RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  1
CHAPTER 392
RATIFICATION OF CHEMICAL WEAPONS 
CONVENTION ACT
NOTE FROM THE LAW COMMISSIONER: This Act was formally
revoked by article 5 of Act V of 2000, however because of sub-article (2)
of the same article, it is being reproduced in whole.
To authorise the Government to ratify the Convention on the Prohibition
of the Development, Production, Stockpiling and Use of Chemical
Weapons and an their Destruction, to provide for the implementation by
Malta of its provisions and for Malta’s membership of the Organisation for
the Prohibition of Chemical Weapons, and for matters connected therewith
or ancillary thereto.
28th April, 1997
ACT V of 1997, as amended by Legal Notice 216 of 2000.
Title. 
Convention Act.
Interpretation.
Cap. 232.
Aviation Act; 
"Convention" means the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical
Weapons and on their Destruction, signed on behalf of Malta on the
13 January, 1993, in Paris, being a convention, a copy of the
English text of which is set out in the Schedule to this Act;
"Director" means the director of the National Authority for the
purposes of this Act;
"Director General" means the Director General of the Technical
Secretariat;
"Minister" means the Minister responsible for Foreign Affairs
and Environment;
"National Authority" means the body established by the Minister
to act as the Maltese National Authority in accordance with Article
VII of the Convention;
"National Authority Inspector" means a person declared pursuant
to article 5 of this Act;
"OPCW Inspector" means a person designated pursuant to the
Convention as an inspector or inspection assistant;
"Organisation" and "OPCW" means the Organisation for the
Prohibition of Chemical Weapons established pursuant to the
provisions of the Convention, and its constituent bodies;
Cap. 234.
Shipping Act;
"Technical Secretariat" means the technical secretariat of the
  2  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
OPCW established pursuant to Articles VII and VIII of the
Convention.
(2) Any other term or expression used in this Act and in the
Convention has in this Act the same meaning as in the Convention.
Government 
authorised to ratify 
the Convention.
Cap. 304.
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.
Convention, etc., 
to be part of this 
Act.
(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. 4. (1) Any person in Malta, or any citizen or permanent
resident of Malta, whether in Malta or abroad, who -
( a ) undertakes any activity which is prohibited to a state
party under Articles IV and V of the Convention; or
( b ) assists, finances or otherwise takes part in any activity
which leads to the production, development,
acquisition, stockpiling, retaining, direct or indirect
transferring of chemical weapons; or
( c ) uses chemical weapons; or
( d ) engages in military preparations to use chemical
weapons; or
( e ) assists, encourages or induces, in any way, anyone to
engage in any activity prohibited to a state party under
the Convention; or
( f ) uses transfers or receives any chemical product listed
in the schedules to the Convention for purposes other
than those specified in Articles IV and V of the
Convention or in a manner other than that specified in
the Convention; or
( g ) is responsible for a chemical production facility which
produces any part or the whole of any type of chemical
weapon or chemical agent listed in the schedule to the
Convention; or
( h ) knowingly conceals any knowledge or information on
any type of chemical weapons, including old chemical
weapons, production facilities or any activities related
thereto from the competent authorities,
shall be guilty of an offence against this article, and shall be liable,
on conviction, to a fine ( multa ) of not less than ten thousand liri
and not more than one hundred thousand liri or to imprisonment for
a term of not less than eighteen months and not more than fifteen
years:
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  3
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) of this article shall be
recoverable as a civil debt in favour of the Government by the
Director.
National 
Authority.
5. (1) The Minister shall designate or establish a National
Authority to serve as an effective liaison with the Organisation
pursuant to Article VII of the Convention. The National Authority
shall be run by a Director. The Minister shall also designate a
person to be the National Authority Inspector.
(2) ( a )  Any person who has, in accordance with the
Convention, been designated by the Technical
Secretariat to carry out, or assist in, inspections or
visits as inspectors or inspection assistants, shall be an
OPCW inspector for the purposes of this Act.
( b ) OPCW inspectors shall, for the purposes of this Act,
enjoy such privileges and immunities as set out in sub
part B of Part II of the Annex on Implementation and
Verification of the Convention to this Act.
(3) The National Authority shall -
(i) fulfil the obligations as stated in the Convention
in regard to reporting to the Organisation, and in
doing so it may request any information from
those sectors of the industry, business, or any
activity concerned which in the opinion of the
Authority may possess such information or be
engaged in activities covered by the Convention;
(ii) have the power to inspect any premises, after
giving reasonable due notice and after giving the
person in charge of the premises sufficient time
to explain and justify any action carried out
therein, and to give such orders and directions in
order to enforce the implementation of the
provisions of the Convention;
(iii) be responsible for the compiling of a national
register containing information on all types of
existing chemicals and chemical production
facilities, the nature of the activity carried
therein as well as the ultimate destination of the
finished products;
(iv) inform and advise Government of any chemical
weapons or production facility and formulate a
plan for their destruction in accordance with the
provisions of the Convention.
  4  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS 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.
Forfeiture of 
certain substances.
6. (1) Where any substance or article is developed, produced,
stockpiled or is otherwise acquired or retained in contravention of
the provisions of article 4, the substance or article shall be forfeited
to the Government of Malta.
(2) Any Police officer may, without a warrant, seize any
substance or article that is forfeited or that he has reasonable
grounds to believe to be forfeited under subarticle (1) of this
article, and such substance or article shall be retained until the
expiration of sixty days after the seizure, or if a prosecution for an
offence referred to in article 4 in relation to the substance is
instituted before the expiration of that period, until the prosecution
is terminated.
(3) Any person who feels aggrieved by any seizure made in
accordance with subarticle (2) of this article may, within ten days
after the expiration of the sixty days therein referred to, make an
action by application against the Director in the Civil Court, First
Hall, challenging that seizure:
Provided that where in accordance with the same subarticle a
prosecution is instituted, any question relative to the seizure shall
be determined by the Court before which the prosecution is made.
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) of
this article, stating that he has analysed or examined a substance
and stating the result of his analysis or examination, shall be
admissible evidence in a proceeding for an offence under this Act
and shall be  prima facie  evidence of the facts stated in the
certificate and of the correctness of the results of the analysis or
examination.
Tampering with 
instruments.
8. (1) Any person, who -
( a ) interferes with any on-site instrument or approved
equipment with the intention of affecting adversely the
operation of the on-site instrument or approved
equipment; or
False or misleading 
statements, etc.
( 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 subarticle (4) of
article 5 of this Act a statement, whether orally or
written, or presents to the relevant persons a document
or record which is to the knowledge of that person
false or misleading in a material particular; or
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  5
Obstruction of 
inspectors.
( 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
Breach of 
confidentiality.
( 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 of this
Act 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.
Challenge 
inspections.
9. (1) For the purposes of articles 10 and 11:
"challenge inspection" has the same meaning as in the
Convention;
"relevant power" means a power to: 
( a ) search a facility, premises, site, land or other location,
ship, vessel, aircraft or vehicle;
( b ) inspect, examine or take samples of a matter or thing;
( c ) examine and take copies or extracts from any relevant
document;
( d ) measure any quantity of material;
( e ) verify the proper functioning or calibration of any
instrument;
( f ) install or operate an on-site monitoring device;
( g ) interview personnel;
( h ) do any other thing relevant or convenient to be done in
order to achieve a relevant challenge inspection
purpose.
(2) "Relevant challenge inspection purpose" shall be read as a
reference to a purpose of ascertaining whether the purposes of the
Convention or this Act and its regulations are being complied with.
Entry by OPCW 
inspectors, etc.
10. (1) An OPCW inspector or a team of OPCW inspectors
and accompanying National Authority Inspectors may, with the
consent of the occupiers or owner of the facility, premises, site,
land or other location, ship, vessel, aircraft or vehicle, or otherwise
pursuant to a warrant issued under subarticle (1) of article 11 of
this Act, enter upon or into any facility, premises, site, land or
  6  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
other location, ship, vessel, 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) of this article, 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) of this
article where an information is laid before a magistrate alleging
that access to any facility, premises, site, land or other location
within the Maltese territory, or any Maltese ship, vessel, aircraft or
vehicle, is necessary for the purpose of fulfilling Malta’s
obligations under the Convention by the exercise of a relevant
challenge inspection purpose, the magistrate shall issue a warrant
for the purpose of this article authorising relevant persons, named
in the warrant, with such assistance as necessary, and if necessary
by force, to enter upon or into and exercise the relevant powers in
relation to the said facility, premises, site, land, other location,
ship, vessel, aircraft or vehicle.
(2) A warrant issued under this article shall state -
( a ) whether entry is authorised to be made at any time of
the day or night; and
( b ) a day not being later than one month after the day of
issue of the warrant, upon which the warrant ceases to
have effect.
(3) Where, by reason of circumstances of urgency, the Director
or the Minister considers it necessary to do so, an application for a
warrant under subarticle (1) may be made by telephone.
Schedule 1 
Chemicals.
12. Any person in Malta who, or any Maltese citizen or
permanent resident of Malta who, whether in Malta or not,
( a ) produces, acquires, retains or uses a Schedule 1
chemical outside Malta unless such production,
acquisition, retention or use takes place within the
territory of another State Party to the Convention or is
undertaken for the purposes of lawfully transporting
such chemicals to another State Party; or
( b ) exports or attempts to export, a Schedule 1 chemical
other than to another State Party for research, medical,
pharmaceutical or protective purposes; or
( c ) owns or operates a facility which produces, acquires,
retains or uses a Schedule 1 chemical, where the
facility is not a prescribed single small scale facility,
or a prescribed other facility, or a laboratory
synthesising Schedule 1 chemicals for research,
medical or pharmaceutical purpose in aggregate
quantities of less than 100 grams per year,
shall be guilty of an offence against this article and shall be liable,
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  7
on conviction, to the same penalties as provided for in article 4 of
this Act and the provisions of the proviso to subarticle (1) and of
subarticle (2) of article 4 shall apply to an offence against this
article.
Forfeiture upon 
conviction.
13. The forfeiture of any substance or other material which is
found to be in contravention of the provisions of this Act or of the
Convention, shall be an automatic consequence to a conviction for
any offence against any article of this Act.
Authority for 
proceedings.
14. No proceedings for any offence against any article of this
Act may be instituted without the Authority of the Attorney
General.
  8  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
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)
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  9
PREAMBLE
The States Parties to this Convention,
Determined  to act with a view to achieving effective progress towards general and
complete disarmament under strict and effective international control, including the
prohibition and elimination of all types of weapons of mass destruction,
Desiring  to contribute to the realization of the purposes and principles of the Charter
of the United Nations,
Recalling  that the General Assembly of the United Nations has repeatedly
condemned all actions contrary to the principles and objectives of the Protocol for
the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of
Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925 (the Geneva
Protocol of 1925),
Recognizing  that this Convention reaffirms principles and objectives of and
obligations assumed under the Geneva Protocol of 1925, and the Convention on the
Prohibition of the Development, Production and Stockpiling of Bacteriological
(Biological) and Toxin Weapons and on their Destruction signed at London,
Moscow and Washington on 10 April 1972,
Bearing  in mind the objective contained in Article IX of the Convention on the
Prohibition of the Development, Production and Stockpiling of Bacteriological
(Biological) and Toxin Weapons and on their Destruction,
Determined  for the sake of all mankind, to exclude completely the possibility of the
use of chemical weapons, through the implementation of the provisions of this
Convention, thereby complementing the obligations assumed under the Geneva
Protocol of 1925,
Recognizing  the prohibition, embodied in the pertinent agreements and relevant
principles of international law, of the use of herbicides as a method of warfare,
Considering  that achievements in the field of chemistry should be used exclusively
for the benefit of mankind,
Desiring  to promote free trade in chemicals as well as international cooperation and
exchange of scientific and technical information in the field of chemical activities
for purposes not prohibited under this Convention in order to enhance the economic
and technological development of all States Parties,
Convinced  that the complete and effective prohibition of the development,
production, acquisition, stockpiling, retention, transfer and use of chemical
weapons, and their destruction, represent a necessary step towards the achievement
of these common objectives,
Have   agreed  as follows:
  10  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
ARTICLE I
GENERAL OBLIGATIONS
1. Each State Party to this Convention undertakes never under any
circumstances:
( a ) To develop, produce, otherwise acquire, stockpile or retain chemical
weapons, or transfer, directly or indirectly, chemical weapons to
anyone;
( b ) To use chemical weapons;
( c ) To engage in any military preparations to use chemical weapons;
( d ) To assist, encourage or induce, in any way, anyone to engage in any
activity prohibited to a State Party under this Convention.
2. Each State Party undertakes to destroy chemical weapons it owns or
possesses, or that are located in any place under its jurisdiction or control, in
accordance with the provisions of this Convention.
3. Each State Party undertakes to destroy all chemical weapons it abandoned
on the territory of another State Party, in accordance with the provisions of
this Convention.
4. Each State Party undertakes to destroy any chemical weapons production
facilities it owns or possesses, or that are located in any place under its
jurisdiction or control, in accordance with the provisions of this Convention.
5. Each State Party undertakes not to use riot control agents as a method of
warfare.
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  11
ARTICLE II
DEFINITIONS AND CRITERIA
For the purposes of this Convention:
1. "Chemical Weapons" means the following, together or separately:
( a ) Toxic chemicals and their precursors, except where intended for
purposes not prohibited under this Convention, as long as the types and
quantities are consistent with such purposes;
( b ) Munitions and devices, specifically designed to cause death or other
harm through the toxic properties of those toxic chemicals specified in
sub-paragraph ( a ), which would be released as a result of the
employment of such munitions and devices;
( c ) Any equipment specifically designed for use directly in connection with
the employment of munitions and devices specified in sub-paragraph
( b ).
2. "Toxic Chemical" means:
Any chemical which through its chemical action on life processes can cause
death, temporary incapacitation or permanent harm to humans or animals.
This includes all such chemicals, regardless of their origin or of their
method of production, and regardless of whether they are produced in
facilities, in munitions or elsewhere.
(For the purpose of implementing this Convention, toxic chemicals which
have been identified for the application of verification measures are listed in
Schedules contained in the Annex on Chemicals.)
3. "Precursor" means:
Any chemical reactant which takes part at any stage in the production by
whatever method of a toxic chemical. This includes any key component of a
binary or multicomponent chemical system.
(For the purpose of implementing this Convention, precursors which have
been identified for the application of verification measures are listed in
Schedules contained in the Annex on Chemicals.)
4. "Key Component of Binary or Multicomponent Chemical Systems"
(hereinafter referred to as "key component") means:
The precursor which plays the most important role in determining the toxic
properties of the final product and reacts rapidly with other chemicals in the
binary or multicomponent system.
5. "Old Chemical Weapons" means:
( a ) Chemical weapons which were produced before 1925; or
( b ) Chemical weapons produced in the period between 1925 and 1946 that
have deteriorated to such extent that they can no longer be used as
chemical weapons.
6. "Abandoned Chemical Weapons" means:
Chemical weapons, including old chemical weapons, abandoned by a State
after 1 January 1925 on the territory of another State without the consent of
the latter.
7. "Riot Control Agent" means:
  12  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
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. 
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  13
10. "Production Capacity" means:
The annual quantitative potential for manufacturing a specific chemical
based on the technological process actually used or, if the process is not yet
operational, planned to be used at the relevant facility. It shall be deemed to
be equal to the nameplate capacity or, if the nameplate capacity is not
available, to the design capacity. The nameplate capacity is the product
output under conditions optimized for maximum quantity for the production
facility, as demonstrated by one or more test-runs. The design capacity is the
corresponding theoretically calculated product output.
11. "Organization" means the Organization for the Prohibition of Chemical
Weapons established pursuant to Article VIII of this Convention.
12. For the purposes of Article VI:
( a ) "Production" of a chemical means its formation through chemical
reaction;
( b ) "Processing" of a chemical means a physical process, such as
formulation, extraction and purification, in which a chemical is not
converted into another chemical;
( c ) "Consumption" of a chemical means its conversion into another
chemical via a chemical reaction.
  14  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
ARTICLE III
DECLARATIONS
1. Each State Party shall submit to the Organization, not later than 30 days
after this Convention enters into force for it, the following declarations, in
which it shall:
( a ) With respect to chemical weapons:
(i) Declare whether it owns or possesses any chemical weapons, or
whether there are any chemical weapons located in any place
under its jurisdiction or control;
(ii) Specify the precise location, aggregate quantity and detailed
inventory of chemical weapons it owns or possesses, or that are
located in any place under its jurisdiction or control, in
accordance with Part IV (A),   paragraphs 1 to 3, of the
Verification Annex, except for those chemical weapons referred
to in sub-sub-paragraph (iii);
(iii) Report any chemical weapons on its territory that are owned and
possessed by another State and located in any place under the
jurisdiction or control of another State, in accordance with Part IV
(A), paragraph 4, of the Verification Annex;
(iv) Declare whether it has transferred or received, directly or
indirectly, any chemical weapons since 1 January 1946 and
specify the transfer or receipt of such weapons, in accordance
with Part IV (A), paragraph 5, of the Verification Annex;
(v) Provide its general plan for destruction of chemical weapons that
it owns or possesses, or that are located in any place under its
jurisdiction or control, in accordance with Part IV (A), paragraph
6, of the Verification Annex;
( b ) With respect to old chemical weapons and abandoned chemical
weapons:
(i) Declare whether it has on its territory old chemical weapons and
provide all available information in accordance with Part IV (B),
paragraph 3, of the Verification Annex;
(ii) Declare whether there are abandoned chemical weapons on its
territory and provide all available information in accordance with
Part IV (B), paragraph 8, of the Verification Annex;
(iii) Declare whether it has abandoned chemical weapons on the
territory of other States and provide all available information in
accordance with Part IV (B), paragraph 10, of the Verification
Annex;
( c ) With respect to chemical weapons production facilities:
(i) Declare whether it has or has had any chemical weapons
production facility under its ownership or possession, or that is or
has been located in any place under its jurisdiction or control at
any time since 1 January 1946;
(ii) Specify any chemical weapons production facility it has or has
had under its ownership or possession or that is or has been
located in any place under its jurisdiction or control at any time
since 1 January 1946, in accordance with Part V, paragraph 1, of
the Verification Annex, except for those facilities referred to in
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  15
sub-sub-paragraph (iii);
(iii) Report any chemical weapons production facility on its territory
that another State has or has had under its ownership and
possession and that is or has been located in any place under the
jurisdiction or control of another State at any time since 1 January
1946, in accordance with Part V, paragraph 2, of the Verification
Annex;
(iv) Declare whether it has transferred or received, directly or
indirectly, any equipment for the production of chemical weapons
since 1 January 1946 and specify the transfer or receipt of such
equipment, in accordance with Part V, paragraphs 3 to 5, of the
Verification Annex;
(v) Provide its general plan for destruction of any chemical weapons
production facility it owns or possesses, or that is located in any
place under its jurisdiction or control, in accordance with Part V,
paragraph 6, of the Verification Annex;
(vi) Specify actions to be taken for closure of any chemical weapons
production facility it owns or possesses, or that is located in any
place under its jurisdiction or control, in accordance with Part V,
paragraph 1 (i), of the Verification Annex;
(vii) Provide its general plan for any temporary conversion of any
chemical weapons production facility it owns or possesses, or that
is located in any place under its jurisdiction or control, into a
chemical weapons destruction facility, in accordance with Part V,
paragraph 7, of the Verification Annex;
( d ) With respect to other facilities:
Specify the precise location, nature and general scope of activities of
any facility or establishment under its ownership or possession, or
located in any place under its jurisdiction or control, and that has been
designed, constructed or used since 1 January 1946 primarily for
development of chemical weapons. Such declaration shall include,  inter
alia , laboratories and test and evaluation sites;
( e ) With respect to riot control agents: Specify the chemical name,
structural formula and Chemical Abstracts Service (CAS) registry
number, if assigned, of each chemical it holds for riot control purposes.
This declaration shall be updated not later than 30 days after any change
becomes effective.
2. The provisions of this Article and the relevant provisions of Part IV of the
Verification Annex shall not, at the discretion of a State Party, apply to
chemical weapons buried on its territory before 1 January 1977 and which
remain buried, or which had been dumped at sea before 1 January 1985.
  16  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
ARTICLE IV
CHEMICAL WEAPONS
1. The provisions of this Article and the detailed procedures for its
implementation shall apply to all chemical weapons owned or possessed by
a State Party, or that are located in any place under its jurisdiction or
control, except old chemical weapons and abandoned chemical weapons to
which Part IV (B) of the Verification Annex applies.
2. Detailed procedures for the implementation of this Article are set   forth in
the Verification Annex.
3. All locations at which chemical weapons specified in paragraph 1 are stored
or destroyed shall be subject to systematic verification through on-site
inspection and monitoring with on-site instruments, in accordance with Part
IV (A) of the Verification Annex.
4. Each State Party shall, immediately after the declaration under Article III,
paragraph 1 ( a ), has been submitted, provide access to chemical weapons
specified in paragraph 1 for the purpose of systematic verification of the
declaration through on-site inspection. Thereafter, each State Party shall not
remove any of these chemical weapons, except to a chemical weapons
destruction facility. It shall provide access to such chemical weapons, for the
purpose of systematic on-site verification.
5. Each State Party shall provide access to any chemical weapons destruction
facilities and their storage areas, that it owns or possesses, or that are located
in any place under its jurisdiction or control, for the purpose of systematic
verification through on-site inspection and monitoring with on-site
instruments.
6. Each State Party shall destroy all chemical weapons specified in paragraph 1
pursuant to the Verification Annex and in accordance with the agreed rate
and sequence of destruction (hereinafter referred to as "order of
destruction"). Such destruction shall begin not later than two years after this
Convention enters into force for it and shall finish not later than 10 years
after entry into force of this Convention. A State Party is not precluded from
destroying such chemical weapons at a faster rate.
7. Each State Party shall:
( a ) Submit detailed plans for the destruction of chemical weapons specified
in paragraph 1 not later than 60 days before each annual destruction
period begins, in accordance with Part IV (A), paragraph 29, of the
Verification Annex; the detailed plans shall encompass all stocks to be
destroyed during the next annual destruction period;
(b) Submit declarations annually regarding the implementation of its plans
for destruction of chemical weapons specified in paragraph 1, not later
than 60 days after the end of each annual destruction period; and
(c) Certify, not later than 30 days after the destruction process has been
completed, that all chemical weapons specified in paragraph 1 have
been destroyed.
8. If a State ratifies or accedes to this Convention after the 10-year period for
destruction set forth in paragraph 6, it shall destroy chemical weapons
specified in paragraph 1 as soon as possible. The order of destruction and
procedures for stringent verification for such a State Party shall be
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  17
determined by the Executive Council.
9. Any chemical weapons discovered by a State Party after the initial
declaration of chemical weapons shall be reported, secured and destroyed in
accordance with Part IV (A) of the Verification Annex.
10. Each State Party, during transportation, sampling, storage and destruction of
chemical weapons, shall assign the highest priority to ensuring the safety of
people and to protecting the environment. Each State Party shall transport,
sample, store and destroy chemical weapons in accordance with its national
standards for safety and emissions.
11. Any State Party which has on its territory chemical weapons that are owned
or possessed by another State, or that are located in any place under the
jurisdiction or control of another State, shall make the fullest efforts to
ensure that these chemical weapons are removed from its territory not later
than one year after this Convention enters into force for it. If they are not
removed within one year, the State Party may request the Organization and
other States Parties to provide assistance in the destruction of these chemical
weapons.
12. Each State Party undertakes to cooperate with other States Parties that
request information or assistance on a bilateral basis or through the
Technical Secretariat regarding methods and technologies for the safe and
efficient destruction of chemical weapons.
13. In carrying out verification activities pursuant to this Article and Part IV (A)
of the Verification Annex, the Organization shall consider measures to avoid
unnecessary duplication of bilateral or multilateral agreements on
verification of chemical weapons storage and their destruction among States
Parties.
To this end, the Executive Council shall decide to limit verification to
measures complementary to those undertaken pursuant to such a bilateral or
multilateral agreement, if it considers that:
( a ) Verification provisions of such an agreement are consistent with the
verification provisions of this Article and Part IV (A) of the
Verification Annex;
( b ) Implementation of such an agreement provides for sufficient assurance
of compliance with the relevant provisions of this Convention; and
( c ) Parties to the bilateral or multilateral agreement keep the Organization
fully informed about their verification activities.
14. If the Executive Council takes a decision pursuant to paragraph 13, the
Organization shall have the right to monitor the implementation of the
bilateral or multilateral agreement.
15. Nothing in paragraphs 13 and 14 shall affect the obligation of a State Party
to provide declarations pursuant to Article III, this Article and Part IV (A) of
the Verification Annex.
16. Each State Party shall meet the costs of destruction of chemical weapons it
is obliged to destroy. It shall also meet the costs of verification of storage
and destruction of these chemical weapons unless the Executive Council
decides otherwise. If the Executive Council decides to limit verification
measures of the Organization pursuant to paragraph 13, the costs of
complementary verification and monitoring by the Organization shall be
  18  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
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.
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  19
ARTICLE V
CHEMICAL WEAPONS PRODUCTION FACILITIES
1. The provisions of this Article and the detailed procedures for its
implementation shall apply to any and all chemical weapons production
facilities owned or possessed by a State Party, or that are located in any
place under its jurisdiction or control.
2. Detailed procedures for the implementation of this Article are set forth in
the Verification Annex.
3. All chemical weapons production facilities specified in paragraph 1 shall be
subject to systematic verification through on-site inspection and monitoring
with on-site instruments in accordance with Part V of the Verification
Annex.
4. Each State Party shall cease immediately all activity at chemical weapons
production facilities specified in paragraph 1, except activity required for
closure.
5. No State Party shall construct any new chemical weapons production
facilities or modify any existing facilities for the purpose of chemical
weapons production or for any other activity prohibited under this
Convention.
6. Each State Party shall, immediately after the declaration under Article III,
paragraph 1 ( c ), has been submitted, provide access to chemical weapons
production facilities specified in paragraph 1, for the purpose of systematic
verification of the declaration through on-site inspection.
7. Each State Party shall:
( a ) Close, not later than 90 days after this Convention enters into force for
it, all chemical weapons production facilities specified in paragraph 1,
in accordance with Part V of the Verification Annex, and give notice
thereof; and
( b ) Provide access to chemical weapons production facilities specified in
paragraph 1, subsequent to closure, for the purpose of systematic
verification through on-site inspection and monitoring with on-site
instruments in order to ensure that the facility remains closed and is
subsequently destroyed.
8. Each State Party shall destroy all chemical weapons production facilities
specified in paragraph 1 and related facilities and equipment, pursuant to the
Verification Annex and in accordance with an agreed rate and sequence of
destruction (hereinafter referred to as "order of destruction"). Such
destruction shall begin not later than one year after this Convention enters
into force for it, and shall finish not later than 10 years after entry into force
of this Convention. A State Party is not precluded from destroying such
facilities at a faster rate.
9. Each State Party shall:
( a ) Submit detailed plans for destruction of chemical weapons production
facilities specified in paragraph 1, not later than 180 days before the
destruction of each facility begins;
( b ) Submit declarations annually regarding the implementation of its plans
for the destruction of all chemical weapons production facilities
specified in paragraph 1, not later than 90 days after the end of each
  20  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
annual destruction period; and
( c ) Certify, not later than 30 days after the destruction process has been
completed, that all chemical weapons production facilities specified in
paragraph 1 have been destroyed.
10. If a State ratifies or accedes to this Convention after the 10-year period for
destruction set forth in paragraph 8, it shall destroy chemical weapons
production facilities specified in paragraph 1 as soon as possible. The order
of destruction and procedures for stringent verification for such a State Party
shall be determined by the Executive Council.
11. Each State Party, during the destruction of chemical weapons production
facilities, shall assign the highest priority to ensuring the safety of people
and to protecting the environment. Each State Party shall destroy chemical
weapons production facilities in accordance with its national standards for
safety and emissions.
12. Chemical weapons production facilities specified in paragraph 1 may be
temporarily converted for destruction of chemical weapons in accordance
with Part V, paragraphs 18 to 25, of the Verification Annex. Such a
converted facility must be destroyed as soon as it is no longer in use for
destruction of chemical weapons but, in any case, not later than 10 years
after entry into force of this Convention.
13. A State Party may request, in exceptional cases of compelling need,
permission to use a chemical weapons production facility specified in
paragraph 1 for purposes not prohibited under this Convention. Upon the
recommendation of the Executive Council, the Conference of the States
Parties shall decide whether or not to approve the request and shall establish
the conditions upon which approval is contingent in accordance with Part V,
Section D, of the Verification Annex.
14. The chemical weapons production facility shall be converted in such a
manner that the converted facility is not more capable of being reconverted
into a chemical weapons production facility than any other facility used for
industrial, agricultural, research, medical, pharmaceutical or other peaceful
purposes not involving chemicals listed in Schedule 1.
15. All converted facilities shall be subject to systematic verification through
on-site inspection and monitoring with on-site instruments in accordance
with Part V, Section D, of the Verification Annex.
