall promptly communicate any such proposals and information to all States Parties, the Executive Council and the Depositary;
(b) Not later than 60 days after its receipt, the Director-General shall evaluate the proposal to determine all its possible
consequences for the provisions of this Convention and its implementation and shall communicate any such information
to all States Parties and the Executive Council;
(c) The Executive Council shall examine the proposal in the light of all information available to it, including whether the proposal
fulfils the
requirements of paragraph 4. Not later than 90 days after its receipt, the Executive Council shall notify its recommendation, with
appropriate explanations, to all States Parties for consideration. States Parties shall acknowledge receipt within 10 days;
(d) If the Executive Council recommends to all States Parties that the proposal be adopted, it shall be considered approved
if no State Party objects to it within 90 days after receipt of the recommendation. If the Executive Council recommends that the
proposal be rejected, it shall be considered rejected if no State Party objects to the rejection within 90 days after receipt of
the recommendation;
(e) If a recommendation of the Executive Council does not meet with the acceptance required under sub-paragraph (d), a decision on the proposal, including whether it fulfils the requirements of paragraph 4, shall be taken as a matter of
substance by the Conference at its next session;
(f) The Director-General shall notify all States Parties and the Depositary of any decision under this paragraph;
(g) Changes approved under this procedure shall enter into force for all States Parties 180 days after the date of notification
by the Director- General of their approval unless another time period is recommended by the Executive Council or decided by the
Conference.
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 sub j ect-m a tter of this Convention, have jeopard ized the supreme interests of its
country. It shall give notice of such withdrawal 90 days i n advance t o all o t her St ates Part ies , t h e Ex ec uti v e Cou
n ci l, th e Depositary and the United Nations Se curity Council . Such notice shall include a statement of the extraordina r y
e v ents it rega rds 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.
The Annexes form an integral part of this Convention. Any reference to this
Convention includes the Annexes.
This Convention shall be open for signature for all States before its entry into force.
This Convention shall be subject to ratification by States Signatories according to their respective constitutional processes.
Any State which does not sign this Convention before its entry into force may accede to it at any time thereafter.
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 o n th e 30 th d a y fo ll owin g t h e d a te o f d e po sit of th eir in stru ment of ratification
or accession.
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.
The Secretary-General of the United Nations is hereby designated as the
Depositary of this Convention and shall, inter alia:
(a) Promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument
of ratification or accession and the date of the entry into force of this Convention, and of the receipt of other notices;
(b) Transmit duly certified copies of this Convention to the Governments of all signatory and acceding States; and
(c) Register this Convention pursuant to Article 102 of the Charter of the
United Nations.
This Convention, of which the Arabic, Chinese, English, French, Russian an d Sp an ish text s ar e eq uall y aut h ent i c, shall
be d e posi t ed w ith t h e 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.
A. GUIDELINES FOR SCHEDULES OF CHEMICALS B. SCHEDULES OF CHEMICALS
Guidelines for Schedule 1
1. The following criteria shall be taken into account in considering whether a toxic chemical or precursor should be included
in Schedule 1:
(a) It has been developed, produced, stockpiled or used as a chemical weapon as defined in Article II;
(b) It poses otherwise a high risk to the object and purpose of this Convention by virtue of its high potential for use
in activities prohibited under this Convention because one or more of the following conditions are met:
(i) It possesses a chemical structure closely related to that of other toxic chemicals listed in Schedule l, and has, or can be
expected to have, comparable properties;
(ii) It possesses such lethal or incapacitating toxicity as well as other properties that would enable it to be used as a chemical
weapon;
(iii) It may be used as a precursor in the final single technological stage of production of a toxic chemical listed in
Schedule l, regardless of whether this stage takes place in facilities, in munitions or elsewhere;
(c) It has little or no use for purposes not prohibited under this Convention. Guidelines for Schedule 2
2. The following criteria shall be taken into account in considering whether a t oxi c chemical not listed i n Schedul e 1 or
a p r ecursor to a Schedule 1 chemical or to a chemical listed in Schedule 2, part A, should be included in Schedule 2:
(a) It poses a significant risk to the object and purpose of this Convention because it possesses such lethal or incapacitating toxicity
as well as other properties that could enable it to be used as a chemical weapon;
(b) It may be used as a precursor in one of the chemical reactions at the final stage of formation of a chemical listed in Schedule
1 or Schedule
2, part A;
(c) It poses a significant risk to the object and purpose of this Convention by virtue of its importance in the production of a chemical
listed in Schedule 1 or Schedule 2, part A;
(d) It is not produced in large commercial quantities for purposes not prohibited under this Convention.
Guidelines for Schedule 3
3. The following criteria shall be taken into account in considering whether a to xi c ch em ic al or p r ecur s o r, no t li
ste d in o t h e r Sche du les, sho u l d be included in Schedule 3:
(a) It has been produced, stockpiled or used as a chemical weapon;
(b) It poses otherwise a risk to the object and purpose of this Convention because it possesses such lethal or incapacitating toxicity
as well as other properties that might enable it to be used as a chemical weapon;
(c) It poses a risk to the object and purpose of this Convention by virtue of its importance in the production of one or more
chemicals listed in
Schedule 1 or Schedule 2, part B;
(d) It may be produced in large commercial quantities for purposes not prohibited under this Convention.
The following Schedules list toxic chemicals and their precursors. For the purpose of imp lementing this Conve nt ion, these Schedules
identify chemic als for the application of verification measures ac cording to the provisions of the Verification Annex. Pursuant
to Article II, sub-paragraph 1 (a), these Schedules do not constitute a definition of chemical weapons.
(Whenever reference is made to groups of dialkylated chemicals, followed by a list of alkyl groups in parentheses, all chemicals possible
by all possible combinations of alkyl groups listed in the parentheses are considered as listed in the respective Schedule as long
as they are not explicitly exempted. A chemical marked "*" on Schedule 2, pa rt A, is subject to special thresholds for
declaration and verification, as specified in Part VII of the Verification Annex.)
Schedule 1
A. Toxic chemicals:
(1) O-Alkyl (<C10, incl. cycloalkyl) alkyl
(Me, Et, n-Pr or i-Pr)-phosphonofluoridates
(CAS registry number)
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 Mustard gas: Bis(2-chloroethyl)sulfide Bis(2-chloroethylthio)methane Sesquimustard: 1,2-Bis(2-chloroethylthio)ethane 1,3-Bis(2-chloroethylthio)-n-propane 1,4-Bis(2-chloroethylthio)-n-butane 1,5-Bis(2-chloroethylthio)-n-pentane | (2625-76-5) (505-60-2) (63869-13-6) (3563-36-8) (63905-10-2) (142868-93-7) (142868-94-8) |
Bis(2-chloroethylthiomethyl)ether (63918-90-1) O-Mustard: Bis(2-chloroethylthioethyl)ether
(63918-89-8)
(5) Lewisites:
Lewisite 1: 2-Chlorovinyldichloroarsine (541-25-3) Lewisite 2: Bis(2-chlorovinyl)chloroarsine
(40334-69-8) Lewisite 3: Tris(2-chlorovinyl)arsine (40334-70-1)
(6) Nitrogen mustards:
HN1: Bis(2-chloroethyl)ethylamine (538-07-8) HN2: Bis(2-chloroethyl)methylamine
(51-75-2) HN3: Tris(2-chloroethyl)amine
(555-77-1)
(7) Saxitoxin (35523-89-8) (8) Ricin
(9009-86-3) B. Precursors:
(9) Alkyl (Me, Et, n-Pr or i-Pr) phosphonyldifluorides
e.g. DF: Methylphosphonyldifluoride (676-99-3)
(10) O-Alkyl (H or <C10, incl. cycloalkyl) O-2-dialkyl
(Me, Et, n-Pr or i-Pr)-aminoethyl alkyl
(Me, Et, n-Pr or i-Pr) phosphonites and
corresponding alkylated or protonated salts
e.g. QL: O-Ethyl O-2-diisopropylaminoethyl
methylphosphonite (57856-11-8) (11) Chlorosarin: O-Isopropyl methylphosphonochloridate
(1445-76-7) (12) Chlorosoman: O-Pinacolyl methylphosphonochloridate (7040-57-5)
Schedule 2
A. (1) | Toxic chemicals: Amiton: O,O-Diethyl S-[2-(diethylamino)ethyl] | |
phosphorothiolate and corresponding alkylated or protonated salts | (78-53-5) | |
(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)
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)
PART I: DEFINITIONS
PART II: GENERAL RULES OF VERIFICATION
A. DESIGNATION OF INSPECTORS AND INSPECTION ASSISTANTS
B. PRIVILEGES AND IMMUNITIES C. STANDING ARRANGEMENTS
Points of entry
Arrangements for use of non-scheduled aircraft
Administrative arrangements
Approved equipment
D. PRE-INSPECTION ACTIVITIES Notification
Entry into the territory of the inspected State Party or Host State and transfer to the inspection site
Pre-inspection briefing
E. CONDUCT OF INSPECTIONS General rules
Safety
Communications
Inspection team and inspected State Party rights
Collection, handling and analysis of samples
Extension of inspection duration
Debriefing
F. DEPARTURE G. REPORTS
H. APPLICATION OF GENERAL PROVISIONS
PART III: GENERAL PROVISIONS FOR VERIFICATION MEASURES PURSUANT TO ARTICLES IV, V AND VI, PARAGRAPH 3
A. INITIAL INSPECTIONS AND FACILITY AGREEMENTS B. STANDING ARRANGEMENTS
C. PRE-INSPECTION ACTIVITIES
PART IV (A): DESTRUCTION OF CHEMICAL WEAPONS AND ITS VERIFICATION PURSUANT TO ARTICLE IV
A. DECLARATIONS
Chemical weapons
Declarations of chemical weapons pursuant to
Article III, paragraph 1 (a) (iii)
Declarations of past transfers and receipts
Submission of the general plan for destruction of chemical weapons
B. MEASURES TO SECURE THE STORAGE FACILITY AND STORAGE FACILITY PREPARATION
C. DESTRUCTION
Principles and methods for destruction of chemical weapons
Order of destruction
Modification of intermediate destruction deadlines
Extension of the deadline for completion of destruction
Detailed annual plans for destruction
Annual reports on destruction
D. VERIFICATION
Verification of declarations of chemical weapons through on-site inspection
Systematic verification of storage facilities
Inspections and visits
Systematic verification of the destruction of chemical weapons
Chemical weapons storage facilities at chemical weapons destruction facilities
Systematic on-site verification measures at chemical weapons destruction facilities
PART IV (B): OLD CHEMICAL WEAPONS AND ABANDONED CHEMICAL WEAPONS
A. GENERAL
B. REGIME FOR OLD CHEMICAL WEAPONS
C. REGIME FOR ABANDONED CHEMICAL WEAPONS
PART V: DESTRUCTION OF CHEMICAL WEAPONS PRODUCTION FACILITIES AND ITS VERIFICATION PURSUANT TO
ARTICLE V
A. DECLARATIONS
Declarations of chemical weapons production facilities
Declarations of chemical weapons production
facilities pursuant to Article III, paragraph 1 (c) (iii)
Declarations of past transfers and receipts
Submission of general plans for destruction
Submission of annual plans for destruction and annual reports on destruction
B. DESTRUCTION
General principles for destruction of chemical weapons production facilities
Principles and methods for closure of a chemical weapons production facility
Technical maintenance of chemical weapons production facilities prior to their destruction
Principles and methods for temporary conversion of chemical weapons production facilities into
chemical weapons destruction facilities
Principles and methods related to destruction of a chemical weapons production facility
Order of destruction
Detailed plans for destruction
Review of detailed plans
C. VERIFICATION
Verification of declarations of chemical weapons production facilities through on-site inspection
Systematic verification of chemical weapons production facilities and cessation of their activities
Verification of destruction of chemical weapons production facilities
Verification of temporary conversion of a chemical
weapons production facility into a chemical weapons destruction facility
D. CONVERSION OF CHEMICAL WEAPONS PRODUCTION FACILITIES TO PURPOSES NOT PROHIBITED UNDER THIS CONVENTION
Procedures for requesting conversion
Actions pending a decision
Conditions for conversion
Decisions by the Executive Council and the Conference
Detailed plans for conversion
Review of detailed plans
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 B. TRANSFERS
C. PRODUCTION
General principles for production
Single small-scale facility
Other facilities
D. DECLARATIONS
Single small-scale facility
Other facilities referred to in paragraphs 10 and 11
E. VERIFICATION
Single small-scale facility
Other facilities referred to in paragraphs 10 and 11
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
Declarations of plant sites producing, processing or consuming Schedule 2 chemicals
Declarations on past production of Schedule 2 chemicals for chemical weapons purposes
Information to States Parties
B. VERIFICATION General
Inspection aims
Initial inspections
Inspections
Inspection procedures
Notification of inspection
C. TRANSFERS TO STATES NOT PARTY TO THIS CONVENTION
PART VIII: ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION IN ACCORDANCE WITH ARTICLE VI:
REGIME FOR SCHEDULE 3 CHEMICALS AND FACILITIES RELATED TO SUCH CHEMICALS
A. DECLARATIONS
Declarations of aggregate national data
Declarations of plant sites producing Schedule 3 chemicals
Declarations on past production of Schedule 3 chemicals for chemical weapons purposes
Information to States Parties
B. VERIFICATION General
Inspection aims
Inspection procedures
Notification of inspection
C. TRANSFERS TO STATES NOT PARTY TO THIS CONVENTION
PART IX: ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION IN ACCORDANCE WITH ARTICLE VI:
REGIME FOR OTHER CHEMICAL PRODUCTION FACILITIES
A. DECLARATIONS
List of other chemical production facilities
Assistance by the Technical Secretariat
Information to States Parties
B. VERIFICATION General
Inspection aims
Inspection procedures
Notification of inspection
C. IMPLEMENTATION AND REVIEW OF SECTION B Implementation
Review
PART X: CHALLENGE INSPECTIONS PURSUANT TO ARTICLE IX
A. DESIGNATION AND SELECTION OF INSPECTORS AND INSPECTION ASSISTANTS
B. PRE-INSPECTION ACTIVITIES Notification
Entry into the territory of the inspected State Party or the Host State
Alternative determination of final perimeter
Verification of location
Securing the site, exit monitoring
Pre-inspection briefing and inspection plan
Perimeter activities
C. CONDUCT OF INSPECTIONS General rules
Managed access
Observer
Duration of inspection
D. POST-INSPECTION ACTIVITIES Departure
Reports
PART XI: INVESTIGATIONS IN CASES OF ALLEGED USE OF CHEMICAL WEAPONS
A. GENERAL
CONTENTS (continued) B. PRE-INSPECTION ACTIVITIES
Request for an investigation
Notification
Assignment of inspection team
Dispatch of inspection team
Briefings
C. CONDUCT OF INSPECTIONS Access
Sampling
Extension of inspection site
Extension of inspection duration
Interviews
D. REPORTS
Procedures
Contents
E. STATES NOT PARTY TO THIS CONVENTION
1. "Approved Equipment" means the devices and instruments necessary for the performance of the inspection team’s
duties that have been certified by the Te chnical Secretariat in accordanc e with regulations prepare d by the Technical Secretariat
pursuant to Part II, paragraph 27 of this Annex. Such eq uipm en t m a y also refer to t h e admin istrativ e sup p lies or recordi
n g materials that would be used by the inspection team.
2. "Building" as referred to in the definition of chemical weapons production facility in Article II comprises specialized
buildings and standard buildings.
(a) "Specialized Building" means:
(i) Any building, including underground structures, containing specialized equipment in a production or filling configuration;
(ii) Any building, including underground structures, which has distinctive features which distinguish it from buildings
normally used for chemical production or filling activities not prohibited under this Convention.
(b) "Standard Building" means any building, including underground structures, constructed to prevailing industry
standards for facilities not producing any chemical specified in Article II, paragraph 8 (a) (i), or corrosive chemicals.
3. "Challenge Inspection" means the inspection of any facility or location in the territory or in any other place
under the jurisdiction or control of a State Party requested by another State Party pursuant to Article IX, paragraphs 8 to 25.
4. "Discrete Organic Chemical" means any chemical belonging to the class of chemical compounds consisting of all compounds
of carbon except for its oxides, sulfides and metal carbonates, identifiable by chemical name, by structural formula, if known,
and by Chemical Abstracts Service registry number, if assigned.
5. "Equipment" as referred to in the definition of chemical weapons production facility in Article II comprises specialized
equipment and standard equipment.
(a) "Specialized Equipment" means:
(i) The main production train, including any reactor or equipment for product synthesis, separation or purification, any equipment
used directly for heat transfer in the final technological stage, such as in reactors or in product separation, as well as
any other equipment which has been in contact with any chemical specified in Article II, paragraph 8 (a) (i), or would be in contact with such a chemical if the facility were operated;
(ii) Any chemical weapon filling machines;
(iii) Any other equipment specially designed, built or installed for the operation of the facility as a chemical weapons
production facility, as distinct from a facility constructed according to prevailing commercial industry standards
for facilities not producing any chemical specified in Article II, paragraph 8 (a) (i), or corrosive chemicals, such as: equipment made of high-
nickel alloys or other special corrosion-resistant material; special equipment for waste control, waste treatment, air filtering,
or solvent recovery; special containment enclosures and safety shields; non-standard laboratory equipment used to analyse
toxic chemicals for chemical weapons purposes; custom-designed process control panels; or dedicated spares
for specialized equipment.