16. In carrying out verification activities pursuant to this Article and Part V of
the Verification Annex, the Organization shall consider measures to avoid
unnecessary duplication of bilateral or multilateral agreements on
verification of chemical weapons production facilities and their destruction
among States Parties.
To this end, the Executive Council shall decide to limit the verification to
measures complementary to those undertaken pursuant to such a bilateral or
multilateral agreement, if it considers that:
( a ) Verification provisions of such an agreement are consistent with the
verification provisions of this Article and Part V of the Verification
Annex;
( b ) Implementation of the agreement provides for sufficient assurance of
compliance with the relevant provisions of this Convention; and
( c ) Parties to the bilateral or multilateral agreement keep the Organization
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  21
fully informed about their verification activities.
17. If the Executive Council takes a decision pursuant to paragraph 16, the
Organization shall have the right to monitor the implementation of the
bilateral or multilateral agreement.
18. Nothing in paragraphs 16 and 17 shall affect the obligation of a State Party
to make declarations pursuant to Article III, this Article and Part V of the
Verification Annex.
19. Each State Party shall meet the costs of destruction of chemical weapons
production facilities it is obliged to destroy. It shall also meet the costs of
verification under this Article unless the Executive Council decides
otherwise. If the Executive Council decides to limit verification measures of
the Organization pursuant to paragraph 16, the costs of complementary
verification and monitoring by the Organization shall be paid in accordance
with the United Nations scale of assessment, as specified in Article VIII,
paragraph 7.
  22  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
ARTICLE VI
ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION
1. Each State Party has the right, subject to the provisions of this Convention,
to develop, produce, otherwise acquire, retain, transfer and use toxic
chemicals and their precursors for purposes not prohibited under this
Convention.
2. Each State Party shall adopt the necessary measures to ensure that toxic
chemicals and their precursors are only developed, produced, otherwise
acquired, retained, transferred, or used within its territory or in any other
place under its jurisdiction or control for purposes not prohibited under this
Convention. To this end, and in order to verify that activities are in
accordance with obligations under this Convention, each State Party shall
subject toxic chemicals and their precursors listed in Schedules 1, 2 and 3 of
the Annex on Chemicals, facilities related to such chemicals, and other
facilities as specified in the Verification Annex, that are located on its
territory or in any other place under its jurisdiction or control, to verification
measures as provided in the Verification Annex.
3. Each State Party shall subject chemicals listed in Schedule 1 (hereinafter
referred to as "Schedule 1 chemicals") to the prohibitions on production,
acquisition, retention, transfer and use as specified in Part VI of the
Verification Annex. It shall subject Schedule 1 chemicals and facilities
specified in Part VI of the Verification Annex to systematic verification
through on-site inspection and monitoring with on-site instruments in
accordance with that Part of the Verification Annex.
4. Each State Party shall subject chemicals listed in Schedule 2 (hereinafter
referred to as "Schedule 2 chemicals") and facilities specified in Part VII of
the Verification Annex to data monitoring and on-site verification in
accordance with that Part of the Verification Annex.
5. Each State Party shall subject chemicals listed in Schedule 3 (hereinafter
referred to as "Schedule 3 chemicals") and facilities specified in Part VIII of
the Verification Annex to data monitoring and on-site verification in
accordance with that Part of the Verification Annex.
6. Each State Party shall subject facilities specified in Part IX of the
Verification Annex to data monitoring and eventual on-site verification in
accordance with that Part of the Verification Annex unless decided
otherwise by the Conference of the States Parties pursuant to Part IX,
paragraph 22, of the Verification Annex.
7. Not later than 30 days after this Convention enters into force for it, each
State Party shall make an initial declaration on relevant chemicals and
facilities in accordance with the Verification Annex.
8. Each State Party shall make annual declarations regarding the relevant
chemicals and facilities in accordance with the Verification Annex.
9. For the purpose of on-site verification, each State Party shall grant to the
inspectors access to facilities as required in the Verification Annex.
10. In conducting verification activities, the Technical Secretariat shall avoid
undue intrusion into the State Party’s chemical activities for purposes not
prohibited under this Convention and, in particular, abide by the provisions
set forth in the Annex on the Protection of Confidential Information
(hereinafter referred to as "Confidentiality Annex").
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  23
11. The provisions of this Article shall be implemented in a manner which
avoids hampering the economic or technological development of States
Parties, and international cooperation in the field of chemical activities for
purposes not prohibited under this Convention including the international
exchange of scientific and technical information and chemicals and
equipment for the production, processing or use of chemicals for purposes
not prohibited under this Convention.
  24  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
ARTICLE VII
NATIONAL IMPLEMENTATION MEASURES
General undertakings
1. Each State Party shall, in accordance with its constitutional processes, adopt
the necessary measures to implement its obligations under this Convention.
In particular, it shall:
( a ) Prohibit natural and legal persons anywhere on its territory or in any
other place under its jurisdiction as recognized by international law
from undertaking any activity prohibited to a State Party under this
Convention, including enacting penal legislation with respect to such
activity;
( b ) Not permit in any place under its control any activity prohibited to a
State Party under this Convention; and
( c ) Extend its penal legislation enacted under 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.
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  25
ARTICLE VIII
THE ORGANIZATION
A. GENERAL PROVISIONS
1. The States Parties to this Convention hereby establish the Organization for
the Prohibition of Chemical Weapons to achieve the object and purpose of
this Convention, to ensure the implementation of its provisions, including
those for international verification of compliance with it, and to provide a
forum for consultation and cooperation among States Parties.
2. All States Parties to this Convention shall be members of the Organization.
A State Party shall not be deprived of its membership in the Organization.
3. The seat of the Headquarters of the Organization shall be The Hague,
Kingdom of the Netherlands.
4. There are hereby established as the organs of the Organization: the
Conference of the States Parties, the Executive Council, and the Technical
Secretariat.
5. The Organization shall conduct its verification activities provided for under
this Convention in the least intrusive manner possible consistent with the
timely and efficient accomplishment of their objectives. It shall request only
the information and data necessary to fulfil its responsibilities under this
Convention. It shall take every precaution to protect the confidentiality of
information on civil and military activities and facilities coming to its
knowledge in the implementation of this Convention and, in particular, shall
abide by the provisions set forth in the Confidentiality Annex.
6. In undertaking its verification activities the Organization shall consider
measures to make use of advances in science and technology.
7. The costs of the Organization’s activities shall be paid by States Parties in
accordance with the United Nations scale of assessment adjusted to take into
account differences in membership between the United Nations and this
Organization, and subject to the provisions of Articles IV and V. Financial
contributions of States Parties to the Preparatory Commission shall be
deducted in an appropriate way from their contributions to the regular
budget. The budget of the Organization shall comprise two separate
chapters, one relating to administrative and other costs, and one relating to
verification costs.
8. A member of the Organization which is in arrears in the payment of its
financial contribution to the Organization shall have no vote in the
Organization if the amount of its arrears equals or exceeds the amount of the
contribution due from it for the preceding two full years. The Conference of
the States Parties may, nevertheless, permit such a member to vote if it is
satisfied that the failure to pay is due to conditions beyond the control of the
member.
B. THE CONFERENCE OF THE STATES PARTIES
Composition, procedures and decision-making
9. The Conference of the States Parties (hereinafter referred to as "the
Conference") shall be composed of all members of this Organization. Each
member shall have one representative in the Conference, who may be
accompanied by alternates and advisers.
  26  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
10. The first session of the Conference shall be convened by the depositary not
later than 30 days after the entry into force of this Convention.
11. The Conference shall meet in regular sessions which shall be held annually
unless it decides otherwise.
12. Special sessions of the Conference shall be convened:
( a ) When decided by the Conference;
( b ) When requested by the Executive Council;
( c ) When requested by any member and supported by one third of the
members; or
( d ) In accordance with paragraph 22 to undertake reviews of the operation
of this Convention.
Except in the case of sub-paragraph ( d ), the special session shall be
convened not later than 30 days after receipt of the request by the Director-
General of the Technical Secretariat, unless specified otherwise in the
request.
13. The Conference shall also be convened in the form of an Amendment
Conference in accordance with Article XV, paragraph 2.
14. Sessions of the Conference shall take place at the seat of the Organization
unless the Conference decides otherwise.
15. The Conference shall adopt its rules of procedure. At the beginning of each
regular session, it shall elect its Chairman and such other officers as may be
required. They shall hold office until a new Chairman and other officers are
elected at the next regular session.
16. A majority of the members of the Organization shall constitute a quorum for
the Conference.
17. Each member of the Organization shall have one vote in the Conference.
18. The Conference shall take decisions on questions of procedure by a simple
majority of the members present and voting. Decisions on matters of
substance should be taken as far as possible by consensus. If consensus is
not attainable when an issue comes up for decision, the Chairman shall defer
any vote for 24 hours and during this period of deferment shall make every
effort to facilitate achievement of consensus, and shall report to the
Conference before the end of this period. If consensus is not possible at the
end of 24 hours, the Conference shall take the decision by a two-thirds
majority of members present and voting unless specified otherwise in this
Convention. When the issue arises as to whether the question is one of
substance or not, that question shall be treated as a matter of substance
unless otherwise decided by the Conference by the majority required for
decisions on matters of substance.
Powers and functions
19. The Conference shall be the principal organ of the Organization. It shall
consider any questions, matters or issues within the scope of this
Convention, including those relating to the powers and functions of the
Executive Council and the Technical Secretariat. It may make
recommendations and take decisions on any questions, matters or issues
related to this Convention raised by a State Party or brought to its attention
by the Executive Council.
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  27
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.
  28  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
C. THE EXECUTIVE COUNCIL
Composition, procedure and decision-making
23. The Executive Council shall consist of 41 members. Each State Party shall
have the right, in accordance with the principle of rotation, to serve on the
Executive Council. The members of the Executive Council shall be elected
by the Conference for a term of two years. In order to ensure the effective
functioning of this Convention, due regard being specially paid to equitable
geographical distribution, to the importance of chemical industry, as well as
to political and security interests, the Executive Council shall be composed
as follows:
( a ) Nine States Parties from Africa to be designated by States Parties
located in this region. As a basis for this designation it is understood
that, out of these nine States Parties, three members shall, as a rule, be
the States Parties with the most significant national chemical industry in
the region as determined by internationally reported and published data;
in addition, the regional group shall agree also to take into account other
regional factors in designating these three members;
( b ) Nine States Parties from Asia to be designated by States Parties located
in this region. As a basis for this designation it is understood that, out of
these nine States Parties, four members shall, as a rule, be the States
Parties with the most significant national chemical industry in the
region as determined by internationally reported and published data; in
addition, the regional group shall agree also to take into account other
regional factors in designating these four members;
( c ) Five States Parties from Eastern Europe to be designated by States
Parties located in this region. As a basis for this designation it is
understood that, out of these five States Parties, one member shall, as a
rule, be the State Party with the most significant national chemical
industry in the region as determined by internationally reported and
published data; in addition, the regional group shall agree also to take
into account other regional factors in designating this one member;
( d ) Seven States Parties from Latin America and the Caribbean to be
designated by States Parties located in this region. As a basis for this
designation it is understood that, out of these seven States Parties, three
members shall, as a rule, be the States Parties with the most significant
national chemical industry in the region as determined by
internationally reported and published data; in addition, the regional
group shall agree also to take into account other regional factors in
designating these three members;
( e ) Ten States Parties from among Western European and other States to be
designated by States Parties located in this region. As a basis for this
designation it is understood that, out of these 10 States Parties, 5
members shall, as a rule, be the States Parties with the most significant
national chemical industry in the region as determined by
internationally reported and published data; in addition, the regional
group shall agree also to take into account other regional factors in
designating these five members;
( f ) One further State Party to be designated consecutively by States Parties
located in the regions of Asia and Latin America and the Caribbean. As
a basis for this designation it is understood that this State Party shall be
a rotating member from these regions.
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  29
24. For the first election of the Executive Council 20 members shall be elected
for a term of one year, due regard being paid to the established numerical
proportions as described in paragraph 23.
25. After the full implementation of Articles IV and V the Conference may,
upon the request of a majority of the members of the Executive Council,
review the composition of the Executive Council taking into account
developments related to the principles specified in paragraph 23 that are
governing its composition.
26. The Executive Council shall elaborate its rules of procedure and submit
them to the Conference for approval.
27. The Executive Council shall elect its Chairman from among its members.
28. The Executive Council shall meet for regular sessions. Between regular
sessions it shall meet as often as may be required for the fulfilment of its
powers and functions.
29. Each member of the Executive Council shall have one vote. Unless
otherwise specified in this Convention, the Executive Council shall take
decisions on matters of substance by a two-thirds majority of all its
members. The Executive Council shall take decisions on questions of
procedure by a simple majority of all its members. When the issue arises as
to whether the question is one of substance or not, that question shall be
treated as a matter of substance unless otherwise decided by the Executive
Council by the majority required for decisions on matters of substance.
Powers and functions
30. The Executive Council shall be the executive organ of the Organization. It
shall be responsible to the Conference. The Executive Council shall carry
out the powers and functions entrusted to it under this Convention, as well as
those functions delegated to it by the Conference. In so doing, it shall act in
conformity with the recommendations, decisions and guidelines of the
Conference and assure their proper and continuous implementation.
31. The Executive Council shall promote the effective implementation of, and
compliance with, this Convention. It shall supervise the activities of the
Technical Secretariat, cooperate with the National Authority of each State
Party and facilitate consultations and cooperation among States Parties at
their request.
32. The Executive Council shall:
 ( a ) Consider and submit to the Conference the draft programme and budget
of the Organization;
( b ) Consider and submit to the Conference the draft report of the
Organization on the implementation of this Convention, the report on
the performance of its own activities and such special reports as it
deems necessary or which the Conference may request;
( c ) Make arrangements for the sessions of the Conference including the
preparation of the draft agenda.
33. The Executive Council may request the convening of a special session of the
Conference.
34. The Executive Council shall:
( a ) Conclude agreements or arrangements with States and international
  30  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
organizations on behalf of the Organization, subject to prior approval by
the Conference;
( b ) Conclude agreements with States Parties on behalf of the Organization
in connection with Article X and supervise the voluntary fund referred
to in Article X;
( c ) Approve agreements or arrangements relating to the implementation of
verification activities, negotiated by the Technical Secretariat with
States Parties.
35. The Executive Council shall consider any issue or matter within its
competence affecting this Convention and its implementation, including
concerns regarding compliance, and cases of non-compliance, and, as
appropriate, inform States Parties and bring the issue or matter to the
attention of the Conference.
36. In its consideration of doubts or concerns regarding compliance and cases of
non-compliance, including,  inter alia , abuse of the rights provided for under
this Convention, the Executive Council shall consult with the States Parties
involved and, as appropriate, request the State Party to take measures to
redress the situation within a specified time. To the extent that the Executive
Council considers further action to be necessary, it shall take,  inter alia , one
or more of the following measures:
( a ) Inform all States Parties of the issue or matter;
( b ) Bring the issue or matter to the attention of the Conference;
( c ) Make recommendations to the Conference regarding measures to
redress the situation and to ensure compliance.
The Executive Council shall, in cases of particular gravity and urgency,
bring the issue or matter, including relevant information and conclusions,
directly to the attention of the United Nations General Assembly and the
United Nations Security Council. It shall at the same time inform all States
Parties of this step.
D. THE TECHNICAL SECRETARIAT
37. The Technical Secretariat shall assist the Conference and the Executive
Council in the performance of their functions. The Technical Secretariat
shall carry out the verification measures provided for in this Convention. It
shall carry out the other functions entrusted to it under this Convention as
well as those functions delegated to it by the Conference and the Executive
Council.
38. The Technical Secretariat shall:
( a ) Prepare and submit to the Executive Council the draft programme and
budget of the Organization;
( b ) Prepare and submit to the Executive Council the draft report of the
Organization on the implementation of this Convention and such other
reports as the Conference or the Executive Council may request;
( c ) Provide administrative and technical support to the Conference, the
Executive Council and subsidiary organs;
( d ) Address and receive communications on behalf of the Organization to
and from States Parties on matters pertaining to the implementation of
this Convention;
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  31
( e ) Provide technical assistance and technical evaluation to States Parties in
the implementation of the provisions of this Convention, including
evaluation of scheduled and unscheduled chemicals.
39. The Technical Secretariat shall:
( a ) Negotiate agreements or arrangements relating to the implementation of
verification activities with States Parties, subject to approval by the
Executive Council;
( b ) Not later than 180 days after entry into force of this Convention,
coordinate the establishment and maintenance of permanent stockpiles
of emergency and humanitarian assistance by States Parties in
accordance with Article X, paragraphs 7 ( b ) and ( c ). The Technical
Secretariat may inspect the items maintained for serviceability. Lists of
items to be stockpiled shall be considered and approved by the
Conference pursuant to paragraph 21 ( i ) above;
( c ) Administer the voluntary fund referred to in Article X, compile
declarations made by the States Parties and register, when requested,
bilateral agreements concluded between States Parties or between a
State Party and the Organization for the purposes of Article X.
40. The Technical Secretariat shall inform the Executive Council of any
problem that has arisen with regard to the discharge of its functions,
including doubts, ambiguities or uncertainties about compliance with this
Convention that have come to its notice in the performance of its
verification activities and that it has been unable to resolve or clarify
through its consultations with the State Party concerned.
41. The Technical Secretariat shall comprise a Director-General, who shall be
its head and chief administrative officer, inspectors and such scientific,
technical and other personnel as may be required.
42. The Inspectorate shall be a unit of the Technical Secretariat and shall act
under the supervision of the Director-General.
43. The Director-General shall be appointed by the Conference upon the
recommendation of the Executive Council for a term of four years,
renewable for one further term, but not thereafter.
44. The Director-General shall be responsible to the Conference and the
Executive Council for the appointment of the staff and the organization and
functioning of the Technical Secretariat. The paramount consideration in the
employment of the staff and in the determination of the conditions of service
shall be the necessity of securing the highest standards of efficiency,
competence and integrity. Only citizens of States Parties shall serve as the
Director-General, as inspectors or as other members of the professional and
clerical staff. Due regard shall be paid to the importance of recruiting the
staff on as wide a geographical basis as possible. Recruitment shall be
guided by the principle that the staff shall be kept to a minimum necessary
for the proper discharge of the responsibilities of the Technical Secretariat.
45. The Director-General shall be responsible for the organization and
functioning of the Scientific Advisory Board referred to in paragraph 21 ( h ).
The Director-General shall, in consultation with States Parties, appoint
members of the Scientific Advisory Board, who shall serve in their
individual capacity. The members of the Board shall be appointed on the
basis of their expertise in the particular scientific fields relevant to the
  32  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
implementation of this Convention. The Director-General may also, as
appropriate, in consultation with members of the Board, establish temporary
working groups of scientific experts to provide recommendations on specific
issues. In regard to the above, States Parties may submit lists of experts to
the Director-General.
46. In the performance of their duties, the Director-General, the inspectors and
the other members of the staff shall not seek or receive instructions from any
Government or from any other source external to the Organization. They
shall refrain from any action that might reflect on their positions as
international officers responsible only to the Conference and the Executive
Council.
47. Each State Party shall respect the exclusively international character of the
responsibilities of the Director-General, the inspectors and the other
members of the staff and not seek to influence them in the discharge of their
responsibilities.
E. PRIVILEGES AND IMMUNITIES
48. The Organization shall enjoy on the territory and in any other place under
the jurisdiction or control of a State Party such legal capacity and such
privileges and immunities as are necessary for the exercise of its functions.
49. Delegates of States Parties, together with their alternates and advisers,
representatives appointed to the Executive Council together with their
alternates and advisers, the Director-General and the staff of the
Organization shall enjoy such privileges and immunities as are necessary in
the independent exercise of their functions in connection with the
Organization.
50. The legal capacity, privileges, and immunities referred to in this Article
shall be defined in agreements between the Organization and the States
Parties as well as in an agreement between the Organization and the State in
which the headquarters of the Organization is seated. These agreements shall
be considered and approved by the Conference pursuant to paragraph 21 ( i ).
51. Notwithstanding paragraphs 48 and 49, the privileges and immunities
enjoyed by the Director-General and the staff of the Technical Secretariat
during the conduct of verification activities shall be those set forth in Part II,
Section B, of the Verification Annex.
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  33
ARTICLE IX
CONSULTATIONS, COOPERATION AND FACT-FINDING
1. States Parties shall consult and cooperate, directly among themselves, or
through the Organization or other appropriate international procedures,
including procedures within the framework of the United Nations and in
accordance with its Charter, on any matter which may be raised relating to
the object and purpose, or the implementation of the provisions, of this
Convention.
2. Without prejudice to the right of any State Party to request a challenge
inspection, States Parties should, whenever possible, first make every effort
to clarify and resolve, through exchange of information and consultations
among themselves, any matter which may cause doubt about compliance
with this Convention, or which gives rise to concerns about a related matter
which may be considered ambiguous. A State Party which receives a request
from another State Party for clarification of any matter which the requesting
State Party believes causes such a doubt or concern shall provide the
requesting State Party as soon as possible, but in any case not later than 10
days after the request, with information sufficient to answer the doubt or
concern raised along with an explanation of how the information provided
resolves the matter. Nothing in this Convention shall affect the right of any
two or more States Parties to arrange by mutual consent for inspections or
any other procedures among themselves to clarify and resolve any matter
which may cause doubt about compliance or gives rise to a concern about a
related matter which may be considered ambiguous. Such arrangements
shall not affect the rights and obligations of any State Party under other
provisions of this Convention.
Procedure for requesting clarification
3. A State Party shall have the right to request the Executive Council to assist
in clarifying any situation which may be considered ambiguous or which
gives rise to a concern about the possible non-compliance of another State
Party with this Convention. The Executive Council shall provide appropriate
information in its possession relevant to such a concern.
4. A   State Party shall have the right to request the Executive Council to obtain
clarification from another State Party on any situation which may be
considered ambiguous or which gives rise to a concern about its possible
non-compliance with this Convention. In such a case, the following shall
apply:
( a ) The Executive Council shall forward the request for clarification to the
State Party concerned through the Director-General not later than 24
hours after its receipt;
( b ) The requested State Party shall provide the clarification to the
Executive Council as soon as possible, but in any case not later than 10
days after the receipt of the request;
( c ) The Executive Council shall take note of the clarification and forward it
to the requesting State Party not later than 24 hours after its receipt;
( d ) If the requesting State Party deems the clarification to be inadequate, it
shall have the right to request the Executive Council to obtain from the
requested State Party further clarification;
( e ) For the purpose of obtaining further clarification requested under sub-
  34  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
paragraph ( d ), the Executive Council may call on the Director-General
to establish a group of experts from the Technical Secretariat, or if
appropriate staff are not available in the Technical Secretariat, from
elsewhere, to examine all available information and data relevant to the
situation causing the concern. The group of experts shall submit a
factual report to the Executive Council on its findings;
( f ) If the requesting State Party considers the clarification obtained under
sub-paragraphs ( d ) and ( e ) to be unsatisfactory, it shall have the right to
request a special session of the Executive Council in which States
Parties involved that are not members of the Executive Council shall be
entitled to take part. In such a special session, the Executive Council
shall consider the matter and may recommend any measure it deems
appropriate to resolve the situation.
5. A State Party shall also have the right to request the Executive Council to
clarify any situation which has been considered ambiguous or has given rise
to a concern about its possible non-compliance with this Convention. The
Executive Council shall respond by providing such assistance as
appropriate.
6. The Executive Council shall inform the States Parties about any request for
clarification provided in this Article.
7. If the doubt or concern of a State Party about a possible non-compliance has
not been resolved within 60 days after the submission of the request for
clarification to the Executive Council, or it believes its doubts warrant
urgent consideration, notwithstanding its right to request a challenge
inspection, it may request a special session of the Conference in accordance
with Article VIII, paragraph 12 ( c ). At such a special session, the
Conference shall consider the matter and may recommend any measure it
deems appropriate to resolve the situation.
Procedures for challenge inspections
8. Each State Party has the right to request an on-site challenge inspection of
any facility or location in the territory or in any other place under the
jurisdiction or control of any other State Party for the sole purpose of
clarifying and resolving any questions concerning possible non-compliance
with the provisions of this Convention, and to have this inspection
conducted anywhere without delay by an inspection team designated by the
Director-General and in accordance with the Verification Annex.
9. Each State Party is under the obligation to keep the inspection request
within the scope of this Convention and to provide in the inspection request
all appropriate information on the basis of which a concern has arisen
regarding possible non-compliance with this Convention as specified in the
Verification Annex. Each State Party shall refrain from unfounded
inspection requests, care being taken to avoid abuse. The challenge
inspection shall be carried out for the sole purpose of determining facts
relating to the possible non-compliance.
10. For the purpose of verifying compliance with the provisions of this
Convention, each State Party shall permit the Technical Secretariat to
conduct the on-site challenge inspection pursuant to paragraph 8.
11. Pursuant to a request for a challenge inspection of a facility or location, and
in accordance with the procedures provided for in the Verification Annex,
the inspected State Party shall have:
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  35
( a ) The right and the obligation to make every reasonable effort to
demonstrate its compliance with this Convention and, to this end, to
enable the inspection team to fulfil its mandate;
( b ) The obligation to provide access within the requested site for the sole
purpose of establishing facts relevant to the concern regarding possible
non-compliance; and
( c ) The right to take measures to protect sensitive installations, and to
prevent disclosure of confidential information and data, not related to
this Convention.
12. With regard to an observer, the following shall apply:
( a ) The requesting State Party may, subject to the agreement of the
inspected State Party, send a representative who may be a national
either of the requesting State Party or of a third State Party, to observe
the conduct of the challenge inspection.
( b ) The inspected State Party shall then grant access to the observer in
accordance with the Verification Annex.
( c ) The inspected State Party shall, as a rule, accept the proposed observer,
but if the inspected State Party exercises a refusal, that fact shall be
recorded in the final report.
13. The requesting State Party shall present an inspection request for an on-site
challenge inspection to the Executive Council and at the same time to the
Director-General for immediate processing.
14. The Director-General shall immediately ascertain that the inspection request
meets the requirements specified in Part X, paragraph 4, of the Verification
Annex, and, if necessary, assist the requesting State Party in filing the
inspection request accordingly. When the inspection request fulfils the
requirements, preparations for the challenge inspection shall begin.
15. The Director-General shall transmit the inspection request to the inspected
State Party not less than 12 hours before the planned arrival of the inspection
team at the point of entry.
16. After having received the inspection request, the Executive Council shall
take cognizance of the Director-General’s actions on the request and shall
keep the case under its consideration throughout the inspection procedure.
However, its deliberations shall not delay the inspection process.
17. The Executive Council may, not later than 12 hours after having received
the inspection request, decide by a three-quarter majority of all its members
against carrying out the challenge inspection, if it considers the inspection
request to be frivolous, abusive or clearly beyond the scope of this
Convention as described in paragraph 8. Neither the requesting nor the
inspected State Party shall participate in such a decision. If the Executive
Council decides against the challenge inspection, preparations shall be
stopped, no further action on the inspection request shall be taken, and the
States Parties concerned shall be informed accordingly.
18. The Director-General shall issue an inspection mandate for the conduct of
the challenge inspection. The inspection mandate shall be the inspection
request referred to in paragraphs 8 and 9 put into operational terms, and
shall conform with the inspection request.
19. The challenge inspection shall be conducted in accordance with Part X or, in
  36  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
the case of alleged use, in accordance with Part XI of the Verification
Annex. The inspection team shall be guided by the principle of conducting
the challenge inspection in the least intrusive manner possible, consistent
with the effective and timely accomplishment of its mission.
20. The inspected State Party shall assist the inspection team throughout the
challenge inspection and facilitate its task. If the inspected State Party
proposes, pursuant to Part X, Section C, of the Verification Annex,
arrangements to demonstrate compliance with this Convention, alternative
to full and comprehensive access, it shall make every reasonable effort,
through consultations with the inspection team, to reach agreement on the
modalities for establishing the facts with the aim of demonstrating its
compliance.
21. The final report shall contain the factual findings as well as an assessment
by the inspection team of the degree and nature of access and cooperation
granted for the satisfactory implementation of the challenge inspection. The
Director-General shall promptly transmit the final report of the inspection
team to the requesting State Party, to the inspected State Party, to the
Executive Council and to all other States Parties. The Director-General shall
further transmit promptly to the Executive Council the assessments of the
requesting and of the inspected States Parties, as well as the views of other
States Parties which may be conveyed to the Director-General for that
purpose, and then provide them to all States Parties.
22. The Executive Council shall, in accordance with its powers and functions,
review the final report of the inspection team as soon as it is presented, and
address any concerns as to:
( a ) Whether any non-compliance has occurred;
( b ) Whether the request had been within the scope of this Convention; and
( c ) Whether the right to request a challenge inspection had been abused.
23. If the Executive Council reaches the conclusion, in keeping with its powers
and functions, that further action may be necessary with regard to paragraph
22, it shall take the appropriate measures to redress the situation and to
ensure compliance with this Convention, including specific recommenda-
tions to the Conference. In the case of abuse, the Executive Council shall
examine whether the requesting State Party should bear any of the financial
implications of the challenge inspection.
24. The requesting State Party and the inspected State Party shall have the right
to participate in the review process. The Executive Council shall inform the
States Parties and the next session of the Conference of the outcome of the
process.
25. If the Executive Council has made specific recommendations to the
Conference, the Conference shall consider action in accordance with Article
XII.
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  37
ARTICLE X
ASSISTANCE AND PROTECTION AGAINST CHEMICAL WEAPONS
1. For the purposes of this Article, "Assistance" means the coordination and
delivery to States Parties of protection against chemical weapons, including,
inter   alia , the following: detection equipment and alarm systems; protective
equipment; decontamination equipment and decontaminants; medical
antidotes and treatments; and advice on any of these protective measures.
2. Nothing in this Convention shall be interpreted as impeding the right of any
State Party to conduct research into, develop, produce, acquire, transfer or
use means of protection against chemical weapons, for purposes not
prohibited under this Convention.
3. Each State Party undertakes to facilitate, and shall have the right to
participate in, the fullest possible exchange of equipment, material and
scientific and technological information concerning means of protection
against chemical weapons.
4. For the purposes of increasing the transparency of national programmes
related to protective purposes, each State Party shall provide annually to the
Technical Secretariat information on its programme, in accordance with
procedures to be considered and approved by the Conference pursuant to
Article VIII, paragraph 21 ( i ).
5. The Technical Secretariat shall establish, not later than 180 days after entry
into force of this Convention and maintain, for the use of any requesting
State Party, a data bank containing freely available information concerning
various means of protection against chemical weapons as well as such
information as may be provided by States Parties.
The Technical Secretariat shall also, within the resources available to it, and
at the request of a State Party, provide expert advice and assist the State
Party in identifying how its programmes for the development and
improvement of a protective capacity against chemical weapons could be
implemented.
6. Nothing in this Convention shall be interpreted as impeding the right of
States Parties to request and provide assistance bilaterally and to conclude
individual agreements with other States Parties concerning the emergency
procurement of assistance.
7. Each State Party undertakes to provide assistance through the Organization
and to this end to elect to take one or more of the following measures:
( a ) To contribute to the voluntary fund for assistance to be established by
the Conference at its first session;
( b ) To conclude, if possible not later than 180 days after this Convention
enters into force for it, agreements with the Organization concerning the
procurement, upon demand, of assistance;
( c ) To declare, not later than 180 days after this Convention enters into
force for it, the kind of assistance it might provide in response to an
appeal by the Organization. If, however, a State Party subsequently is
unable to provide the assistance envisaged in its declaration, it is still
under the obligation to provide assistance in accordance with this
paragraph.
8. Each State Party has the right to request and, subject to the procedures set
  38  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
forth in paragraphs 9, 10 and 11, to receive assistance and protection against
the use or threat of use of chemical weapons if it considers that:
( a ) Chemical weapons have been used against it;
( b ) Riot control agents have been used against it as a method of warfare; or
( c ) It is threatened by actions or activities of any State that are prohibited
for States Parties by Article I.
9. The request, substantiated by relevant information, shall be submitted to the
Director-General, who shall transmit it immediately to the Executive
Council and to all States Parties. The Director-General shall immediately
forward the request to States Parties which have volunteered, in accordance
with paragraphs 7 ( b ) and ( c ), to dispatch emergency assistance in case of
use of chemical weapons or use of riot control agents as a method of
warfare, or humanitarian assistance in case of serious threat of use of
chemical weapons or serious threat of use of riot control agents as a method
of warfare to the State Party concerned not later than 12 hours after receipt
of the request. The Director-General shall initiate, not later than 24 hours
after receipt of the request, an investigation in order to provide foundation
for further action. He shall complete the investigation within 72 hours and
forward a report to the Executive Council. If additional time is required for
completion of the investigation, an interim report shall be submitted within
the same time-frame. The additional time required for investigation shall not
exceed 72 hours. It may, however, be further extended by similar periods.
Reports at the end of each additional period shall be submitted to the
Executive Council. The investigation shall, as appropriate and in conformity
with the request and the information accompanying the request, establish
relevant facts related to the request as well as the type and scope of
supplementary assistance and protection needed.
10. The Executive Council shall meet not later than 24 hours after receiving an
investigation report to consider the situation and shall take a decision by
simple majority within the following 24 hours on whether to instruct the
Technical Secretariat to provide supplementary assistance. The Technical
Secretariat shall immediately transmit to all States Parties and relevant
international organizations the investigation report and the decision taken by
the Executive Council. When so decided by the Executive Council, the
Director-General shall provide assistance immediately. For this purpose, the
Director-General may cooperate with the requesting State Party, other States
Parties and relevant international organizations. The States Parties shall
make the fullest possible efforts to provide assistance.
11. If the information available from the ongoing investigation or other reliable
sources would give sufficient proof that there are victims of use of chemical
weapons and immediate action is indispensable, the Director-General shall
notify all States Parties and shall take emergency measures of assistance,
using the resources the Conference has placed at his disposal for such
contingencies. The Director-General shall keep the Executive Council
informed of actions undertaken pursuant to this paragraph.
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  39
ARTICLE XI
ECONOMIC AND TECHNOLOGICAL DEVELOPMENT
1. The provisions of this Convention shall be implemented in a manner which
avoids hampering the economic or technological development of States
Parties, and international cooperation in the field of chemical activities for
purposes not prohibited under this Convention including the international
exchange of scientific and technical information and chemicals and
equipment for the production, processing or use of chemicals for purposes
not prohibited under this Convention.
2. Subject to the provisions of this Convention and without prejudice to the
principles and applicable rules of international law, the States Parties shall:
( a ) Have the right, individually or collectively, to conduct research with, to
develop, produce, acquire, retain, transfer, and use chemicals;
( b ) Undertake to facilitate, and have the right to participate in, the fullest
possible exchange of chemicals, equipment and scientific and technical
information relating to the development and application of chemistry
for purposes not prohibited under this Convention;
( c ) Not maintain among themselves any restrictions, including those in any
international agreements, incompatible with the obligations undertaken
under this Convention, which would restrict or impede trade and the
development and promotion of scientific and technological knowledge
in the field of chemistry for industrial, agricultural, research, medical,
pharmaceutical or other peaceful purposes;
( d ) Not use this Convention as grounds for applying any measures other
than those provided for, or permitted, under this Convention nor use any
other international agreement for pursuing an objective inconsistent
with this Convention;
( e ) Undertake to review their existing national regulations in the field of
trade in chemicals in order to render them consistent with the object and
purpose of this Convention.
  40  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
ARTICLE XII
MEASURES TO REDRESS A SITUATION AND TO ENSURE COMPLIANCE, 
INCLUDING SANCTIONS
1. The Conference shall take the necessary measures, as set forth in paragraphs
2, 3 and 4, to ensure compliance with this Convention and to redress and
remedy any situation which contravenes the provisions of this Convention.
In considering action pursuant to this paragraph, the Conference shall take
into account all information and recommendations on the issues submitted
by the Executive Council.
2. In cases where a State Party has been requested by the Executive Council to
take measures to redress a situation raising problems with regard to its
compliance, and where the State Party fails to fulfil the request within the
specified time, the Conference may,  inter   alia , upon the recommendation of
the Executive Council, restrict or suspend the State Party’s rights and
privileges under this Convention until it undertakes the necessary action to
conform with its obligations under this Convention.
3. In cases where serious damage to the object and purpose of this Convention
may result from activities prohibited under this Convention, in particular by
Article I, the Conference may recommend collective measures to States
Parties in conformity with international law.
4. The Conference shall, in cases of particular gravity, bring the issue,
including relevant information and conclusions, to the attention of the
United Nations General Assembly and the United Nations Security Council.
ARTICLE XIII
RELATION TO OTHER INTERNATIONAL AGREEMENTS
Nothing in this Convention shall be interpreted as in any way limiting or
detracting from the obligations assumed by any State under the Protocol for
the Prohibition of the Use in War of Asphyxiating, Poisonous or Other
Gases, and of Bacteriological Methods of Warfare, signed at Geneva on 17
June 1925, and under the Convention on the Prohibition of the Development,
Production and Stockpiling of Bacteriological (Biological) and Toxin
Weapons and on Their Destruction, signed at London, Moscow and
Washington on 10 April 1972.
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  41
ARTICLE XIV
SETTLEMENT OF DISPUTES
1. Disputes that may arise concerning the application or the interpretation of
this Convention shall be settled in accordance with the relevant provisions
of this Convention and in conformity with the provisions of the Charter of
the United Nations.
2. When a dispute arises between two or more States Parties, or between one or
more States Parties and the Organization, relating to the interpretation or
application of this Convention, the parties concerned shall consult together
with a view to the expeditious settlement of the dispute by negotiation or by
other peaceful means of the parties’ choice, including recourse to
appropriate organs of this Convention and, by mutual consent, referral to the
International Court of Justice in conformity with the Statute of the Court.
The States Parties involved shall keep the Executive Council informed of
actions being taken.
3. The Executive Council may contribute to the settlement of a dispute by
whatever means it deems appropriate, including offering its good offices,
calling upon the States Parties to a dispute to start the settlement process of
their choice and recommending a time-limit for any agreed procedure.
4. The Conference shall consider questions related to disputes raised by States
Parties or brought to its attention by the Executive Council. The Conference
shall, as it finds necessary, establish or entrust organs with tasks related to
the settlement of these disputes in conformity with Article VIII, paragraph
21 ( f ).
5. The Conference and the Executive Council are separately empowered,
subject to authorization from the General Assembly of the United Nations,
to request the International Court of Justice to give an advisory opinion on
any legal question arising within the scope of the activities of the
Organization. An agreement between the Organization and the United
Nations shall be concluded for this purpose in accordance with Article VIII,
paragraph 34 ( a ).
6. This Article is without prejudice to Article IX or to the provisions on
measures to redress a situation and to ensure compliance, including
sanctions.
  42  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
ARTICLE XV
AMENDMENTS
1. Any State Party may propose amendments to this Convention. Any State
Party may also propose changes, as specified in paragraph 4, to the Annexes
of this Convention. Proposals for amendments shall be subject to the
procedures in paragraphs 2 and 3. Proposals for changes, as specified in
paragraph 4, shall be subject to the procedures in paragraph 5.
2. The text of a proposed amendment shall be submitted to the Director-
General for circulation to all States Parties and to the Depositary. The
proposed amendment shall be considered only by an Amendment
Conference. Such an Amendment Conference shall be convened if one third
or more of the States Parties notify the Director-General not later than 30
days after its circulation that they support further consideration of the
proposal. The Amendment Conference shall be held immediately following
a regular session of the Conference unless the requesting States Parties ask
for an earlier meeting. In no case shall an Amendment Conference be held
less than 60 days after the circulation of the proposed amendment.
3. Amendments shall enter into force for all States Parties 30 days after deposit
of the instruments of ratification or acceptance by all the States Parties
referred to under sub-paragraph ( b ) below:
( a ) When adopted by the Amendment Conference by a positive vote of a
majority of all States Parties with no State Party casting a negative vote;
and
( b ) Ratified or accepted by all those States Parties casting a positive vote at
the Amendment Conference.
4. In order to ensure the viability and the effectiveness of this Convention,
provisions in the Annexes shall be subject to changes in accordance with
paragraph 5, if proposed changes are related only to matters of an
administrative or technical nature. All changes to the Annex on Chemicals
shall be made in accordance with paragraph 5. Sections A and C of the
Confidentiality Annex, Part X of the Verification Annex, and those
definitions in Part I of the Verification Annex which relate exclusively to
challenge inspections, shall not be subject to changes in accordance with
paragraph 5.
5. Proposed changes referred to in paragraph 4 shall be made in accordance
with the following procedures:
( a ) The text of the proposed changes shall be transmitted together with the
necessary information to the Director-General. Additional information
for the evaluation of the proposal may be provided by any State Party
and the Director-General. The Director-General shall promptly
communicate any such proposals and information to all States Parties,
the Executive Council and the Depositary;
( b ) Not later than 60 days after its receipt, the Director-General shall
evaluate the proposal to determine all its possible consequences for the
provisions of this Convention and its implementation and shall
communicate any such information to all States Parties and the
Executive Council;
( c ) The Executive Council shall examine the proposal in the light of all
information available to it, including whether the proposal fulfils the
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  43
requirements of paragraph 4. Not later than 90 days after its receipt, the
Executive Council shall notify its recommendation, with appropriate
explanations, to all States Parties for consideration. States Parties shall
acknowledge receipt within 10 days;
( d ) If the Executive Council recommends to all States Parties that the
proposal be adopted, it shall be considered approved if no State Party
objects to it within 90 days after receipt of the recommendation. If the
Executive Council recommends that the proposal be rejected, it shall be
considered rejected if no State Party objects to the rejection within 90
days after receipt of the recommendation;
( e ) If a recommendation of the Executive Council does not meet with the
acceptance required under sub-paragraph ( d ), a decision on the
proposal, including whether it fulfils the requirements of paragraph 4,
shall be taken as a matter of substance by the Conference at its next
session;
( f ) The Director-General shall notify all States Parties and the Depositary
of any decision under this paragraph;
( g ) Changes approved under this procedure shall enter into force for all
States Parties 180 days after the date of notification by the Director-
General of their approval unless another time period is recommended by
the Executive Council or decided by the Conference.
  44  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
ARTICLE XVI
DURATION AND WITHDRAWAL
1. This Convention shall be of unlimited duration.
2. Each State Party shall, in exercising its national sovereignty, have the right
to withdraw from this Convention if it decides that extraordinary events,
related to the subject-matter of this Convention, have jeopardized the
supreme interests of its country. It shall give notice of such withdrawal 90
days in advance to all other States Parties, the Executive Council, the
Depositary and the United Nations Security Council. Such notice shall
include a statement of the extraordinary events it regards as having
jeopardized its supreme interests.
3. The withdrawal of a State Party from this Convention shall not in any way
affect the duty of States to continue fulfilling the obligations assumed under
any relevant rules of international law, particularly the Geneva Protocol of
1925.
ARTICLE XVII
STATUS OF THE ANNEXES
The Annexes form an integral part of this Convention. Any reference to this
Convention includes the Annexes.
ARTICLE XVIII
SIGNATURE
This Convention shall be open for signature for all States before its entry
into force.
ARTICLE XIX
RATIFICATION
This Convention shall be subject to ratification by States Signatories
according to their respective constitutional processes.
ARTICLE XX
ACCESSION
Any State which does not sign this Convention before its entry into force
may accede to it at any time thereafter.
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  45
ARTICLE XXI
ENTRY INTO FORCE
1. This Convention shall enter into force 180 days after the date of the deposit
of the 65th instrument of ratification, but in no case earlier than two years
after its opening for signature.
2. For States whose instruments of ratification or accession are deposited
subsequent to the entry into force of this Convention, it shall enter into force
on the 30th day following the date of deposit of their instrument of
ratification or accession.
ARTICLE XXII
RESERVATIONS
The Articles of this Convention shall not be subject to reservations. The
Annexes of this Convention shall not be subject to reservations incompatible
with its object and purpose.
ARTICLE XXIII
DEPOSITARY
The Secretary-General of the United Nations is hereby designated as the
Depositary of this Convention and shall,  inter   alia :
( a ) Promptly inform all signatory and acceding States of the date of each
signature, the date of deposit of each instrument of ratification or
accession and the date of the entry into force of this Convention, and of
the receipt of other notices;
( b ) Transmit duly certified copies of this Convention to the Governments of
all signatory and acceding States; and
( c ) Register this Convention pursuant to Article 102 of the Charter of the
United Nations.
  ARTICLE XXIV 
AUTHENTIC TEXTS
This Convention, of which the Arabic, Chinese, English, French, Russian
and Spanish texts are equally authentic, shall be deposited with the
Secretary-General of the United Nations.
IN WITNESS WHEREOF the undersigned, being duly authorized to that
effect, have signed this Convention.
Done at Paris on the thirteenth day of January, one thousand nine hundred
and ninety-three.
  46  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
ANNEX ON CHEMICALS
CONTENTS
A. GUIDELINES FOR SCHEDULES OF CHEMICALS
B. SCHEDULES OF CHEMICALS
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  47
A. GUIDELINES FOR SCHEDULES OF CHEMICALS
Guidelines for Schedule 1
1. The following criteria shall be taken into account in considering whether a
toxic chemical or precursor should be included in Schedule 1:
( a ) It has been developed, produced, stockpiled or used as a chemical
weapon as defined in Article II;
( b ) It poses otherwise a high risk to the object and purpose of this
Convention by virtue of its high potential for use in activities prohibited
under this Convention because one or more of the following conditions
are met:
(i) It possesses a chemical structure closely related to that of other
toxic chemicals listed in Schedule l, and has, or can be expected
to have, comparable properties;
(ii) It possesses such lethal or incapacitating toxicity as well as other
properties that would enable it to be used as a chemical weapon;
(iii) It may be used as a precursor in the final single technological
stage of production of a toxic chemical listed in Schedule l,
regardless of whether this stage takes place in facilities, in
munitions or elsewhere;
( c ) It has little or no use for purposes not prohibited under this Convention.
Guidelines for Schedule 2
2. The following criteria shall be taken into account in considering whether a
toxic chemical not listed in Schedule 1 or a precursor to a Schedule 1
chemical or to a chemical listed in Schedule 2, part A, should be included in
Schedule 2:
( a ) It poses a significant risk to the object and purpose of this Convention
because it possesses such lethal or incapacitating toxicity as well as
other properties that could enable it to be used as a chemical weapon;
( b ) It may be used as a precursor in one of the chemical reactions at the
final stage of formation of a chemical listed in Schedule 1 or Schedule
2, part A;
( c ) It poses a significant risk to the object and purpose of this Convention
by virtue of its importance in the production of a chemical listed in
Schedule 1 or Schedule 2, part A;
( d ) It is not produced in large commercial quantities for purposes not
prohibited under this Convention.
Guidelines for Schedule 3
3. The following criteria shall be taken into account in considering whether a
toxic chemical or precursor, not listed in other Schedules, should be
included in Schedule 3:
( a ) It has been produced, stockpiled or used as a chemical weapon;
( b ) It poses otherwise a risk to the object and purpose of this Convention
because it possesses such lethal or incapacitating toxicity as well as
other properties that might enable it to be used as a chemical weapon;
( c ) It poses a risk to the object and purpose of this Convention by virtue of
its importance in the production of one or more chemicals listed in
  48  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
Schedule 1 or Schedule 2, part B;
( d ) It may be produced in large commercial quantities for purposes not
prohibited under this Convention.
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  49
B. SCHEDULES OF CHEMICALS
The following Schedules list toxic chemicals and their precursors. For the
purpose of implementing this Convention, these Schedules identify
chemicals for the application of verification measures according to the
provisions of the Verification Annex. Pursuant to Article II, sub-paragraph 1
( a ), these Schedules do not constitute a definition of chemical weapons.
(Whenever reference is made to groups of dialkylated chemicals, followed
by a list of alkyl groups in parentheses, all chemicals possible by all possible
combinations of alkyl groups listed in the parentheses are considered as
listed in the respective Schedule as long as they are not explicitly exempted.
A chemical marked "*" on Schedule 2, part A, is subject to special
thresholds for declaration and verification, as specified in Part VII of the
Verification Annex.)
Schedule 1
(CAS registry 
number)
A. Toxic chemicals:
(1) O-Alkyl ( < C 10 , incl. cycloalkyl) alkyl 
(Me, Et, n-Pr or i-Pr)-phosphonofluoridates
e.g. Sarin: O-Isopropyl methylphosphonofluoridate (107-44-8)
Soman: O-Pinacolyl methylphosphonofluoridate (96-64-0)
(2) O-Alkyl ( < C 10 , incl. cycloalkyl) N,N-dialkyl
(Me, Et, n-Pr or i-Pr) phosphoramidocyanidates
e.g. Tabun: O-Ethyl N,N-dimethyl
phosphoramidocyanidate (77-81-6)
(3) O-Alkyl (H or  < C 10 , incl. cycloalkyl) S-2-dialkyl
(Me, Et, n-Pr or i-Pr)-aminoethyl alkyl
(Me, Et, n-Pr or i-Pr) phosphonothiolates and
corresponding alkylated or protonated salts
  e.g. VX: O-Ethyl S-2-diisopropylaminoethyl
 methyl phosphonothiolate (50782-69-9)
(4) Sulfur mustards:
  2-Chloroethylchloromethylsulfide  (2625-76-5)
  Mustard gas: Bis(2-chloroethyl)sulfide (505-60-2)
Bis(2-chloroethylthio)methane (63869-13-6)
Sesquimustard: 1,2-Bis(2-chloroethylthio)ethane (3563-36-8)
1,3-Bis(2-chloroethylthio)-n-propane (63905-10-2)
1,4-Bis(2-chloroethylthio)-n-butane (142868-93-7)
1,5-Bis(2-chloroethylthio)-n-pentane (142868-94-8)
  50  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
Bis(2-chloroethylthiomethyl)ether (63918-90-1)
  O-Mustard: Bis(2-chloroethylthioethyl)ether (63918-89-8)
(5) Lewisites:
Lewisite 1: 2-Chlorovinyldichloroarsine (541-25-3)
Lewisite 2: Bis(2-chlorovinyl)chloroarsine (40334-69-8)
Lewisite 3: Tris(2-chlorovinyl)arsine (40334-70-1)
(6) Nitrogen mustards:
HN1: Bis(2-chloroethyl)ethylamine (538-07-8)
HN2: Bis(2-chloroethyl)methylamine (51-75-2)
HN3: Tris(2-chloroethyl)amine (555-77-1)
(7) Saxitoxin (35523-89-8)
(8) Ricin (9009-86-3)
B. Precursors:
(9) Alkyl (Me, Et, n-Pr or i-Pr) phosphonyldifluorides
e.g. DF: Methylphosphonyldifluoride (676-99-3)
(10) O-Alkyl (H or  < C 10 , incl. cycloalkyl) O-2-dialkyl
(Me, Et, n-Pr or i-Pr)-aminoethyl alkyl
(Me, Et, n-Pr or i-Pr) phosphonites and
corresponding alkylated or protonated salts
e.g. QL: O-Ethyl O-2-diisopropylaminoethyl
  methylphosphonite (57856-11-8)
(11) Chlorosarin: O-Isopropyl methylphosphonochloridate (1445-76-7)
(12) Chlorosoman: O-Pinacolyl methylphosphonochloridate (7040-57-5)
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  51
Schedule 2
A. Toxic chemicals:
(1) Amiton: O,O-Diethyl S-[2-(diethylamino)ethyl]
phosphorothiolate (78-53-5)
and corresponding alkylated or protonated salts
(2) PFIB:1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-1-propene (382-21-8)
(3) BZ: 3-Quinuclidinyl benzilate (*) (6581-06-2)
B. Precursors:
(4) Chemicals, except for those listed in Schedule 1,
containing a phosphorus atom to which is bonded
one methyl, ethyl or propyl (normal or iso) group
but not further carbon atoms,
e.g. Methylphosphonyl dichloride (676-97-1)
  Dimethyl methylphosphonate (756-79-6)
Exemption:  Fonofos: O-Ethyl S-phenyl
ethylphosphonothiolothionate (944-22-9)
(5) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic dihalides
(6) Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl
(Me, Et, n-Pr or i-Pr)-phosphoramidates
(7) Arsenic trichloride (7784-34-1)
(8) 2,2-Diphenyl-2-hydroxyacetic acid (76-93-7)
(9) Quinuclidin-3-ol (1619-34-7)
(10) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-chlorides
and corresponding protonated salts
(11) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols
and corresponding protonated salts
Exemptions: N,N-Dimethylaminoethanol (108-01-0)
and corresponding protonated salts
 N,N-Diethylaminoethanol (100-37-8)
and corresponding protonated salts
(12) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-thiols
and corresponding protonated salts
  52  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
(13) Thiodiglycol: Bis(2-hydroxyethyl)sulfide (111-48-8)
(14) Pinacolyl alcohol: 3,3-Dimethylbutan-2-ol (464-07-3)
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  53
Schedule  3
A. Toxic chemicals:
(1) Phosgene: Carbonyl dichloride (75-44-5)
(2) Cyanogen chloride (506-77-4)
(3) Hydrogen cyanide (74-90-8)
(4) Chloropicrin: Trichloronitromethane (76-06-2)
B. Precursors:
(5) Phosphorus oxychloride (10025-87-3)
(6) Phosphorus trichloride (7719-12-2)
(7) Phosphorus pentachloride (10026-13-8)
(8) Trimethyl phosphite (121-45-9)
(9) Triethyl phosphite (122-52-1)
(10) Dimethyl phosphite (868-85-9)
(11) Diethyl phosphite (762-04-9)
(12) Sulfur monochloride (10025-67-9)
(13) Sulfur dichloride (10545-99-0)
(14) Thionyl chloride (7719-09-7)
(15) Ethyldiethanolamine (139-87-7)
(16) Methyldiethanolamine (105-59-9)
(17) Triethanolamine (102-71-6)
  54  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
ANNEX ON IMPLEMENTATION AND VERIFICATION 
("VERIFICATION ANNEX")
CONTENTS
PART I: DEFINITIONS
PART II:  GENERAL RULES OF VERIFICATION
A.  DESIGNATION OF INSPECTORS AND INSPECTION
ASSISTANTS
B.  PRIVILEGES AND IMMUNITIES
C.  STANDING ARRANGEMENTS
Points of entry
Arrangements for use of non-scheduled aircraft 
Administrative arrangements
Approved equipment
D.  PRE-INSPECTION ACTIVITIES
Notification 
Entry into the territory of the inspected State Party
or Host State and transfer to the inspection site
Pre-inspection briefing
E.  CONDUCT OF INSPECTIONS
General rules 
Safety
Communications 
Inspection team and inspected State Party rights 
Collection, handling and analysis of samples
Extension of inspection duration
Debriefing
F.  DEPARTURE
G.  REPORTS
H.  APPLICATION OF GENERAL PROVISIONS
PART III: GENERAL PROVISIONS FOR VERIFICATION MEASURES
PURSUANT TO ARTICLES IV, V AND VI, PARAGRAPH 3
A. INITIAL INSPECTIONS AND FACILITY AGREEMENTS
B. STANDING ARRANGEMENTS
C. PRE-INSPECTION ACTIVITIES
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  55
CONTENTS  (continued)
 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
  56  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
CONTENTS  (continued)
 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
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  57
CONTENTS  (continued)
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
  58  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
CONTENTS  (continued)
B.  VERIFICATION
General 
Inspection aims 
Initial inspections
Inspections 
Inspection procedures 
Notification of inspection
C. TRANSFERS TO STATES NOT PARTY TO THIS
CONVENTION
PART VIII:  ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION
IN ACCORDANCE WITH ARTICLE VI:
REGIME FOR SCHEDULE 3 CHEMICALS AND FACILITIES
RELATED TO SUCH CHEMICALS
A.  DECLARATIONS
Declarations of aggregate national data 
Declarations of plant sites producing Schedule 3 chemicals
Declarations on past production of Schedule 3 chemicals
for chemical weapons purposes 
Information to States Parties
B.  VERIFICATION
General 
Inspection aims
Inspection procedures 
Notification of inspection
C.  TRANSFERS TO STATES NOT PARTY TO THIS
CONVENTION
PART IX:  ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION
IN ACCORDANCE WITH ARTICLE VI:
REGIME FOR OTHER CHEMICAL PRODUCTION
FACILITIES
A.  DECLARATIONS
List of other chemical production facilities 
Assistance by the Technical Secretariat
Information to States Parties
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  59
CONTENTS  (continued)
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
  60  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
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
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  61
PART I
DEFINITIONS
1. "Approved Equipment" means the devices and instruments necessary for the
performance of the inspection team’s duties that have been certified by the
Technical Secretariat in accordance with regulations prepared by the
Technical Secretariat pursuant to Part II, paragraph 27 of this Annex. Such
equipment may also refer to the administrative supplies or recording
materials that would be used by the inspection team.
2. "Building" as referred to in the definition of chemical weapons production
facility in Article II comprises specialized buildings and standard buildings.
( a ) "Specialized Building" means:
(i) Any building, including underground structures, containing
specialized equipment in a production or filling configuration;
(ii) Any building, including underground structures, which has
distinctive features which distinguish it from buildings normally
used for chemical production or filling activities not prohibited
under this Convention.
( b ) "Standard Building" means any building, including underground
structures, constructed to prevailing industry standards for facilities not
producing any chemical specified in Article II, paragraph 8 ( a ) (i), or
corrosive chemicals.
3. "Challenge Inspection" means the inspection of any facility or location in
the territory or in any other place under the jurisdiction or control of a State
Party requested by another State Party pursuant to Article IX, paragraphs 8
to 25.
4. "Discrete Organic Chemical" means any chemical belonging to the class of
chemical compounds consisting of all compounds of carbon except for its
oxides, sulfides and metal carbonates, identifiable by chemical name, by
structural formula, if known, and by Chemical Abstracts Service registry
number, if assigned.