(b) "Standard Equipment" means:
(i) Production equipment which is generally used in the chemical industry and is not included in the types of specialized equipment;
(ii) Other equipment commonly used in the chemical industry, such as: fire-fighting equipment; guard and security/safety surveillance
equipment; medical facilities, laboratory facilities; or communications equipment.
6. "Facility" in the context of Article VI means any of the industrial sites as defined below ("plant site","plant"
and "unit").
(a) "Plant Site" (Works, Factory) means the local integration of one or more plants, with any intermediate administrative
levels, which are under one operational control, and includes common infrastructure, such as:
(i) Administration and other offices; (ii) Repair and maintenance shops;
(iii) Medical centre; (iv) Utilities;
(v) Central analytical laboratory;
(vi) Research and development laboratories;
(vii) Central effluent and waste treatment area; and
(viii) Warehouse storage.
(b) "Plant" (Production facility, Workshop) means a relatively self- contained area, structure or building
containing one or more units with auxiliary and associated infrastructure, such as:
(i) Small administrative section;
(ii) Storage/handling areas for feedstock and products; (iii) Effluent/waste handling/treatment area;
(iv) Control/analytical laboratory;
(v) First aid service/related medical section; and
(vi) Records associated with the movement into, around and from the site, of declared chemicals and their feedstock
or product chemicals formed from them, as appropriate.
(c) "Unit" (Production unit, Process unit) means the combination of those items of equipment, including vessels and vessel
set up, necessary for the production, processing or consumption of a chemical.
7. "Facility Agreement" means an agreement or arrangement between a State Party and the Organization relating to a
specific facility subject to on-site verification pursuant to Articles IV, V and VI.
8. "Host State" means the State on whose territory lie facilities or areas of another State, Party to this Convention,
which are subject to inspection under this Convention.
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 t e rritory of a
Host St ate is subject to such an in spection; it does no t, however, include the State Party specified in Part II, paragraph 21
of this Annex.
13. "Inspection Assistant" means an individual designated by the Technical Secretar iat as set fo rth in Part
II, Sect ion A, of t h is Ann e x to assist inspect o rs in an inspection or vis it, such as medical, security and administrative
personnel and interpreters.
14. "Inspection Mandate" means the instructions issued by the Director-General to the inspection team for the conduct
of a particular inspection.
15. "Inspection Manual" means the compilation of additional procedures 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 insp ectio n request or m andate or i nspection request as expanded b y 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 conte n t for an agreem ent concluded betwee
n a S t ate Party and the Organi zat ion for ful f i l l i n g t h e verific a ti on prov isio ns speci fi ed in th is Annex.
20. "Observer" means a representative of a requesting State Party or a third
State Party to observe a challenge inspection.
21. "Perimeter" in case of challenge inspection means the external boundary of the inspection site, defined by either
geographic coordinates or description on a map.
(a) "Requested Perimeter" means the inspection site perimeter as specified in conformity with Part X, paragraph 8, of this
Annex;
(b) "Alternative Perimeter" means the inspection site perimeter as specified, alternatively to the requested
perimeter, by the inspected State Party; it shall conform to the requirements specified in Part X, paragraph 17, of this Annex;
(c) "Final Perimeter" means the final inspection site perimeter as agreed in negotiations between the inspection team and
the inspected State Party,
in accordance with Part X, paragraphs 16 to 21, of this Annex;
(d) "Declared Perimeter" means the external boundary of the facility declared pursuant to Articles III, IV, V and
VI.
22. "Period of Inspection", for the purposes of Article IX, means the period of time from provision of access to the
inspection team to the inspection site un ti l it s d e part ure from t h e in spec ti on sit e , ex cl usi v e of t i m e spen
t on briefings before and after the verification activities.
23. "Period of Inspection", for the purposes of Articles IV, V and VI, means the period of time from arrival of the inspection
team at the inspection site until its departure from the inspection site, exclusive of time spent on briefings before and after the
verification activities.
24. "Point of Entry"/"Point of Exit" means a location designated for the in- count ry arri val o f i n
spection team s for in sp ect i ons p u rsuant to thi s 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.
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 d e sign ati on,
a s wel l as a descrip tio n of th eir qu ali f i catio ns an d 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-ac cepta nc
e. The Technica l 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 d e s i g n at ed . It s h a ll noti f y th e Te chn i c a l Sec r et ari a t of i t s obj ec tion
in writing and may include the reason for the objection. Such objection shall com e into effect 30 days after rece ip t by the Technical
Secr et ar iat. 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 nu mber of inspectors or inspection assistants or ot herwise hampers th e effective fulfilment of the
tasks of the Technical Secretariat, the Director- General shall refer the issue to the Executive Council.
8. Whenever amendments to the above-mentioned lists of inspectors and inspection assistants are necessary or requested,
replacement inspectors and inspection assistants shall be designated in the same manner as set forth with respect to the initial
list.
9. The members of the inspection team carrying out an inspection of a facility of a St ate Part y located o n the territory of
another St ate 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.
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 theret o, prov ide m u lti ple ent r y/exi t and/ or t r ansit visas an d ot her such documents to enable
each inspector or inspection assistant to enter and to remain on the territory of that State Party for the purpose of carrying out
inspection activities. These documents shall be valid for at least two years after their provision to the Technical Secretariat.
11. To exercise their functions effectively, inspectors and inspection assistants shall be accorded privileges and immunities
as set forth in sub-paragraphs (a) to (i). Privileges and immunities shall be granted to m embers of the inspection team for the sake of this Convention and not for the
personal benefit of the individuals themselves. Such privileges and immunities shall be accorded to them for the entire period between
arrival on and departure from the territory of the inspected State Party or Host State, and thereafter with respect to acts previously
performed in the exercise of their official functions.
(a) The members of the inspection team shall be accorded the inviolability enjoyed by diplomatic agents pursuant to Article
29 of the Vienna Convention on Diplomatic Relations of 18 April 1961.
(b) The living quarters and office premises occupied by the inspection team carrying out inspection activities pursuant to this Convention
shall be accorded the inviolability and protection accorded to the premises of diplomatic agents pursuant to Article 30, paragraph
l, of the Vienna Convention on Diplomatic Relations.
(c) The papers and correspondence, including records, of the inspection team shall enjoy the inviolability accorded
to all papers and correspondence of diplomatic agents pursuant to Article 30, paragraph
2, of the Vienna Convention on Diplomatic Relations. The inspection team shall have the right to use codes for their communications
with the Technical Secretariat.
(d) Samples and approved equipment carried by members of the inspection team shall be inviolable subject to provisions
contained in this Convention and exempt from all customs duties. Hazardous samples shall be transported in accordance with relevant
regulations.
(e) The members of the inspection team shall be accorded the immunities accorded to diplomatic agents pursuant to Article 31, paragraphs
1, 2 and 3, of the Vienna Convention on Diplomatic Relations.
(f) The members of the inspection team carrying out prescribed activities pursuant to this Convention shall be accorded the exemption
from dues and taxes accorded to diplomatic agents pursuant to Article 34 of the Vienna Convention on Diplomatic Relations.
(g) The members of the inspection team shall be permitted to bring into the territory of the inspected State Party or Host
State Party, without payment of any customs duties or related charges, articles for personal use, with the exception of articles
the import or export of which is prohibited by law or controlled by quarantine regulations.
(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 diplom atic 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 th e i n spec ti on m an d
ate , sh all b e ob li g ed no t t o in te rf er e in th e i nt er n al 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- Gener a l to det e rm in e wh eth e r su ch an abuse has occurred and, if so determined,
to prevent a repetition of such an abuse.
14. The immunity from jurisdiction of members of the inspection team may be waived by the Director-General in those cases when
the Director-General is of the opinion that immunity would impede the course of justice and that it can be waived without prejudice
to the implementation of the provisions of this Convention. Waiver must always be express.
15. Observers shall be accorded the same privileges and immunities accorded to inspectors pursuant to this section, except for
those accorded pursuant to paragraph 11 (d).
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 af ter the Te chnical Secretar iat receives such notif ication 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 pro posed by a St ate Party would hamper such timely condu ct 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 acc eptance by the Host S t ate of in spectors and
inspection as sistants 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 S t at e n o t Part y to th is Con v en tion, the S t ate Party shall ta ke all necessary
measures as would be required of an inspected State Party and a Host State Party to ensure that inspections of such facilities or
areas can be carried out in accordance with the provisions of this Annex. If the State Party is unab l e to ensure access to th
ose f a cilities or areas, it sh all d e mo nstrate th at it to ok al l n e cessary 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 ti m e ly travel i s n o t feasibl e usin
g schedul ed commer c ial transport, an inspection t eam m a y need t o utilize air cr af t 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 th e stan di ng di pl om at ic clearance number for non-scheduled aircraft transporting inspection teams and equipment necessary
for inspection into and out of t h e t e rr ito ry in whi c h an in sp ectio n sit e is locat ed. Ai rcr a ft 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 sec t ion of each
flight plan the standing diplomatic clea ra nce 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 nec e ssa ry for the inspec tion team s u c h as communication means , in terp re tat i o n serv ic es t o t h e ex te n t n ecessa ry fo r t h e pe rf o r m a nce o f interviewing and other tasks, transportation, working space, lodging, meals and medical care. In thi s regard, the i n spected S t at e Part y 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 t h e inspectio n team bring i ng o
n to t h e inspection site such equipment, approved in accordance with paragraph 28, which the Technical Se cretaria t ha s determined
to be necess a ry to fulfil the inspe c tion 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 l i st 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 d e sig n ated, calibrated and approved by the Te
chnical Secretariat . The Technical Secreta riat 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 p r escrib ed t ime-fr ames, to in spect
the e q uipment 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 a tta ch document s and devices to a u thenticate 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 equi pment meets the descript ion
of th e approved eq uipment fo r the parti c ul ar ty pe of i n spec tio n. Th e inspected S t ate Pa rty may exclude equipment not
meeting that description or equipment without the above- mentioned authentication documents and de vices. 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.
Notification
31. The Director-General shall notify the State Party before the planned arrival of the inspection team at the point of entry and
within the prescribed time- frames, where specified, of its intention to carry out an inspection.
32. Notifications made by the Director-General shall include the following information:
(a) The type of inspection; (b) The point of entry;
(c) The date and estimated time of arrival at the point of entry; (d) The means of arrival at the point of entry;
(e) The site to be inspected;
(f) The names of inspectors and inspection assistants; (g) If appropriate, aircraft clearance for special flights.
33. The inspected State Party shall acknowledge the receipt of a notification by the Technical Secretariat of an intention to conduct
an inspection, not later than one hour after receipt of such notification.
34. In the case of an inspection of a facility of a State Party located on the territory of another State Party, both States
Parties shall be simultaneously notified in accordance with paragraphs 31 and 32.
Entry into the territory of the inspected State Party or Host State and transfer to the inspection site
35. The inspected State Party or Host State Party which has been notified of the ar rival of an inspection team , shall ensure
it s immediate entry into the terri tory an d shall thro ugh an in- c ou ntry escort or b y o t her mean s 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 ou t there, safety measures and adm inistra tive 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.
General rules
38. The members of the inspection team shall discharge their functions in acco rdance with the provisions of th is Convention,
as well as rules established by the Dir ecto r-General and f a ci lity agr eem ents co ncluded between States Parties and the Organization.
39. The inspection team shall strictly observe the inspection mandate issued by the Director-Gen er al. It shal l refr ai n from
activit ies g o ing beyon d this mandate.
40. The activities of the inspection team shall be so arranged as to ensure the timely and ef fective discharg e of it s 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 guideli nes t o be considered and approv ed by th e 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 f o r t h e pro t ecti on o f cont roll ed envir onments with in a facili ty and for personal safety. In ord e r to im plem en t th ese requirement s, appropriate detailed procedures shall be considered and approved by the Conference pursuant to Article VIII, paragraph 21 (i).
Communications
44. Inspectors shall have the right throughout the in-country period to communicate with the Headquarters of the Technical Secretariat. For this purpose they may use their own, duly certified, approved equipment and may request that the inspected State Party or Host State Party provide them with access to other telecommunications. The inspection team shall have the right to use its own two-way system of radio communications bet ween personn el pat rol ling the peri meter and other m embers of the inspecti on team.
Inspection team and inspected State Party rights
45. The inspection team shall, in accordance with the relevant Articles and A n n e xes of t h is Co nv en ti on as w e
l l a s 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 Part
y sh all h a ve the r i gh t to ob ject t o q u est i o n s p o sed to t h e faci li ty 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 St ate Party for reply. The in sp ection team may n o te an y refusal to p e rmit int e rvi e ws o r
to all o w 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 in formatio n and data gathered abou t i
t s faci lity (ies) by the Te chni cal Secretariat.
51. Inspectors shall have the right to request clarifications in connection with ambiguities that arise during an inspection.
Such requests shall be made p r omp t l y t h ro ug h the representat i ve of the insp ect e d St at e Part y. Th e representative
of the inspected State Party shall provide the inspection team, during the inspection, with such clarification as may be necessary
to remove the ambiguity. If questions relating to an object or a building located within the inspection site are not resolved, the
object or building shall, if requested, be photographed for the purpose of clarifying its nature and function. If the ambiguity cannot
be removed during the inspection, the inspectors shall notify the Technical Secretariat immediately. The inspectors shall include
in the inspection report any such unresolved question, relevant clarifications, and a copy of any photographs taken.
Collection, handling and analysis of samples
52. Representatives of the inspected State Party or of the inspected facility shall take sam p les at the request of the inspection
tea m in the pres ence 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,
i n tegrity and preservati on of sam p l e s and for ensuring that the
confidentiality of samples transferred for analysis off-site is protected. The Director -General sha l l do so in a ccordance with
proc edure s , to be considered and approved by the Conf erence pursuant to Article VIII,
paragraph 21 (i), for inclusion in the inspection manual. He shall:
(a) Establish a stringent regime governing the collection, handling, transport and analysis of samples;
(b) Certify the laboratories designated to perform different types of analysis;
(c) Oversee the standardization of equipment and procedures at these designated laboratories, mobile analytical equipment
and procedures, and monitor quality control and overall standards in relation to the certification of these laboratories,
mobile equipment and procedures; and
(d) Select from among the designated laboratories those which shall perform analytical or other functions in
relation to specific investigations.
57. When off-site analysis is to be performed, samples shall be analysed in at least two designated laboratories. The Technical
Secretariat shall ensure the expeditious processing of the analysis. The samples shall be accounted for by the Technical Secretariat
and any unused samples or portions thereof shall be returned to the Technical Secretariat.
58. The Technical Secretariat shall compile the results of the laboratory analysis of samples relevant to compliance with this
Convention and include them in the final inspection report. The Technical Secretariat shall include in the report detai led informati
on concerning the equipm ent and m ethodol ogy 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
ambigu ities. The inspection team shall provide to the representatives of the inspected Stat e Party it s prelim in ary fi ndi ngs
i n written form according to a standardized format, together with a list of any samples and copies of written infor mation 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 indicat
e that he has taken no tice o f the contents of the document, the representative of the inspected State Party
than 24 hours after the completion of the inspection.
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.
62. Not later than 10 days after the inspection, the inspectors shall prepare a factual, final report o n the activit ies cond
ucted by th em and on their fi ndi ngs. I t shall on ly con t ain fact s rel e v a n t t o comp liance wi th t h is Convention,
as provided for under the inspection mandate. The report shall also provide information as to the manner in which the State Party
inspected cooperat e d with the inspecti on team . D i ff eri ng ob servations made by inspectors m a y be attached to th e 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 Nati on al Aut h o r i t y an d th e in spect
ors not measure up to the standards required, the Director -General sh all approach the S t a t e Party for clarification.
65. If the uncertainties cannot be removed or the facts established are of a nature to suggest that obligations undertaken under
this Convention have not been met, the Director-General shall inform the Executive Council without delay.
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.
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 declare d and subj ec t to on-site
inspection pursu ant 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 d eclared 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 t h is Con v en tio n enter s i n t o f
o rce for the St ate Pa rty, 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 S t ate Party, except that the Executive C o uncil ma y dec i de that transitional verification arrangements, approved in accordance
with Part IV (A), paragraph 51 , of thi s Annex and includ ing a transition a l facility agreement, pr ovisions fo r verificati on
th rough on-site inspect i on 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 Part y, the Execut i ve Cou n cil may d e ci de that tran si tion a l veri ficati o n arrangements,
approved in accordance with Part IV (A), paragraph 51, of this Annex and including a transitional facility agreement, provisions
for verificat i on t h rou gh on -site in specti on and moni tori ng wi th 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).
photographs, plans and other information that it may wish to refer to in the course of subsequent inspections.
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 im pact 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 necessa ry maintenance
or replacement of equipment, or to adjust the coverage of the monitoring system as required.
16. If the monitoring system indicates any anomaly, the Technical Secretariat shall im mediately take action to de termine whether
this resu lted from equipment malfunction or activities at the facility. If, after this examination, the problem remains unresolved,
the Technical Secretariat shall immediately ascert ain the actual sit u ati on, includin g thro ugh immediat e on -sit e inspection
of, or visit to, the facility if necessary. The Technical Secretariat sh all r e po rt an y su ch pr ob lem i mme diately after
its detection to the inspected State Party which shall assist in its resolution.
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.