5. "Equipment" as referred to in the definition of chemical weapons production
facility in Article II comprises specialized equipment and standard
equipment.
( a ) "Specialized Equipment" means:
 (i) The main production train, including any reactor or equipment for
product synthesis, separation or purification, any equipment used
directly for heat transfer in the final technological stage, such as
in reactors or in product separation, as well as any other
equipment which has been in contact with any chemical specified
in Article II, paragraph 8 ( a ) (i), or would be in contact with such
a chemical if the facility were operated;
(ii) Any chemical weapon filling machines;
(iii) Any other equipment specially designed, built or installed for the
operation of the facility as a chemical weapons production
facility, as distinct from a facility constructed according to
prevailing commercial industry standards for facilities not
producing any chemical specified in Article II, paragraph 8 ( a )
(i), or corrosive chemicals, such as: equipment made of high-
  62  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
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.
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  63
9. "In-Country Escort" means individuals specified by the inspected State
Party and, if appropriate, by the Host State, if they so wish, to accompany
and assist the inspection team during the in-country period.
10. "In-Country Period" means the period from the arrival of the inspection
team at a point of entry until its departure from the State at a point of entry.
11. "Initial Inspection" means the first on-site inspection of facilities to verify
declarations submitted pursuant to Articles III, IV, V and VI and this Annex.
12. "Inspected State Party" means the State Party on whose territory or in any
other place under its jurisdiction or control an inspection pursuant to this
Convention takes place, or the State Party whose facility or area on the
territory of a Host State is subject to such an inspection; it does not,
however, include the State Party specified in Part II, paragraph 21 of this
Annex.
13. "Inspection Assistant" means an individual designated by the Technical
Secretariat as set forth in Part II, Section A, of this Annex to assist
inspectors in an inspection or visit, such as medical, security and
administrative personnel and interpreters.
14. "Inspection Mandate" means the instructions issued by the Director-General
to the inspection team for the conduct of a particular inspection.
15. "Inspection Manual" means the compilation of additional procedures for the
conduct of inspections developed by the Technical Secretariat.
16. "Inspection Site" means any facility or area at which an inspection is carried
out and which is specifically defined in the respective facility agreement or
inspection request or mandate or inspection request as expanded by the
alternative or final perimeter.
17. "Inspection Team" means the group of inspectors and inspection assistants
assigned by the Director-General to conduct a particular inspection.
18 "Inspector" means an individual designated by the Technical Secretariat
according to the procedures as set forth in Part II, Section A, of this Annex,
to carry out an inspection or visit in accordance with this Convention.
19. "Model Agreement" means a document specifying the general form and
content for an agreement concluded between a State Party and the
Organization for fulfilling the verification provisions specified in this
Annex.
20. "Observer" means a representative of a requesting State Party or a third
State Party to observe a challenge inspection.
21. "Perimeter" in case of challenge inspection means the external boundary of
the inspection site, defined by either geographic coordinates or description
on a map.
( a ) "Requested Perimeter" means the inspection site perimeter as specified
in conformity with Part X, paragraph 8, of this Annex;
( b ) "Alternative Perimeter" means the inspection site perimeter as
specified, alternatively to the requested perimeter, by the inspected
State Party; it shall conform to the requirements specified in Part X,
paragraph 17, of this Annex;
( c ) "Final Perimeter" means the final inspection site perimeter as agreed in
negotiations between the inspection team and the inspected State Party,
  64  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
in accordance with Part X, paragraphs 16 to 21, of this Annex;
( d ) "Declared Perimeter" means the external boundary of the facility
declared pursuant to Articles III, IV, V and VI.
22. "Period of Inspection", for the purposes of Article IX, means the period of
time from provision of access to the inspection team to the inspection site
until its departure from the inspection site, exclusive of time spent on
briefings before and after the verification activities.
23. "Period of Inspection", for the purposes of Articles IV, V and VI, means the
period of time from arrival of the inspection team at the inspection site until
its departure from the inspection site, exclusive of time spent on briefings
before and after the verification activities.
24. "Point of Entry"/"Point of Exit" means a location designated for the in-
country arrival of inspection teams for inspections pursuant to this
Convention or for their departure after completion of their mission.
25. "Requesting State Party" means a State Party which has requested a
challenge inspection pursuant to Article IX.
26. "Tonne" means metric ton, i.e. 1,000 kg.
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  65
PART II
GENERAL RULES OF VERIFICATION
A. DESIGNATION OF INSPECTORS AND INSPECTION ASSISTANTS
1. Not later than 30 days after entry into force of this Convention the Technical
Secretariat shall communicate, in writing, to all States Parties the names,
nationalities and ranks of the inspectors and inspection assistants proposed
for designation, as well as a description of their qualifications and
professional experiences.
2. Each State Party shall immediately acknowledge receipt of the list of
inspectors and inspection assistants, proposed for designation communicated
to it. The State Party shall inform the Technical Secretariat in writing of its
acceptance of each inspector and inspection assistant, not later than 30 days
after acknowledgement of receipt of the list. Any inspector and inspection
assistant included in this list shall be regarded as designated unless a State
Party, not later than 30 days after acknowledgement of receipt of the list,
declares its non-acceptance in writing. The State Party may include the
reason for the objection.
In the case of non-acceptance, the proposed inspector or inspection assistant
shall not undertake or participate in verification activities on the territory or
in any other place under the jurisdiction or control of the State Party which
has declared its non-acceptance. The Technical Secretariat shall, as
necessary, submit further proposals in addition to the original list.
3. Verification activities under this Convention shall only be performed by
designated inspectors and inspection assistants.
4. Subject to the provisions of paragraph 5, a State Party has the right at any
time to object to an inspector or inspection assistant who has already been
designated. It shall notify the Technical Secretariat of its objection in
writing and may include the reason for the objection. Such objection shall
come into effect 30 days after receipt by the Technical Secretariat. The
Technical Secretariat shall immediately inform the State Party concerned of
the withdrawal of the designation of the inspector or inspection assistant.
5. A State Party that has been notified of an inspection shall not seek to have
removed from the inspection team for that inspection any of the designated
inspectors or inspection assistants named in the inspection team list.
6. The number of inspectors or inspection assistants accepted by and
designated to a State Party must be sufficient to allow for availability and
rotation of appropriate numbers of inspectors and inspection assistants.
7. If, in the opinion of the Director-General, the non-acceptance of proposed
inspectors or inspection assistants impedes the designation of a sufficient
number of inspectors or inspection assistants or otherwise hampers the
effective fulfilment of the tasks of the Technical Secretariat, the Director-
General shall refer the issue to the Executive Council.
8. Whenever amendments to the above-mentioned lists of inspectors and
inspection assistants are necessary or requested, replacement inspectors and
inspection assistants shall be designated in the same manner as set forth with
respect to the initial list.
9. The members of the inspection team carrying out an inspection of a facility
of a State Party located on the territory of another State Party shall be
  66  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
designated in accordance with the procedures set forth in this Annex as
applied both to the inspected State Party and the Host State Party.
B. PRIVILEGES AND IMMUNITIES
10. Each State Party shall, not later than 30 days after acknowledgement of
receipt of the list of inspectors and inspection assistants or of changes
thereto, provide multiple entry/exit and/or transit visas and other such
documents to enable each inspector or inspection assistant to enter and to
remain on the territory of that State Party for the purpose of carrying out
inspection activities. These documents shall be valid for at least two years
after their provision to the Technical Secretariat.
11. To exercise their functions effectively, inspectors and inspection assistants
shall be accorded privileges and immunities as set forth in sub-paragraphs
( a ) to ( i ). Privileges and immunities shall be granted to members of the
inspection team for the sake of this Convention and not for the personal
benefit of the individuals themselves. Such privileges and immunities shall
be accorded to them for the entire period between arrival on and departure
from the territory of the inspected State Party or Host State, and thereafter
with respect to acts previously performed in the exercise of their official
functions.
( a ) The members of the inspection team shall be accorded the inviolability
enjoyed by diplomatic agents pursuant to Article 29 of the Vienna
Convention on Diplomatic Relations of 18 April 1961.
( b ) The living quarters and office premises occupied by the inspection team
carrying out inspection activities pursuant to this Convention shall be
accorded the inviolability and protection accorded to the premises of
diplomatic agents pursuant to Article 30, paragraph l, of the Vienna
Convention on Diplomatic Relations.
( c ) The papers and correspondence, including records, of the inspection
team shall enjoy the inviolability accorded to all papers and
correspondence of diplomatic agents pursuant to Article 30, paragraph
2, of the Vienna Convention on Diplomatic Relations. The inspection
team shall have the right to use codes for their communications with the
Technical Secretariat.
( d ) Samples and approved equipment carried by members of the inspection
team shall be inviolable subject to provisions contained in this
Convention and exempt from all customs duties. Hazardous samples
shall be transported in accordance with relevant regulations.
( e ) The members of the inspection team shall be accorded the immunities
accorded to diplomatic agents pursuant to Article 31, paragraphs 1, 2
and 3, of the Vienna Convention on Diplomatic Relations.
( f ) The members of the inspection team carrying out prescribed activities
pursuant to this Convention shall be accorded the exemption from dues
and taxes accorded to diplomatic agents pursuant to Article 34 of the
Vienna Convention on Diplomatic Relations.
( g ) The members of the inspection team shall be permitted to bring into the
territory of the inspected State Party or Host State Party, without
payment of any customs duties or related charges, articles for personal
use, with the exception of articles the import or export of which is
prohibited by law or controlled by quarantine regulations.
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  67
( h ) The members of the inspection team shall be accorded the same
currency and exchange facilities as are accorded to representatives of
foreign Governments on temporary official missions.
( i ) The members of the inspection team shall not engage in any
professional or commercial activity for personal profit on the territory
of the inspected State Party or the Host State.
12. When transiting the territory of non-inspected States Parties, the members of
the inspection team shall be accorded the privileges and immunities enjoyed
by diplomatic agents pursuant to Article 40, paragraph 1, of the Vienna
Convention on Diplomatic Relations. Papers and correspondence, including
records, and samples and approved equipment, carried by them, shall be
accorded the privileges and immunities set forth in paragraph 11 ( c ) and ( d ).
13. Without prejudice to their privileges and immunities the members of the
inspection team shall be obliged to respect the laws and regulations of the
inspected State Party or Host State and, to the extent that is consistent with
the inspection mandate, shall be obliged not to interfere in the internal
affairs of that State. If the inspected State Party or Host State Party
considers that there has been an abuse of privileges and immunities specified
in this Annex, consultations shall be held between the State Party and the
Director-General to determine whether such an abuse has occurred and, if so
determined, to prevent a repetition of such an abuse.
14. The immunity from jurisdiction of members of the inspection team may be
waived by the Director-General in those cases when the Director-General is
of the opinion that immunity would impede the course of justice and that it
can be waived without prejudice to the implementation of the provisions of
this Convention. Waiver must always be express.
15. Observers shall be accorded the same privileges and immunities accorded to
inspectors pursuant to this section, except for those accorded pursuant to
paragraph 11 ( d ).
C. STANDING ARRANGEMENTS
Points of entry
16. Each State Party shall designate the points of entry and shall supply the
required information to the Technical Secretariat not later than 30 days after
this Convention enters into force for it. These points of entry shall be such
that the inspection team can reach any inspection site from at least one point
of entry within 12 hours. Locations of points of entry shall be provided to all
States Parties by the Technical Secretariat.
17. Each State Party may change the points of entry by giving notice of such
change to the Technical Secretariat. Changes shall become effective 30 days
after the Technical Secretariat receives such notification to allow
appropriate notification to all States Parties.
18. If the Technical Secretariat considers that there are insufficient points of
entry for the timely conduct of inspections or that changes to the points of
entry proposed by a State Party would hamper such timely conduct of
inspections, it shall enter into consultations with the State Party concerned
to resolve the problem.
19. In cases where facilities or areas of an inspected State Party are located on
the territory of a Host State Party or where the access from the point of entry
to the facilities or areas subject to inspection requires transit through the
  68  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
territory of another State Party, the inspected State Party shall exercise the
rights and fulfil the obligations concerning such inspections in accordance
with this Annex. The Host State Party shall facilitate the inspection of those
facilities or areas and shall provide for the necessary support to enable the
inspection team to carry out its tasks in a timely and effective manner. States
Parties through whose territory transit is required to inspect facilities or
areas of an inspected State Party shall facilitate such transit.
20. In cases where facilities or areas of an inspected State Party are located on
the territory of a State not Party to this Convention, the inspected State Party
shall take all necessary measures to ensure that inspections of those facilities
or areas can be carried out in accordance with the provisions of this Annex.
A State Party that has one or more facilities or areas on the territory of a
State not Party to this Convention shall take all necessary measures to
ensure acceptance by the Host State of inspectors and inspection assistants
designated to that State Party. If an inspected State Party is unable to ensure
access, it shall demonstrate that it took all necessary measures to ensure
access.
21. In cases where the facilities or areas sought to be inspected are located on
the territory of a State Party, but in a place under the jurisdiction or control
of a State not Party to this Convention, the State Party shall take all
necessary measures as would be required of an inspected State Party and a
Host State Party to ensure that inspections of such facilities or areas can be
carried out in accordance with the provisions of this Annex. If the State
Party is unable to ensure access to those facilities or areas, it shall
demonstrate that it took all necessary measures to ensure access. This
paragraph shall not apply where the facilities or areas sought to be inspected
are those of the State Party.
Arrangements for use of non-scheduled aircraft
22. For inspections pursuant to Article IX and for other inspections where
timely travel is not feasible using scheduled commercial transport, an
inspection team may need to utilize aircraft owned or chartered by the
Technical Secretariat. Not later than 30 days after this Convention enters
into force for it, each State Party shall inform the Technical Secretariat of
the standing diplomatic clearance number for non-scheduled aircraft
transporting inspection teams and equipment necessary for inspection into
and out of the territory in which an inspection site is located. Aircraft
routings to and from the designated point of entry shall be along established
international airways that are agreed upon between the States Parties and the
Technical Secretariat as the basis for such diplomatic clearance.
23. When a non-scheduled aircraft is used, the Technical Secretariat shall
provide the inspected State Party with a flight plan, through the National
Authority, for the aircraft’s flight from the last airfield prior to entering the
airspace of the State in which the inspection site is located to the point of
entry, not less than six hours before the scheduled departure time from that
airfield. Such a plan shall be filed in accordance with the procedures of the
International Civil Aviation Organization applicable to civil aircraft. For its
owned or chartered flights, the Technical Secretariat shall include in the
remarks section of each flight plan the standing diplomatic clearance
number and the appropriate notation identifying the aircraft as an inspection
aircraft.
24. Not less than three hours before the scheduled departure of the inspection
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  69
team from the last airfield prior to entering the airspace of the State in which
the inspection is to take place, the inspected State Party or Host State Party
shall ensure that the flight plan filed in accordance with paragraph 23 is
approved so that the inspection team may arrive at the point of entry by the
estimated arrival time.
25. The inspected State Party shall provide parking, security protection,
servicing and fuel as required by the Technical Secretariat for the aircraft of
the inspection team at the point of entry when such aircraft is owned or
chartered by the Technical Secretariat. Such aircraft shall not be liable for
landing fees, departure tax, and similar charges. The Technical Secretariat
shall bear the cost of such fuel, security protection and servicing.
Administrative arrangements
26. The inspected State Party shall provide or arrange for the amenities
necessary for the inspection team such as communication means,
interpretation services to the extent necessary for the performance of
interviewing and other tasks, transportation, working space, lodging, meals
and medical care. In this regard, the inspected State Party shall be
reimbursed by the Organization for such costs incurred by the inspection
team.
Approved equipment
27. Subject to paragraph 29, there shall be no restriction by the inspected State
Party on the inspection team bringing onto the inspection site such
equipment, approved in accordance with paragraph 28, which the Technical
Secretariat has determined to be necessary to fulfil the inspection
requirements. The Technical Secretariat shall prepare and, as appropriate,
update a list of approved equipment, which may be needed for the purposes
described above, and regulations governing such equipment which shall be
in accordance with this Annex. In establishing the list of approved
equipment and these regulations, the Technical Secretariat shall ensure that
safety considerations for all the types of facilities at which such equipment
is likely to be used, are taken fully into account. A list of approved
equipment shall be considered and approved by the Conference pursuant to
Article VIII, paragraph 21 ( i ).
28. The equipment shall be in the custody of the Technical Secretariat and be
designated, calibrated and approved by the Technical Secretariat. The
Technical Secretariat shall, to the extent possible, select that equipment
which is specifically designed for the specific kind of inspection required.
Designated and approved equipment shall be specifically protected against
unauthorized alteration.
29. The inspected State Party shall have the right, without prejudice to the
prescribed time-frames, to inspect the equipment in the presence of
inspection team members at the point of entry, i.e., to check the identity of
the equipment brought in or removed from the territory of the inspected
State Party or the Host State. To facilitate such identification, the Technical
Secretariat shall attach documents and devices to authenticate its
designation and approval of the equipment. The inspection of the equipment
shall also ascertain to the satisfaction of the inspected State Party that the
equipment meets the description of the approved equipment for the
particular type of inspection. The inspected State Party may exclude
equipment not meeting that description or equipment without the above-
mentioned authentication documents and devices. Procedures for the
  70  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
inspection of equipment shall be considered and approved by the Conference
pursuant to Article VIII, paragraph 21 ( i ).
30. In cases where the inspection team finds it necessary to use equipment
available on site not belonging to the Technical Secretariat and requests the
inspected State Party to enable the team to use such equipment, the
inspected State Party shall comply with the request to the extent it can.
D. PRE-INSPECTION ACTIVITIES
Notification
31. The Director-General shall notify the State Party before the planned arrival
of the inspection team at the point of entry and within the prescribed time-
frames, where specified, of its intention to carry out an inspection.
32. Notifications made by the Director-General shall include the following
information:
( a ) The type of inspection;
( b ) The point of entry;
( c ) The date and estimated time of arrival at the point of entry;
( d ) The means of arrival at the point of entry;
( e ) The site to be inspected;
( f ) The names of inspectors and inspection assistants;
( g ) If appropriate, aircraft clearance for special flights.
33. The inspected State Party shall acknowledge the receipt of a notification by
the Technical Secretariat of an intention to conduct an inspection, not later
than one hour after receipt of such notification.
34. In the case of an inspection of a facility of a State Party located on the
territory of another State Party, both States Parties shall be simultaneously
notified in accordance with paragraphs 31 and 32.
Entry into the territory of the inspected State Party or Host State and transfer to
the inspection site
35. The inspected State Party or Host State Party which has been notified of the
arrival of an inspection team, shall ensure its immediate entry into the
territory and shall through an in-country escort or by other means do
everything in its power to ensure the safe conduct of the inspection team and
its equipment and supplies, from its point of entry to the inspection site(s)
and to a point of exit.
36. The inspected State Party or Host State Party shall, as necessary, assist the
inspection team in reaching the inspection site not later than 12 hours after
the arrival at the point of entry.
Pre-inspection briefing
37. Upon arrival at the inspection site and before the commencement of the
inspection, the inspection team shall be briefed by facility representatives,
with the aid of maps and other documentation as appropriate, on the facility,
the activities carried out there, safety measures and administrative and
logistic arrangements necessary for the inspection. The time spent for the
briefing shall be limited to the minimum necessary and in any event not
exceed three hours.
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  71
E. CONDUCT OF INSPECTIONS
General rules
38. The members of the inspection team shall discharge their functions in
accordance with the provisions of this Convention, as well as rules
established by the Director-General and facility agreements concluded
between States Parties and the Organization.
39. The inspection team shall strictly observe the inspection mandate issued by
the Director-General. It shall refrain from activities going beyond this
mandate.
40. The activities of the inspection team shall be so arranged as to ensure the
timely and effective discharge of its functions and the least possible
inconvenience to the inspected State Party or Host State and disturbance to
the facility or area inspected. The inspection team shall avoid unnecessarily
hampering or delaying the operation of a facility and avoid affecting its
safety. In particular, the inspection team shall not operate any facility. If
inspectors consider that, to fulfil their mandate, particular operations should
be carried out in a facility, they shall request the designated representative
of the inspected facility to have them performed. The representative shall
carry out the request to the extent possible.
41. In the performance of their duties on the territory of an inspected State Party
or Host State, the members of the inspection team shall, if the inspected
State Party so requests, be accompanied by representatives of the inspected
State Party, but the inspection team must not thereby be delayed or
otherwise hindered in the exercise of its functions.
42. Detailed procedures for the conduct of inspections shall be developed for
inclusion in the inspection manual by the Technical Secretariat, taking into
account guidelines to be considered and approved by the Conference
pursuant to Article VIII, paragraph 21 ( i ).
Safety
43. In carrying out their activities, inspectors and inspection assistants shall
observe safety regulations established at the inspection site, including those
for the protection of controlled environments within a facility and for
personal safety. In order to implement these requirements, appropriate
detailed procedures shall be considered and approved by the Conference
pursuant to Article VIII, paragraph 21 ( i ).
Communications
44. Inspectors shall have the right throughout the in-country period to
communicate with the Headquarters of the Technical Secretariat. For this
purpose they may use their own, duly certified, approved equipment and
may request that the inspected State Party or Host State Party provide them
with access to other telecommunications. The inspection team shall have the
right to use its own two-way system of radio communications between
personnel patrolling the perimeter and other members of the inspection
team.
Inspection team and inspected State Party rights
45. The inspection team shall, in accordance with the relevant Articles and
Annexes of this Convention as well as with facility agreements and
procedures set forth in the inspection manual, have the right to unimpeded
  72  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
access to the inspection site. The items to be inspected will be chosen by the
inspectors.
46. Inspectors shall have the right to interview any facility personnel in the
presence of representatives of the inspected State Party with the purpose of
establishing relevant facts. Inspectors shall only request information and
data which are necessary for the conduct of the inspection, and the inspected
State Party shall furnish such information upon request. The inspected State
Party shall have the right to object to questions posed to the facility
personnel if those questions are deemed not relevant to the inspection. If the
head of the inspection team objects and states their relevance, the questions
shall be provided in writing to the inspected State Party for reply. The
inspection team may note any refusal to permit interviews or to allow
questions to be answered and any explanations given, in that part of the
inspection report that deals with the cooperation of the inspected State Party.
47. Inspectors shall have the right to inspect documentation and records they
deem relevant to the conduct of their mission.
48. Inspectors shall have the right to have photographs taken at their request by
representatives of the inspected State Party or of the inspected facility. The
capability to take instant development photographic prints shall be available.
The inspection team shall determine whether photographs conform to those
requested and, if not, repeat photographs shall be taken. The inspection team
and the inspected State Party shall each retain one copy of every photograph.
49. The representatives of the inspected State Party shall have the right to
observe all verification activities carried out by the inspection team.
50. The inspected State Party shall receive copies, at its request, of the
information and data gathered about its facility(ies) by the Technical
Secretariat.
51. Inspectors shall have the right to request clarifications in connection with
ambiguities that arise during an inspection. Such requests shall be made
promptly through the representative of the inspected State Party. The
representative of the inspected State Party shall provide the inspection team,
during the inspection, with such clarification as may be necessary to remove
the ambiguity. If questions relating to an object or a building located within
the inspection site are not resolved, the object or building shall, if requested,
be photographed for the purpose of clarifying its nature and function. If the
ambiguity cannot be removed during the inspection, the inspectors shall
notify the Technical Secretariat immediately. The inspectors shall include in
the inspection report any such unresolved question, relevant clarifications,
and a copy of any photographs taken.
Collection, handling and analysis of samples
52. Representatives of the inspected State Party or of the inspected facility shall
take samples at the request of the inspection team in the presence of
inspectors. If so agreed in advance with the representatives of the inspected
State Party or of the inspected facility, the inspection team may take samples
itself.
53. Where possible, the analysis of samples shall be performed on-site. The
inspection team shall have the right to perform on-site analysis of samples
using approved equipment brought by it. At the request of the inspection
team, the inspected State Party shall, in accordance with agreed procedures,
provide assistance for the analysis of samples on-site. Alternatively, the
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  73
inspection team may request that appropriate analysis on-site be performed
in its presence.
54. The inspected State Party has the right to retain portions of all samples taken
or take duplicate samples and be present when samples are analysed on-site.
55. The inspection team shall, if it deems it necessary, transfer samples for
analysis off-site at laboratories designated by the Organization.
56. The Director-General shall have the primary responsibility for the security,
integrity and preservation of samples and for ensuring that the
confidentiality of samples transferred for analysis off-site is protected. The
Director-General shall do so in accordance with procedures, to be
considered and approved by the Conference pursuant to Article VIII,
paragraph 21 ( i ), for inclusion in the inspection manual. He shall:
( a ) Establish a stringent regime governing the collection, handling,
transport and analysis of samples;
( b ) Certify the laboratories designated to perform different types of
analysis;
( c ) Oversee the standardization of equipment and procedures at these
designated laboratories, mobile analytical equipment and procedures,
and monitor quality control and overall standards in relation to the
certification of these laboratories, mobile equipment and procedures;
and
( d ) Select from among the designated laboratories those which shall
perform analytical or other functions in relation to specific
investigations.
57. When off-site analysis is to be performed, samples shall be analysed in at
least two designated laboratories. The Technical Secretariat shall ensure the
expeditious processing of the analysis. The samples shall be accounted for
by the Technical Secretariat and any unused samples or portions thereof
shall be returned to the Technical Secretariat.
58. The Technical Secretariat shall compile the results of the laboratory analysis
of samples relevant to compliance with this Convention and include them in
the final inspection report. The Technical Secretariat shall include in the
report detailed information concerning the equipment and methodology
employed by the designated laboratories.
Extension of inspection duration
59. Periods of inspection may be extended by agreement with the representative
of the inspected State Party.
Debriefing
60. Upon completion of an inspection the inspection team shall meet with
representatives of the inspected State Party and the personnel responsible for
the inspection site to review the preliminary findings of the inspection team
and to clarify any ambiguities. The inspection team shall provide to the
representatives of the inspected State Party its preliminary findings in
written form according to a standardized format, together with a list of any
samples and copies of written information and data gathered and other
material to be taken off-site. The document shall be signed by the head of
the inspection team. In order to indicate that he has taken notice of the
contents of the document, the representative of the inspected State Party
  74  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
shall countersign the document. This meeting shall be completed not later
than 24 hours after the completion of the inspection.
F. DEPARTURE
61. Upon completion of the post-inspection procedures, the inspection team
shall leave, as soon as possible, the territory of the inspected State Party or
the Host State.
G. REPORTS
62. Not later than 10 days after the inspection, the inspectors shall prepare a
factual, final report on the activities conducted by them and on their
findings. It shall only contain facts relevant to compliance with this
Convention, as provided for under the inspection mandate. The report shall
also provide information as to the manner in which the State Party inspected
cooperated with the inspection team. Differing observations made by
inspectors may be attached to the report. The report shall be kept
confidential.
63. The final report shall immediately be submitted to the inspected State Party.
Any written comments, which the inspected State Party may immediately
make on its findings shall be annexed to it. The final report together with
annexed comments made by the inspected State Party shall be submitted to
the Director-General not later than 30 days after the inspection.
64. Should the report contain uncertainties, or should cooperation between the
National Authority and the inspectors not measure up to the standards
required, the Director-General shall approach the State Party for
clarification.
65. If the uncertainties cannot be removed or the facts established are of a nature
to suggest that obligations undertaken under this Convention have not been
met, the Director-General shall inform the Executive Council without delay.
H. APPLICATION OF GENERAL PROVISIONS
66. The provisions of this Part shall apply to all inspections conducted pursuant
to this Convention, except where the provisions of this Part differ from the
provisions set forth for specific types of inspections in Parts III to XI of this
Annex, in which case the latter provisions shall take precedence.
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  75
PART III
GENERAL PROVISIONS FOR VERIFICATION MEASURES PURSUANT 
TO ARTICLES IV, V AND VI, PARAGRAPH 3
A. INITIAL INSPECTIONS AND FACILITY AGREEMENTS
1. Each declared facility subject to on-site inspection pursuant to Articles IV,
V, and VI, paragraph 3, shall receive an initial inspection promptly after the
facility is declared. The purpose of this inspection of the facility shall be to
verify information provided and to obtain any additional information needed
for planning future verification activities at the facility, including on-site
inspections and continuous monitoring with on-site instruments, and to work
on the facility agreements.
2. States Parties shall ensure that the verification of declarations and the
initiation of the systematic verification measures can be accomplished by the
Technical Secretariat at all facilities within the established time-frames after
this Convention enters into force for them.
3. Each State Party shall conclude a facility agreement with the Organization
for each facility declared and subject to on-site inspection pursuant to
Articles IV, V, and VI, paragraph 3.
4. Facility agreements shall be completed not later than 180 days after this
Convention enters into force for the State Party or after the facility has been
declared for the first time, except for a chemical weapons destruction
facility to which paragraphs 5 to 7 shall apply.
5. In the case of a chemical weapons destruction facility that begins operations
more than one year after this Convention enters into force for the State
Party, the facility agreement shall be completed not less than 180 days
before the facility begins operation.
6. In the case of a chemical weapons destruction facility that is in operation
when this Convention enters into force for the State Party, or begins
operation not later than one year thereafter, the facility agreement shall be
completed not later than 210 days after this Convention enters into force for
the State Party, except that the Executive Council may decide that
transitional verification arrangements, approved in accordance with Part IV
(A), paragraph 51, of this Annex and including a transitional facility
agreement, provisions for verification through on-site inspection and
monitoring with on-site instruments, and the time-frame for application of
the arrangements, are sufficient.
7. In the case of a facility, referred to in paragraph 6, that will cease operations
not later than two years after this Convention enters into force for the State
Party, the Executive Council may decide that transitional verification
arrangements, approved in accordance with Part IV (A), paragraph 51, of
this Annex and including a transitional facility agreement, provisions for
verification through on-site inspection and monitoring with on-site
instruments, and the time-frame for application of the arrangements, are
sufficient.
8. Facility agreements shall be based on models for such agreements and
provide for detailed arrangements which shall govern inspections at each
facility. The model agreements shall include provisions to take into account
future technological developments and shall be considered and approved by
the Conference pursuant to Article VIII, paragraph 21 ( i ).
  76  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
9. The Technical Secretariat may retain at each site a sealed container for
photographs, plans and other information that it may wish to refer to in the
course of subsequent inspections.
B. STANDING ARRANGEMENTS
10. Where applicable, the Technical Secretariat shall have the right to have
continuous monitoring instruments and systems and seals installed and to
use them, in conformity with the relevant provisions in this Convention and
the facility agreements between States Parties and the Organization.
11. The inspected State Party shall, in accordance with agreed procedures, have
the right to inspect any instrument used or installed by the inspection team
and to have it tested in the presence of representatives of the inspected State
Party. The inspection team shall have the right to use the instruments that
were installed by the inspected State Party for its own monitoring of the
technological process of the destruction of chemical weapons. To this end,
the inspection team shall have the right to inspect those instruments that it
intends to use for purposes of verification of the destruction of chemical
weapons and to have them tested in its presence.
12. The inspected State Party shall provide the necessary preparation and
support for the establishment of continuous monitoring instruments and
systems.
13. In order to implement paragraphs 11 and 12, appropriate detailed procedures
shall be considered and approved by the Conference pursuant to Article
VIII, paragraph 21 ( i ).
14. The inspected State Party shall immediately notify the Technical Secretariat
if an event occurs or may occur at a facility where monitoring instruments
are installed, which may have an impact on the monitoring system. The
inspected State Party shall coordinate subsequent actions with the Technical
Secretariat with a view to restoring the operation of the monitoring system
and establishing interim measures, if necessary, as soon as possible.
15. The inspection team shall verify during each inspection that the monitoring
system functions correctly and that emplaced seals have not been tampered
with. In addition, visits to service the monitoring system may be required to
perform any necessary maintenance or replacement of equipment, or to
adjust the coverage of the monitoring system as required.
16. If the monitoring system indicates any anomaly, the Technical Secretariat
shall immediately take action to determine whether this resulted from
equipment malfunction or activities at the facility. If, after this examination,
the problem remains unresolved, the Technical Secretariat shall immediately
ascertain the actual situation, including through immediate on-site
inspection of, or visit to, the facility if necessary. The Technical Secretariat
shall report any such problem immediately after its detection to the
inspected State Party which shall assist in its resolution.
C. PRE-INSPECTION ACTIVITIES
17. The inspected State Party shall, except as specified in paragraph 18, be
notified of inspections not less than 24 hours in advance of the planned
arrival of the inspection team at the point of entry.
18. The inspected State Party shall be notified of initial inspections not less than
72 hours in advance of the estimated time of arrival of the inspection team at
the point of entry.
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  77
PART IV (A)
DESTRUCTION OF CHEMICAL WEAPONS AND ITS VERIFICATION 
PURSUANT TO ARTICLE IV
A. DECLARATIONS
Chemical weapons
1. The declaration of chemical weapons by a State Party pursuant to Article III,
paragraph 1 ( a ) (ii), shall include the following:
( a ) The aggregate quantity of each chemical declared;
( b ) The precise location of each chemical weapons storage facility,
expressed by:
(i) Name;
(ii) Geographical coordinates; and
(iii) A detailed site diagram, including a boundary map and the
location of bunkers/storage areas within the facility.
( c ) The detailed inventory for each chemical weapons storage facility
including:
(i) Chemicals defined as chemical weapons in accordance with
Article II;
(ii) Unfilled munitions, sub-munitions, devices and equipment
defined as chemical weapons;
(iii) Equipment specially designed for use directly in connection with
the employment of munitions, sub-munitions, devices or
equipment specified in sub-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;
  78  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
( e ) Binary chemical weapons shall be declared under the relevant end
product within the framework of the categories of chemical weapons
referred to in paragraph 16. The following supplementary information
shall be provided for each type of binary chemical munition/device:
(i) The chemical name of the toxic end-product;
(ii) The chemical composition and quantity of each component;
(iii) The actual weight ratio between the components;
(iv) Which component is considered the key component;
(v) The projected quantity of the toxic end-product calculated on a
stoichiometric basis from the key component, assuming 100 per
cent yield. A declared quantity (in tonnes) of the key component
intended for a specific toxic end-product shall be considered
equivalent to the quantity (in tonnes) of this toxic end-product
calculated on a stoichiometric basis assuming 100 per cent yield.
( f ) For multicomponent chemical weapons, the declaration shall be
analogous to that envisaged for binary chemical weapons;
( g ) For each chemical the form of storage, i.e. munitions, sub-munitions,
devices, equipment or bulk containers and other containers shall be
declared. For each form of storage the following shall be listed:
(i) Type;
(ii) Size or calibre;
(iii) Number of items; and
(iv) Nominal weight of chemical fill per item.
( h ) For each chemical the total weight present at the storage facility shall be
declared;
( i ) In addition, for chemicals stored in bulk, the percentage purity shall be
declared, if known.
3. For each type of unfilled munitions, sub-munitions, devices or equipment,
referred to in paragraph 1 ( c ) (ii), the information shall include:
( a ) The number of items;
( b ) The nominal fill volume per item;
( c ) The intended chemical fill.
Declarations of chemical weapons pursuant to Article III, paragraph 1 ( a ) (iii)
4. The declaration of chemical weapons pursuant to Article III, paragraph 1 ( a )
(iii), shall contain all information specified in paragraphs 1 to 3 above. It is
the responsibility of the State Party on whose territory the chemical weapons
are located to make appropriate arrangements with the other State to ensure
that the declarations are made. If the State Party on whose territory the
chemical weapons are located is not able to fulfil its obligations under this
paragraph, it shall state the reasons therefor.
Declarations of past transfers and receipts
5. A State Party that has transferred or received chemical weapons since 1 Jan-
uary 1946 shall declare these transfers or receipts pursuant to Article III,
paragraph 1 ( a ) (iv), provided the amount transferred or received exceeded 1
tonne per chemical per year in bulk and/or munition form. This declaration
shall be made according to the inventory format specified in paragraphs 1
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  79
and 2. This declaration shall also indicate the supplier and recipient
countries, the dates of the transfers or receipts and, as precisely as possible,
the current location of the transferred items. When not all the specified
information is available for transfers or receipts of chemical weapons for the
period between 1 January 1946 and 1 January 1970, the State Party shall
declare whatever information is still available to it and provide an
explanation as to why it cannot submit a full declaration.
Submission of the general plan for destruction of chemical weapons
6. The general plan for destruction of chemical weapons submitted pursuant to
Article III, paragraph 1 ( a ) (v), shall provide an overview of the entire
national chemical weapons destruction programme of the State Party and
information on the efforts of the State Party to fulfil the destruction
requirements contained in this Convention. The plan shall specify:
( a ) A general schedule for destruction, giving types and approximate
quantities of chemical weapons planned to be destroyed in each annual
destruction period for each existing chemical weapons destruction
facility and, if possible, for each planned chemical weapons destruction
facility;
( b ) The number of chemical weapons destruction facilities existing or
planned to be operated over the destruction period;
( c ) For each existing or planned chemical weapons destruction facility:
(i) Name and location; and
(ii) The types and approximate quantities of chemical weapons, and
the type (for example, nerve agent or blister agent) and
approximate quantity of chemical fill, to be destroyed;
( d ) The plans and programmes for training personnel for the operation of
destruction facilities;
( e ) The national standards for safety and emissions that the destruction
facilities must satisfy;
( f ) Information on the development of new methods for destruction of
chemical weapons and on the improvement of existing methods;
( g ) The cost estimates for destroying the chemical weapons; and
( h ) Any issues which could adversely impact on the national destruction
programme. 
B. MEASURES TO SECURE THE STORAGE FACILITY AND
STORAGE FACILITY PREPARATION
7. Not later than when submitting its declaration of chemical weapons, a State
Party shall take such measures as it considers appropriate to secure its
storage facilities and shall prevent any movement of its chemical weapons
out of the facilities, except their removal for destruction.
8. A State Party shall ensure that chemical weapons at its storage facilities are
configured to allow ready access for verification in accordance with
paragraphs 37 to 49.
9. While a storage facility remains closed for any movement of chemical
weapons out of the facility other than their removal for destruction, a State
Party may continue at the facility standard maintenance activities, including
standard maintenance of chemical weapons; safety monitoring and physical
  80  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
security activities; and preparation of chemical weapons for destruction.
10. Maintenance activities of chemical weapons shall not include:
( a ) Replacement of agent or of munition bodies;
( b ) Modification of the original characteristics of munitions, or parts or
components thereof.
11. All maintenance activities shall be subject to monitoring by the Technical
Secretariat.
C. DESTRUCTION
Principles and methods for destruction of chemical weapons
12. "Destruction of chemical weapons" means a process by which chemicals are
converted in an essentially irreversible way to a form unsuitable for
production of chemical weapons, and which in an irreversible manner
renders munitions and other devices unusable as such.
13. Each State Party shall determine how it shall destroy chemical weapons,
except that the following processes may not be used: dumping in any body
of water, land burial or open-pit burning. It shall destroy chemical weapons
only at specifically designated and appropriately designed and equipped
facilities.
14. Each State Party shall ensure that its chemical weapons destruction facilities
are constructed and operated in a manner to ensure the destruction of the
chemical weapons; and that the destruction process can be verified under the
provisions of this Convention.
Order of destruction
15. The order of destruction of chemical weapons is based on the obligations
specified in Article I and the other Articles, including obligations regarding
systematic on-site verification. It takes into account interests of States
Parties for undiminished security during the destruction period; confidence-
building in the early part of the destruction stage; gradual acquisition of
experience in the course of destroying chemical weapons; and applicability
irrespective of the actual composition of the stockpiles and the methods
chosen for the destruction of the chemical weapons. The order of destruction
is based on the principle of levelling out.
16. For the purpose of destruction, chemical weapons declared by each State
Party shall be divided into three categories:
  Category 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;
Category3: 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
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  81
accordance with the following destruction deadlines:
(i) Phase 1: Not later than two years after entry into force of this
Convention, testing of its first destruction facility shall be
completed. Not less than 1 per cent of the Category 1 chemical
weapons shall be destroyed not later than three years after the
entry into force of this Convention;
(ii) Phase 2: Not less than 20 per cent of the Category 1 chemical
weapons shall be destroyed not later than five years after the entry
into force of this Convention;
(iii) Phase 3: Not less than 45 per cent of the Category 1 chemical
weapons shall be destroyed not later than seven years after the
entry into force of this Convention;
(iv) Phase 4: All Category 1 chemical weapons shall be destroyed not
later than 10 years after the entry into force of this Convention.
 ( b ) The destruction of Category 2 chemical weapons not later than one year
after this Convention enters into force for it and shall complete the
destruction not later than five years after the entry into force of this
Convention. Category 2 chemical weapons shall be destroyed in equal
annual increments throughout the destruction period. The comparison
factor for such weapons is the weight of the chemicals within Category
2; and
( c ) The destruction of Category 3 chemical weapons not later than one year
after this Convention enters into force for it, and shall complete the
destruction not later than five years after the entry into force of this
Convention.. Category 3 chemical weapons shall be destroyed in equal
annual increments throughout the destruction period. The comparison
factor for unfilled munitions and devices is expressed in nominal fill
volume (m 3 ) and for equipment in number of items.
18. For the destruction of binary chemical weapons the following shall apply:
( a ) For the purposes of the order of destruction, a declared quantity (in
tonnes) of the key component intended for a specific toxic end-product
shall be considered equivalent to the quantity (in tonnes) of this toxic
end-product calculated on a stoichiometric basis assuming 100 per cent
yield.
( b ) A requirement to destroy a given quantity of the key component shall
entail a requirement to destroy a corresponding quantity of the other
component, calculated from the actual weight ratio of the components in
the relevant type of binary chemical munition/device.
( c ) If more of the other component is declared than is needed, based on the
actual weight ratio between components, the excess shall be destroyed
over the first two years after destruction operations begin.
( d ) At the end of each subsequent operational year a State Party may retain
an amount of the other declared component that is determined on the
basis of the actual weight ratio of the components in the relevant type of
binary chemical munition/device.
19. For multicomponent chemical weapons the order of destruction shall be
analogous to that envisaged for binary chemical weapons.
  82  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
Modification of intermediate destruction deadlines
20. The Executive Council shall review the general plans for destruction of
chemical weapons, submitted pursuant to Article III, paragraph 1 ( a ) (v),
and in accordance with paragraph 6,  inter alia , to assess their conformity
with the order of destruction set forth in paragraphs 15 to 19. The Executive
Council shall consult with any State Party whose plan does not conform,
with the objective of bringing the plan into conformity.
21. If a State Party, due to exceptional circumstances beyond its control,
believes that it cannot achieve the level of destruction specified for Phase l,
Phase 2 or Phase 3 of the order of destruction of Category 1 chemical
weapons, it may propose changes in those levels. Such a proposal must be
made not later than 120 days after the entry into force of this Convention
and shall contain a detailed explanation of the reasons for the proposal.
22. Each State Party shall take all necessary measures to ensure destruction of
Category 1 chemical weapons in accordance with the destruction deadlines
set forth in paragraph 17 ( a ) as changed pursuant to paragraph 21. However,
if a State Party believes that it will be unable to ensure the destruction of the
percentage of Category 1 chemical weapons required by an intermediate
destruction deadline, it may request the Executive Council to recommend to
the Conference to grant an extension of its obligation to meet that deadline.
Such a request must be made not less than 180 days before the intermediate
destruction deadline and shall contain a detailed explanation of the reasons
for the request and the plans of the State Party for ensuring that it will be
able to fulfil its obligation to meet the next intermediate destruction
deadline.
23. If an extension is granted, the State Party shall still be under the obligation
to meet the cumulative destruction requirements set forth for the next
destruction deadline. Extensions granted pursuant to this Section shall not,
in any way, modify the obligation of the State Party to destroy all Category 1
chemical weapons not later than 10 years after the entry into force of this
Convention.
Extension of the deadline for completion of destruction
24. If a State Party believes that it will be unable to ensure the destruction of all
Category 1 chemical weapons not later than 10 years after the entry into
force of this Convention, it may submit a request to the Executive Council
for an extension of the deadline for completing the destruction of such
chemical weapons. Such a request must be made not later than nine years
after the entry into force of this Convention.
25. The request shall contain:
( a ) The duration of the proposed extension;
( b ) A detailed explanation of the reasons for the proposed extension; and
( c ) A detailed plan for destruction during the proposed extension and the
remaining portion of the original 10-year period for destruction.
26. A decision on the request shall be taken by the Conference at its next
session, on the recommendation of the Executive Council. Any extension
shall be the minimum necessary, but in no case shall the deadline for a State
Party to complete its destruction of all chemical weapons be extended
beyond 15 years after the entry into force of this Convention. The Executive
Council shall set conditions for the granting of the extension, including the
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  83
specific verification measures deemed necessary as well as specific actions
to be taken by the State Party to overcome problems in its destruction
programme. Costs of verification during the extension period shall be
allocated in accordance with Article IV, paragraph 16.
27. If an extension is granted, the State Party shall take appropriate measures to
meet all subsequent deadlines.
28. The State Party shall continue to submit detailed annual plans for
destruction in accordance with paragraph 29 and annual reports on the
destruction of Category 1 chemical weapons in accordance with paragraph
36, until all Category 1 chemical weapons are destroyed. In addition, not
later than at the end of each 90 days of the extension period, the State Party
shall report to the Executive Council on its destruction activity. The
Executive Council shall review progress towards completion of destruction
and take the necessary measures to document this progress. All information
concerning the destruction activities during the extension period shall be
provided by the Executive Council to States Parties, upon request.
Detailed annual plans for destruction
29. The detailed annual plans for destruction shall be submitted to the Technical
Secretariat not less than 60 days before each annual destruction period
begins pursuant to Article IV, paragraph 7 ( a ), and shall specify:
( a ) The quantity of each specific type of chemical weapon to be destroyed
at each destruction facility and the inclusive dates when the destruction
of each specific type of chemical weapon will be accomplished;
( b ) The detailed site diagram for each chemical weapons destruction
facility and any changes to previously submitted diagrams; and
( c ) The detailed schedule of activities for each chemical weapons
destruction facility for the upcoming year, identifying time required for
design, construction or modification of the facility, installation of
equipment, equipment check-out and operator training, destruction
operations for each specific type of chemical weapon, and scheduled
periods of inactivity.
30. A State Party shall provide, for each of its chemical weapons destruction
facilities, detailed facility information to assist the Technical Secretariat in
developing preliminary inspection procedures for use at the facility.
31. The detailed facility information for each destruction facility shall include
the following information:
( a ) Name, address and location;
( b ) Detailed, annotated facility drawings;
( c ) Facility design drawings, process drawings, and piping and
instrumentation design drawings;
( d ) Detailed technical descriptions, including design drawings and
instrument specifications, for the equipment required for: removing the
chemical fill from the munitions, devices, and containers; temporarily
storing the drained chemical fill; destroying the chemical agent; and
destroying the munitions, devices, and containers;
( e ) Detailed technical descriptions of the destruction process, including
material flow rates, temperatures and pressures, and designed
destruction efficiency;
  84  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
( f ) Design capacity for each specific type of chemical weapon;
( g ) A detailed description of the products of destruction and the method of
their ultimate disposal;
( h ) A detailed technical description of measures to facilitate inspections in
accordance with this Convention;
( i ) A detailed description of any temporary holding area at the destruction
facility that will be used to provide chemical weapons directly to the
destruction facility, including site and facility drawings and information
on the storage capacity for each specific type of chemical weapon to be
destroyed at the facility;
( j ) A detailed description of the safety and medical measures in force at the
facility;
( k ) A detailed description of the living quarters and working premises for
the inspectors; and
( l ) Suggested measures for international verification.
32. A State Party shall provide, for each of its chemical weapons destruction
facilities, the plant operations manuals, the safety and medical plans, the
laboratory operations and quality assurance and control manuals, and the
environmental permits that have been obtained, except that this shall not
include material previously provided.
33. A State Party shall promptly notify the Technical Secretariat of any
developments that could affect inspection activities at its destruction
facilities.
34. Deadlines for submission of the information specified in paragraphs 30 to 32
shall be considered and approved by the Conference pursuant to Article
VIII, paragraph 21 ( i ).
35. After a review of the detailed facility information for each destruction
facility, the Technical Secretariat, if the need arises, shall enter into
consultation with the State Party concerned in order to ensure that its
chemical weapons destruction facilities are designed to assure the
destruction of chemical weapons, to allow advanced planning on how
verification measures may be applied and to ensure that the application of
verification measures is consistent with proper facility operation, and that
the facility operation allows appropriate verification.
Annual reports on destruction
36. Information regarding the implementation of plans for destruction of
chemical weapons shall be submitted to the Technical Secretariat pursuant
to Article IV, paragraph 7 ( b ), not later than 60 days after the end of each
annual destruction period and shall specify the actual amounts of chemical
weapons which were destroyed during the previous year at each destruction
facility. If appropriate, reasons for not meeting destruction goals should be
stated.
D. VERIFICATION
Verification of declarations of chemical weapons through on-site inspection
37. The purpose of the verification of declarations of chemical weapons shall be
to confirm through on-site inspection the accuracy of the relevant
declarations made pursuant to Article III.
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  85
38. The inspectors shall conduct this verification promptly after a declaration is
submitted. They shall,  inter alia , verify the quantity and identity of
chemicals, types and number of munitions, devices and other equipment.
39. The inspectors shall employ, as appropriate, agreed seals, markers or other
inventory control procedures to facilitate an accurate inventory of the
chemical weapons at each storage facility.
40. As the inventory progresses, inspectors shall install such agreed seals as
may be necessary to clearly indicate if any stocks are removed, and to ensure
the securing of the storage facility during the inventory. After completion of
the inventory, such seals will be removed unless otherwise agreed.
Systematic verification of storage facilities
41. The purpose of the systematic verification of storage facilities shall be to
ensure that no undetected removal of chemical weapons from such facilities
takes place.
42. The systematic verification shall be initiated as soon as possible after the
declaration of chemical weapons is submitted and shall continue until all
chemical weapons have been removed from the storage facility. It shall in
accordance with the facility agreement, combine on-site inspection and
monitoring with on-site instruments.
43. When all chemical weapons have been removed from the storage facility,
the Technical Secretariat shall confirm the declaration of the State Party to
that effect. After this confirmation, the Technical Secretariat shall terminate
the systematic verification of the storage facility and shall promptly remove
any monitoring instruments installed by the inspectors.
Inspections and visits
44. The particular storage facility to be inspected shall be chosen by the
Technical Secretariat in such a way as to preclude the prediction of precisely
when the facility is to be inspected. The guidelines for determining the
frequency of systematic on-site inspections shall be elaborated by the
Technical Secretariat, taking into account the recommendations to be
considered and approved by the Conference pursuant to Article VIII,
paragraph 21 ( i ).
45. The Technical Secretariat shall notify the inspected State Party of its
decision to inspect or visit the storage facility 48 hours before the planned
arrival of the inspection team at the facility for systematic inspections or
visits. In cases of inspections or visits to resolve urgent problems, this
period may be shortened. The Technical Secretariat shall specify the purpose
of the inspection or visit.
46. The inspected State Party shall make any necessary preparations for the
arrival of the inspectors and shall ensure their expeditious transportation
from their point of entry to the storage facility. The facility agreement will
specify administrative arrangements for inspectors.
47. The inspected State Party shall provide the inspection team upon its arrival
at the chemical weapons storage facility to carry out an inspection, with the
following data on the facility:
( a ) The number of storage buildings and storage locations;
( b ) For each storage building and storage location, the type and the
identification number or designation, shown on the site diagram; and
  86  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
( c ) For each storage building and storage location at the facility, the
number of items of each specific type of chemical weapon, and, for
containers that are not part of binary munitions, the actual quantity of
chemical fill in each container.
48. In carrying out an inventory, within the time available, inspectors shall have
the right:
( a ) To use any of the following inspection techniques:
(i) inventory all the chemical weapons stored at the facility;
(ii) inventory all the chemical weapons stored in specific buildings or
locations at the facility, as chosen by the inspectors; or
 (iii) inventory all the chemical weapons of one or more specific types
stored at the facility, as chosen by the inspectors; and
( b ) To check all items inventoried against agreed records.
49. Inspectors shall, in accordance with facility agreements:
( a ) Have unimpeded access to all parts of the storage facilities including
any munitions, devices, bulk containers, or other containers therein.
While conducting their activity, inspectors shall comply with the safety
regulations at the facility. The items to be inspected will be chosen by
the inspectors; and
( b ) Have the right, during the first and any subsequent inspection of each
chemical weapons storage facility, to designate munitions, devices, and
containers from which samples are to be taken, and to affix to such
munitions, devices, and containers, a unique tag that will indicate an
attempt to remove or alter the tag. A sample shall be taken from a
tagged item at a chemical weapons storage facility or a chemical
weapons destruction facility as soon as it is practically possible in
accordance with the corresponding destruction programmes, and, in any
case, not later than by the end of the destruction operations.
Systematic verification of the destruction of chemical weapons
50. The purpose of verification of destruction of chemical weapons shall be:
( a ) To confirm the identity and quantity of the chemical weapons stocks to
be destroyed; and
( b ) To confirm that these stocks have been destroyed.
51. Chemical weapons destruction operations during the first 390 days after the
entry into force of this Convention shall be governed by transitional
verification arrangements. Such arrangements, including a transitional
facility agreement, provisions for verification through on-site inspection and
monitoring with on-site instruments, and the time-frame for application of
the arrangements, shall be agreed between the Organization and the
inspected State Party. These arrangements shall be approved by the
Executive Council not later than 60 days after this Convention enters into
force for the State Party, taking into account the recommendations of the
Technical Secretariat, which shall be based on an evaluation of the detailed
facility information provided in accordance with paragraph 31 and a visit to
the facility. The Executive Council shall, at its first session, establish the
guidelines for such transitional verification arrangements, based on
recommendations to be considered and approved by the Conference pursuant
to Article VIII, paragraph 21 ( i ). The transitional verification arrangements
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  87
shall be designed to verify, throughout the entire transitional period, the
destruction of chemical weapons in accordance with the purposes set forth in
paragraph 50, and to avoid hampering ongoing destruction operations.
52. The provisions of paragraphs 53 to 61 shall apply to chemical weapons
destruction operations that are to begin not earlier than 390 days after the
entry into force of this Convention.
53. On the basis of this Convention and the detailed destruction facility
information, and as the case may be, on experience from previous
inspections, the Technical Secretariat shall prepare a draft plan for
inspecting the destruction of chemical weapons at each destruction facility.
The plan shall be completed and provided to the inspected State Party for
comment not less than 270 days before the facility begins destruction
operations pursuant to this Convention. Any differences between the
Technical Secretariat and the inspected State Party should be resolved
through consultations. Any unresolved matter shall be forwarded to the
Executive Council for appropriate action with a view to facilitating the full
implementation of this Convention.
54. The Technical Secretariat shall conduct an initial visit to each chemical
weapons destruction facility of the inspected State Party not less than 240
days before each facility begins destruction operations pursuant to this
Convention, to allow it to familiarize itself with the facility and assess the
adequacy of the inspection plan.
55. In the case of an existing facility where chemical weapons destruction
operations have already been initiated, the inspected State Party shall not be
required to decontaminate the facility before the Technical Secretariat
conducts an initial visit. The duration of the visit shall not exceed five days
and the number of visiting personnel shall not exceed 15.
56. The agreed detailed plans for verification, with an appropriate
recommendation by the Technical Secretariat, shall be forwarded to the
Executive Council for review. The Executive Council shall review the plans
with a view to approving them, consistent with verification objectives and
obligations under this Convention. It should also confirm that verification
schemes for destruction are consistent with verification aims and are
efficient and practical. This review should be completed not less than 180
days before the destruction period begins.
57. Each member of the Executive Council may consult with the Technical
Secretariat on any issues regarding the adequacy of the plan for verification.
If there are no objections by any member of the Executive Council, the plan
shall be put into action.
58. If there are any difficulties, the Executive Council shall enter into
consultations with the State Party to reconcile them. If any difficulties
remain unresolved they shall be referred to the Conference.
59. The detailed facility agreements for chemical weapons destruction facilities
shall specify, taking into account the specific characteristics of the
destruction facility and its mode of operation:
( a ) Detailed on-site inspection procedures; and
( b ) Provisions for verification through continuous monitoring with on-site
instruments and physical presence of inspectors.
60. Inspectors shall be granted access to each chemical weapons destruction
  88  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
facility not less than 60 days before the commencement of the destruction,
pursuant to this Convention, at the facility. Such access shall be for the
purpose of supervising the installation of the inspection equipment,
inspecting this equipment and testing its operation, as well as for the
purpose of carrying out a final engineering review of the facility. In the case
of an existing facility where chemical weapons destruction operations have
already been initiated, destruction operations shall be stopped for the
minimum amount of time required, not to exceed 60 days, for installation
and testing of the inspection equipment. Depending on the results of the
testing and review, the State Party and the Technical Secretariat may agree
on additions or changes to the detailed facility agreement for the facility.
61. The inspected State Party shall notify, in writing, the inspection team leader
at a chemical weapons destruction facility not less than four hours before the
departure of each shipment of chemical weapons from a chemical weapons
storage facility to that destruction facility. This notification shall specify the
name of the storage facility, the estimated times of departure and arrival, the
specific types and quantities of chemical weapons being transported,
whether any tagged items are being moved, and the method of
transportation. This notification may include notification of more than one
shipment. The inspection team leader shall be promptly notified, in writing,
of any changes in this information.
Chemical weapons storage facilities at chemical weapons destruction facilities
62. The inspectors shall verify the arrival of the chemical weapons at the
destruction facility and the storing of these chemical weapons. The
inspectors shall verify the inventory of each shipment, using agreed
procedures consistent with facility safety regulations, prior to the
destruction of the chemical weapons. They shall employ, as appropriate,
agreed seals, markers or other inventory control procedures to facilitate an
accurate inventory of the chemical weapons prior to destruction.