Chemical weapons
1. The declaration of chemical weapons by a State Party pursuant to Article III, paragraph 1 (a) (ii), shall include the following:
(a) The aggregate quantity of each chemical declared;
(b) The precise location of each chemical weapons storage facility, expressed by:
(i) Name;
(ii) Geographical coordinates; and
(iii) A detailed site diagram, including a boundary map and the location of bunkers/storage areas within the facility.
(c) The detailed inventory for each chemical weapons storage facility including:
(i) Chemicals defined as chemical weapons in accordance with
Article II;
(ii) Unfilled munitions, sub-munitions, devices and equipment defined as chemical weapons;
(iii) Equipment specially designed for use directly in connection with the employment of munitions, sub-munitions, devices
or equipment specified in sub-sub-paragraph (ii);
(iv) Chemicals specifically designed for use directly in connection with the employment of munitions, sub-munitions,
devices or equipment specified in sub-sub-paragraph (ii).
2. For the declaration of chemicals referred to in paragraph 1 (c) (i) the following shall apply:
(a) Chemicals shall be declared in accordance with the Schedules specified in the Annex on Chemicals;
(b) For a chemical not listed in the Schedules in the Annex on Chemicals the information required for possible assignment of the
chemical to the appropriate Schedule shall be provided, including the toxicity of the pure compound. For a precursor, the
toxicity and identity of the principal final reaction product(s) shall be provided;
(c) Chemicals shall be identified by chemical name in accordance with current International Union of Pure and Applied Chemistry
(IUPAC) nomenclature, structural formula and Chemical Abstracts Service registry number, if assigned. For a precursor, the
toxicity and identity of the principal final reaction product(s) shall be provided;
(d) In cases involving mixtures of two or more chemicals, each chemical shall be identified and the percentage of each shall be provided,
and the mixture shall be declared under the category of the most toxic chemical. If a component of a binary chemical weapon consists
of a mixture of two or more chemicals, each chemical shall be identified and the percentage of each provided;
product within the framework of the categories of chemical weapons referred to in paragraph 16. The following supplementary information
shall be provided for each type of binary chemical munition/device:
(i) The chemical name of the toxic end-product;
(ii) The chemical composition and quantity of each component; (iii) The actual weight ratio between the components;
(iv) Which component is considered the key component;
(v) The projected quantity of the toxic end-product calculated on a stoichiometric basis from the key component, assuming 100
per cent yield. A declared quantity (in tonnes) of the key component intended for a specific toxic end-product shall be
considered equivalent to the quantity (in tonnes) of this toxic end-product calculated on a stoichiometric basis assuming 100 per
cent yield.
(f) For multicomponent chemical weapons, the declaration shall be analogous to that envisaged for binary chemical weapons;
(g) For each chemical the form of storage, i.e. munitions, sub-munitions, devices, equipment or bulk containers and other containers
shall be declared. For each form of storage the following shall be listed:
(i) Type;
(ii) Size or calibre;
(iii) Number of items; and
(iv) Nominal weight of chemical fill per item.
(h) For each chemical the total weight present at the storage facility shall be declared;
(i) In addition, for chemicals stored in bulk, the percentage purity shall be declared, if known.
3. For each type of unfilled munitions, sub-munitions, devices or equipment, referred to in paragraph 1 (c) (ii), the information shall include:
(a) The number of items;
(b) The nominal fill volume per item; (c) The intended chemical fill.
Declarations of chemical weapons pursuant to Article III, paragraph 1 (a) (iii)
4. The declaration of chemical weapons pursuant to Article III, paragraph 1 (a) (iii), shall contain all information specified in paragraphs 1 to 3 above. It is the responsibility of the State Party on whose territory the chemical weapons are located to make appropriate arrangements with the other State to ensure that the declar ations are made. If the State Party on whose territory the chemical weapons are located is not able to fulfil its obligations under this paragraph, it shall state the reasons therefor.
Declarations of past transfers and receipts
5. A State Party that has transferred or received chemical weapons since 1 Jan- uary 1946 shall declare these transfers or receipts
pursuant to Article III, paragraph 1 (a) (iv), provided the amount transferred or received exceeded 1 tonne per chemical per year in bulk and/or munition form. This declaration
shall be made according to the inventory format specified in paragraphs 1
and 2. This de claration shall also i ndi cate th e supp lier and reci pient countries, the dates of the transfers or receipts and,
as precisely as possible, the curr ent location of the transferr ed item s. 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 de clare
whatever information is st i ll av ai lable to it and pro v id e 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 Arti cle III, paragraph 1 (a ) (v), shall provid e an overview of the entire national chemical weapons destruction programme of the State Party and i n fo rmatio
n o n the ef fo rts of t h e S t at e Par t y to ful f il th e destruct ion requirements contained in this Convention. The plan
shall specify:
(a) A general schedule for destruction, giving types and approximate quantities of chemical weapons planned to be destroyed
in each annual destruction period for each existing chemical weapons destruction facility and, if possible, for each planned
chemical weapons destruction facility;
(b) The number of chemical weapons destruction facilities existing or planned to be operated over the destruction period;
(c) For each existing or planned chemical weapons destruction facility: (i) Name and location; and
(ii) The types and approximate quantities of chemical weapons, and
the type (for example, nerve agent or blister agent) and
approximate quantity of chemical fill, to be destroyed;
(d) The plans and programmes for training personnel for the operation of destruction facilities;
(e) The national standards for safety and emissions that the destruction facilities must satisfy;
(f) Information on the development of new methods for destruction of chemical weapons and on the improvement of existing
methods;
(g) The cost estimates for destroying the chemical weapons; and
(h) Any issues which could adversely impact on the national destruction programme.
7. Not later than when submitting its declaration of chemical weapons, a State Party sha ll take s u ch me as ures 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 configure d to allow ready a ccess for verification
in ac cordance with paragraphs 37 to 49.
9. While a storage facility remains closed for any movement of chemical weapons out of the facility other than their
removal for destruction, a State Party may continue at the facility standard maintenance activities, including standard maintenance
of chemical weapons; safety monitoring and physical
security activities; and preparation of chemical weapons for destruction.
10. Maintenance activities of chemical weapons shall not include: (a) Replacement of agent or of munition bodies;
(b) Modification of the original characteristics of munitions, or parts or
components thereof.
11. All maintenance activities shall be subject to monitoring by the Technical
Secretariat.
Principles and methods for destruction of chemical weapons
12. "Destruction of chemical weapons" means a process by which chemicals are conv er ted i n an essen tiall y i rrevers
ible way to a for m un su itabl e 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 St ates Parties for undiminished security
during the destruction period; confidence- building in the early part of the destruction stage; gradual acquisition of experience
in the course of destroying chemical weapons; and applicability irrespective of the actual composition of the stockpiles and the
methods chosen for the destruction of the chemical weapons. The order of destruction is based on the principle of levelling out.
16. For the purpose of destruction, chemical weapons declared by each State
Party shall be divided into three categories:
Category l: Chemical weapons on the basis of Schedule 1 chemicals and their parts and components;
Category 2: Chemical weapons on the basis of all other chemicals and their parts and components;
Category 3: Unfilled munitions and devices, and equipment specifically designed for use directly in connection with employment
of chemical weapons.
17. A State Party shall start:
(a) The destruction of Category 1 chemical weapons not later than two years after this Convention enters into force for it, and
shall complete the destruction not later than 10 years after entry into force of this Convention. A State Party shall
destroy chemical weapons in
accordance with the following destruction deadlines:
(i) Phase 1: Not later than two years after entry into force of this Convention, testing of its first destruction facility
shall be completed. Not less than 1 per cent of the Category 1 chemical weapons shall be destroyed not later than three years
after the entry into force of this Convention;
(ii) Phase 2: Not less than 20 per cent of the Category 1 chemical weapons shall be destroyed not later than five years after the
entry into force of this Convention;
(iii) Phase 3: Not less than 45 per cent of the Category 1 chemical weapons shall be destroyed not later than seven years after
the entry into force of this Convention;
(iv) Phase 4: All Category 1 chemical weapons shall be destroyed not later than 10 years after the entry into force of this Convention.
(b) The destruction of Category 2 chemical weapons not later than one year after this Convention enters into force for it and shall
complete the destruction not later than five years after the entry into force of this Convention. Category 2 chemical weapons shall
be destroyed in equal annual increments throughout the destruction period. The comparison factor for such weapons is the weight
of the chemicals within Category
2; and
(c) The destruction of Category 3 chemical weapons not later than one year after this Convention enters into force for it, and shall
complete the destruction not later than five years after the entry into force of this Convention.. Category 3 chemical weapons
shall be destroyed in equal annual increments throughout the destruction period. The comparison factor for unfilled munitions and
devices is expressed in nominal fill volume (m3) and for equipment in number of items.
18. For the destruction of binary chemical weapons the following shall apply:
(a) For the purposes of the order of destruction, a declared quantity (in tonnes) of the key component intended for a specific toxic
end-product shall be considered equivalent to the quantity (in tonnes) of this toxic end-product calculated on a stoichiometric
basis assuming 100 per cent yield.
(b) A requirement to destroy a given quantity of the key component shall entail a requirement to destroy a corresponding quantity
of the other component, calculated from the actual weight ratio of the components in the relevant type of binary chemical munition/device.
(c) If more of the other component is declared than is needed, based on the actual weight ratio between components, the excess shall
be destroyed over the first two years after destruction operations begin.
(d) At the end of each subsequent operational year a State Party may retain an amount of the other declared component that is determined
on the basis of the actual weight ratio of the components in the relevant type of binary chemical munition/device.
19. For multicomponent chemical weapons the order of destruction shall be analogous to that envisaged for binary chemical
weapons.
Modification of intermediate destruction deadlines
20. The Executive Council shall review the general plans for destruction of chemical weapons, submitted pursuant to Article III,
paragraph 1 (a) (v), and in accordance with paragraph 6, inter al ia, to assess their conformity with the order of destruction set forth in paragraphs 15 to 19. The Executive Council shall consult with
any State Party whose plan does not conform, with the objective of bringing the plan into conformity.
21. If a State Party, due to exceptional circumstances beyond its control, believes that it cannot achieve the level
of destruction specified for Phase l, Ph ase 2 or Phase 3 of the o r der o f d e st ructi on of Catego ry 1 chemi c al 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 ab l e t o fu lf i l i t s o b l ig at io n to meet th e n e xt in
t e rm ed iat e d e str u ct io n deadline.
23. If an extension is granted, the State Party shall still be under the obligation to m e et the cumulative d e structi on req
u iremen ts set forth for th e next destruction deadline. Extensions granted pursuant to this Section shall not, in any way, modify
the obligation of the State Party to destroy all Category 1 chemical weapons not later than 10 years after the entry into force of
this Convention.
Extension of the deadline for completion of destruction
24. If a State Party believes that it will be unable to ensure the destruction of all Category 1 chemical weapons not later than
10 years after the entry into force of this Convention, it may submit a request to the Executive Council for an extension of the
deadline for completing th e destruction of such chemical weapons. Such a request must be made not later than nine years after the
entry into force of this Convention.
25. The request shall contain:
(a) The duration of the proposed extension;
(b) A detailed explanation of the reasons for the proposed extension; and
(c) A detailed plan for destruction during the proposed extension and the remaining portion of the original 10-year period for destruction.
26. A decision on the request shall be taken by the Conference at its next session, on the recommendation of the Executive
Council. Any extension shall be the minimum necessary, but in no case shall the deadline for a State Par t y to co mp lete it s d
e stru cti o n o f a l l chemica l 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
to b e t a ke n by t h e St at e Pa rt y to o v e r co m e p r ob lem s in i t s dest ruct io n p r ogramme. Costs of verificatio
n durin g the ext e nsion perio d 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 destructio n in accordance wit h pa ragraph
29 and annual repo rts 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 sh all repo rt t o th e Exe c uti v e Co unci l on i t s d e struct io n acti vi ty. 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 eac
h annual de struction pe riod begins pursuant to Article IV, paragraph 7 (a), and shall specify:
(a) The quantity of each specific type of chemical weapon to be destroyed at each destruction facility and the inclusive dates when
the destruction of each specific type of chemical weapon will be accomplished;
(b) The detailed site diagram for each chemical weapons destruction facility and any changes to previously submitted diagrams;
and
(c) The detailed schedule of activities for each chemical weapons destruction facility for the upcoming year, identifying
time required for design, construction or modification of the facility, installation of equipment, equipment check-out
and operator training, destruction operations for each specific type of chemical weapon, and scheduled periods of inactivity.
30. A State Party shall provide, for each of its chemical weapons destruction facilities, detailed facility information to assist
the Technical Secretariat in developing preliminary inspection procedures for use at the facility.
31. The detailed facility information for each destruction facility shall include the following information:
(a) Name, address and location;
(b) Detailed, annotated facility drawings;
(c) Facility design drawings, process drawings, and piping and instrumentation design drawings;
(d) Detailed technical descriptions, including design drawings and instrument specifications, for the equipment required
for: removing the chemical fill from the munitions, devices, and containers; temporarily storing the drained chemical fill; destroying
the chemical agent; and destroying the munitions, devices, and containers;
(e) Detailed technical descriptions of the destruction process, including material flow rates, temperatures and pressures,
and designed destruction efficiency;
(f) Design capacity for each specific type of chemical weapon;
(g) A detailed description of the products of destruction and the method of their ultimate disposal;
(h) A detailed technical description of measures to facilitate inspections in accordance with this Convention;
(i) A detailed description of any temporary holding area at the destruction facility that will be used to provide chemical weapons
directly to the destruction facility, including site and facility drawings and information on the storage capacity for each specific
type of chemical weapon to be destroyed at the facility;
(j) A detailed description of the safety and medical measures in force at the facility;
(k) A detailed description of the living quarters and working premises for the inspectors; and
(l) Suggested measures for international verification.
32. A State Party shall provide, for each of its chemical weapons destruction facilities, the plant operations manuals, the safety
and medical plans, the laboratory operations and quality assurance and control manuals, and the environmental permits that have
been obtained, except that this shall not include material previously provided.
33. A State Party shall promptly notify the Technical Secretariat of any d e v e lo pments that co uld affect insp ecti
on acti viti es at it s dest ructi o n 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 fa cility, the Technical Se cretariat, if
the need arise s , shall enter into consultation with the St ate Party con cerned in order to ensure that its chemical weapons
destruction facili ties are designed to assure the destru ct ion of ch em ical weapons, to al low ad vanced pl anning 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 Arti cl e IV, paragraph 7 ( b), not l at er than 6 0 days after t he end of each annual destruction period and shall specify the actual amounts of chemical weapons which were destroyed during the previous year at each destruction facility. If appropriate, reasons for not meeting destruction goals should be stated.
Verification of declarations of chemical weapons through on-site inspection
37. The purpose of the verification of declarations of chemical weapons shall be t o co nfi r m thr oug h on -sit e in spectio
n the accur a cy of t h e rel e v a nt declarations made pursuant to Article III.
su b mit ted . Th ey shal l, in ter ali a , veri fy t h e qu an ti ty an d id ent i t y of chemicals, types and number of munitions, devices and other equipment.
39. The inspectors shall employ, as appropriate, agreed seals, markers or other i nvent ory con t rol pro c edur es t o facilit
ate an accu rat e invent ory of t h e chemical weapons at each storage facility.
40. As the inventory progresses, inspectors shall install such agreed seals as may be necessary to clearly indicate if any stocks
are removed, and to ensure the securing of the storage facility during the inventory. After completion of the inventory, such seals
will be removed unless otherwise agreed.
Systematic verification of storage facilities
41. The purpose of the systematic verification of storage facilities shall be to ensure that no undetected removal of chemical
weapons from such facilities takes place.
42. The systematic verification shall be initiated as soon as possible after the declaration of chemical weapons is submitted
and shall continue until all chemical weapons have been removed from the storage facility. It shall in accor dance with the f aci
lity agreement , co mbin e on-sit e 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 f aci lity is to be i nsp ected. The gui delines for determ ining the frequency
o f system atic on-si te in spec tio ns shall be elaborat ed by the Techni cal Secr et ariat, taki ng in to ac count the recommenda
t ions to be considered and approved by the Conf erence 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 vi sits. In cases
of inspecti ons or visits to re solve urgent problems, this period may be shortened. The Technical Secretariat shall specify the
purpose of the inspection or visit.
46. The inspected State Party shall make any necessary preparations for the arrival of the inspectors and shall ensure their
expeditious transportation from their point of entry to the storage facility. The facility agreement will specify administrative
arrangements for inspectors.
47. The inspected State Party shall provide the inspection team upon its arrival at the chemical weapons storage facility to carry
out an inspection, with the following data on the facility:
(a) The number of storage buildings and storage locations;
(b) For each storage building and storage location, the type and the identification number or designation, shown on the
site diagram; and
(c) For each storage building and storage location at the facility, the number of items of each specific type of chemical weapon,
and, for containers that are not part of binary munitions, the actual quantity of chemical fill in each container.
48. In carrying out an inventory, within the time available, inspectors shall have the right:
(a) To use any of the following inspection techniques:
(i) inventory all the chemical weapons stored at the facility;
(ii) inventory all the chemical weapons stored in specific buildings or locations at the facility, as chosen by the inspectors;
or
(iii) inventory all the chemical weapons of one or more specific types stored at the facility, as chosen by the inspectors; and
(b) To check all items inventoried against agreed records.