63. As soon and as long as chemical weapons are stored at chemical weapons
storage facilities located at chemical weapons destruction facilities, these
storage facilities shall be subject to systematic verification in conformity
with the relevant facility agreements.
64. At the end of an active destruction phase, inspectors shall make an inventory
of the chemical weapons, that have been removed from the storage facility,
to be destroyed. They shall verify the accuracy of the inventory of the
chemical weapons remaining, employing inventory control procedures as
referred to in paragraph 62.
Systematic on-site verification measures at chemical weapons destruction
facilities
65. The inspectors shall be granted access to conduct their activities at the
chemical weapons destruction facilities and the chemical weapons storage
facilities located at such facilities during the entire active phase of
destruction.
66. At each chemical weapons destruction facility, to provide assurance that no
chemical weapons are diverted and that the destruction process has been
completed, inspectors shall have the right to verify through their physical
presence and monitoring with on-site instruments:
( a ) The receipt of chemical weapons at the facility;
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  89
( b ) The temporary holding area for chemical weapons and the specific type
and quantity of chemical weapons stored in that area;
( c ) The specific type and quantity of chemical weapons being destroyed;
( d ) The process of destruction;
( e ) The end-product of destruction;
( f ) The mutilation of metal parts; and
( g ) The integrity of the destruction process and of the facility as a whole.
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.
  90  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
PART IV (B)
OLD CHEMICAL WEAPONS AND ABANDONED CHEMICAL WEAPONS
A. GENERAL
1. Old chemical weapons shall be destroyed as provided for in Section B.
2. Abandoned chemical weapons, including those which also meet the
definition of Article II, paragraph 5 ( b ), shall be destroyed as provided for in
Section C.
B. REGIME FOR OLD CHEMICAL WEAPONS
3. A State Party which has on its territory old chemical weapons as defined in
Article II, paragraph 5 ( a ), shall, not later than 30 days after this Convention
enters into force for it, submit to the Technical Secretariat all available
relevant information, including, to the extent possible, the location, type,
quantity and the present condition of these old chemical weapons.
In the case of old chemical weapons as defined in Article II, paragraph 5 ( b ),
the State Party shall submit to the Technical Secretariat a declaration
pursuant to Article III, paragraph 1 ( b ) (i), including, to the extent possible,
the information specified in Part IV (A), paragraphs 1 to 3, of this Annex.
4. A State Party which discovers old chemical weapons after this Convention
enters into force for it shall submit to the Technical Secretariat the
information specified in paragraph 3 not later than 180 days after the
discovery of the old chemical weapons.
5. The Technical Secretariat shall conduct an initial inspection, and any further
inspections as may be necessary, in order to verify the information
submitted pursuant to paragraphs 3 and 4 and in particular to determine
whether the chemical weapons meet the definition of old chemical weapons
as specified in Article II, paragraph 5. Guidelines to determine the usability
of chemical weapons produced between 1925 and 1946 shall be considered
and approved by the Conference pursuant to Article VIII, paragraph 21 ( i ).
6. A State Party shall treat old chemical weapons that have been confirmed by
the Technical Secretariat as meeting the definition in Article II, paragraph 5
( a ), as toxic waste. It shall inform the Technical Secretariat of the steps
being taken to destroy or otherwise dispose of such old chemical weapons as
toxic waste in accordance with its national legislation.
7. Subject to paragraphs 3 to 5, a State Party shall destroy old chemical
weapons that have been confirmed by the Technical Secretariat as meeting
the definition in Article II, paragraph 5 ( b ), in accordance with Article IV
and Part IV (A) of this Annex. Upon request of a State Party, the Executive
Council may, however, modify the provisions on time-limit and order of
destruction of these old chemical weapons, if it determines that doing so
would not pose a risk to the object and purpose of this Convention. The
request shall contain specific proposals for modification of the provisions
and a detailed explanation of the reasons for the proposed modification.
C. REGIME FOR ABANDONED CHEMICAL WEAPONS
8. A State Party on whose territory there are abandoned chemical weapons
(hereinafter referred to as the "Territorial State Party") shall, not later than
30 days after this Convention enters into force for it, submit to the Technical
Secretariat all available relevant information concerning the abandoned
chemical weapons. This information shall include, to the extent possible, the
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  91
location, type, quantity and the present condition of the abandoned chemical
weapons as well as information on the abandonment.
9. A State Party which discovers abandoned chemical weapons after this
Convention enters into force for it shall, not later than 180 days after the
discovery, submit to the Technical Secretariat all available relevant
information concerning the discovered abandoned chemical weapons. This
information shall include, to the extent possible, the location, type, quantity
and the present condition of the abandoned chemical weapons as well as
information on the abandonment.
10. A State Party which has abandoned chemical weapons on the territory of
another State Party (hereinafter referred to as the "Abandoning State Party")
shall, not later than 30 days after this Convention enters into force for it,
submit to the Technical Secretariat all available relevant information
concerning the abandoned chemical weapons. This information shall
include, to the extent possible, the location, type, quantity as well as
information on the abandonment, and the condition of the abandoned
chemical weapons.
11. The Technical Secretariat shall conduct an initial inspection, and any further
inspections as may be necessary, in order to verify all available relevant
information submitted pursuant to paragraphs 8 to 10 and determine whether
systematic verification in accordance with Part IV (A), paragraphs 41 to 43,
of this Annex is required. It shall, if necessary, verify the origin of the
abandoned chemical weapons and establish evidence concerning the
abandonment and the identity of the Abandoning State.
12. The report of the Technical Secretariat shall be submitted to the Executive
Council, the Territorial State Party, and to the Abandoning State Party or the
State Party declared by the Territorial State Party or identified by the
Technical Secretariat as having abandoned the chemical weapons. If one of
the States Parties directly concerned is not satisfied with the report it shall
have the right to settle the matter in accordance with provisions of this
Convention or bring the issue to the Executive Council with a view to
settling the matter expeditiously.
13. Pursuant to Article I, paragraph 3, the Territorial State Party shall have the
right to request the State Party which has been established as the
Abandoning State Party pursuant to paragraphs 8 to 12 to enter into
consultations for the purpose of destroying the abandoned chemical weapons
in cooperation with the Territorial State Party. It shall immediately inform
the Technical Secretariat of this request.
14. Consultations between the Territorial State Party and the Abandoning State
Party with a view to establishing a mutually agreed plan for destruction shall
begin not later than 30 days after the Technical Secretariat has been
informed of the request referred to in paragraph 13. The mutually agreed
plan for destruction shall be transmitted to the Technical Secretariat not later
than 180 days after the Technical Secretariat has been informed of the
request referred to in paragraph 13. Upon the request of the Abandoning
State Party and the Territorial State Party, the Executive Council may extend
the time-limit for transmission of the mutually agreed plan for destruction.
15. For the purpose of destroying abandoned chemical weapons, the
Abandoning State Party shall provide all necessary financial, technical,
expert, facility as well as other resources. The Territorial State Party shall
provide appropriate cooperation.
  92  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
16. If the Abandoning State cannot be identified or is not a State Party, the
Territorial State Party, in order to ensure the destruction of these abandoned
chemical weapons, may request the Organization and other States Parties to
provide assistance in the destruction of these abandoned chemical weapons.
17. Subject to paragraphs 8 to 16, Article IV and Part IV (A) of this Annex shall
also apply to the destruction of abandoned chemical weapons. In the case of
abandoned chemical weapons which also meet the definition of old chemical
weapons in Article II, paragraph 5 ( b ), the Executive Council, upon the
request of the Territorial State Party, individually or together with the
Abandoning State Party, may modify or in exceptional cases suspend the
application of provisions on destruction, if it determines that doing so would
not pose a risk to the object and purpose of this Convention. In the case of
abandoned chemical weapons which do not meet the definition of old
chemical weapons in Article II, paragraph 5 ( b ), the Executive Council,
upon the request of the Territorial State Party, individually or together with
the Abandoning State Party, may in exceptional circumstances modify the
provisions on the time-limit and the order of destruction, if it determines that
doing so would not pose a risk to the object and purpose of this Convention.
Any request as referred to in this paragraph shall contain specific proposals
for modification of the provisions and a detailed explanation of the reasons
for the proposed modification.
18. States Parties may conclude between themselves agreements or
arrangements concerning the destruction of abandoned chemical weapons.
The Executive Council may, upon request of the Territorial State Party,
individually or together with the Abandoning State Party, decide that
selected provisions of such agreements or arrangements take precedence
over provisions of this Section, if it determines that the agreement or
arrangement ensures the destruction of the abandoned chemical weapons in
accordance with paragraph 17.
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  93
PART V
DESTRUCTION OF CHEMICAL WEAPONS PRODUCTION FACILITIES 
AND ITS VERIFICATION PURSUANT TO ARTICLE V
DECLARATIONS
Declarations of chemical weapons production facilities
1. The declaration of chemical weapons production facilities by a State Party
pursuant to Article III, paragraph 1 ( c ) (ii), shall contain for each facility:
( a ) The name of the facility, the names of the owners, and the names of the
companies or enterprises operating the facility since 1 January 1946;
( b ) The precise location of the facility, including the address, location of
the complex, location of the facility within the complex including the
specific building and structure number, if any;
( c ) A statement whether it is a facility for the manufacture of chemicals that
are defined as chemical weapons or whether it is a facility for the filling
of chemical weapons, or both;
( d ) The date when the construction of the facility was completed and the
periods during which any modifications to the facility were made,
including the installation of new or modified equipment, that
significantly changed the production process characteristics of the
facility;
( e ) Information on the chemicals defined as chemical weapons that were
manufactured at the facility; the munitions, devices, and containers that
were filled at the facility; and the dates of the beginning and cessation
of such manufacture or filling:
 (i) For chemicals defined as chemical weapons that were
manufactured at the facility, such information shall be expressed
in terms of the specific types of chemicals manufactured,
indicating the chemical name in accordance with the current
International Union of Pure and Applied Chemistry (IUPAC)
nomenclature, structural formula, and the Chemical Abstracts
Service registry number, if assigned, and in terms of the amount
of each chemical expressed by weight of chemical in tonnes;
(ii) For munitions, devices and containers that were filled at the
facility, such information shall be expressed in terms of the
specific type of chemical weapons filled and the weight of the
chemical fill per unit;
( f ) The production capacity of the chemical weapons production facility:
(i) For a facility where chemical weapons were manufactured,
production capacity shall be expressed in terms of the annual
quantitative potential for manufacturing a specific substance on
the basis of the technological process actually used or, in the case
of processes not actually used, planned to be used at the facility;
(ii) For a facility where chemical weapons were filled, production
capacity shall be expressed in terms of the quantity of chemical
that the facility can fill into each specific type of chemical
weapon a year;
( g ) For each chemical weapons production facility that has not been
destroyed, a description of the facility including:
  94  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
 (i) A site diagram;
 (ii) A process flow diagram of the facility; and
(iii) An inventory of buildings at the facility, and specialized
equipment at the facility and of any spare parts for such
equipment;
( h ) The present status of the facility, stating:
(i) The date when chemical weapons were last produced at the
facility;
(ii) Whether the facility has been destroyed, including the date and
manner of its destruction; and
(iii) Whether the facility has been used or modified before entry into
force of this Convention for an activity not related to the
production of chemical weapons, and if so, information on what
modifications have been made, the date such non-chemical
weapons related activity began and the nature of such activity,
indicating, if applicable, the kind of product;
( i ) A specification of the measures that have been taken by the State Party
for closure of, and a description of the measures that have been or will
be taken by the State Party to inactivate the facility;
( j ) A description of the normal pattern of activity for safety and security at
the inactivated facility; and
( k ) A statement as to whether the facility will be converted for the
destruction of chemical weapons and, if so, the dates for such
conversions.
Declarations of chemical weapons production facilities pursuant to Article III,
paragraph 1 ( c ) (iii)
2. The declaration of chemical weapons production facilities pursuant to
Article III, paragraph 1 ( c ) (iii), shall contain all information specified in
paragraph 1 above. It is the responsibility of the State Party on whose
territory the facility is or has been located to make appropriate arrangements
with the other State to ensure that the declarations are made. If the State
Party on whose territory the facility is or has been located is not able to fulfil
this obligation, it shall state the reasons therefor.
Declarations of past transfers and receipts
3. A State Party that has transferred or received chemical weapons production
equipment since 1 January 1946 shall declare these transfers and receipts
pursuant to Article III, paragraph 1 ( c ) (iv), and in accordance with
paragraph 5 below. When not all the specified information is available for
transfer and receipt of such equipment for the period between 1 January
1946 and 1 January 1970, the State Party shall declare whatever information
is still available to it and provide an explanation as to why it cannot submit a
full declaration.
4. Chemical weapons production equipment referred to in paragraph 3 means:
( a ) Specialized equipment;
( b ) Equipment for the production of equipment specifically designed for
use directly in connection with chemical weapons employment; and
( c ) Equipment designed or used exclusively for producing non-chemical
parts for chemical munitions.
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  95
5. The declaration concerning transfer and receipt of chemical weapons
production equipment shall specify:
( a ) Who received/transferred the chemical weapons production equipment;
( b ) The identity of such equipment;
( c ) The date of transfer or receipt;
( d ) Whether the equipment was destroyed, if known; and
( e ) Current disposition, if known.
Submission of general plans for destruction
6. For each chemical weapons production facility, a State Party shall supply
the following information:
( a ) Envisaged time-frame for measures to be taken; and
( b ) Methods of destruction.
7. For each chemical weapons production facility that a State Party intends to
convert temporarily into a chemical weapons destruction facility, the State
Party shall supply the following information:
( a ) Envisaged time-frame for conversion into a destruction facility;
( b ) Envisaged time-frame for utilizing the facility as a chemical weapons
destruction facility;
( c ) Description of the new facility;
( d ) Method of destruction of special equipment;
( e ) Time-frame for destruction of the converted facility after it has been
utilized to destroy chemical weapons; and
( f ) Method of destruction of the converted facility.
Submission of annual plans for destruction and annual reports on destruction
8. The State Party shall submit an annual plan for destruction not less than 90
days before the beginning of the coming destruction year. The annual plan
shall specify:
( a ) Capacity to be destroyed;
( b ) Name and location of the facilities where destruction will take place;
( c ) List of buildings and equipment that will be destroyed at each facility;
and 
( d ) Planned method(s) of destruction.
9. A State Party shall submit an annual report on destruction not later than 90
days after the end of the previous destruction year. The annual report shall
specify:
( a ) Capacity destroyed;
( b ) Name and location of each facility where destruction took place;
( c ) List of buildings and equipment that were destroyed at each facility; 
( d ) Methods of destruction.
10. For a chemical weapons production facility declared pursuant to Article III,
paragraph 1 ( c ) (iii), it is the responsibility of the State Party on whose
territory the facility is or has been located to make appropriate arrangements
  96  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
to ensure that the declarations specified in paragraphs 6 to 9 above are made.
If the State Party on whose territory the facility is or has been located is not
able to fulfil this obligation, it shall state the reasons therefor.
B. DESTRUCTION
General principles for destruction of chemical weapons production facilities
11. Each State Party shall decide on methods to be applied for the destruction of
chemical weapons production facilities, according to the principles laid
down in Article V and in this Part.
Principles and methods for closure of a chemical weapons production facility
12. The purpose of the closure of a chemical weapons production facility is to
render it inactive.
13. Agreed measures for closure shall be taken by a State Party with due regard
to the specific characteristics of each facility. Such measures shall include,
inter   alia :
( a ) Prohibition of occupation of the specialized buildings and standard
buildings of the facility except for agreed activities;
( b ) Disconnection of equipment directly related to the production of
chemical weapons, including,  inter   alia , process control equipment and
utilities;
( c ) Decommissioning of protective installations and equipment used
exclusively for the safety of operations of the chemical weapons
production facility;
( d ) Installation of blind flanges and other devices to prevent the addition of
chemicals to, or the removal of chemicals from, any specialized process
equipment for synthesis, separation or purification of chemicals defined
as a chemical weapon, any storage tank, or any machine for filling
chemical weapons, the heating, cooling, or supply of electrical or other
forms of power to such equipment, storage tanks, or machines; and
( e ) Interruption of rail, road and other access routes for heavy transport to
the chemical weapons production facility except those required for
agreed activities.
14. While the chemical weapons production facility remains closed, a State
Party may continue safety and physical security activities at the facility.
Technical maintenance of chemical weapons production facilities prior to their
destruction
15. A State Party may carry out standard maintenance activities at chemical
weapons production facilities only for safety reasons, including visual
inspection, preventive maintenance, and routine repairs.
16. All planned maintenance activities shall be specified in the general and
detailed plans for destruction. Maintenance activities shall not include:
( a ) Replacement of any process equipment;
( b ) Modification of the characteristics of the chemical process equipment;
( c ) Production of chemicals of any type.
17. All maintenance activities shall be subject to monitoring by the Technical
Secretariat.
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  97
Principles and methods for temporary conversion of chemical weapons production
facilities into chemical weapons destruction facilities
18. Measures pertaining to the temporary conversion of chemical weapons
production facilities into chemical weapons destruction facilities shall
ensure that the regime for the temporarily converted facilities is at least as
stringent as the regime for chemical weapons production facilities that have
not been converted.
19. Chemical weapons production facilities converted into chemical weapons
destruction facilities before entry into force of this Convention shall be
declared under the category of chemical weapons production facilities.
They shall be subject to an initial visit by inspectors, who shall confirm the
correctness of the information about these facilities. Verification that the
conversion of these facilities was performed in such a manner as to render
them inoperable as chemical weapons production facilities shall also be
required, and shall fall within the framework of measures provided for the
facilities that are to be rendered inoperable not later than 90 days after entry
into force of this Convention.
20. A State Party that intends to carry out a conversion of chemical weapons
production facilities shall submit to the Technical Secretariat, not later than
30 days after this Convention enters into force for it, or not later than 30
days after a decision has been taken for temporary conversion, a general
facility conversion plan, and subsequently shall submit annual plans.
21. Should a State Party have the need to convert to a chemical weapons
destruction facility an additional chemical weapons production facility that
had been closed after this Convention entered into force for it, it shall inform
the Technical Secretariat thereof not less than 150 days before conversion.
The Technical Secretariat, in conjunction with the State Party, shall make
sure that the necessary measures are taken to render that facility, after its
conversion, inoperable as a chemical weapons production facility.
22. A facility converted for the destruction of chemical weapons shall not be
more fit for resuming chemical weapons production than a chemical
weapons production facility which has been closed and is under
maintenance. Its reactivation shall require no less time than that required for
a chemical weapons production facility that has been closed and is under
maintenance.
23. Converted chemical weapons production facilities shall be destroyed not
later than 10 years after entry into force of this Convention.
24. Any measures for the conversion of any given chemical weapons production
facility shall be facility-specific and shall depend upon its individual
characteristics.
25. The set of measures carried out for the purpose of converting a chemical
weapons production facility into a chemical weapons destruction facility
shall not be less than that which is provided for the disabling of other
chemical weapons production facilities to be carried out not later than 90
days after this Convention enters into force for the State Party.
Principles and methods related to destruction of a chemical weapons production
facility
26. A State Party shall destroy equipment and buildings covered by the
definition of a chemical weapons production facility as follows:
  98  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
( a ) All specialized equipment and standard equipment shall be physically
destroyed;
( b ) All specialized buildings and standard buildings shall be physically
destroyed.
27. A State Party shall destroy facilities for producing unfilled chemical
munitions and equipment for chemical weapons employment as follows:
( a ) Facilities used exclusively for production of non-chemical parts for
chemical munitions or equipment specifically designed for use directly
in connection with chemical weapons employment, shall be declared
and destroyed. The destruction process and its verification shall be
conducted according to the provisions of Article V and this Part of this
Annex that govern destruction of chemical weapons production
facilities;
( b ) All equipment designed or used exclusively for producing non-chemical
parts for chemical munitions shall be physically destroyed. Such
equipment, which includes specially designed moulds and metal-
forming dies, may be brought to a special location for destruction;
( c ) All buildings and standard equipment used for such production
activities shall be destroyed or converted for purposes not prohibited
under this Convention, with confirmation, as necessary, through
consultations and inspections as provided for under Article IX;
( d ) Activities for purposes not prohibited under this Convention may
continue while destruction or conversion proceeds.
Order of destruction
28. The order of destruction of chemical weapons production facilities is based
on the obligations specified in Article I and the other Articles of this
Convention, including obligations regarding systematic on-site verification.
It takes into account interests of States Parties for undiminished security
during the destruction period; confidence-building in the early part of the
destruction stage; gradual acquisition of experience in the course of
destroying chemical weapons production facilities; and applicability
irrespective of the actual characteristics of the facilities and the methods
chosen for their destruction. The order of destruction is based on the
principle of levelling out.
29. A State Party shall, for each destruction period, determine which chemical
weapons production facilities are to be destroyed and carry out the
destruction in such a way that not more than what is specified in paragraphs
30 and 31 remains at the end of each destruction period. A State Party is not
precluded from destroying its facilities at a faster pace.
30. The following provisions shall apply to chemical weapons production
facilities that produce Schedule 1 chemicals:
( a ) A State Party shall start the destruction of such facilities not later than
one year after this Convention enters into force for it, and shall
complete it not later than 10 years after entry into force of this
Convention. For a State which is a Party at the entry into force of this
Convention, this overall period shall be divided into three separate
destruction periods, namely, years 2-5, years 6-8, and years 9-10. For
States which become a Party after entry into force of this Convention,
the destruction periods shall be adapted, taking into account paragraphs
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  99
28 and 29;
( b ) Production capacity shall be used as the comparison factor for such
facilities. It shall be expressed in agent tonnes, taking into account the
rules specified for binary chemical weapons;
( c ) Appropriate agreed levels of production capacity shall be established
for the end of the eighth year after entry into force of this Convention.
Production capacity that exceeds the relevant level shall be destroyed in
equal increments during the first two destruction periods;
( d ) A requirement to destroy a given amount of capacity shall entail a
requirement to destroy any other chemical weapons production facility
that supplied the Schedule 1 facility or filled the Schedule 1 chemical
produced there into munitions or devices;
( e ) Chemical weapons production facilities that have been converted
temporarily for destruction of chemical weapons shall continue to be
subject to the obligation to destroy capacity according to the provisions
of this paragraph.
31. A State Party shall start the destruction of chemical weapons production
facilities not covered in paragraph 30 not later than one year after this
Convention enters into force for it, and complete it not later than five years
after entry into force of this Convention.
Detailed plans for destruction
32. Not less than 180 days before the destruction of a chemical weapons
production facility starts, a State Party shall provide to the Technical
Secretariat the detailed plans for destruction of the facility, including
proposed measures for verification of destruction referred to in paragraph 33
( f ), with respect to,  inter   alia :
( a ) Timing of the presence of the inspectors at the facility to be destroyed;
and
( b ) Procedures for verification of measures to be applied to each item on
the declared inventory.
33. The detailed plans for destruction of each chemical weapons production
facility shall contain:
( a ) Detailed time schedule of the destruction process; 
( b ) Layout of the facility;
( c ) Process flow diagram;
( d ) Detailed inventory of equipment, buildings and other items to be
destroyed; 
( e ) Measures to be applied to each item on the inventory;
( f ) Proposed measures for verification;
( g ) Security/safety measures to be observed during the destruction of the
facility; and 
( h ) Working and living conditions to be provided for inspectors.
34. If a State Party intends to convert temporarily a chemical weapons
production facility into a chemical weapons destruction facility, it shall
notify the Technical Secretariat not less than 150 days before undertaking
any conversion activities. The notification shall:
  100  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
( a ) Specify the name, address, and location of the facility;
( b ) Provide a site diagram indicating all structures and areas that will be
involved in the destruction of chemical weapons and also identify all
structures of the chemical weapons production facility that are to be
temporarily converted;
( c ) Specify the types of chemical weapons, and the type and quantity of
chemical fill to be destroyed;
( d ) Specify the destruction method;
( e ) Provide a process flow diagram, indicating which portions of the
production process and specialized equipment will be converted for the
destruction of chemical weapons;
(f) Specify the seals and inspection equipment potentially affected by the
conversion, if applicable; and
( g ) Provide a schedule identifying: The time allocated to design, temporary
conversion of the facility, installation of equipment, equipment check
out, destruction operations, and closure.
35. In relation to the destruction of a facility that was temporarily converted for
destruction of chemical weapons, information shall be provided in
accordance with paragraphs 32 and 33.
Review of detailed plans
36. On the basis of the detailed plan for destruction and proposed measures for
verification submitted by the State Party, and on experience from previous
inspections, the Technical Secretariat shall prepare a plan for verifying the
destruction of the facility, consulting closely with the State Party. Any
differences between the Technical Secretariat and the State Party concerning
appropriate measures should be resolved through consultations. Any
unresolved matters shall be forwarded to the Executive Council for
appropriate action with a view to facilitating the full implementation of this
Convention.
37. To ensure that the provisions of Article V and this Part are fulfilled, the
combined plans for destruction and verification shall be agreed upon
between the Executive Council and the State Party. This agreement should
be completed, not less than 60 days before the planned initiation of
destruction.
38. Each member of the Executive Council may consult with the Technical
Secretariat on any issues regarding the adequacy of the combined plan for
destruction and verification. If there are no objections by any member of the
Executive Council, the plan shall be put into action.
39. If there are any difficulties, the Executive Council shall enter into
consultations with the State Party to reconcile them. If any difficulties
remain unresolved they shall be referred to the Conference. The resolution
of any differences over methods of destruction shall not delay the execution
of other parts of the destruction plan that are acceptable.
40. If agreement is not reached with the Executive Council on aspects of
verification, or if the approved verification plan cannot be put into action,
verification of destruction shall proceed through continuous monitoring with
on-site instruments and physical presence of inspectors.
41. Destruction and verification shall proceed according to the agreed plan. The
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  101
verification shall not unduly interfere with the destruction process and shall
be conducted through the presence of inspectors on-site to witness the
destruction.
42. If required verification or destruction actions are not taken as planned, all
States Parties shall be so informed.
C. VERIFICATION
Verification of declarations of chemical weapons production facilities through on-
site inspection
43. The Technical Secretariat shall conduct an initial inspection of each
chemical weapons production facility in the period between 90 and 120 days
after this Convention enters into force for the State Party.
44. The purposes of the initial inspection shall be:
( a ) To confirm that the production of chemical weapons has ceased and that
the facility has been inactivated in accordance with this Convention;
( b ) To permit the Technical Secretariat to familiarize itself with the
measures that have been taken to cease production of chemical weapons
at the facility;
( c ) To permit the inspectors to install temporary seals;
( d ) To permit the inspectors to confirm the inventory of buildings and
specialized equipment;
( e ) To obtain information necessary for planning inspection activities at the
facility, including use of tamper-indicating seals and other agreed
equipment, which shall be installed pursuant to the detailed facility
agreement for the facility; and
( f ) To conduct preliminary discussions regarding a detailed agreement on
inspection procedures at the facility.
45. Inspectors shall employ, as appropriate, agreed seals, markers or other
inventory control procedures to facilitate an accurate inventory of the
declared items at each chemical weapons production facility.
46. Inspectors shall install such agreed devices as may be necessary to indicate
if any resumption of production of chemical weapons occurs or if any
declared item is removed. They shall take the necessary precaution not to
hinder closure activities by the inspected State Party. Inspectors may return
to maintain and verify the integrity of the devices.
47. If, on the basis of the initial inspection, the Director-General believes that
additional measures are necessary to inactivate the facility in accordance
with this Convention, the Director-General may request, not later than 135
days after this Convention enters into force for a State Party, that such
measures be implemented by the inspected State Party not later than 180
days after this Convention enters into force for it. At its discretion, the
inspected State Party may satisfy the request. If it does not satisfy the
request, the inspected State Party and the Director-General shall consult to
resolve the matter.
Systematic verification of chemical weapons production facilities and cessation of
their activities
48. The purpose of the systematic verification of a chemical weapons
production facility shall be to ensure that any resumption of production of
  102  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
chemical weapons or removal of declared items will be detected at this
facility.
49. The detailed facility agreement for each chemical weapons production
facility shall specify:
( a ) Detailed on-site inspection procedures, which may include:
(i) Visual examinations;
(ii) Checking and servicing of seals and other agreed devices; and
(iii) Obtaining and analysing samples;
( b ) Procedures for using tamper-indicating seals and other agreed
equipment to prevent the undetected reactivation of the facility, which
shall specify:
(i) The type, placement, and arrangements for installation; and
(ii) The maintenance of such seals and equipment; and
( c ) Other agreed measures.
50. The seals or other approved equipment provided for in a detailed agreement
on inspection measures for that facility shall be placed not later than 240
days after this Convention enters into force for a State Party. Inspectors shall
be permitted to visit each chemical weapons production facility for the
installation of such seals or equipment.
51. During each calendar year, the Technical Secretariat shall be permitted to
conduct up to four inspections of each chemical weapons production facility.