49. Inspectors shall, in accordance with facility agreements:
(a) Have unimpeded access to all parts of the storage facilities including any munitions, devices, bulk containers, or other
containers therein. While conducting their activity, inspectors shall comply with the safety regulations at the facility. The items
to be inspected will be chosen by the inspectors; and
(b) Have the right, during the first and any subsequent inspection of each chemical weapons storage facility, to designate munitions,
devices, and containers from which samples are to be taken, and to affix to such munitions, devices, and containers, a unique tag
that will indicate an attempt to remove or alter the tag. A sample shall be taken from a tagged item at a chemical weapons
storage facility or a chemical weapons destruction facility as soon as it is practically possible in accordance
with the corresponding destruction programmes, and, in any case, not later than by the end of the destruction operations.
Systematic verification of the destruction of chemical weapons
50. The purpose of verification of destruction of chemical weapons shall be:
(a) To confirm the identity and quantity of the chemical weapons stocks to be destroyed; and
(b) To confirm that these stocks have been destroyed.
51. Chemical weapons destruction operations during the first 390 days after the en tr y i n t o fo rce of t h is Con v e n t io
n sh all b e go ver n ed by t r an si ti on al verification arrangements. Such arrangements, in cluding 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 arra ngements, shall be agreed between the Or ganization and the inspected S t at e Part y. These arrangem e nts
sh all b e approved by th e 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 guideline s for such tra n sitional veri fi cat io n arran g em en ts, base d on recommendations to be considered
and approved by the Conference pursuant to Article VIII, paragraph 21 (i). The transitional verification arrangements
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 i n fo rmatio n, and as th e case may b e
, on ex perience fro m pr ev iou s ins p e c tions, the Technical Secretaria t 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 com m
ent not less than 270 days before the facility begins destruction operati ons pursu ant to thi s Co nventi on. Any dif f erences
between the Technical Secretariat and the inspect ed St ate Party sh ould be re so lved 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 day s b efore e ach facil it y b egi ns dest ruct io n op erati on s p ursu ant t o th is 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 decontaminat e th e f acili ty bef o r e th e 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
d e struct ion are consiste nt wi th verification aims and are efficient and practical. This review should be completed not less
than 180 days before the destruction period begins.
57. Each member of the Executive Council may consult with the Technical Secretariat on any issues regarding the adequacy
of the plan for verification. If there are no objections by any member of the Executive Council, the plan shall be put into action.
58. If there are any difficulties, the Executive Council shall enter into cons ultations with the St ate Party to
reconcile them. If any diff ic ulties remain unresolved they shall be referred to the Conference.
59. The detailed facility agreements for chemical weapons destruction facilities shall specify, tak i ng into account th e specific
characterist i cs 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 pu rpo s e of sup e rv isin g t h e i n stal lation of the inspection equipment, i n sp ecti n g th is equ i pmen
t an d test in g 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 b e en initiated, destru ct ion op erations shall
be sto pped fo r 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 t a g g ed items are being m oved, and the metho
d 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 dest ructio n facility and the stori ng of
th ese chemical weapons. Th e inspectors shall verify the invent ory of each shipment, using agreed p r ocedu r es con s isten
t wit h faci li ty safety regu lati on s, p r io r t o th e destruction of the chemical weapons. They shall employ, as appropriate,
agreed seals, markers or other inventory control procedures to facilitate an accurate inventory of the chemical weapons prior to
destruction.
63. As soon and as long as chemical weapons are stored at chemical weapons storage facilities located at chemical weapons destruction
facilities, these storage facilities shall be subject to systematic verification in conformity with the relevant facility agreements.
64. At the end of an active destruction phase, inspectors shall make an inventory of the chemical weapons, that have been removed
from the storage facility, to be destroyed. They sh all verify the accuracy of the inventory of the chemical weapons remaining,
employing inventory control procedures as referred to in paragraph 62.
Syste m at ic on -si t e verific a ti on m easur es 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 faci liti es lo cated at such facilit ies d u ring the enti re active ph ase of destruction.
66. At each chemical weapons destruction facility, to provide assurance that no chemical weapons are diverted and that the destruction
process has been completed, inspectors shall have the right to verify through their physical presence and monitoring with on-site
instruments:
(a) The receipt of chemical weapons at the facility;
(b) The temporary holding area for chemical weapons and the specific type and quantity of chemical weapons stored in that area;
(c) The specific type and quantity of chemical weapons being destroyed; (d) The process of destruction;
(e) The end-product of destruction;
(f) The mutilation of metal parts; and
(g) The integrity of the destruction process and of the facility as a whole.
67. Inspectors shall have the right to tag, for sampling, munitions, devices, or containers located in the temporary holding areas
at the chemical weapons destruction facilities.
68. To the extent that it meets inspection requirements, information from routine facility operations, with appropriate data authentication,
shall be used for inspection purposes.
69. After the completion of each period of destruction, the Technical Secretariat shall confirm the declaration of the State Party,
reporting the completion of destruction of the designated quantity of chemical weapons.
70. Inspectors shall, in accordance with facility agreements:
(a) Have unimpeded access to all parts of the chemical weapons destruction facilities and the chemical weapons storage facilities
located at such facilities, including any munitions, devices, bulk containers, or other containers, therein. The items to be inspected
shall be chosen by the inspectors in accordance with the verification plan that has been agreed to by the inspected State Party
and approved by the Executive Council;
(b) Monitor the systematic on-site analysis of samples during the destruction process; and
(c) Receive, if necessary, samples taken at their request from any devices, bulk containers and other containers at the destruction
facility or the storage facility thereat.
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.
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 f or 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 St ate Party sha l l 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 int o force for it shall submit t o the Te
chnical Secretari a t th e informati on sp eci f ied in parag r aph 3 n o t later than 180 days after the discovery of the old
chemical weapons.
5. The Technical Secretariat shall conduct an initial inspection, and any further inspections as may be necessary, in order to
verify the information submitted pursuant to paragraphs 3 and 4 and in particular to determine whether the chemical weapons meet
the definition of old chemical weapons as specified in Article II, paragraph 5. Guidelines to determine the usability of chemical
weapons produced between 1925 and 1946 shall be considered and approved by the Conference pursuant to Article VIII, paragraph 21
(i).
6. A State Party shall treat old chemical weapons that have been confirmed by the Technical Secretariat as meeting the definition
in Article II, paragraph 5 (a), as toxic waste. It shall inform the Technical Secretariat of the steps being taken to destroy or otherwise dispose of such old
chemical weapons as toxic waste in accordance with its national legislation.
7. Subject to paragraphs 3 to 5, a State Party shall destroy old chemical weapons that have been confirmed by the
Technical Secretariat as meeting the definition in Article II, paragraph 5 (b), in accordance with Article IV and Part IV (A) of this Annex. Upon request of a State Party, the Executive Council may, however,
modify the provisions on time-limit and order of destruction of these old chemical weapons, if it determines that doing so would
not pose a risk to the object and purpose of this Convention. The request shall contain specific proposals for modification of the
provisions and a detailed explanation of the reasons for the proposed modification.
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 inform ation 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 availa ble 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, su bmit to t h
e Techni cal Secret ari a t al l available relevant info rmat ion concerning the abandone d chemica l we apons. This information
shall include, to the extent possible, the location, ty pe, quantity as well as i n formation on th e abandonment, and t h e con
d itio n of t h e abandon ed 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 th is Ann ex is req ui red . It sh all , if n ecessar y, v eri fy t he or
ig in of t he a b a n doned chemic al we apons a n d es ta blis h 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 St a t e Pa rty de c l ar ed by the Te rr itori al St ate 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 righ t to settle the matter in accord ance with provision s of this Conv enti on or brin g t h e issue t o t h e Ex ecuti
ve Coun cil wi th a vi ew t o settling the matter expeditiously.
13. Pursuant to Article I, paragraph 3, the Territorial State Party shall have the ri gh t to r e qu est th e S t ate Part y wh
i c h has been estab l i s hed as th e Abandoning S t ate Part y pursuant to paragraphs 8 to 1 2 to enter i n to consultations
for the purpose of destroying the abandoned chemical weapons in cooperation with the Territorial State Party. It shall immediately
inform the Technical Secretariat of this request.
14. Consultations between the Territorial State Party and the Abandoning State Party with a view to establishing a mutually agreed
plan for destruction shall b e g i n n o t later than 30 d a y s aft e r the Te chni cal Secret ari a t 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 Te ch nical Secreta r iat 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 re quest o f the Te r r ito ri al St ate Part y, ind i v i d u all y or t oge ther w i t h 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 aband oned chem ical w eapon s whi
c h do no t m eet t h e d e fin itio n o f o l d 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. Th e Executive Council m ay, u pon request of th e Territorial State Party, i ndi vi du al ly or to
geth er w i t h t h e A b and o n i n g St ate Part y, d e ci de t h at selected provisions of such agreements or arrangements take
precedence over p r ovision s o f th is Section, if it determines that the agreement or arrangement ensures the destruction of
the abandoned chemical weapons in accordance with paragraph 17.
Declarations of chemical weapons production facilities
1. The declaration of chemical weapons production facilities by a State Party pursuant to Article III, paragraph 1 (c) (ii), shall contain for each facility:
(a) The name of the facility, the names of the owners, and the names of the companies or enterprises operating the facility since
1 January 1946;
(b) The precise location of the facility, including the address, location of the complex, location of the facility within the complex
including the specific building and structure number, if any;
(c) A statement whether it is a facility for the manufacture of chemicals that are defined as chemical weapons or whether it is a
facility for the filling of chemical weapons, or both;
(d) The date when the construction of the facility was completed and the periods during which any modifications to the facility
were made, including the installation of new or modified equipment, that significantly changed the production
process characteristics of the facility;
(e) Information on the chemicals defined as chemical weapons that were manufactured at the facility; the munitions, devices, and
containers that were filled at the facility; and the dates of the beginning and cessation of such manufacture or filling:
(i) For chemicals defined as chemical weapons that were manufactured at the facility, such information shall
be expressed in terms of the specific types of chemicals manufactured, indicating the chemical name in accordance
with the current International Union of Pure and Applied Chemistry (IUPAC) nomenclature, structural formula, and the
Chemical Abstracts Service registry number, if assigned, and in terms of the amount of each chemical expressed by weight of chemical
in tonnes;
(ii) For munitions, devices and containers that were filled at the facility, such information shall be expressed
in terms of the specific type of chemical weapons filled and the weight of the chemical fill per unit;
(f) The production capacity of the chemical weapons production facility:
(i) For a facility where chemical weapons were manufactured, production capacity shall be expressed in terms of the
annual quantitative potential for manufacturing a specific substance on the basis of the technological process actually used or,
in the case of processes not actually used, planned to be used at the facility;
(ii) For a facility where chemical weapons were filled, production capacity shall be expressed in terms of the quantity of chemical
that the facility can fill into each specific type of chemical weapon a year;
(g) For each chemical weapons production facility that has not been destroyed, a description of the facility including:
(i) A site diagram;
(ii) A process flow diagram of the facility; and
(iii) An inventory of buildings at the facility, and specialized equipment at the facility and of any spare
parts for such equipment;
(h) The present status of the facility, stating:
(i) The date when chemical weapons were last produced at the facility;
(ii) Whether the facility has been destroyed, including the date and manner of its destruction; and
(iii) Whether the facility has been used or modified before entry into force of this Convention for an activity not related
to the production of chemical weapons, and if so, information on what modifications have been made, the date such non-chemical
weapons related activity began and the nature of such activity, indicating, if applicable, the kind of product;
(i) A specification of the measures that have been taken by the State Party for closure of, and a description of the measures that
have been or will be taken by the State Party to inactivate the facility;
(j) A description of the normal pattern of activity for safety and security at the inactivated facility; and
(k) A statement as to whether the facility will be converted for the destruction of chemical weapons and, if so,
the dates for such conversions.
Declarations of chemical weapons production facilities pursuant to A rt icle 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 ab ove . It i s th e respo n si bility of the St ate 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 pur su ant to Ar ticle I I I , p a r a graph 1 ( c ) (iv), and in ac cordance with paragraph 5 below. When not all the specified information is available for transfer and receipt of
such equipment for the period between 1 January
1946 and 1 January 1970, the State Party shall declare whatever information is still available to it and provide an explanation as
to why it cannot submit a
full declaration.
4. Chemical weapons production equipment referred to in paragraph 3 means: (a) Specialized equipment;
(b) Equipment for the production of equipment specifically designed for
use directly in connection with chemical weapons employment; and
(c) Equipment designed or used exclusively for producing non-chemical parts for chemical munitions.
5. The declaration concerning transfer and receipt of chemical weapons production equipment shall specify:
(a) Who received/transferred the chemical weapons production equipment; (b) The identity of such equipment;
(c) The date of transfer or receipt;
(d) Whether the equipment was destroyed, if known; and
(e) Current disposition, if known.
Submission of general plans for destruction
6. For each chemical weapons production facility, a State Party shall supply the following information:
(a) Envisaged time-frame for measures to be taken; and
(b) Methods of destruction.
7. For each chemical weapons production facility that a State Party intends to convert temporarily into a chemical weapons destruction
facility, the State Party shall supply the following information:
(a) Envisaged time-frame for conversion into a destruction facility;
(b) Envisaged time-frame for utilizing the facility as a chemical weapons destruction facility;
(c) Description of the new facility;
(d) Method of destruction of special equipment;
(e) Time-frame for destruction of the converted facility after it has been utilized to destroy chemical weapons; and
(f) Method of destruction of the converted facility.
Submission of annual plans for destruction and annual reports on destruction
8. The State Party shall submit an annual plan for destruction not less than 90 days before the beginning of the coming destruction
year. The annual plan shall specify:
(a) Capacity to be destroyed;
(b) Name and location of the facilities where destruction will take place;
(c) List of buildings and equipment that will be destroyed at each facility;
and
(d) Planned method(s) of destruction.
9. A State Party shall submit an annual report on destruction not later than 90 days after the end of the previous destruction
year. The annual report shall specify:
(a) Capacity destroyed;
(b) Name and location of each facility where destruction took place;
(c) List of buildings and equipment that were destroyed at each facility; (d) Methods of destruction.
10. For a chemical weapons production facility declared pursuant to Article III, paragraph 1 (c) (iii), it is the responsibility of the State Party on whose territory the facility is or has been located to make appropriate arrangements
to ensure that the declarations specified in paragraphs 6 to 9 above are made. If the State Party on whose territory the facility
is or has been located is not able to fulfil this obligation, it shall state the reasons therefor.
General principles for destruction of chemical weapons production facilities
11. Each State Party shall decide on methods to be applied for the destruction of chemical weapons production facilities, according to the principles laid down in Article V and in this Part.
Principles and methods for closure of a chemical weapons production facility
12. The purpose of the closure of a chemical weapons production facility is to render it inactive.
13. Agreed measures for closure shall be taken by a State Party with due regard to the specific characteristics of each facility.
Such measures shall include, inter alia:
(a) Prohibition of occupation of the specialized buildings and standard buildings of the facility except for agreed activities;
(b) Disconnection of equipment directly related to the production of chemical weapons, including, inter alia, process control equipment and utilities;
(c) Decommissioning of protective installations and equipment used exclusively for the safety of operations of
the chemical weapons production facility;
(d) Installation of blind flanges and other devices to prevent the addition of chemicals to, or the removal of chemicals from, any
specialized process equipment for synthesis, separation or purification of chemicals defined as a chemical weapon, any storage
tank, or any machine for filling chemical weapons, the heating, cooling, or supply of electrical or other forms of power to such
equipment, storage tanks, or machines; and
(e) Interruption of rail, road and other access routes for heavy transport to the chemical weapons production facility except
those required for agreed activities.
14. While the chemical weapons production facility remains closed, a State
Party may continue safety and physical security activities at the facility.
Technical m aintenance of chemical weapons production facilities prior to their destruction
15. A State Party may carry out standard maintenance activities at chemical weap ons production faci lities only for safety reasons,
including vi sual inspection, preventive maintenance, and routine repairs.
16. All planned maintenance activities shall be specified in the general and detailed plans for destruction. Maintenance
activities shall not include:
(a) Replacement of any process equipment;
(b) Modification of the characteristics of the chemical process equipment; (c) Production of chemicals of any type.
17. All maintenance activities shall be subject to monitoring by the Technical
Secretariat.
Principles and methods for temporary conversion of chemical weapons production facilities into chemical weapons destruction facilities
18. Measures pertaining to the temporary conversion of chemical weapons producti on facili ties i n to chem ical weap ons
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 productio
n than a chem ical weap on s pro duc ti on facil i t y whi c h ha s be en clo s ed and i s u nde r maintenance. Its reactivation
shall require no less time than that required for a chemical weapons production facility that has been closed and is under maintenance.
23. Converted chemical weapons production facilities shall be destroyed not later than 10 years after entry into force of this
Convention.
24. Any measures for the conversion of any given chemical weapons production facil ity shall be faci lit y-sp ecifi c and shall
dep e nd upo n i t s i ndiv i du al characteristics.
25. The set of measures carried out for the purpose of converting a chemical weapons production facility into a chemical weapons
destruction facility sh all n o t be less t h an t h at wh ich is prov ided for t h e disab l i ng of o t h e r chemical weapons
production facilities to be carried out not later than 90 days after this Convention enters into force for the State Party.
Principles and methods related to destruction of a chemical weapons production facility
26. A State Party shall destroy equipment and buildings covered by the definition of a chemical weapons production
facility as follows:
(a) All specialized equipment and standard equipment shall be physically destroyed;
(b) All specialized buildings and standard buildings shall be physically destroyed.
27. A State Party shall destroy facilities for producing unfilled chemical munitions and equipment for chemical weapons
employment as follows:
(a) Facilities used exclusively for production of non-chemical parts for chemical munitions or equipment specifically designed
for use directly in connection with chemical weapons employment, shall be declared and destroyed. The destruction process and
its verification shall be conducted according to the provisions of Article V and this Part of this Annex that govern destruction
of chemical weapons production facilities;
(b) All equipment designed or used exclusively for producing non-chemical parts for chemical munitions shall be physically
destroyed. Such equipment, which includes specially designed moulds and metal- forming dies, may be brought to a special
location for destruction;
(c) All buildings and standard equipment used for such production activities shall be destroyed or converted for purposes
not prohibited under this Convention, with confirmation, as necessary, through consultations and inspections as provided
for under Article IX;
(d) Activities for purposes not prohibited under this Convention may continue while destruction or conversion proceeds.
Order of destruction
28. The order of destruction of chemical weapons production facilities is based on the obl igat ion s specified in Articl e I and
the other Articles of this Convention, including obligations regarding systematic on-site verification. It takes into account interests
of States Parties for undiminished security during the destruction period; confidence-building in the early part of the destruct
ion stage; gradual acquisiti on of experience in the cou r se of dest ro yi ng ch em ical w eapo n s prod uc ti on f a ci li ti
es; and ap pl i c ab il it y irrespective of the actual characteristics of the facilities and the methods chosen for their d e stru
cti on. The o r der of d e stru cti on i s based o n th e principle of levelling out.
29. A State Party shall, for each destruction period, determine which chemical weapons product i on faciliti es are to b e dest
royed and carry ou t the destruction in such a way that not more than what is specified in paragraphs
30 and 31 remains at the end of each destruction period. A State Party is not precluded from destroying its facilities at a faster
pace.
30. The following provisions shall apply to chemical weapons production facilities that produce Schedule 1 chemicals:
(a) A State Party shall start the destruction of such facilities not later than one year after this Convention enters into
force for it, and shall complete it not later than 10 years after entry into force of this Convention. For a State
which is a Party at the entry into force of this Convention, this overall period shall be divided into three separate destruction
periods, namely, years 2-5, years 6-8, and years 9-10. For States which become a Party after entry into force of this Convention,
the destruction periods shall be adapted, taking into account paragraphs
28 and 29;
(b) Production capacity shall be used as the comparison factor for such facilities. It shall be expressed in agent tonnes, taking
into account the rules specified for binary chemical weapons;
(c) Appropriate agreed levels of production capacity shall be established for the end of the eighth year after entry into force of
this Convention. Production capacity that exceeds the relevant level shall be destroyed in equal increments during the first two
destruction periods;
(d) A requirement to destroy a given amount of capacity shall entail a requirement to destroy any other chemical weapons
production facility that supplied the Schedule 1 facility or filled the Schedule 1 chemical produced there into munitions or devices;
(e) Chemical weapons production facilities that have been converted temporarily for destruction of chemical weapons shall
continue to be subject to the obligation to destroy capacity according to the provisions of this paragraph.
31. A State Party shall start the destruction of chemical weapons production facilities not covered in paragraph 30 not later
than on e 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 s t arts, a St ate Party
shall provide to the Technical Secretariat the detailed plans for destruction of the facility, including proposed measures for
verification of destruction referred to in paragraph 33 (f), with respect to, inter alia:
(a) Timing of the presence of the inspectors at the facility to be destroyed;
and
(b) Procedures for verification of measures to be applied to each item on the declared inventory.
33. The detailed plans for destruction of each chemical weapons production facility shall contain:
(a) Detailed time schedule of the destruction process; (b) Layout of the facility;
(c) Process flow diagram;
(d) Detailed inventory of equipment, buildings and other items to be destroyed;
(e) Measures to be applied to each item on the inventory; (f) Proposed measures for verification;
(g) Security/safety measures to be observed during the destruction of the facility; and
(h) Working and living conditions to be provided for inspectors.
34. If a State Party intends to convert temporarily a chemical weapons production facility into a chemical weapons destruction
facility, it shall notify the Technical Secretariat not less than 150 days before undertaking any conversion activities. The notification
shall:
(a) Specify the name, address, and location of the facility;
(b) Provide a site diagram indicating all structures and areas that will be involved in the destruction of chemical weapons and
also identify all structures of the chemical weapons production facility that are to be temporarily converted;
(c) Specify the types of chemical weapons, and the type and quantity of chemical fill to be destroyed;
(d) Specify the destruction method;
(e) Provide a process flow diagram, indicating which portions of the production process and specialized equipment will be
converted for the destruction of chemical weapons;
(f) Specify the seals and inspection equipment potentially affected by the conversion, if applicable; and
(g) Provide a schedule identifying: The time allocated to design, temporary conversion of the facility, installation of equipment,
equipment check out, destruction operations, and closure.
35. In relation to the destruction of a facility that was temporarily converted for destruction of chemical weapons, information
shall be provided in accordance with paragraphs 32 and 33.
Review of detailed plans
36. On the basis of the detailed plan for destruction and proposed measures for verification submitted by the State Party, and
on experience from previous inspections, the Technical Secretariat shall prepare a plan for verifying the destruction of the facility,
consulting closely with th e St ate Part y. An y differences between the Technical Secretariat and the State Party concerning app
r opr iate measu r es sh ou ld be re solv ed th rou gh co nsul tatio ns. Any unresolved m a tters shall be forwar d e d to the Execut
ive 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 com b ined pl ans for destructio n and v e rification
shall be agreed upon between the Executive Council and the State Party. This agreement should be com p let e d, no t less th an
6 0 days b e fo re the plan ned in iti atio n 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 consulta tions with th e St ate Party to
reconcile them. If any diff iculti es remain unresolved they shall be referred to the Conference. The resolution of any differences
over methods of destruction shall not delay the execution of other parts of the destruction plan that are acceptable.
40. If agreement is not reached with the Executive Council on aspects of verification, or if the approved verification
plan cannot be put into action, verification of destruction shall proceed through continuous monitoring with on-site instruments
and physical presence of inspectors.
41. Destruction and verification shall proceed according to the agreed plan. The
be conduct ed through the presence of inspecto r s on-sit e to w itness the destruction.
42. If required verification or destruction actions are not taken as planned, all
States Parties shall be so informed.
Verification of declarations of chemical weapons production facilities through on- site inspection
43. The Technical Secretariat shall conduct an initial inspection of each chemical weapons production facility in the
period between 90 and 120 days after this Convention enters into force for the State Party.
44. The purposes of the initial inspection shall be:
(a) To confirm that the production of chemical weapons has ceased and that the facility has been inactivated in accordance with this
Convention;
(b) To permit the Technical Secretariat to familiarize itself with the measures that have been taken to cease production
of chemical weapons at the facility;
(c) To permit the inspectors to install temporary seals;
(d) To permit the inspectors to confirm the inventory of buildings and specialized equipment;
(e) To obtain information necessary for planning inspection activities at the facility, including use of tamper-indicating seals
and other agreed equipment, which shall be installed pursuant to the detailed facility agreement for the facility; and
(f) To conduct preliminary discussions regarding a detailed agreement on inspection procedures at the facility.
45. Inspectors shall employ, as appropriate, agreed seals, markers or other i nvent ory con t rol pro c edur es t o facilit
ate an accu rat e invent ory of t h e declared items at each chemical weapons production facility.
46. Inspectors shall install such agreed devices as may be necessary to indicate i f any resumpt i on of pro ducti on of chemical
w e apo n s o c curs or i f any declared item is removed. They shall take the necessary precaution not to hinder closure activities
by the inspected State Party. Inspectors may return to maintain and verify the integrity of the devices.
47. If, on the basis of the initial inspection, the Director-General believes that additional measures are necessary to inactivate
the facility in accordance with this Convention, the Director-General may request, not later than 135 days afte r this Conv ention
enters into force for a State Party, tha t such measures be implemented by the inspected State Party not later than 180 days after
th is Conventio n en ters in to force for it. At its discretion, the inspected St ate Part y m a y satisfy the r e quest. 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
chem ical weap ons or r em ov al of declar ed i tems w ill be det ected at thi s facility.
49. The detailed facility agreement for each chemical weapons production facility shall specify:
(a) Detailed on-site inspection procedures, which may include: (i) Visual examinations;
(ii) Checking and servicing of seals and other agreed devices; and
(iii) Obtaining and analysing samples;
(b) Procedures for using tamper-indicating seals and other agreed equipment to prevent the undetected reactivation
of the facility, which shall specify:
(i) The type, placement, and arrangements for installation; and
(ii) The maintenance of such seals and equipment; and
(c) Other agreed measures.
50. The seals or other approved equipment provided for in a detailed agreement on inspection measures for that facility shall be
placed not later than 240 days after this Convention enters into force for a State Party. Inspectors shall be permi tt ed t o visi
t eac h ch emi cal weap ons produ cti on faci li ty fo r the installation of such seals or equipment.
51. During each calendar year, the Technical Secretariat shall be permitted to conduct up to four inspections of each chemical
weapons production facility.
52. The Director-General shall notify the inspected State Party of his decision to inspect or visit a chemical weapons production
facility 48 hours before the planned arrival of the inspecti on team at the facility for systemat ic 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 Art i cl e VIII, pa ra grap h 21 ( i ) . The part icul ar p r od uct i on f a ci lit y to b e 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 prod uction facil ities shall be to
confirm that th e faci lity i s destroyed in accordance with the obligations under this Convention and that each item on the declared
inventory is destroyed in accordanc e 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. Aft e r thi s con f ir mation , t h e Te ch nical Secr etariat shall term inate the systematic verification
of the chemical weapons production facility and shall promptly remove all devices and monitoring instruments installed by the inspectors.
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 St ate Party shall conclude a tra
n sition ag reement containing additional inspection measures for the temporary conversion period. The transition agreement shall
specify inspection procedures, including the use of sea l s, m o ni to ri ng eq ui pm en t, and i n sp ect io ns, t h a t wil l pro
v i d e confidence that no chemical weapons production takes place during the conversion process. This agreement shall remain in
force from the beginning of the temporary conversion activity until the facility begins operation as a chemical weapons destruction
facility.
60. The inspected State Party shall not remove or convert any portion of the facility, or remove or modify any seal or other
agreed inspection equipment that may have been installed pursuant to this Convention until the transition agreement has been concluded.
61. Once the facility begins operation as a chemical weapons destruction facility, it shall be subject to the provisions
of Part IV (A) of this Annex applicable to chemical weapons destruction facilities. Arrangements for the pre-operation period shall
be governed by the transition agreement.
62. During destruction operations the inspectors shall have access to all portions o f the tempo r arily conv erted ch emical weapons
production facilities, incl uding those that are n o t directly involved wit h 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.
Procedures for requesting conversion
64. A request to use a chemical weapons production facility for purposes not prohibited under this Convention may be made for
any facility that a State Party is already using for such purposes before this Convention enters into force for it, or that it plans
to use for such purposes.
65. For a chemical weapons production facility that is being used for purposes not prohibited under this Convention when this
Convention enters into force for the State Party, the request shall be submitted to the Director-General not later than 30 days after
this Convention enters into force for the State Party. The request shall contain, in addition to data submitted in accordance with
paragraph 1 (h) (iii), the following information:
(a) A detailed justification for the request;
(b) A general facility conversion plan that specifies:
(i) The nature of the activity to be conducted at the facility;
(ii) If the planned activity involves production, processing, or consumption of chemicals: the name of each of the
chemicals, the flow diagram of the facility, and the quantities planned to be produced, processed, or consumed annually;
(iii) Which buildings or structures are proposed to be used and what modifications are proposed, if any;
(iv) Which buildings or structures have been destroyed or are proposed to be destroyed and the plans for destruction;
(v) What equipment is to be used in the facility;
(vi) What equipment has been removed and destroyed and what equipment is proposed to be removed and destroyed and the
plans for its destruction;
(vii) The proposed schedule for conversion, if applicable; and
(viii) The nature of the activity of each other facility operating at the site; and
(c) A detailed explanation of how measures set forth in sub-paragraph (b), as well as any other measures proposed by the State Party, will ensure the prevention of standby chemical weapons production
capability at the facility.
66. For a chemical weapons production facility that is not being used for purposes not prohibited under this Convention
when this Convention enters into force for the State Party, the request shall be submitted to the Director- General not later than
30 days after the decision to convert, but in no case later than four years after this Convention enters into force for the State
Party. The request shall contain the following information:
(a) A detailed justification for the request, including its economic needs; (b) A general facility conversion plan that specifies:
(i) The nature of the activity planned to be conducted at the facility;
(ii) If the planned activity involves production, processing, or consumption of chemicals: the name of each of the
chemicals, the flow diagram of the facility, and the quantities planned to be produced, processed, or consumed annually;
(iii) Which buildings or structures are proposed to be retained and what modifications are proposed, if any;
(iv) Which buildings or structures have been destroyed or are proposed to be destroyed and the plans for destruction;
(v) What equipment is proposed for use in the facility;
(vi) What equipment is proposed to be removed and destroyed and the plans for its destruction;
(vii) The proposed schedule for conversion; and
(viii) The nature of the activity of each other facility operating at the site; and
(c) A detailed explanation of how the measures set forth in sub-paragraph
(b), as well as any other measures proposed by the State Party, will
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 s
p ecialized buildings have been rendered inactive usi ng th e m e th ods 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 th e facility m ust be destroyed and all special features of build ings and structures that distinguish
them from buildings and structures normally used fo r pu rpo s es n o t p r oh ib it ed un de r th is Co nv ent i o n an d no t
in vo lv in g Schedule 1 chemicals must be eliminated.
71. A converted facility shall not be used:
(a) For any activity involving production, processing, or consumption of a
Schedule 1 chemical or a Schedule 2 chemical; or
(b) For the production of any highly toxic chemical, including any highly toxic organophosphorus chemical, or for any other activity
that would require special equipment for handling highly toxic or highly corrosive chemicals, unless the Executive Council decides
that such production or activity would pose no risk to the object and purpose of this Convention, taking into
account criteria for toxicity, corrosiveness and, if applicable, other technical factors, to be considered and approved by the Conference
pursuant to Article VIII, paragraph 21 (i).
72. Conversion of a chemical weapons production facility shall be completed not later than six years after entry into force of
this Convention.
Decisions by the Executive Council and the Conference
73. Not later than 90 days after receipt of the request by the Director-General, an in it ia l in spec ti on o f t he fa cil it
y shall be conducted by the Te chnical 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 co nd it io ns u n d e r w h i c h use f o r pu rp oses n o t p r oh ib it ed u n d e r t h i s Convention may be permitted.
The Director-General shall promptly submit a repor t to the Executi ve Cou n cil, the Conferen ce, and all St ates Parties
containing his recommendations on the measures necessary to convert the facility to purposes not prohibited under this Convention
and to provide assurance th at the converted faci lit y wil l be used onl y for purp oses 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 un der paragraph 68 hav
e not been ta ken, the Director -Genera l shall immediately inform the Executive Council, which may require implemen- tation of measures
it deems appropriate, inter alia, shut-down of the facility and remo val o f specia lize d eq ui pm ent an d m od ificat io n of bu il din gs o r structures. The
Executi ve Council shall stip ulate the deadline for implementation of these measures and shall suspend consideration of the request
pending their satisfactory completion. The facility shall be inspected pr om ptl y af ter th e exp i r a tio n o f 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, whet her to approv e the req uest,
and shall establ ish the co ndi tio ns up on which approval is contingent. If any State Party objects to approval of the request
and the associated conditions, consultations shall be undertaken among interested S t ates Parti e s for up t o 90 day s to seek
a mu tually acceptable solution. A decision on the request and associated conditions, along with any proposed modifications thereto,
shall be taken, as a matter of substance, as soon as possible after the end of the consultation period.
76. If the request is approved, a facility agreement shall be completed not later than 90 days after such a decision is taken.
The facility agreement shall contain the conditions under which the conversion and use of the facility is permitted, including measures
for verification. Conversion shall not begin before the facility agreement is concluded.
Detailed plans for conversion
77. Not less than 180 days before conversion of a chemical weapons production facility is planned to be gi n, the St ate Party
shall pr ovide the Technical Secretariat with the detailed plans for conversion of the facility, including proposed measures for
verification of conversion, with respect to, inter alia:
(a) Timing of the presence of the inspectors at the facility to be converted;
and
(b) Procedures for verification of measures to be applied to each item on the declared inventory.