52. The Director-General shall notify the inspected State Party of his decision to
inspect or visit a chemical weapons production facility 48 hours before the
planned arrival of the inspection team at the facility for systematic
inspections or visits. In the case of inspections or visits to resolve urgent
problems, this period may be shortened. The Director-General shall specify
the purpose of the inspection or visit.
53. Inspectors shall, in accordance with the facility agreements, have unimpeded
access to all parts of the chemical weapons production facilities. The items
on the declared inventory to be inspected shall be chosen by the inspectors.
54. The guidelines for determining the frequency of systematic on-site
inspections shall be considered and approved by the Conference pursuant to
Article VIII, paragraph 21 ( i ). The particular production facility to be
inspected shall be chosen by the Technical Secretariat in such a way as to
preclude the prediction of precisely when the facility is to be inspected.
Verification of destruction of chemical weapons production facilities
55. The purpose of systematic verification of the destruction of chemical
weapons production facilities shall be to confirm that the facility is
destroyed in accordance with the obligations under this Convention and that
each item on the declared inventory is destroyed in accordance with the
agreed detailed plan for destruction.
56. When all items on the declared inventory have been destroyed, the Technical
Secretariat shall confirm the declaration of the State Party to that effect.
After this confirmation, the Technical Secretariat shall terminate the
systematic verification of the chemical weapons production facility and shall
promptly remove all devices and monitoring instruments installed by the
inspectors.
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  103
57. After this confirmation, the State Party shall make the declaration that the
facility has been destroyed.
Verification of temporary conversion of a chemical weapons production facility
into a chemical weapons destruction facility
58. Not later than 90 days after receiving the initial notification of the intent to
convert temporarily a production facility, the inspectors shall have the right
to visit the facility to familiarize themselves with the proposed temporary
conversion and to study possible inspection measures that will be required
during the conversion.
59. Not later than 60 days after such a visit, the Technical Secretariat and the
inspected State Party shall conclude a transition agreement containing
additional inspection measures for the temporary conversion period. The
transition agreement shall specify inspection procedures, including the use
of seals, monitoring equipment, and inspections, that will provide
confidence that no chemical weapons production takes place during the
conversion process. This agreement shall remain in force from the beginning
of the temporary conversion activity until the facility begins operation as a
chemical weapons destruction facility.
60. The inspected State Party shall not remove or convert any portion of the
facility, or remove or modify any seal or other agreed inspection equipment
that may have been installed pursuant to this Convention until the transition
agreement has been concluded.
61. Once the facility begins operation as a chemical weapons destruction
facility, it shall be subject to the provisions of Part IV (A) of this Annex
applicable to chemical weapons destruction facilities. Arrangements for the
pre-operation period shall be governed by the transition agreement.
62. During destruction operations the inspectors shall have access to all portions
of the temporarily converted chemical weapons production facilities,
including those that are not directly involved with the destruction of
chemical weapons.
63. Before the commencement of work at the facility to convert it temporarily
for chemical weapons destruction purposes and after the facility has ceased
to function as a facility for chemical weapons destruction, the facility shall
be subject to the provisions of this Part applicable to chemical weapons
production facilities.
D. CONVERSION OF CHEMICAL WEAPONS PRODUCTION
FACILITIES TO PURPOSES NOT PROHIBITED UNDER THIS
CONVENTION
Procedures for requesting conversion
64. A request to use a chemical weapons production facility for purposes not
prohibited under this Convention may be made for any facility that a State
Party is already using for such purposes before this Convention enters into
force for it, or that it plans to use for such purposes.
65. For a chemical weapons production facility that is being used for purposes
not prohibited under this Convention when this Convention enters into force
for the State Party, the request shall be submitted to the Director-General not
later than 30 days after this Convention enters into force for the State Party.
The request shall contain, in addition to data submitted in accordance with
paragraph 1 ( h ) (iii), the following information:
  104  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
( 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
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  105
ensure the prevention of standby chemical weapons production
capability at the facility.
67. The State Party may propose in its request any other measures it deems
appropriate to build confidence.
Actions pending a decision
68. Pending a decision of the Conference, a State Party may continue to use for
purposes not prohibited under this Convention a facility that was being used
for such purposes before this Convention enters into force for it, but only if
the State Party certifies in its request that no specialized equipment and no
specialized buildings are being used and that the specialized equipment and
specialized buildings have been rendered inactive using the methods
specified in paragraph 13.
69. If the facility, for which the request was made, was not being used for
purposes not prohibited under this Convention before this Convention enters
into force for the State Party, or if the certification required in paragraph 68
is not made, the State Party shall cease immediately all activity pursuant to
Article V, paragraph 4. The State Party shall close the facility in accordance
with paragraph 13 not later than 90 days after this Convention enters into
force for it.
Conditions for conversion
70. As a condition for conversion of a chemical weapons production facility for
purposes not prohibited under this Convention, all specialized equipment at
the facility must be destroyed and all special features of buildings and
structures that distinguish them from buildings and structures normally used
for purposes not prohibited under this Convention and not involving
Schedule 1 chemicals must be eliminated.
71. A converted facility shall not be used:
( a ) For any activity involving production, processing, or consumption of a
Schedule 1 chemical or a Schedule 2 chemical; or
( b ) For the production of any highly toxic chemical, including any highly
toxic organophosphorus chemical, or for any other activity that would
require special equipment for handling highly toxic or highly corrosive
chemicals, unless the Executive Council decides that such production or
activity would pose no risk to the object and purpose of this
Convention, taking into account criteria for toxicity, corrosiveness and,
if applicable, other technical factors, to be considered and approved by
the Conference pursuant to Article VIII, paragraph 21 ( i ).
72. Conversion of a chemical weapons production facility shall be completed
not later than six years after entry into force of this Convention.
Decisions by the Executive Council and the Conference
73. Not later than 90 days after receipt of the request by the Director-General,
an initial inspection of the facility shall be conducted by the Technical
Secretariat. The purpose of this inspection shall be to determine the accuracy
of the information provided in the request, to obtain information on the
technical characteristics of the proposed converted facility, and to assess the
conditions under which use for purposes not prohibited under this
Convention may be permitted. The Director-General shall promptly submit a
report to the Executive Council, the Conference, and all States Parties
  106  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
containing his recommendations on the measures necessary to convert the
facility to purposes not prohibited under this Convention and to provide
assurance that the converted facility will be used only for purposes not
prohibited under this Convention.
74. If the facility has been used for purposes not prohibited under this
Convention before this Convention enters into force for the State Party, and
is continuing to be in operation, but the measures required to be certified
under paragraph 68 have not been taken, the Director-General shall
immediately inform the Executive Council, which may require implemen-
tation of measures it deems appropriate,  inter alia , shut-down of the facility
and removal of specialized equipment and modification of buildings or
structures. The Executive Council shall stipulate the deadline for
implementation of these measures and shall suspend consideration of the
request pending their satisfactory completion. The facility shall be inspected
promptly after the expiration of the deadline to determine whether the
measures have been implemented. If not, the State Party shall be required to
shut down completely all facility operations.
75. As soon as possible after receiving the report of the Director-General, the
Conference, upon recommendation of the Executive Council, shall decide,
taking into account the report and any views expressed by States Parties,
whether to approve the request, and shall establish the conditions upon
which approval is contingent. If any State Party objects to approval of the
request and the associated conditions, consultations shall be undertaken
among interested States Parties for up to 90 days to seek a mutually
acceptable solution. A decision on the request and associated conditions,
along with any proposed modifications thereto, shall be taken, as a matter of
substance, as soon as possible after the end of the consultation period.
76. If the request is approved, a facility agreement shall be completed not later
than 90 days after such a decision is taken. The facility agreement shall
contain the conditions under which the conversion and use of the facility is
permitted, including measures for verification. Conversion shall not begin
before the facility agreement is concluded.
Detailed plans for conversion
77. Not less than 180 days before conversion of a chemical weapons production
facility is planned to begin, the State Party shall provide the Technical
Secretariat with the detailed plans for conversion of the facility, including
proposed measures for verification of conversion, with respect to,  inter alia :
( a ) Timing of the presence of the inspectors at the facility to be converted;
and
( b ) Procedures for verification of measures to be applied to each item on
the declared inventory.
78. The detailed plan for conversion of each chemical weapons production
facility shall contain:
( a ) Detailed time schedule of the conversion process;
( b ) Layout of the facility before and after conversion;
( c ) Process flow diagram of the facility before, and as appropriate, after the
conversion;
( d ) Detailed inventory of equipment, buildings and structures and other
items to be destroyed and of the buildings and structures to be modified;
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  107
( e ) Measures to be applied to each item on the inventory, if any;
( f ) Proposed measures for verification;
( g ) Security/safety measures to be observed during the conversion of the
facility; and
( h ) Working and living conditions to be provided for inspectors.
Review of detailed plans
79. On the basis of the detailed plan for conversion and proposed measures for
verification submitted by the State Party, and on experience from previous
inspections, the Technical Secretariat shall prepare a plan for verifying the
conversion of the facility, consulting closely with the State Party. Any
differences between the Technical Secretariat and the State Party concerning
appropriate measures shall be resolved through consultations. Any
unresolved matters shall be forwarded to the Executive Council for
appropriate action with a view to facilitate the full implementation of this
Convention.
80. To ensure that the provisions of Article V and this Part are fulfilled, the
combined plans for conversion and verification shall be agreed upon
between the Executive Council and the State Party. This agreement shall be
completed not less than 60 days before conversion is planned to begin.
81. Each member of the Executive Council may consult with the Technical
Secretariat on any issue regarding the adequacy of the combined plan for
conversion and verification. If there are no objections by any member of the
Executive Council, the plan shall be put into action.
82. If there are any difficulties, the Executive Council should enter into
consultations with the State Party to reconcile them. If any difficulties
remain unresolved, they should be referred to the Conference. The
resolution of any differences over methods of conversion should not delay
the execution of other parts of the conversion plan that are acceptable.
83. If agreement is not reached with the Executive Council on aspects of
verification, or if the approved verification plan cannot be put into action,
verification of conversion shall proceed through continuous monitoring with
on-site instruments and physical presence of inspectors.
84. Conversion and verification shall proceed according to the agreed plan. The
verification shall not unduly interfere with the conversion process and shall
be conducted through the presence of inspectors to confirm the conversion.
85. For the 10 years after the Director-General certifies that conversion is
complete, the State Party shall provide to inspectors unimpeded access to the
facility at any time. The inspectors shall have the right to observe all areas,
all activities, and all items of equipment at the facility. The inspectors shall
have the right to verify that the activities at the facility are consistent with
any conditions established under this Section, by the Executive Council and
the Conference. The inspectors shall also have the right, in accordance with
provisions of Part II, Section E, of this Annex to receive samples from any
area of the facility and to analyse them to verify the absence of Schedule 1
chemicals, their stable by-products and decomposition products and of
Schedule 2 chemicals and to verify that the activities at the facility are
consistent with any other conditions on chemical activities established under
this Section, by the Executive Council and the Conference. The inspectors
shall also have the right to managed access, in accordance with Part X,
  108  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
Section C, of this Annex, to the plant site at which the facility is located.
During the 10-year period, the State Party shall report annually on the
activities at the converted facility. Upon completion of the 10-year period,
the Executive Council, taking into account recommendations of the
Technical Secretariat, shall decide on the nature of continued verification
measures.
86. Costs of verification of the converted facility shall be allocated in
accordance with Article V, paragraph 19.
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  109
PART VI
ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION 
IN ACCORDANCE WITH ARTICLE VI
REGIME FOR SCHEDULE 1 CHEMICALS AND FACILITIES 
RELATED TO SUCH CHEMICALS
A. GENERAL PROVISIONS
1. A State Party shall not produce, acquire, retain or use Schedule 1 chemicals
outside the territories of States Parties and shall not transfer such chemicals
outside its territory except to another State Party.
2. A State Party shall not produce, acquire, retain, transfer or use Schedule 1
chemicals unless:
( a ) The chemicals are applied to research, medical, pharmaceutical or
protective purposes; and
( b ) The types and quantities of chemicals are strictly limited to those which
can be justified for such purposes; and
( c ) The aggregate amount of such chemicals at any given time for such
purposes is equal to or less than 1 tonne; and
( d ) The aggregate amount for such purposes acquired by a State Party in
any year through production, withdrawal from chemical weapons stocks
and transfer is equal to or less than 1 tonne.
B. TRANSFERS
3. A State Party may transfer Schedule 1 chemicals outside its territory only to
another State Party and only for research, medical, pharmaceutical or
protective purposes in accordance with paragraph 2.
4. Chemicals transferred shall not be retransferred to a third State.
5. Not less than 30 days before any transfer to another State Party both States
Parties shall notify the Technical Secretariat of the transfer.
6. Each State Party shall make a detailed annual declaration regarding transfers
during the previous year. The declaration shall be submitted not later than 90
days after the end of that year and shall for each Schedule 1 chemical that
has been transferred include the following information:
( a ) The chemical name, structural formula and Chemical Abstracts Service
registry number, if assigned;
( b ) The quantity acquired from other States or transferred to other States
Parties. For each transfer the quantity, recipient and purpose shall be
included.
C. PRODUCTION
General principles for production
7. Each State Party, during production under paragraphs 8 to 12, shall assign
the highest priority to ensuring the safety of people and to protecting the
environment. Each State Party shall conduct such production in accordance
with its national standards for safety and emissions.
Single small-scale facility
8. Each State Party that produces Schedule 1 chemicals for research, medical,
pharmaceutical or protective purposes shall carry out the production at a
  110  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
single small-scale facility approved by the State Party, except as set forth in
paragraphs 10, 11 and 12.
9. The production at a single small-scale facility shall be carried out in reaction
vessels in production lines not configurated for continuous operation. The
volume of such a reaction vessel shall not exceed 100 litres, and the total
volume of all reaction vessels with a volume exceeding 5 litres shall not be
more than 500 litres.
Other facilities
10. Production of Schedule 1 chemicals in aggregate quantities not exceeding 10
kg per year may be carried out for protective purposes at one facility outside
a single small-scale facility. This facility shall be approved by the State
Party.
11. Production of Schedule 1 chemicals in quantities of more than 100 g per
year may be carried out for research, medical or pharmaceutical purposes
outside a single small-scale facility in aggregate quantities not exceeding 10
kg per year per facility. These facilities shall be approved by the State Party.
12. Synthesis of Schedule 1 chemicals for research, medical or pharmaceutical
purposes, but not for protective purposes, may be carried out at laboratories
in aggregate quantities less than 100 g per year per facility. These facilities
shall not be subject to any obligation relating to declaration and verification
as specified in Sections D and E.
D. DECLARATIONS
Single small-scale facility
13. Each State Party that plans to operate a single small-scale facility shall
provide the Technical Secretariat with the precise location and a detailed
technical description of the facility, including an inventory of equipment and
detailed diagrams. For existing facilities, this initial declaration shall be
provided not later than 30 days after this Convention enters into force for the
State Party. Initial declarations on new facilities shall be provided not less
than 180 days before operations are to begin.
14. Each State Party shall give advance notification to the Technical Secretariat
of planned changes related to the initial declaration. The notification shall be
submitted not less than 180 days before the changes are to take place.
15. A State Party producing Schedule 1 chemicals at a single small-scale facility
shall make a detailed annual declaration regarding the activities of the
facility for the previous year. The declaration shall be submitted not later
than 90 days after the end of that year and shall include:
( a ) Identification of the facility;
( b ) For each Schedule 1 chemical produced, acquired, consumed or stored
at the facility, the following information:
(i) The chemical name, structural formula and Chemical Abstracts
Service registry number, if assigned;
(ii) The methods employed and quantity produced;
(iii) The name and quantity of precursors listed in Schedules 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;
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  111
(v) The quantity received from or shipped to other facilities in the
State Party. For each shipment the quantity, recipient and purpose
should be included;
(vi) The maximum quantity stored at any time during the year; and
(vii) The quantity stored at the end of the year; and
( c ) Information on any changes at the facility during the year compared to
previously submitted detailed technical descriptions of the facility
including inventories of equipment and detailed diagrams.
16. Each State Party producing Schedule 1 chemicals at a single small-scale
facility shall make a detailed annual declaration regarding the projected
activities and the anticipated production at the facility for the coming year.
The declaration shall be submitted not less than 90 days before the
beginning of that year and shall include:
( a ) Identification of the facility;
( b ) For each Schedule 1 chemical anticipated to be produced, consumed or
stored at the facility, the following information:
(i) The chemical name, structural formula and Chemical Abstracts
Service registry number, if assigned;
(ii) The quantity anticipated to be produced and the purpose of the
production; and
( c ) Information on any anticipated changes at the facility during the year
compared to previously submitted detailed technical descriptions of the
facility including inventories of equipment and detailed diagrams.
Other facilities referred to in paragraphs 10 and 11
17. For each facility, a State Party shall provide the Technical Secretariat with
the name, location and a detailed technical description of the facility or its
relevant part(s) as requested by the Technical Secretariat. The facility
producing Schedule 1 chemicals for protective purposes shall be specifically
identified. For existing facilities, this initial declaration shall be provided
not later than 30 days after this Convention enters into force for the State
Party. Initial declarations on new facilities shall be provided not less than
180 days before operations are to begin.
18. Each State Party shall give advance notification to the Technical Secretariat
of planned changes related to the initial declaration. The notification shall be
submitted not less than 180 days before the changes are to take place.
19. Each State Party shall, for each facility, make a detailed annual declaration
regarding the activities of the facility for the previous year. The declaration
shall be submitted not later than 90 days after the end of that year and shall
include:
( a ) Identification of the facility;
( b ) For each Schedule 1 chemical the following information:
(i) The chemical name, structural formula and Chemical Abstracts
Service registry number, if assigned;
(ii) The quantity produced and, in case of production for protective
purposes, methods employed;
(iii) The name and quantity of precursors listed in Schedules 1, 2, or 3,
used for production of Schedule 1 chemicals;
  112  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
(iv) The quantity consumed at the facility and the purpose of the
consumption;
(v) The quantity transferred to other facilities within the State Party.
For each transfer the quantity, recipient and purpose should be
included;
(vi) The maximum quantity stored at any time during the year; and
(vii) The quantity stored at the end of the year; and
( c ) Information on any changes at the facility or its relevant parts during
the year compared to previously submitted detailed technical
description of the facility.
20. Each State Party shall, for each facility, make a detailed annual declaration
regarding the projected activities and the anticipated production at the
facility for the coming year. The declaration shall be submitted not less than
90 days before the beginning of that year and shall include:
( a ) Identification of the facility;
( b ) For each Schedule 1 chemical the following information:
(i) The chemical name, structural formula and Chemical Abstracts
Service registry number, if assigned; and
(ii) The quantity anticipated to be produced, the time periods when
the production is anticipated to take place and the purposes of the
production; and
( c ) Information on any anticipated changes at the facility or its relevant
parts, during the year compared to previously submitted detailed
technical descriptions of the facility.
E. VERIFICATION
Single small-scale facility
21. The aim of verification activities at the single small-scale facility shall be to
verify that the quantities of Schedule 1 chemicals produced are correctly
declared and, in particular, that their aggregate amount does not exceed 1
tonne.
22. The facility shall be subject to systematic verification through on-site
inspection and monitoring with on-site instruments.
23. The number, intensity, duration, timing and mode of inspections for a
particular facility shall be based on the risk to the object and purpose of this
Convention posed by the relevant chemicals, the characteristics of the
facility and the nature of the activities carried out there. Appropriate
guidelines shall be considered and approved by the Conference pursuant to
Article VIII, paragraph 21 ( i ).
24. The purpose of the initial inspection shall be to verify information provided
concerning the facility, including verification of the limits on reaction
vessels set forth in paragraph 9.
25. Not later than 180 days after this Convention enters into force for a State
Party, it shall conclude a facility agreement, based on a model agreement,
with the Organization, covering detailed inspection procedures for the
facility.
26. Each State Party planning to establish a single small-scale facility after this
Convention enters into force for it shall conclude a facility agreement, based
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  113
on a model agreement, with the Organization, covering detailed inspection
procedures for the facility before it begins operation or is used.
27. A model for agreements shall be considered and approved by the Conference
pursuant to Article VIII, paragraph 21 ( i ).
Other facilities referred to in paragraphs 10 and 11
28. The aim of verification activities at any facility referred to in paragraphs 10
and 11 shall be to verify that:
( a ) The facility is not used to produce any Schedule 1 chemical, except for
the declared chemicals;
( b ) The quantities of Schedule 1 chemicals produced, processed or
consumed are correctly declared and consistent with needs for the
declared purpose; and
( c ) The Schedule 1 chemical is not diverted or used for other purposes.
29. The facility shall be subject to systematic verification through on-site
inspection and monitoring with on-site instruments.
30. The number, intensity, duration, timing and mode of inspections for a
particular facility shall be based on the risk to the object and purpose of this
Convention posed by the quantities of chemicals produced, the
characteristics of the facility and the nature of the activities carried out
there. Appropriate guidelines shall be considered and approved by the
Conference pursuant to Article VIII, paragraph 21 ( i ).
31. Not later than 180 days after this Convention enters into force for a State
Party, it shall conclude facility agreements with the Organization, based on a
model agreement covering detailed inspection procedures for each facility.
32. Each State Party planning to establish such a facility after entry into force of
this Convention shall conclude a facility agreement with the Organization
before the facility begins operation or is used.
  114  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
PART VII
ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION 
IN ACCORDANCE WITH ARTICLE VI
REGIME FOR SCHEDULE 2 CHEMICALS AND FACILITIES 
RELATED TO SUCH CHEMICALS
A. DECLARATIONS
Declarations of aggregate national data
1. The initial and annual declarations to be provided by each State Party
pursuant to Article VI, paragraphs 7 and 8, shall include aggregate national
data for the previous calendar year on the quantities produced, processed,
consumed, imported and exported of each Schedule 2 chemical, as well as a
quantitative specification of import and export for each country involved.
2. Each State Party shall submit:
( a ) Initial declarations pursuant to paragraph 1 not later than 30 days after
this Convention enters into force for it; and, starting in the following
calendar year,
( b ) Annual declarations not later than 90 days after the end of the previous
calendar year.
Declarations of plant sites producing, processing or consuming Schedule 2
chemicals
3. Initial and annual declarations are required for all plant sites that comprise
one or more plant(s) which produced, processed or consumed during any of
the previous three calendar years or is anticipated to produce, process or
consume in the next calendar year more than:
( a ) 1 kg of a chemical designated "*" in Schedule 2, part A;
( b ) 100 kg of any other chemical listed in Schedule 2, part A; or
( c ) 1 tonne of a chemical listed in Schedule 2, part B.
4. Each State Party shall submit:
( a ) Initial declarations pursuant to paragraph 3 not later than 30 days after
this Convention enters into force for it; and, starting in the following
calendar year;
( b ) Annual declarations on past activities not later than 90 days after the
end of the previous calendar year;
( c ) Annual declarations on anticipated activities not later than 60 days
before the beginning of the following calendar year. Any such activity
additionally planned after the annual declaration has been submitted
shall be declared not later than five days before this activity begins.
5. Declarations pursuant to paragraph 3 are generally not required for mixtures
containing a low concentration of a Schedule 2 chemical. They are only
required, in accordance with guidelines, in cases where the ease of recovery
from the mixture of the Schedule 2 chemical and its total weight are deemed
to pose a risk to the object and purpose of this Convention. These guidelines
shall be considered and approved by the Conference pursuant to Article
VIII, paragraph 21 ( i ).
6. Declarations of a plant site pursuant to paragraph 3 shall include:
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  115
( a ) The name of the plant site and the name of the owner, company, or
enterprise operating it;
( b ) Its precise location including the address; and
( c ) The number of plants within the plant site which are declared pursuant
to Part VIII of this Annex.
7. Declarations of a plant site pursuant to paragraph 3 shall also include, for
each plant which is located within the plant site and which falls under the
specifications set forth in paragraph 3, the following information:
( a ) The name of the plant and the name of the owner, company, or
enterprise operating it;
( b ) Its precise location within the plant site including the specific building
or structure number, if any;
( c ) Its main activities;
( d ) Whether the plant:
(i) Produces, processes, or consumes the declared Schedule 2
chemical(s);
(ii) Is dedicated to such activities or multi-purpose; and
(iii) Performs other activities with regard to the declared Schedule 2
chemical(s), including a specification of that other activity (e.g.
storage); and
( e ) The production capacity of the plant for each declared Schedule 2
chemical.
8. Declarations of a plant site pursuant to paragraph 3 shall also include the
following information on each Schedule 2 chemical above the declaration
threshold:
( a ) The chemical name, common or trade name used by the facility,
structural formula, and Chemical Abstracts Service registry number, if
assigned;
( b ) In the case of the initial declaration: the total amount produced,
processed, consumed, imported and exported by the plant site in each of
the three previous calendar years;
( c ) In the case of the annual declaration on past activities: the total amount
produced, processed, consumed, imported and exported by the plant site
in the previous calendar year;
( d ) In the case of the annual declaration on anticipated activities: the total
amount anticipated to be produced, processed or consumed by the plant
site in the following calendar year, including the anticipated time
periods for production, processing or consumption; and
( e ) The purposes for which the chemical was or will be produced, processed
or consumed:
(i) Processing and consumption on site with a specification of the
product types;
(ii) Sale or transfer within the territory or to any other place under the
jurisdiction or control of the State Party, with a specification
whether to other industry, trader or other destination and, if
possible, of final product types;
(iii) Direct export, with a specification of the States involved; or
  116  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
(iv) Other, including a specification of these other purposes.
Declarations on past production of Schedule 2 chemicals for chemical weapons
purposes
9. Each State Party shall, not later than 30 days after this Convention enters
into force for it, declare all plant sites comprising plants that produced at
any time since 1 January 1946 a Schedule 2 chemical for chemical weapons
purposes.
10. Declarations of a plant site pursuant to paragraph 9 shall include:
( a ) The name of the plant site and the name of the owner, company, or
enterprise operating it;
( b ) Its precise location including the address;
( c ) For each plant which is located within the plant site, and which falls
under the specifications set forth in paragraph 9, the same information
as required under paragraph 7, sub-paragraphs ( a ) to ( e ); and
( d ) For each Schedule 2 chemical produced for chemical weapons purposes:
(i) The chemical name, common or trade name used by the plant site
for chemical weapons production purposes, structural formula,
and Chemical Abstracts Service registry number, if assigned;
(ii) The dates when the chemical was produced and the quantity
produced; and
(iii) The location to which the chemical was delivered and the final
product produced there, if known.
Information to States Parties
11. A list of plant sites declared under this Section together with the information
provided under paragraphs 6, 7 ( a ), 7 ( c ), 7 ( d ) (i), 7 ( d ) (iii), 8 ( a ) and 10
shall be transmitted by the Technical Secretariat to States Parties upon
request.
B. VERIFICATION
General
12. Verification provided for in Article VI, paragraph 4, shall be carried out
through on-site inspection at those of the declared plant sites that comprise
one or more plants which produced, processed or consumed during any of
the previous three calendar years or are anticipated to produce, process or
consume in the next calendar year more than:
( a ) 10 kg of a chemical designated "*" in Schedule 2, part A;
( b ) 1 tonne of any other chemical listed in Schedule 2, part A; or
( c ) 10 tonnes of a chemical listed in Schedule 2, part B.
13. The programme and budget of the Organization to be adopted by the
Conference pursuant to Article VIII, paragraph 21 ( a ) shall contain, as a
separate item, a programme and budget for verification under this Section.
In the allocation of resources made available for verification under Article
VI, the Technical Secretariat shall, during the first three years after the entry
into force of this Convention, give priority to the initial inspections of plant
sites declared under Section A. The allocation shall thereafter be reviewed
on the basis of the experience gained.
14. The Technical Secretariat shall conduct initial inspections and subsequent
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  117
inspections in accordance with paragraphs 15 to 22.
Inspection aims
15. The general aim of inspections shall be to verify that activities are in
accordance with obligations under this Convention and consistent with the
information to be provided in declarations. Particular aims of inspections at
plant sites declared under Section A shall include verification of:
( a ) The absence of any Schedule 1 chemical, especially its production,
except if in accordance with Part VI of this Annex;
( b ) Consistency with declarations of levels of production, processing or
consumption of Schedule 2 chemicals; and
( c ) Non-diversion of Schedule 2 chemicals for activities prohibited under
this Convention.
Initial inspections
16. Each plant site to be inspected pursuant to paragraph 12 shall receive an
initial inspection as soon as possible but preferably not later than three years
after entry into force of this Convention. Plant sites declared after this
period shall receive an initial inspection not later than one year after
production, processing or consumption is first declared. Selection of plant
sites for initial inspections shall be made by the Technical Secretariat in
such a way as to preclude the prediction of precisely when the plant site is to
be inspected.
17. During the initial inspection, a draft facility agreement for the plant site
shall be prepared unless the inspected State Party and the Technical
Secretariat agree that it is not needed.