78. The detailed plan for conversion of each chemical weapons production facility shall contain:
(a) Detailed time schedule of the conversion process; (b) Layout of the facility before and after conversion;
(c) Process flow diagram of the facility before, and as appropriate, after the conversion;
(d) Detailed inventory of equipment, buildings and structures and other items to be destroyed and of the buildings and structures
to be modified;
(e) Measures to be applied to each item on the inventory, if any; (f) Proposed measures for verification;
(g) Security/safety measures to be observed during the conversion of the facility; and
(h) Working and living conditions to be provided for inspectors. Review of detailed plans
79. On the basis of the detailed plan for conversion and proposed measures for verification submitted by the State Party, and on
experience from previous inspections, the Technical Secretariat shall prepare a plan for verifying the conversion of the facility,
consulting closely with the St ate Party. Any differences between the Technical Secretariat and the State Party concerning appropriate
measures shall be re solv ed throu gh co nsult a tions. Any u n resolved matt ers shall be forw arded to the Ex ecutive 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 c o mbined plans for conversion and verificatio
n shall be agreed up on 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 cons ultations with the St ate Party to reconcile
them. If any diff ic ulties remai n unreso l ved, they should be referred t o the Co nference. 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 decompos ition products and of Schedu
le 2 chem icals and to v er ify that the acti vities at the f aci lity 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. Duri ng the 1 0 -year period, the St at e Party shall
report annually on the activities at the converted facility. Upon completion of the 10-year period, the Executive Coun cil, taking
in to acco unt recommendations of th e 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.
1. A State Party shall not produce, acquire, retain or use Schedule 1 chemicals outside the territories of States Parties and
shall not transfer such chemicals outside its territory except to another State Party.
2. A State Party shall not produce, acquire, retain, transfer or use Schedule 1 chemicals unless:
(a) The chemicals are applied to research, medical, pharmaceutical or protective purposes; and
(b) The types and quantities of chemicals are strictly limited to those which can be justified for such purposes; and
(c) The aggregate amount of such chemicals at any given time for such purposes is equal to or less than 1 tonne; and
(d) The aggregate amount for such purposes acquired by a State Party in any year through production, withdrawal from chemical weapons
stocks and transfer is equal to or less than 1 tonne.
3. A State Party may transfer Schedule 1 chemicals outside its territory only to an other St ate Party an d on ly for re se arch,
medic a l, pharmac e utical or protective purposes in accordance with paragraph 2.
4. Chemicals transferred shall not be retransferred to a third State.
5. Not less than 30 days before any transfer to another State Party both States
Parties shall notify the Technical Secretariat of the transfer.
6. Each State Party shall make a detailed annual declaration regarding transfers during the previous year. The declaration shall
be submitted not later than 90 days after the end of that year and shall for each Schedule 1 chemical that has been transferred include
the following information:
(a) The chemical name, structural formula and Chemical Abstracts Service registry number, if assigned;
(b) The quantity acquired from other States or transferred to other States Parties. For each transfer the quantity, recipient and
purpose shall be included.
General principles for production
7. Each State Party, during production under paragraphs 8 to 12, shall assign the highest priority to ensuring the safety of people and to protecting the environment. Each State Party shall conduct such production in accordance with its national standards for safety and emissions.
Single small-scale facility
8. Each State Party that produces Schedule 1 chemicals for research, medical, pharmaceutical or protective purposes shall carry
out the production at a
single small-scale facility approved by the State Party, except as set forth in paragraphs 10, 11 and 12.
9. The production at a single small-scale facility shall be carried out in reaction vessels in production lines not configurated
for continuous operation. The volume of such a reaction vessel shall not exceed 100 litres, and the total volume of all reaction
vessels with a volume exceeding 5 litres shall not be more than 500 litres.
Other facilities
10. Production of Schedule 1 chemicals in aggregate quantities not exceeding 10 kg per year may be carried out for protective purposes
at one facility outside a single small-scale facility. This facility shall be approved by the State Party.
11. Production of Schedule 1 chemicals in quantities of more than 100 g per year may be carried out for research, medical or
pharmaceutical purposes outside a single small-scale facility in aggregate quantities not exceeding 10 kg per year per facility.
These facilities shall be approved by the State Party.
12. Synthesis of Schedule 1 chemicals for research, medical or pharmaceutical purposes, but not for protective purposes, may be
carried out at laboratories in aggregate quantities less than 100 g per year per facility. These facilities shall not be subject
to any obligation relating to declaration and verification as specified in Sections D and E.
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 m ake a detailed annu al declar ation regar
ding the activities of the facility for the previous year. The declaration shall be submitted not later than 90 days after the end
of that year and shall include:
(a) Identification of the facility;
(b) For each Schedule 1 chemical produced, acquired, consumed or stored at the facility, the following information:
(i) The chemical name, structural formula and Chemical Abstracts
Service registry number, if assigned;
(ii) The methods employed and quantity produced;
(iii) The name and quantity of precursors listed in Schedules l, 2, or 3 used for production of Schedule 1 chemicals;
(iv) The quantity consumed at the facility and the purpose(s) of the consumption;
(v) The quantity received from or shipped to other facilities in the State Party. For each shipment the quantity, recipient and
purpose should be included;
(vi) The maximum quantity stored at any time during the year; and
(vii) The quantity stored at the end of the year; and
(c) Information on any changes at the facility during the year compared to previously submitted detailed technical descriptions
of the facility including inventories of equipment and detailed diagrams.
16. Each State Party producing Schedule 1 chemicals at a single small-scale facility shall make a detailed annual declaration
regarding the projected activities and the anticipated production at the facility for the coming year. The decl aration shall be
su bmitted not less than 90 days before the beginning of that year and shall include:
(a) Identification of the facility;
(b) For each Schedule 1 chemical anticipated to be produced, consumed or stored at the facility, the following information:
(i) The chemical name, structural formula and Chemical Abstracts
Service registry number, if assigned;
(ii) The quantity anticipated to be produced and the purpose of the production; and
(c) Information on any anticipated changes at the facility during the year compared to previously submitted detailed technical descriptions
of the facility including inventories of equipment and detailed diagrams.
Other facilities referred to in paragraphs 10 and 11
17. For each facility, a State Party shall provide the Technical Secretariat with the name, location and a detailed technical
description of the facility or its r e levant part (s) as requested by t h e Technical Secretariat. The fac i lity producing Schedule
1 chemicals for protective purposes shall be specifically identified. For existing facilities, this initial declaration shall be
provided not later than 30 days after this Convention enters into force for the State Party. Initial declarations on new facilities
shall be provided not less than
180 days before operations are to begin.
18. Each State Party shall give advance notification to the Technical Secretariat of planned changes related to the initial declaration.
The notification shall be submitted not less than 180 days before the changes are to take place.
19. Each State Party shall, for each facility, make a detailed annual declaration regarding the activities of the facility for
the previous year. The declaration shall be submitted not later than 90 days after the end of that year and shall include:
(a) Identification of the facility;
(b) For each Schedule 1 chemical the following information:
(i) The chemical name, structural formula and Chemical Abstracts
Service registry number, if assigned;
(ii) The quantity produced and, in case of production for protective purposes, methods employed;
(iii) The name and quantity of precursors listed in Schedules 1, 2, or 3, used for production of Schedule 1 chemicals;
(iv) The quantity consumed at the facility and the purpose of the consumption;
(v) The quantity transferred to other facilities within the State Party.
For each transfer the quantity, recipient and purpose should be
included;
(vi) The maximum quantity stored at any time during the year; and
(vii) The quantity stored at the end of the year; and
(c) Information on any changes at the facility or its relevant parts during the year compared to previously submitted
detailed technical description of the facility.
20. Each State Party shall, for each facility, make a detailed annual declaration regarding the projected activi ties and the anticipated
producti on at the facility for the coming year. The declaration shall be submitted not less than
90 days before the beginning of that year and shall include:
(a) Identification of the facility;
(b) For each Schedule 1 chemical the following information:
(i) The chemical name, structural formula and Chemical Abstracts
Service registry number, if assigned; and
(ii) The quantity anticipated to be produced, the time periods when the production is anticipated to take place and the purposes
of the production; and
(c) Information on any anticipated changes at the facility or its relevant parts, during the year compared to previously submitted
detailed technical descriptions of the facility.
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 Con v en ti on po se d b y the re levan t chem ica l s, the charac teristics of the facility and
the nature of the a c tiv ities carried out th ere. 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 concer ning the facility, including ver i fication
of t h e limits on r eaction 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, wit h t h e O rgan i zati on, co veri ng deta iled inspection procedures for the facility.
26. Each State Party planning to establish a single small-scale facility after this
Convention enters into force for it shall conclude a facility agreement, based
on a model agreement, with the Organization, covering detailed inspection procedures for the facility before it begins operation or
is used.
27. A model for agreements shall be considered and approved by the Conference pursuant to Article VIII, paragraph 21 (i).
Other facilities referred to in paragraphs 10 and 11
28. The aim of verification activities at any facility referred to in paragraphs 10 and 11 shall be to verify that:
(a) The facility is not used to produce any Schedule 1 chemical, except for the declared chemicals;
(b) The quantities of Schedule 1 chemicals produced, processed or consumed are correctly declared and consistent
with needs for the declared purpose; and
(c) The Schedule 1 chemical is not diverted or used for other purposes.
29. The facility shall be subject to systematic verification through on-site inspection and monitoring with on-site instruments.
30. The number, intensity, duration, timing and mode of inspections for a particular facility shall be based on the risk
to the object and purpose of this Conventi on posed by the quanti ties of chem icals produced, the charac teristics of the
facility and the nature of the activities carried out the r e. Appropriate guidel ine s shall be conside r ed 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.
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.
Declaration s of plant sit e s producing , processing or consum ing Schedule 2 chemicals
3. Initial and annual declarations are required for all plant sites that comprise one or more plant(s) which produced, processed
or consumed during any of the previous three calendar years or is anticipated to produce, process or consume in the next calendar
year more than:
(a) 1 kg of a chemical designated "*" in Schedule 2, part A;
(b) 100 kg of any other chemical listed in Schedule 2, part A; or
(c) 1 tonne of a chemical listed in Schedule 2, part B.
4. Each State Party shall submit:
(a) Initial declarations pursuant to paragraph 3 not later than 30 days after this Convention enters into force for it; and, starting
in the following calendar year;
(b) Annual declarations on past activities not later than 90 days after the end of the previous calendar year;
(c) Annual declarations on anticipated activities not later than 60 days before the beginning of the following calendar year.
Any such activity additionally planned after the annual declaration has been submitted shall be declared not later than five days
before this activity begins.
5. Declarations pursuant to paragraph 3 are generally not required for mixtures containing a low concentration of a Schedule
2 chemical. They are only required, in accordance with guidelines, in cases where the ease of recovery from the mixture of the Schedule
2 chemical and its total weight are deemed to pose a risk to the object and purpose of this Convention. These guidelines shall be
considered and approved by the Conference pursuant to Article VIII, paragraph 21 (i).
6. Declarations of a plant site pursuant to paragraph 3 shall include:
(a) The name of the plant site and the name of the owner, company, or enterprise operating it;
(b) Its precise location including the address; and
(c) The number of plants within the plant site which are declared pursuant to Part VIII of this Annex.
7. Declarations of a plant site pursuant to paragraph 3 shall also include, for each plant which is located within the plant
site and which falls under the specifications set forth in paragraph 3, the following information:
(a) The name of the plant and the name of the owner, company, or enterprise operating it;
(b) Its precise location within the plant site including the specific building or structure number, if any;
(c) Its main activities; (d) Whether the plant:
(i) Produces, processes, or consumes the declared Schedule 2 chemical(s);
(ii) Is dedicated to such activities or multi-purpose; and
(iii) Performs other activities with regard to the declared Schedule 2 chemical(s), including a specification of that other activity
(e.g. storage); and
(e) The production capacity of the plant for each declared Schedule 2 chemical.
8. Declarations of a plant site pursuant to paragraph 3 shall also include the following information on each Schedule 2 chemical
above the declaration threshold:
(a) The chemical name, common or trade name used by the facility, structural formula, and Chemical Abstracts Service registry
number, if assigned;
(b) In the case of the initial declaration: the total amount produced, processed, consumed, imported and exported by the
plant site in each of the three previous calendar years;
(c) In the case of the annual declaration on past activities: the total amount produced, processed, consumed, imported and exported
by the plant site in the previous calendar year;
(d) In the case of the annual declaration on anticipated activities: the total amount anticipated to be produced, processed or consumed
by the plant site in the following calendar year, including the anticipated time periods for production, processing or
consumption; and
(e) The purposes for which the chemical was or will be produced, processed or consumed:
(i) Processing and consumption on site with a specification of the product types;
(ii) Sale or transfer within the territory or to any other place under the jurisdiction or control of the State Party, with
a specification whether to other industry, trader or other destination and, if possible, of final product types;
(iii) Direct export, with a specification of the States involved; or
(iv) Other, including a specification of these other purposes.
Declarations on past production of Schedule 2 chemicals for chemical weapons purposes
9. Each State Party shall, not later than 30 days after this Convention enters into force for it, declare all plant sites comprising
plants that produced at any time since 1 January 1946 a Schedule 2 chemical for chemical weapons purposes.
10. Declarations of a plant site pursuant to paragraph 9 shall include:
(a) The name of the plant site and the name of the owner, company, or enterprise operating it;
(b) Its precise location including the address;
(c) For each plant which is located within the plant site, and which falls under the specifications set forth in paragraph 9, the
same information as required under paragraph 7, sub-paragraphs (a) to (e); and
(d) For each Schedule 2 chemical produced for chemical weapons purposes: (i) The chemical name, common or trade name used by the
plant site
for chemical weapons production purposes, structural formula,
and Chemical Abstracts Service registry number, if assigned;
(ii) The dates when the chemical was produced and the quantity produced; and
(iii) The location to which the chemical was delivered and the final product produced there, if known.
Information to States Parties
11. A list of plant sites declared under this Section together with the information provided under paragraphs 6, 7 (a), 7 (c), 7 (d) (i), 7 (d) (iii), 8 (a) and 10 shall be transmitted by the Techni cal Se cretariat to St ates Parties upon request.
General
12. Verification provided for in Article VI, paragraph 4, shall be carried out through on-site inspection at those of the declared
plant sites that comprise one or more plants which produced, processed or consumed during any of the previous three calendar years
or are anticipated to produce, process or consume in the next calendar year more than:
(a) 10 kg of a chemical designated "*" in Schedule 2, part A;
(b) 1 tonne of any other chemical listed in Schedule 2, part A; or
(c) 10 tonnes of a chemical listed in Schedule 2, part B.
13. The programme and budget of the Organization to be adopted by the Conference pursuant to Article VIII, paragraph
21 (a) shall contain, as a separate item, a programme and budget for verification under this Section. In the allocation of resources made
available for verification under Article VI, the Technical Secretariat shall, during the first three years after the entry into force
of this Convention, give priority to the initial inspections of plant sites declared under Section A. The allocation shall thereafter
be reviewed on the basis of the experience gained.
14. The Technical Secretariat shall conduct initial inspections and subsequent
inspections in accordance with paragraphs 15 to 22. Inspection aims
15. The general aim of inspections shall be to verify that activities are in accordance with obligations under this
Convention and consistent with the information to be provided in declarations. Particular aims of inspections at plant sites declared
under Section A shall include verification of:
(a) The absence of any Schedule 1 chemical, especially its production, except if in accordance with Part VI of this Annex;
(b) Consistency with declarations of levels of production, processing or consumption of Schedule 2 chemicals; and
(c) Non-diversion of Schedule 2 chemicals for activities prohibited under this Convention.
Initial inspections
16. Each plant site to be inspected pursuant to paragraph 12 shall receive an initial inspection as soon as possible but preferably
not later than three years afte r entry into force of this Convention. Plant sites de clared afte r this p e rio d sh all recei
v e an in iti al i n sp ection not later than one year afte r 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 s h all be pre p are d unles s the inspec ted
S t ate 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 plan t sit e an d t
h e nat u r e o f th e act iv it ies c a rr ied o u t th er e, tak i n g i n t o account, inter alia, the following criteria:
(a) The toxicity of the scheduled chemicals and of the end-products produced with it, if any;
(b) The quantity of the scheduled chemicals typically stored at the inspected site;
(c) The quantity of feedstock chemicals for the scheduled chemicals typically stored at the inspected site;
(d) The production capacity of the Schedule 2 plants; and
(e) The capability and convertibility for initiating production, storage and filling of toxic chemicals at the inspected site.
Inspections
19. Having received the initial inspection, each plant site to be inspected pursuant to paragraph 12 shall be subject
to subsequent inspections.
20. In selecting particular plant sites for inspection and in deciding on the frequency and intensity of inspections,
the Technical Secretariat shall give due consideration to the risk to the object and purpose of this Convention posed by the relevant
chemical, the characteristics of the plant site and the nature of the activities carried out there, taking into account the respective
faci li ty ag re eme n t as w e ll a s th e resu lt s of the in it ial i n sp ecti o n s an d
subsequent inspections.
21. The Technical Secretariat shall choose a particular plant site to be inspected in such a way as to precl ude the predi c ti
on of ex actly when it will be inspected.
22. No plant site shall receive more than two inspections per calendar year u n d e r th e pr ov isi o ns of t h is Secti
o n. Th is, h o w e ver, sh all no t l imi t 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 fa cili ty ag ree m e n t, in ac corda n ce wit h the rule s o f ma na ged ac ce ss as specified in Part X, Section C, of this
Annex.
26. Access to records shall be provided, as appropriate, to provide assurance that there has been no diversion of the declared
chemical and that production has been consistent with declarations.
27. Sampling and analysis shall be undertaken to check for the absence of undeclared scheduled chemicals.
28. Areas to be inspected may include:
(a) Areas where feed chemicals (reactants) are delivered or stored;
(b) Areas where manipulative processes are performed upon the reactants prior to addition to the reaction vessels;
(c) Feed lines as appropriate from the areas referred to in sub-paragraph (a) or sub-paragraph (b) to the reaction vessels together with any associated valves, flow meters, etc.;
(d) The external aspect of the reaction vessels and ancillary equipment;
(e) Lines from the reaction vessels leading to long- or short-term storage or to equipment further processing the declared Schedule
2 chemicals;
(f) Control equipment associated with any of the items under sub- paragraphs (a) to (e);
(g) Equipment and areas for waste and effluent handling;
(h) Equipment and areas for disposition of chemicals not up to specification.
29. The period of inspection shall not last more than 96 hours; however, extensions may be agreed between the inspection
team and the inspected
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.
31.* Schedule 2 chemicals shall only be transferred to or received from States Parties. This obligation shall take effect three years
after entry into force of this Convention.
32.† During this interim three-year period, each State Party shall require an end- use certificate, as specified below, for transfers of
Schedule 2 chemicals to States not Party to this Convention. For such transfers, each State Party shall adopt the necessary measures
to ensure that the transferred chemicals shall only be used for purposes not prohibited under this Convention. Inter alia, the State Party shall require from the recipient State a certificate stating, in relation to the transferred chemicals:
(a) That they will only be used for purposes not prohibited under this
Convention;
(b) That they will not be re-transferred; (c) Their types and quantities;
(d) Their end-use(s); and
(e) The name(s) and address(es) of the end-user(s).
* The date of coming into force of the provisions of this paragraph is the 29th April, 2000 - see Legal
Notice 216 of 2000.
† The provisions of this paragraph no longer have effect see Legal Notice 216 of 2000.
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 calend ar year on the q u anti ties produced, impo r ted and exported of each Schedule 3
chemical, as well as a quantitative specification of import and export for each country involved.
2. Each State Party shall submit:
(a) Initial declarations pursuant to paragraph 1 not later than 30 days after this Convention enters into force for it; and, starting
in the following calendar year,
(b) Annual declarations not later than 90 days after the end of the previous calendar year.
Declarations of plant sites producing Schedule 3 chemicals
3. Initial and annual declarations are required for all plant sites that comprise one or more plants which produced during the
previous calendar year or are anticipated to produce in the next calendar year more than 30 tonnes of a Schedule 3 chemical.
4. Each State Party shall submit:
(a) Initial declarations pursuant to paragraph 3 not later than 30 days after this Convention enters into force for it; and, starting
in the following calendar year;
(b) Annual declarations on past activities not later than 90 days after the end of the previous calendar year;
(c) Annual declarations on anticipated activities not later than 60 days before the beginning of the following calendar year.
Any such activity additionally planned after the annual declaration has been submitted shall be declared not later than five days
before this activity begins.
5. Declarations pursuant to paragraph 3 are generally not required for mixtures containing a low concentration of a Schedule
3 chemical. They are only required, in accordance with guidelines, in such cases where the ease of recovery from the mixture of
the Schedule 3 chemical and its total weight are deemed to pose a risk to the object and purpose of this Convention. These guidelines
shall be consid er ed and approved by the Conference pursuant to Article VIII, paragraph 21 (i).
6. Declarations of a plant site pursuant to paragraph 3 shall include:
(a) The name of the plant site and the name of the owner, company, or enterprise operating it;
(b) Its precise location including the address; and
(c) The number of plants within the plant site which are declared pursuant to Part VII of this Annex.
7. Declarations of a plant site pursuant to paragraph 3 shall also include, for each plant which is located within the plant
site and which falls under the specifications set forth in paragraph 3, the following information:
(a) The name of the plant and the name of the owner, company, or enterprise operating it;
(b) Its precise location within the plant site, including the specific building or structure number, if any;
(c) Its main activities.
8. Declarations of a plant site pursuant to paragraph 3 shall also include the following information on each Schedule 3 chemical
above the declaration threshold:
(a) The chemical name, common or trade name used by the facility, structural formula, and Chemical Abstracts Service registry
number, if assigned;
(b) The approximate amount of production of the chemical in the previous calendar year, or, in case of declarations on anticipated
activities, anticipated for the next calendar year, expressed in the ranges: 30 to 200 tonnes, 200 to 1,000 tonnes, 1,000 to 10,000
tonnes, 10,000 to 100,000 tonnes, and above 100,000 tonnes; and
(c) The purposes for which the chemical was or will be produced.
Declarations on past production of Schedule 3 chemicals for c hemical weapons purposes
9. Each State Party shall, not later than 30 days after this Convention enters into force for it, declare all plant sites comprising
plants that produced at any time since 1 January 1946 a Schedule 3 chemical for chemical weapons purposes.
10. Declarations of a plant site pursuant to paragraph 9 shall include:
(a) The name of the plant site and the name of the owner, company, or enterprise operating it;
(b) Its precise location including the address;
(c) For each plant which is located within the plant site, and which falls under the specifications set forth in paragraph 9, the
same information as required under paragraph 7, sub-paragraphs (a) to (c); and
(d) For each Schedule 3 chemical produced for chemical weapons purposes: (i) The chemical name, common or trade name used by the
plant site
for chemical weapons production purposes, structural formula,
and Chemical Abstracts Service registry number, if assigned;
(ii) The dates when the chemical was produced and the quantity produced; and
(iii) The location to which the chemical was delivered and the final product produced there, if known.
Information to States Parties
11. A list of plant sites declared under this Section together with the information provided under paragraphs 6, 7 (a), 7 (c), 8 (a) and 10 shall be transmitted by the Technical Secretariat to States Parties upon request.
General
12. Verification provided for in paragraph 5 of Article VI shall be carried out through on-site inspections at those declared
plant sites which produced during the previous calendar year or are anticipated to produce in the next calendar year in excess of
200 tonnes aggregate of any Schedule 3 chemical above the declaration threshold of 30 tonnes.
13. The programme and budget of the Organization to be adopted by the Conference pursuant toArticle VIII, paragraph
21 (a), shall contain, as a separate item, a programme and budget for verification under this Section taking into account Part VII,
paragraph 13, of this Annex.
14. Under this Section, the Technical Secretariat shall randomly select plant sites for inspection through appropriate mechanisms,
such as the use of speciall y d e si gned com puter software, on t h e b a si s of the fol l owi n g weighting factors:
(a) Equitable geographical distribution of inspections; and
(b) The information on the declared plant sites available to the Technical Secretariat, related to the relevant chemical, the characteristics
of the plant site and the nature of the activities carried out there.
15. No plant site shall receive more than two inspections per year under the pro v ision s of t h is Sect ion. This, how ev er,
shall not lim it i n spection s 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 S t ate Party u nder bo th this Part and Par t IX of t h is An nex, or 20 inspections, whichever of these two figures is lower.
Inspection aims
17. At plant sites declared under Section A, the general aim of inspections shall be to verify that activities are consistent with the information to be provided in declarations. The particular aim of inspections shall be the verification of the absence of any Schedule 1 chemical, especially its production, except if in accordance with Part VI of this Annex.
Inspection procedures
18. In addition to agreed guidelines, other relevant provisions of this Annex and the Confidentiality Annex, paragraphs 19 to 25
below shall apply.
19. There shall be no facility agreement, unless requested by the inspected State
Party.
20. The focus of the inspections shall be the declared Schedule 3 plant(s) within the declared plant site. If the inspection team,
in accordance with Part II, paragraph 51, of this Annex, requests access to other parts of the plant site for clarification of ambiguities,
the extent of such access shall be agreed between the inspection team and the inspected State Party.
21. The inspection team may have access to records in situations in which the inspection team and the inspected State Party agree
that such access will
assist in achieving the objectives of the inspection.
22. Sampling and on-site analysis may be undertaken to check for the absence of undeclared scheduled chemicals. In case of unresolved
ambiguities, samples may be analysed in a designated off-site laboratory, subject to the inspected State Party’s agreement.
23. Areas to be inspected may include:
(a) Areas where feed chemicals (reactants) are delivered or stored;
(b) Areas where manipulative processes are performed upon the reactants prior to addition to the reaction vessel;
(c) Feed lines as appropriate from the areas referred to in sub-paragraph (a) or sub-paragraph (b) to the reaction vessel together with any associated valves, flow meters, etc.;
(d) The external aspect of the reaction vessels and ancillary equipment;
(e) Lines from the reaction vessels leading to long- or short-term storage or to equipment further processing the declared Schedule
3 chemicals;
(f) Control equipment associated with any of the items under sub- paragraphs (a) to (e);
(g) Equipment and areas for waste and effluent handling;
(h) Equipment and areas for disposition of chemicals not up to specification.
24. The period of inspection shall not last more than 24 hours; however, extensions may be agreed between the inspection
team and the inspected State Party.
Notification of inspection
25. A State Party shall be notified by the Technical Secretariat of the inspection not less than 120 hours before the arrival of the inspection team at the plant site to be inspected.
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 th is Con venti
on. Inter alia, th e St ate Party shall requ ire fro m the recipient State a certificate stating, in relation to the transferred chemicals:
(a) That they will only be used for purposes not prohibited under this
Convention;
(b) That they will not be re-transferred; (c) Their types and quantities;
(d) Their end-use(s); and
(e) The name(s) and address(es) of the end-user(s).
27. Five years after entry into force of this Convention, the Conference shall c o nsider the need to establish ot her measures
regarding trans f ers of Schedule 3 chemicals to States not Party to this Convention.
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 sh all not includ e p l an t sites
that exclusively prod uced explosives or hydrocarbons.
3. Each State Party shall submit its list of other chemical production facilities pursuant to paragraph 1 as part of its initial
declaration not later than 30 days after this Convention enters into force for it. Each State Party shall, not later than 90 days
after the beginning of each following calendar year, provide annually the information necessary to update the list.
4. The list of other chemical production facilities to be submitted pursuant to paragraph 1 shall include the following information
on each plant site:
(a) The name of the plant site and the name of the owner, company, or enterprise operating it;
(b) The precise location of the plant site including its address; (c) Its main activities; and
(d) The approximate number of plants producing the chemicals specified in paragraph 1 in the plant site.
5. With regard to plant sites listed pursuant to paragraph 1 (a), the list shall also include information on the approximate aggregate amount of production of the unscheduled discrete organic
chemicals in the previous calendar year expressed in the ranges: under 1,000 tonnes, 1,000 to 10,000 tonnes and above 10,000 tonnes.
6. With regard to plant sites listed pursuant to paragraph 1 (b), the list shall also specify th e num ber of PSF-plant s with in t he pl an t site and i nclude information on the approximate
aggregate amount of production of PSF- chemic als produc ed by each PSF-pl a n t in the pre v ious calendar ye ar 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, i t may req u est th e Te ch nical Secretariat to prov ide 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.
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 s p ecially designed comp uter software, on the basis of the following weighting factors:
(a) Equitable geographical distribution of inspections;
(b) The information on the listed plant sites available to the Technical Secretariat, related to the characteristics
of the plant site and the activities carried out there; and
(c) Proposals by States Parties on a basis to be agreed upon in accordance with paragraph 25.
12. No plant site shall receive more than two inspections per year under the prov isions of th is Secti on. This, however, shall
n o t l imi t in sp ect i ons 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 St ate Party under both this Part a n d Pa rt V I II of th i s An ne x, o r 2 0 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 l, in particular the PSF-plants listed pursuant to paragraph 1 (b). The inspected State Party shall have the right to manage access to these plants in accordance with the rules of managed access
as specified in Part X, Section C, of this Annex. If the inspection team, in accordance with Part II, paragraph 51, of this Annex,
requests access to other parts of the plant site for clari f icati on 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 und ecl a red schedu led chem icals. In cases of
un resolved amb i gui ties, samples may be analysed in a designated off-site laboratory, subject to the inspected State Party’s
agreement.
20. The period of inspection shall not last more than 24 hours; however, extensions may be agreed between the inspection
team and the inspected State Party.
Notification of inspection
21. A State Party shall be notified by the Technical Secretariat of the inspection not less than 120 hours before the arrival of the inspection team at the plant site to be inspected.
Implementation
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 Secti on B
b e t w een "PSF-plants" and other chemical p r odu ct ion 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 wh ich basis (e.g. regio n al) p r opo sals b y S t ates Par ties 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.
1. Challenge inspections pursuant to Article IX shall only be performed by inspectors and inspection assistants especially
designated for this function. In order to de signate in spector s and inspection assistants for challenge inspections pursuant to
Article IX, the Director-General shall, by selecting inspectors and inspection a ssista n ts from among the inspectors and inspect
ion assistants fo r rou tine inspection activit ies, establ ish 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
fo r rot a tio n. Du e r e gard shal l be p a id also to th e im po rt an ce o f 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 t h e inspection team shall be kept to a minim um 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.
3. Before submitting the inspection request for a challenge inspection, the St ate Party may seek confirmation fr om 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 a n d the Director-G eneral shall
c o ntain at lea s t the following information:
(a) The State Party to be inspected and, if applicable, the Host State; (b) The point of entry to be used;
(c) The size and type of the inspection site;
(d) The concern regarding possible non-compliance with this Convention including a specification of the relevant provisions of this
Convention about which the concern has arisen, and of the nature and circumstances of the possible non-compliance as well as all
appropriate information on the basis of which the concern has arisen; and
(e) The name of the observer of the requesting State Party.
The requesting State Party may submit any additional information it deems necessary.
5. The Director-General shall within one hour acknowledge to the requesting
State Party receipt of its request.
6. The requesting State Party shall notify the Director-General of the location of the i nsp ecti on site in d ue time f or t
he Director- Gen er al to b e abl e 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 poi nt wit h g e ographi c coo r d i nat e s, s p ecified to the neares t second if possible. If
possible, the requesting State Party shall also provide a map with a general indi catio n o f t h e i n specti on si te and a diagram
specifying as precisely as possible the requested perimeter of the site to be inspected.
8. The requested perimeter shall:
(a) Run at least a 10 metre distance outside any buildings or other structures;
(b) Not cut through existing security enclosures; and
(c) Run at least a 10 metre distance outside any existing security enclosures that the requesting State Party intends to include within
the requested perimeter.
9. If the requested perimeter does not conform with the specifications of paragraph 8, it shall be redrawn by the inspection
team so as to conform with that provision.
10. The Director-General shall, not less than 12 hours before the planned arrival of the inspection team at the point of entry,
inform the Executive Council about the location of the inspection site as specified in paragraph 7.
11. Contemporaneously with informing the Executive Council according to paragraph 10, the Director-General shall transmit
the inspection request to the inspected State Party including the location of the inspection site as specified in paragraph 7. This
notification shall also include the information specified in Part II, paragraph 32, of this Annex.
12. Upon arrival of the inspection team at the point of entry, the inspected State
Party shall be informed by the inspection team of the inspection mandate.
Entry into the territory of the inspected State Party or the Host State
13. The Director-General shall, in accordance with Article IX, paragraphs 13 to
18 , dispatch an inspection team as soon as possible after an inspection request has been received. The inspection team shall arrive
at the point of entry specified in the request in the minimum time possible, consistent with
the provisions of paragraphs 10 and 11.
14. If the requested perimeter is acceptable to the inspected State Party, it shall be designated as the final perimeter as early
as possible, but in no case later than 24 hours after the arrival of the inspection team at the point of entry. The inspected State
Party shall transport the inspection team to the final p e ri meter o f th e i n specti on sit e . If the in sp ected St ate 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 sub-paragraphs (a) and (b) shall apply. (For the purposes of this Part, "declared facility" means all facilities declared pu rsuant t o Articles
III, I V, and V. Wi th regard to Ar ticl e 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 n e go tia ti ons wi th t h
e aim o f 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 St ate Party should seek to establish such a rel a tionship between the perimeters by a combination of at least two
of the following means:
(a) An alternative perimeter that does not extend to an area significantly greater than that of the requested perimeter;
(b) An alternative perimeter that is a short, uniform distance from the requested perimeter;
(c) At least part of the requested perimeter is visible from the alternative perimeter.
18. If the alternative perimeter is acceptable to the inspection team, it shall become the final perimeter and the inspection
team shall be transported from the point of entry to that perimeter. If the inspected State Party deems it necessary, such transportation
may begin up to 12 hours before the expiry of th e time period specifi e d in p a ragraph 16 f o r pr oposin g an alternativ e 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 exp i ry of t h e ti me pe ri od sp ecifie d i n parag r ap h 16 for p r o p o s in g 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 te am with prompt ac cess to the a lternativ
e p e ri met e r to facili tate 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 bee n tran spo r te d corresp on ds t o th e in sp ect io n si te specified by the requestin g St ate Party, t h e in specti on t e am shall have t h e ri ght t o use approved location-finding equipment and have such equipment installed according to its directions. The inspection team may verify its location by reference to local landmarks identified from maps. The inspected State Party shall assist the inspection team in this task.
Securing the site, exit monitoring
23. Not later than 12 hours after the arrival of the inspection team at the point of entry, the inspected State Party shall begin
collecting factual information of all vehicular exit activity from all exit points for all land, air, and water vehicles of the
requested perimeter. It shall provide this information to the inspection team upon its arrival at the alternative or final perimeter,
whichever occurs first.
24. This obligation may be met by collecting factual information in the form of traffic logs, photographs, video recordings, or
data from chemical evidence equipment provided by the inspection team to monitor such exit activity. Alternatively, the inspected
State Party may also meet this obligation by al lowing o ne or m ore m em bers of the inspection team independently to ma in tai
n traffic lo gs, tak e ph ot og ra ph s, m a k e v i d e o reco rd in gs of exi t 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 peri meter, whichever occurs first, securing
the si te, which means exit monitoring procedures by the inspection team, shall begin.
26. Such procedures shall include: the identification of vehicular exits, the making of traffic logs, the taking of photographs,
and the making of video recordings by the inspection team of exits and exit traffic. The inspection team has the right to go, under
escort, to any other part of the perimeter to check that there is no other exit activity.
27. Additional procedures for exit monitoring activities as agreed upon by the inspection team and the inspected State Party
may include, inter alia:
(a) Use of sensors;
(b) Random selective access; (c) Sample analysis.
28. All activities for securing the site and exit monitoring shall take place within a band around th e outside of the pe rimete
r, no t exceedi ng 50 metr es 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 p u rposes re lated t o the p o ssibl e non-co mpli an
ce concerns raised in the inspection request.
30. Personnel and vehicles entering and personnel and personal passenger vehicles exiting the site are not subject to
inspection.
31. The application of the above procedures may continue for the duration of the inspection, but may not unreasonably hamper or
delay the normal operation of the facility.
Pre-inspection briefing and inspection plan
32. To facilitate development of an inspection plan, the inspected State Party shall provide a safety and logistical briefing
to the inspection team prior to access.
33. The pre-inspection briefing shall be held in accordance with Part II, paragraph 37, of this Annex. In the course
of the pre-inspection briefing, the inspected State Party may indicate to the inspection team the equipment, documentation, or areas
it considers sensitive and not related to the purpose of the challenge inspection. In addition, personnel responsible for the site
shall brief the inspection team on the physical layout and other relevant characteristics of the site. The inspection team shall
be provided with a map or sketch drawn to scale showing all structures and significant geographic featu r es at the site. The inspecti
on team shall also be briefed on th e 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 inspectio n plan sh all also sp ecify whether t h e inspectio n team will b e
divided into subgroups. The inspection plan shall be made available to the represen tatives of the inspected St ate Party an d the
inspection site. Its im pl emen tat i on shal l be c onsi s t e nt wi th th e prov isio ns o f Sectio n C, including those related
to access and activities.
Perimeter activities
35. Upon the inspection team’s arrival at the final or alternative perimeter, wh ich e ve r occu rs first, t h e te
am sha ll ha ve th e rig h t t o com m e nce immediately perimeter activities in accordance with the procedures set forth under
this Section, and to continue these activities until the completion of the challenge inspection.
36. In conducting the perimeter activities, the inspection team shall have the right to:
(a) Use monitoring instruments in accordance with Part II, paragraphs 27 to
30, of this Annex:
(b) Take wipes, air, soil or effluent samples; and
(c) Conduct any additional activities which may be agreed between the inspection team and the inspected State Party.
37. The perimeter activities of the inspection team may be conducted within a band around the outside of the perimeter up to 50
metres in width measured o u t w ard fro m th e peri met e r. If th e inspec ted S t a t e 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.
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 wit h reg a rd t o proprietary
ri g h ts or searches and seizures. The i n spected St at e Party has the right under man a ged access to take such measures as
are necessary to protect national security. The provisions in this p a ragraph m a y no t be invoked by the inspected St ate Party
to co nceal 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 n e ce s s a ry a n d in
a ny ev e n t sh al l n o t exce ed thre e hours . For fac i lities declared pursuant to Artic le III, paragraph 1 (d ) , n e go t i at io ns sh all b e 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, unles s the inspected State Party expr essly requests it to do so.
Any material collected and subsequently found not to be relevant shall not be retained.
45. The inspection team shall be guided by the principle of conducting the challenge inspection in the least intrusive
manner possible, consistent with the effective and timely accomplishment of its mission. Wherever possible, it shall begin with the
least intrusive procedures it deems acceptable and proceed to more intrusive procedures only as it deems necessary.
Managed access
46. The inspection team shall take into consideration suggested modifications of the inspection plan and proposals which may be
made by the inspected State Party, at whate v er stage of the in spection 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 ins p ecte d S t a t e Party s h all have the right
to take m e asures to protect sensitive installations and prevent disclosure of confidential information and data not related to
chemical weapons. Such measures may include, inter alia:
(a) Removal of sensitive papers from office spaces;
(b) Shrouding of sensitive displays, stores, and equipment;
(c) Shrouding of sensitive pieces of equipment, such as computer or electronic systems;
(d) Logging off of computer systems and turning off of data indicating devices;
(e) Restriction of sample analysis to presence or absence of chemicals listed in Schedules 1, 2 and 3 or appropriate degradation
products;
(f) Using random selective access techniques whereby the inspectors are requested to select a given percentage or number of buildings
of their choice to inspect; the same principle can apply to the interior and content of sensitive buildings;
(g) In exceptional cases, giving only individual inspectors access to certain parts of the inspection site.
49. The inspected State Party shall make every reasonable effort to demonstrate to the ins pec tion team th at any object, building,
structure, container or vehicle to which the inspection team has not had full access, or which has been protected in accordance
with paragraph 48, is not used for purposes related to the possible non-compliance concerns raised in the inspection
request.
50. This may be accomplished by means of, inter alia, the partial removal of a shroud or environmental protection cover, at the discretion of the inspected State Party, by means of
a visual inspection of the interior of an enclosed space from its entrance, or by other methods.
51. In the case of facilities declared pursuant to Articles IV, V and VI, the following shall apply:
(a) For facilities with facility agreements, access and activities within the final perimeter shall be unimpeded within the boundaries
established by the agreements;
(b) For facilities without facility agreements, negotiation of access and activities shall be governed by the applicable
general inspection guidelines established under this Convention;
(c) Access beyond that granted for inspections under Articles IV, V and VI
shall be managed in accordance with procedures of this section.
52. In the case of facilities declared pursuant to Article III, paragraph 1 (d), the fo llowi ng shall apply: if th e inspecte d St ate Party, us ing pr ocedur es of paragraphs 47 and 48, has not granted full
access to areas or structures not r e lated to chemical weapon s, it sh all make eve r y reas onable 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 th e observer at
the sa me point of entr y as the inspec tion team with in 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 ta ke into account to the extent it
deems appropriate. Throughout the inspection, the inspection team shall keep the observer inform ed abo ut the condu ct of the i
nspection an d 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.
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 promptl y to a point o f entry and shal l then leave t h e territory of th e 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 te am , p a rti c ul arly w i th reg a rd to t h e co nc erns re gard in g po ssib l e n o n - compliance
with this Conven tion cited in the request for the chall enge inspect i on, and shall be limi ted to informati on directly related
to thi s 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 wh ich this en abl ed them to f u lfil the insp ection mandate. Detai l ed informat
ion rel a tin g t o th e con cerns regardin g p o ssibl e no n- compliance with this Conven tion cited in the request for the chall
enge in sp ecti on shal l b e sub mi tt ed a s an App endi x to th e 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, inte r alia, paragraph 17 of the Confidentiality Annex, to the Dire ctor -Gene r a l . The Dire ctor -Gener al sh al l pro m p tly transmi t
th e preliminary inspection report to the requesting State Party, the inspected State Party and to the Executive Council.
61. A draft final inspection report shall be made available to the inspected State Party not later than 20 days after the completion
of the challenge inspection. The inspected State Party has the right to identify any information and data not related to chemical
weapons which should, in its view, due to its confidential character, not be circulated outside the Technical Secretariat. The Technical
Secretariat shall consider proposals for changes to the draft final inspection report made by the inspected State Party and, using
its own discretion, wherever possible, adopt them. The final report shall then be submi tted n o t l a ter t h an 30 days af ter
the compl e ti on o f th e challeng e inspection to the Director-General for further distribution and consideration in accordance
with Article IX, paragraphs 21 to 25.
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.
Request for an investigation
3. The request for an investigation of an alleged use of chemical weapons to be submitted to the Director-General, to the extent
possible, should include the following information:
(a) The State Party on whose territory use of chemical weapons is alleged to have taken place;
(b) The point of entry or other suggested safe routes of access;
(c) Location and characteristics of the areas where chemical weapons are alleged to have been used;
(d) When chemical weapons are alleged to have been used; (e) Types of chemical weapons believed to have been used; (f) Extent of alleged use;
(g) Characteristics of the possible toxic chemicals; (h) Effects on humans, animals and vegetation;
(i) Request for specific assistance, if applicable.
4. The State Party which has requested an investigation may submit at any time any additional information it deems necessary.
Notification
5. The Director-General shall immediately acknowledge receipt to the requesting State Party of its request and
inform the Executive Council and all States Parties.
6. If applicable, the Director-General shall notify the State Party on whose territory an investigation has been requested.
The Director-General shall also notify other States Parties if access to their territories might be required during the investigation.
Assignment of inspection team
7. The Director-General shall prepare a list of qualified experts whose particular field of expertise could be required
in an investigation of alleged use of chemical weapons and constantly keep this list updated. This list shall be communicated, in
writing, to each State Party not later than 30 days after entry into force of this Convention and after each change to the list.
Any qualified expert included in this list shall be regarded as designated unless a State Party, not later than 30 days after its
receipt of the list, declares its non-
acceptance in writing.
8. The Director-General shall select the leader and members of an inspection team from the inspectors and inspection assistants
already designated for challenge inspections taking into account the circumstances and specific nature of a particular request.
In addition, members of the inspection team may be selected from the list of qualified experts when, in the view of the Director
-General, expertise n o t av ailabl e am ong inspecto r s 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 St ates 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 r equest, the Director-General shall
inform t h e 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.
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 ef fective investigat ion of the alleged us e of chemical weapons. For such access, t h e inspection team shall co nsu lt wit h 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 request ed b y it, th e i n spected St ate Party shall assist in the coll ecti on of samples
under th e supe rv ision of in spectors 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, re m n ant
s of m uni tio ns and dev i ces, environmental samples ( a ir, soil, ve getation, water, snow, etc.) and
biomedical samples from human or animal sources (blood, urine, excreta, tissue, etc.).
18. If duplicate samples cannot be taken and the analysis is performed at off-site laboratories, any remaining sample shall, if
so requested, be returned to the inspected State Party after the completion of the analysis.
Extension of inspection site
19. If the inspection team during an inspection deems it necessary to extend the investigation into a neighbouring State Party, the Director-General shall notify that State Party about the need for access to its territory and request and confirm arrangements for the safe reception of the team.
Extension of inspection duration
20. If the inspection team deems that safe access to a specific area relevant to the investigation is not possible, the requesting State Party shall be informed immediately. If necessary, the period of inspection shall be extended until safe access can be provided and the inspection team will have concluded its mission.
Interviews
21. The inspection team shall have the right to interview and examine persons who may have been affected by the alleged use of chemical weapons. It shall also have the right to interview eyewitnesses of the alleged use of chemical weapons and medical personnel, and other persons who have treated or have come into contact with persons who may have been affected by the alleged use of chemical weapons. The inspection team shall have access to medical histo r ies, if available, and b e perm itted to p a rticipate i n autopsies, as appropriate, of persons who may have been affected by the alleged use of chemical weapons.
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 n eed for a s s i sta n ce 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.
27. In the case of alleged use of chemical weapons involving a State not Party to th is Co nven tio n o r in terri t ory n o t con t roll ed b y a S t ate 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.
CONTENTS
A. GENERAL PRINCIPLES FOR THE HANDLING OF CONFIDENTIAL INFORMATION
B. EMPLOYMENT AND CONDUCT OF PERSONNEL IN THE TECHNICAL SECRETARIAT
C. MEASURES TO PROTECT SENSITIVE INSTALLATIONS AND PREVENT DISCLOSURE OF CONFIDENTIAL DATA IN THE COURSE OF ON-SITE
VERIFICATION ACTIVITIES
D. PROCEDURES IN CASE OF BREACHES OR ALLEGED BREACHES OF CONFIDENTIALITY
1. The obligation to protect confidential information shall pertain to the verification of both civil and military
activities and facilities. Pursuant to the general obligations set forth in Article VIII, the Organization shall:
(a) Require only the minimum amount of information and data necessary for the timely and efficient carrying out of its responsibilities
under this Convention;
(b) Take the necessary measures to ensure that inspectors and other staff members of the Technical Secretariat meet the highest
standards of efficiency, competence, and integrity;
(c) Develop agreements and regulations to implement the provisions of this Convention and shall specify as precisely as possible the
information to which the Organization shall be given access by a State Party.
2. The Director-General shall have the primary responsibility for ensuring the protection of confidential information. The Director-General
shall establish a stringent regime governing the handling of confidential information by the Te chnical Secretariat, an d in doing
so, sh all observ e t h e f o llow i ng guidelines:
(a) Information shall be considered confidential if:
(i) It is so designated by the State Party from which the information was obtained and to which the information refers; or
(ii) In the judgment of the Director-General, its unauthorized disclosure could reasonably be expected to cause damage
to the State Party to which it refers or to the mechanisms for implementation of this Convention;
(b) All data and documents obtained by the Technical Secretariat shall be evaluated by the appropriate unit of the Technical Secretariat
in order to establish whether they contain confidential information. Data required by States Parties to be assured of the continued
compliance with this Convention by other States Parties shall be routinely provided to them. Such data shall encompass:
(i) The initial and annual reports and declarations provided by States Parties under Articles III, IV, V and VI, in accordance
with the provisions set forth in the Verification Annex;
(ii) General reports on the results and effectiveness of verification activities; and
(iii) Information to be supplied to all States Parties in accordance with the provisions of this Convention;
(c) No information obtained by the Organization in connection with the implementation of this Convention shall be published
or otherwise released, except, as follows:
(i) General information on the implementation of this Convention may be compiled and released publicly in accordance with the
decisions of the Conference or the Executive Council;
(ii) Any information may be released with the express consent of the
State Party to which the information refers;
(iii) Information classified as confidential shall be released by the
Organization only through procedures which ensure that the release of information only occurs in strict conformity with the
needs of this Convention. Such procedures shall be considered and approved by the Conference pursuant to Article VIII,
paragraph 21 (i);
(d) The level of sensitivity of confidential data or documents shall be established, based on criteria to be applied uniformly
in order to ensure their appropriate handling and protection. For this purpose, a classification system shall be
introduced, which by taking account of relevant work undertaken in the preparation of this Convention shall provide for clear
criteria ensuring the inclusion of information into appropriate categories of confidentiality and the justified durability
of the confidential nature of information. While providing for the necessary flexibility in its implementation
the classification system shall protect the rights of States Parties providing confidential information. A classification
system shall be considered and approved by the Conference pursuant to Article VIII, paragraph 21 (i);
(e) Confidential information shall be stored securely at the premises of the Organization. Some data or documents may also be
stored with the National Authority of a State Party. Sensitive information, including, inter alia, photographs, plans and other documents required only for the inspection of a specific facility may be kept under lock and key at
this facility;
(f) To the greatest extent consistent with the effective implementation of the verification provisions of this Convention,
information shall be handled and stored by the Technical Secretariat in a form that precludes direct identification of the facility
to which it pertains;
(g) The amount of confidential information removed from a facility shall be kept to the minimum necessary for the timely
and effective implementation of the verification provisions of this Convention; and
(h) Access to confidential information shall be regulated in accordance with its classification. The dissemination of confidential
information within the Organization shall be strictly on a need-to-know basis.
3. The Director-General shall report annually to the Conference on the implementation of the regim e governing t h
e hand ling 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.
5. Conditions of staff employment shall be such as to ensure that access to and h a n d lin g of co nfid en tial in formatio
n shall b e in con f ormity wi th t h e procedures established by the Director-General in accordance with Section A.
6. Each position in the Technical Secretariat shall be governed by a formal po si ti on de scri pt io n t h at sp ec ifi e s
the scope of acc ess to confide n tia l 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 S t ate, o r gani zation o r person outsi de the Te chn i ca l Se cre t aria t a n y 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 wo uld incur in the event of imp roper disclosure.
11. Not less than 30 days before an employee is given clearance for access to confidential information that refers to activities
on the territory or in any other place under the jurisdiction or control of a State Party, the State Party concerned shall be notified
of the proposed clearance. For inspectors the notification of a proposed designation shall fulfil this requirement.
12. In evaluating the performance of inspectors and any other employees of the Technical Secretariat, specific attention shall
be given to the employee’s record regarding protection of confidential information.
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 in spections in the least in trusive ma nn
er p o ssib le consistent wi th th e effective and timely accomplishment of their mission. They shall take into consideration proposals
which may be made by the State Party receiving the inspec tion, at whatever st age 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 th e requi rement o f protecting con
f idential in format ion. Agr eements 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 acce ss, 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 handl ing of con f ident
i al in form a t i o n. If necessary, t h e inf o rm at ion contained in the report shall be processed into less sensitive forms
before it is transmitted outside the Technical Secretariat and the inspected State Party.
18. The Director-General shall establish necessary procedures to be followed in case of breaches or alleged breaches of confidentiality,
taking into account recommendations to be considered and approved by the Conference pursuant to Article VIII, paragraph 21 (i).
19. The Director-General shall oversee the implementation of individual secrecy agreements. The Director-General shall promptly
initiate an investigation if, in his judgment, there is sufficient indication that obligations concerning the protection of confidential
information have been violated. The Director- Gen e ral shall al so promp tly init iat e an investigati on i f an allegat i on
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 investigati ng any
breach or a l leged bre ach 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 subsidi a ry organ of the Co nfer ence, s h all consider the case . This
Commission shall be appointed by the Conf erence. Rules go verning its composition and operating procedures shall be adopted by the
Conference at its first session.
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