18. With regard to frequency and intensity of subsequent inspections, inspectors
shall during the initial inspection assess the risk to the object and purpose of
this Convention posed by the relevant chemicals, the characteristics of the
plant site and the nature of the activities carried out there, taking into
account,  inter alia , the following criteria:
( a ) The toxicity of the scheduled chemicals and of the end-products
produced with it, if any; 
( b ) The quantity of the scheduled chemicals typically stored at the
inspected site;
( c ) The quantity of feedstock chemicals for the scheduled chemicals
typically stored at the inspected site;
( d ) The production capacity of the Schedule 2 plants; and
( e ) The capability and convertibility for initiating production, storage and
filling of toxic chemicals at the inspected site.
Inspections
19. Having received the initial inspection, each plant site to be inspected
pursuant to paragraph 12 shall be subject to subsequent inspections.
20. In selecting particular plant sites for inspection and in deciding on the
frequency and intensity of inspections, the Technical Secretariat shall give
due consideration to the risk to the object and purpose of this Convention
posed by the relevant chemical, the characteristics of the plant site and the
nature of the activities carried out there, taking into account the respective
facility agreement as well as the results of the initial inspections and
  118  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
subsequent inspections.
21. The Technical Secretariat shall choose a particular plant site to be inspected
in such a way as to preclude the prediction of exactly when it will be
inspected.
22. No plant site shall receive more than two inspections per calendar year
under the provisions of this Section. This, however, shall not limit
inspections pursuant to Article IX.
Inspection procedures
23. In addition to agreed guidelines, other relevant provisions of this Annex and
the Confidentiality Annex, paragraphs 24 to 30 below shall apply.
24. A facility agreement for the declared plant site shall be concluded not later
than 90 days after completion of the initial inspection between the inspected
State Party and the Organization unless the inspected State Party and the
Technical Secretariat agree that it is not needed. It shall be based on a model
agreement and govern the conduct of inspections at the declared plant site.
The agreement shall specify the frequency and intensity of inspections as
well as detailed inspection procedures, consistent with paragraphs 25 to 29.
25. The focus of the inspection shall be the declared Schedule 2 plant(s) within
the declared plant site. If the inspection team requests access to other parts
of the plant site, access to these areas shall be granted in accordance with the
obligation to provide clarification pursuant to Part II, paragraph 51, of this
Annex and in accordance with the facility agreement, or, in the absence of a
facility agreement, in accordance with the rules of managed access as
specified in Part X, Section C, of this Annex.
26. Access to records shall be provided, as appropriate, to provide assurance
that there has been no diversion of the declared chemical and that production
has been consistent with declarations.
27. Sampling and analysis shall be undertaken to check for the absence of
undeclared scheduled chemicals.
28. Areas to be inspected may include:
( a ) Areas where feed chemicals (reactants) are delivered or stored;
( b ) Areas where manipulative processes are performed upon the reactants
prior to addition to the reaction vessels;
( c ) Feed lines as appropriate from the areas referred to in sub-paragraph ( a )
or sub-paragraph ( b ) to the reaction vessels together with any associated
valves, flow meters, etc.;
( d ) The external aspect of the reaction vessels and ancillary equipment;
( e ) Lines from the reaction vessels leading to long- or short-term storage or
to equipment further processing the declared Schedule 2 chemicals;
( f ) Control equipment associated with any of the items under sub-
paragraphs ( a ) to ( e ); 
( g ) Equipment and areas for waste and effluent handling;
( h ) Equipment and areas for disposition of chemicals not up to
specification.
29. The period of inspection shall not last more than 96 hours; however,
extensions may be agreed between the inspection team and the inspected
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  119
State Party.
Notification of inspection
30. A State Party shall be notified by the Technical Secretariat of the inspection
not less than 48 hours before the arrival of the inspection team at the plant
site to be inspected.
C. TRANSFERS TO STATES NOT PARTY TO THIS CONVENTION
31. * Schedule 2 chemicals shall only be transferred to or received from States
Parties. This obligation shall take effect three years after entry into force of
this Convention.
32. † During this interim three-year period, each State Party shall require an end-
use certificate, as specified below, for transfers of Schedule 2 chemicals to
States not Party to this Convention. For such transfers, each State Party shall
adopt the necessary measures to ensure that the transferred chemicals shall
only be used for purposes not prohibited under this Convention.  Inter alia ,
the State Party shall require from the recipient State a certificate stating, in
relation to the transferred chemicals:
( a ) That they will only be used for purposes not prohibited under this
Convention;
( b ) That they will not be re-transferred;
( c ) Their types and quantities;
( d ) Their end-use(s); and
( e ) The name(s) and address(es) of the end-user(s).
* 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.
  120  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS 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
1. The initial and annual declarations to be provided by a State Party pursuant
to Article VI, paragraphs 7 and 8, shall include aggregate national data for
the previous calendar year on the quantities produced, imported and
exported of each Schedule 3 chemical, as well as a quantitative specification
of import and export for each country involved.
2. Each State Party shall submit:
( a ) Initial declarations pursuant to paragraph 1 not later than 30 days after
this Convention enters into force for it; and, starting in the following
calendar year,
( b ) Annual declarations not later than 90 days after the end of the previous
calendar year.
Declarations of plant sites producing Schedule 3 chemicals
3. Initial and annual declarations are required for all plant sites that comprise
one or more plants which produced during the previous calendar year or are
anticipated to produce in the next calendar year more than 30 tonnes of a
Schedule 3 chemical.
4. Each State Party shall submit:
( a ) Initial declarations pursuant to paragraph 3 not later than 30 days after
this Convention enters into force for it; and, starting in the following
calendar year;
( b ) Annual declarations on past activities not later than 90 days after the
end of the previous calendar year;
( c ) Annual declarations on anticipated activities not later than 60 days
before the beginning of the following calendar year. Any such activity
additionally planned after the annual declaration has been submitted
shall be declared not later than five days before this activity begins.
5. Declarations pursuant to paragraph 3 are generally not required for mixtures
containing a low concentration of a Schedule 3 chemical. They are only
required, in accordance with guidelines, in such cases where the ease of
recovery from the mixture of the Schedule 3 chemical and its total weight
are deemed to pose a risk to the object and purpose of this Convention.
These guidelines shall be considered and approved by the Conference
pursuant to Article VIII, paragraph 21 ( i ).
6. Declarations of a plant site pursuant to paragraph 3 shall include:
( a ) The name of the plant site and the name of the owner, company, or
enterprise operating it;
( b ) Its precise location including the address; and
( c ) The number of plants within the plant site which are declared pursuant
to Part VII of this Annex.
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  121
7. Declarations of a plant site pursuant to paragraph 3 shall also include, for
each plant which is located within the plant site and which falls under the
specifications set forth in paragraph 3, the following information:
( a ) The name of the plant and the name of the owner, company, or
enterprise operating it;
( b ) Its precise location within the plant site, including the specific building
or structure number, if any;
( c ) Its main activities.
8. Declarations of a plant site pursuant to paragraph 3 shall also include the
following information on each Schedule 3 chemical above the declaration
threshold:
( a ) The chemical name, common or trade name used by the facility,
structural formula, and Chemical Abstracts Service registry number, if
assigned;
( b ) The approximate amount of production of the chemical in the previous
calendar year, or, in case of declarations on anticipated activities,
anticipated for the next calendar year, expressed in the ranges: 30 to 200
tonnes, 200 to 1,000 tonnes, 1,000 to 10,000 tonnes, 10,000 to 100,000
tonnes, and above 100,000 tonnes; and
( c ) The purposes for which the chemical was or will be produced.
Declarations on past production of Schedule 3 chemicals for chemical weapons
purposes
9. Each State Party shall, not later than 30 days after this Convention enters
into force for it, declare all plant sites comprising plants that produced at
any time since 1 January 1946 a Schedule 3 chemical for chemical weapons
purposes.
10. Declarations of a plant site pursuant to paragraph 9 shall include:
( a ) The name of the plant site and the name of the owner, company, or
enterprise operating it;
( b ) Its precise location including the address;
( c ) For each plant which is located within the plant site, and which falls
under the specifications set forth in paragraph 9, the same information
as required under paragraph 7, sub-paragraphs ( a ) to ( c ); and
( d ) For each Schedule 3 chemical produced for chemical weapons purposes:
(i) The chemical name, common or trade name used by the plant site
for chemical weapons production purposes, structural formula,
and Chemical Abstracts Service registry number, if assigned;
(ii) The dates when the chemical was produced and the quantity
produced; and
(iii) The location to which the chemical was delivered and the final
product produced there, if known.
Information to States Parties
11. A list of plant sites declared under this Section together with the information
provided under paragraphs 6, 7 ( a ), 7 ( c ), 8 ( a ) and 10 shall be transmitted
by the Technical Secretariat to States Parties upon request.
  122  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
B. VERIFICATION
General
12. Verification provided for in paragraph 5 of Article VI shall be carried out
through on-site inspections at those declared plant sites which produced
during the previous calendar year or are anticipated to produce in the next
calendar year in excess of 200 tonnes aggregate of any Schedule 3 chemical
above the declaration threshold of 30 tonnes.
13. The programme and budget of the Organization to be adopted by the
Conference pursuant to Article VIII, paragraph 21 ( a ), shall contain, as a
separate item, a programme and budget for verification under this Section
taking into account Part VII, paragraph 13, of this Annex.
14. Under this Section, the Technical Secretariat shall randomly select plant
sites for inspection through appropriate mechanisms, such as the use of
specially designed computer software, on the basis of the following
weighting factors:
( a ) Equitable geographical distribution of inspections; and
( b ) The information on the declared plant sites available to the Technical
Secretariat, related to the relevant chemical, the characteristics of the
plant site and the nature of the activities carried out there.
15. No plant site shall receive more than two inspections per year under the
provisions of this Section. This, however, shall not limit inspections
pursuant to Article IX.
16. In selecting plant sites for inspection under this Section, the Technical
Secretariat shall observe the following limitation for the combined number
of inspections to be received by a State Party per calendar year under this
Part and Part IX of this Annex: the combined number of inspections shall
not exceed three plus 5 per cent of the total number of plant sites declared by
a State Party under both this Part and Part IX of this Annex, or 20
inspections, whichever of these two figures is lower.
Inspection aims
17. At plant sites declared under Section A, the general aim of inspections shall
be to verify that activities are consistent with the information to be provided
in declarations. The particular aim of inspections shall be the verification of
the absence of any Schedule 1 chemical, especially its production, except if
in accordance with Part VI of this Annex.
Inspection procedures
18. In addition to agreed guidelines, other relevant provisions of this Annex and
the Confidentiality Annex, paragraphs 19 to 25 below shall apply.
19. There shall be no facility agreement, unless requested by the inspected State
Party.
20. The focus of the inspections shall be the declared Schedule 3 plant(s) within
the declared plant site. If the inspection team, in accordance with Part II,
paragraph 51, of this Annex, requests access to other parts of the plant site
for clarification of ambiguities, the extent of such access shall be agreed
between the inspection team and the inspected State Party.
21. The inspection team may have access to records in situations in which the
inspection team and the inspected State Party agree that such access will
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  123
assist in achieving the objectives of the inspection.
22. Sampling and on-site analysis may be undertaken to check for the absence of
undeclared scheduled chemicals. In case of unresolved ambiguities, samples
may be analysed in a designated off-site laboratory, subject to the inspected
State Party’s agreement.
23. Areas to be inspected may include:
( a ) Areas where feed chemicals (reactants) are delivered or stored;
( b ) Areas where manipulative processes are performed upon the reactants
prior to addition to the reaction vessel;
( c ) Feed lines as appropriate from the areas referred to in sub-paragraph ( a )
or sub-paragraph ( b ) to the reaction vessel together with any associated
valves, flow meters, etc.;
( d ) The external aspect of the reaction vessels and ancillary equipment;
( e ) Lines from the reaction vessels leading to long- or short-term storage or
to equipment further processing the declared Schedule 3 chemicals;
( f ) Control equipment associated with any of the items under sub-
paragraphs ( a ) to ( e );
( g ) Equipment and areas for waste and effluent handling;
( h ) Equipment and areas for disposition of chemicals not up to
specification.
24. The period of inspection shall not last more than 24 hours; however,
extensions may be agreed between the inspection team and the inspected
State Party.
Notification of inspection
25. A State Party shall be notified by the Technical Secretariat of the inspection
not less than 120 hours before the arrival of the inspection team at the plant
site to be inspected.
C. TRANSFERS TO STATES NOT PARTY TO THIS CONVENTION
26. When transferring Schedule 3 chemicals to States not Party to this
Convention, each State Party shall adopt the necessary measures to ensure
that the transferred chemicals shall only be used for purposes not prohibited
under this Convention.  Inter alia , the State Party shall require from the
recipient State a certificate stating, in relation to the transferred chemicals:
( a ) That they will only be used for purposes not prohibited under this
Convention;
( b ) That they will not be re-transferred;
( c ) Their types and quantities;
( d ) Their end-use(s); and
( e ) The name(s) and address(es) of the end-user(s).
27. Five years after entry into force of this Convention, the Conference shall
consider the need to establish other measures regarding transfers of
Schedule 3 chemicals to States not Party to this Convention.
  124  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
PART IX
ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION 
IN ACCORDANCE WITH ARTICLE VI
REGIME FOR OTHER CHEMICAL PRODUCTION FACILITIES
A. DECLARATIONS
List of other chemical production facilities
1. The initial declaration to be provided by each State Party pursuant to Article
VI, paragraph 7, shall include a list of all plant sites that:
( a ) Produced by synthesis during the previous calendar year more than 200
tonnes of unscheduled discrete organic chemicals; or
( b ) Comprise one or more plants which produced by synthesis during the
previous calendar year more than 30 tonnes of an unscheduled discrete
organic chemical containing the elements phosphorus, sulfur or fluorine
(hereinafter referred to as "PSF-plants" and "PSF-chemical").
2. The list of other chemical production facilities to be submitted pursuant to
paragraph 1 shall not include plant sites that exclusively produced
explosives or hydrocarbons.
3. Each State Party shall submit its list of other chemical production facilities
pursuant to paragraph 1 as part of its initial declaration not later than 30 days
after this Convention enters into force for it. Each State Party shall, not later
than 90 days after the beginning of each following calendar year, provide
annually the information necessary to update the list.
4. The list of other chemical production facilities to be submitted pursuant to
paragraph 1 shall include the following information on each plant site:
( a ) The name of the plant site and the name of the owner, company, or
enterprise operating it;
( b ) The precise location of the plant site including its address;
( c ) Its main activities; and
( d ) The approximate number of plants producing the chemicals specified in
paragraph 1 in the plant site.
5. With regard to plant sites listed pursuant to paragraph 1 ( a ), the list shall
also include information on the approximate aggregate amount of production
of the unscheduled discrete organic chemicals in the previous calendar year
expressed in the ranges: under 1,000 tonnes, 1,000 to 10,000 tonnes and
above 10,000 tonnes.
6. With regard to plant sites listed pursuant to paragraph 1 ( b ), the list shall
also specify the number of PSF-plants within the plant site and include
information on the approximate aggregate amount of production of PSF-
chemicals produced by each PSF-plant in the previous calendar year
expressed in the ranges: under 200 tonnes, 200 to 1,000 tonnes, 1,000 to
10,000 tonnes and above 10,000 tonnes.
Assistance by the Technical Secretariat
7. If a State Party, for administrative reasons, deems it necessary to ask for
assistance in compiling its list of chemical production facilities pursuant to
paragraph 1, it may request the Technical Secretariat to provide such
assistance. Questions as to the completeness of the list shall then be resolved
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  125
through consultations between the State Party and the Technical Secretariat.
Information to States Parties
8. The lists of other chemical production facilities submitted pursuant to
paragraph 1, including the information provided under paragraph 4, shall be
transmitted by the Technical Secretariat to States Parties upon request.
B. VERIFICATION
General
9. Subject to the provisions of Section C, verification as provided for in Article
VI, paragraph 6, shall be carried out through on-site inspection at:
( a ) Plant sites listed pursuant to paragraph 1 (a); and
( b ) Plant sites listed pursuant to paragraph 1 ( b ) that comprise one or more
PSF-plants which produced during the previous calendar year more than
200 tonnes of a PSF-chemical.
10. The programme and budget of the Organization to be adopted by the
Conference pursuant to Article VIII, paragraph 21 ( a ), shall contain, as a
separate item, a programme and budget for verification under this Section
after its implementation has started.
11. Under this Section, the Technical Secretariat shall randomly select plant
sites for inspection through appropriate mechanisms, such as the use of
specially designed computer software, on the basis of the following
weighting factors:
( a ) Equitable geographical distribution of inspections;
( b ) The information on the listed plant sites available to the Technical
Secretariat, related to the characteristics of the plant site and the
activities carried out there; and
( c ) Proposals by States Parties on a basis to be agreed upon in accordance
with paragraph 25.
12. No plant site shall receive more than two inspections per year under the
provisions of this Section. This, however, shall not limit inspections
pursuant to Article IX.
13. In selecting plant sites for inspection under this Section, the Technical
Secretariat shall observe the following limitation for the combined number
of inspections to be received by a State Party per calendar year under this
Part and Part VIII of this Annex: the combined number of inspections shall
not exceed three plus 5 per cent of the total number of plant sites declared by
a State Party under both this Part and Part VIII of this Annex, or 20
inspections, whichever of these two figures is lower.
Inspection aims
14. At plant sites listed under Section A, the general aim of inspections shall be
to verify that activities are consistent with the information to be provided in
declarations. The particular aim of inspections shall be the verification of
the absence of any Schedule 1 chemical, especially its production, except if
in accordance with Part VI of this Annex.
Inspection procedures
15. In addition to agreed guidelines, other relevant provisions of this Annex and
the Confidentiality Annex, paragraphs 16 to 20 below shall apply.
  126  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
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 clarification of
ambiguities, the extent of such access shall be agreed between the inspection
team and the inspected State Party.
18. The inspection team may have access to records in situations in which the
inspection team and the inspected State Party agree that such access will
assist in achieving the objectives of the inspection.
19. Sampling and on-site analysis may be undertaken to check for the absence of
undeclared scheduled chemicals. In cases of unresolved ambiguities,
samples may be analysed in a designated off-site laboratory, subject to the
inspected State Party’s agreement.
20. The period of inspection shall not last more than 24 hours; however,
extensions may be agreed between the inspection team and the inspected
State Party.
Notification of inspection
21. A State Party shall be notified by the Technical Secretariat of the inspection
not less than 120 hours before the arrival of the inspection team at the plant
site to be inspected.
C. IMPLEMENTATION AND REVIEW OF SECTION B
Implementation
22. The implementation of Section B shall start at the beginning of the fourth
year after entry into force of this Convention unless the Conference, at its
regular session in the third year after entry into force of this Convention,
decides otherwise.
23. The Director-General shall, for the regular session of the Conference in the
third year after entry into force of this Convention, prepare a report which
outlines the experience of the Technical Secretariat in implementing the
provisions of Parts VII and VIII of this Annex as well as of Section A of this
Part.
24. At its regular session in the third year after entry into force of this
Convention, the Conference, on the basis of a report of the Director-General,
may also decide on the distribution of resources available for verification
under Section B between "PSF-plants" and other chemical production
facilities. Otherwise, this distribution shall be left to the expertise of the
Technical Secretariat and be added to the weighting factors in paragraph 11.
25. At its regular session in the third year after entry into force of this
Convention, the Conference, upon advice of the Executive Council, shall
decide on which basis (e.g. regional) proposals by States Parties for
inspections should be presented to be taken into account as a weighting
factor in the selection process specified in paragraph 11.
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  127
Review
26. At the first special session of the Conference convened pursuant to Article
VIII, paragraph 22, the provisions of this Part of the Verification Annex
shall be re-examined in the light of a comprehensive review of the overall
verification regime for the chemical industry (Article VI, Parts VII to IX of
this Annex) on the basis of the experience gained. The Conference shall then
make recommendations so as to improve the effectiveness of the verification
regime.
  128  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
PART X
CHALLENGE INSPECTIONS PURSUANT TO ARTICLE IX
A. DESIGNATION AND SELECTION OF INSPECTORS AND
INSPECTION  ASSISTANTS
1. Challenge inspections pursuant to Article IX shall only be performed by
inspectors and inspection assistants especially designated for this function.
In order to designate inspectors and inspection assistants for challenge
inspections pursuant to Article IX, the Director-General shall, by selecting
inspectors and inspection assistants from among the inspectors and
inspection assistants for routine inspection activities, establish a list of
proposed inspectors and inspection assistants. It shall comprise a
sufficiently large number of inspectors and inspection assistants having the
necessary qualification, experience, skill and training, to allow for
flexibility in the selection of the inspectors, taking into account their
availability, and the need for rotation. Due regard shall be paid also to the
importance of selecting inspectors and inspection assistants on as wide a
geographical basis as possible. The designation of inspectors and inspection
assistants shall follow the procedures provided for under Part II, Section A,
of this Annex.
2. The Director-General shall determine the size of the inspection team and
select its members taking into account the circumstances of a particular
request. The size of the inspection team shall be kept to a minimum
necessary for the proper fulfilment of the inspection mandate. No national of
the requesting State Party or the inspected State Party shall be a member of
the inspection team.
B. PRE-INSPECTION ACTIVITIES
3. Before submitting the inspection request for a challenge inspection, the
State Party may seek confirmation from the Director-General that the
Technical Secretariat is in a position to take immediate action on the
request. If the Director-General cannot provide such confirmation
immediately, he shall do so at the earliest opportunity, in keeping with the
order of requests for confirmation. He shall also keep the State Party
informed of when it is likely that immediate action can be taken. Should the
Director-General reach the conclusion that timely action on requests can no
longer be taken, he may ask the Executive Council to take appropriate action
to improve the situation in the future.
Notification
4. The inspection request for a challenge inspection to be submitted to the
Executive Council and the Director-General shall contain at least the
following information:
( a ) The State Party to be inspected and, if applicable, the Host State;
( b ) The point of entry to be used;
( c ) The size and type of the inspection site;
( d ) The concern regarding possible non-compliance with this Convention
including a specification of the relevant provisions of this Convention
about which the concern has arisen, and of the nature and circumstances
of the possible non-compliance as well as all appropriate information on
the basis of which the concern has arisen; and
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  129
( e ) The name of the observer of the requesting State Party.
The requesting State Party may submit any additional information it deems
necessary.
5. The Director-General shall within one hour acknowledge to the requesting
State Party receipt of its request.
6. The requesting State Party shall notify the Director-General of the location
of the inspection site in due time for the Director-General to be able to
provide this information to the inspected State Party not less than 12 hours
before the planned arrival of the inspection team at the point of entry.
7. The inspection site shall be designated by the requesting State Party as
specifically as possible by providing a site diagram related to a reference
point with geographic coordinates, specified to the nearest second if
possible. If possible, the requesting State Party shall also provide a map with
a general indication of the inspection site and a diagram specifying as
precisely as possible the requested perimeter of the site to be inspected.
8. The requested perimeter shall:
( a ) Run at least a 10 metre distance outside any buildings or other
structures;
( b ) Not cut through existing security enclosures; and
( c ) Run at least a 10 metre distance outside any existing security enclosures
that the requesting State Party intends to include within the requested
perimeter.
9. If the requested perimeter does not conform with the specifications of
paragraph 8, it shall be redrawn by the inspection team so as to conform with
that provision.
10. The Director-General shall, not less than 12 hours before the planned arrival
of the inspection team at the point of entry, inform the Executive Council
about the location of the inspection site as specified in paragraph 7.
11. Contemporaneously with informing the Executive Council according to
paragraph 10, the Director-General shall transmit the inspection request to
the inspected State Party including the location of the inspection site as
specified in paragraph 7. This notification shall also include the information
specified in Part II, paragraph 32, of this Annex.
12. Upon arrival of the inspection team at the point of entry, the inspected State
Party shall be informed by the inspection team of the inspection mandate.
Entry into the territory of the inspected State Party or the Host State
13. The Director-General shall, in accordance with Article IX, paragraphs 13 to
18, dispatch an inspection team as soon as possible after an inspection
request has been received. The inspection team shall arrive at the point of
entry specified in the request in the minimum time possible, consistent with
the provisions of paragraphs 10 and 11.
14. If the requested perimeter is acceptable to the inspected State Party, it shall
be designated as the final perimeter as early as possible, but in no case later
than 24 hours after the arrival of the inspection team at the point of entry.
The inspected State Party shall transport the inspection team to the final
perimeter of the inspection site. If the inspected State Party deems it
necessary, such transportation may begin up to 12 hours before the expiry of
  130  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
the time period specified in this paragraph for the designation of the final
perimeter. Transportation shall, in any case, be completed not later than 36
hours after the arrival of the inspection team at the point of entry.
15. For all declared facilities, the procedures in sub-paragraphs ( a ) and ( b ) shall
apply. (For the purposes of this Part, "declared facility" means all facilities
declared pursuant to Articles III, IV, and V. With regard to Article VI,
"declared facility" means only facilities declared pursuant to Part VI of this
Annex, as well as declared plants specified by declarations pursuant to Part
VII, paragraphs 7 and 10 ( c ), and Part VIII, paragraphs 7 and 10 ( c ), of this
Annex.)
( a ) If the requested perimeter is contained within or conforms with the
declared perimeter, the declared perimeter shall be considered the final
perimeter. The final perimeter may, however, if agreed by the inspected
State Party, be made smaller in order to conform with the perimeter
requested by the requesting State Party.
( b ) The inspected State Party shall transport the inspection team to the final
perimeter as soon as practicable, but in any case shall ensure their
arrival at the perimeter not later than 24 hours after the arrival of the
inspection team at the point of entry.
Alternative determination of final perimeter
16. At the point of entry, if the inspected State Party cannot accept the requested
perimeter, it shall propose an alternative perimeter as soon as possible, but
in any case not later than 24 hours after the arrival of the inspection team at
the point of entry. In case of differences of opinion, the inspected State Party
and the inspection team shall engage in negotiations with the aim of
reaching agreement on a final perimeter.
17. The alternative perimeter should be designated as specifically as possible in
accordance with paragraph 8. It shall include the whole of the requested
perimeter and should, as a rule, bear a close relationship to the latter, taking
into account natural terrain features and man-made boundaries. It should
normally run close to the surrounding security barrier if such a barrier exists.
The inspected State Party should seek to establish such a relationship
between the perimeters by a combination of at least two of the following
means:
( a ) An alternative perimeter that does not extend to an area significantly
greater than that of the requested perimeter;
( b ) An alternative perimeter that is a short, uniform distance from the
requested perimeter;
( c ) At least part of the requested perimeter is visible from the alternative
perimeter.
18. If the alternative perimeter is acceptable to the inspection team, it shall
become the final perimeter and the inspection team shall be transported from
the point of entry to that perimeter. If the inspected State Party deems it
necessary, such transportation may begin up to 12 hours before the expiry of
the time period specified in paragraph 16 for proposing an alternative
perimeter. Transportation shall, in any case, be completed not later than 36
hours after the arrival of the inspection team at the point of entry.
19. If a final perimeter is not agreed, the perimeter negotiations shall be
concluded as early as possible, but in no case shall they continue more than
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  131
24 hours after the arrival of the inspection team at the point of entry. If no
agreement is reached, the inspected State Party shall transport the inspection
team to a location at the alternative perimeter. If the inspected State Party
deems it necessary, such transportation may begin up to 12 hours before the
expiry of the time period specified in paragraph 16 for proposing an
alternative perimeter. Transportation shall, in any case, be completed not
later than 36 hours after the arrival of the inspection team at the point of
entry.
20. Once at the location, the inspected State Party shall provide the inspection
team with prompt access to the alternative perimeter to facilitate
negotiations and agreement on the final perimeter and access within the final
perimeter.
21. If no agreement is reached within 72 hours after the arrival of the inspection
team at the location, the alternative perimeter shall be designated the final
perimeter.
Verification of location
22. To help establish that the inspection site to which the inspection team has
been transported corresponds to the inspection site specified by the
requesting State Party, the inspection team shall have the right to use
approved location-finding equipment and have such equipment installed
according to its directions. The inspection team may verify its location by
reference to local landmarks identified from maps. The inspected State Party
shall assist the inspection team in this task.
Securing the site, exit monitoring
23. Not later than 12 hours after the arrival of the inspection team at the point of
entry, the inspected State Party shall begin collecting factual information of
all vehicular exit activity from all exit points for all land, air, and water
vehicles of the requested perimeter. It shall provide this information to the
inspection team upon its arrival at the alternative or final perimeter,
whichever occurs first.
24. This obligation may be met by collecting factual information in the form of
traffic logs, photographs, video recordings, or data from chemical evidence
equipment provided by the inspection team to monitor such exit activity.
Alternatively, the inspected State Party may also meet this obligation by
allowing one or more members of the inspection team independently to
maintain traffic logs, take photographs, make video recordings of exit
traffic, or use chemical evidence equipment, and conduct other activities as
may be agreed between the inspected State Party and the inspection team.
25. Upon the inspection team’s arrival at the alternative perimeter or final
perimeter, whichever occurs first, securing the site, which means exit
monitoring procedures by the inspection team, shall begin.
26. Such procedures shall include: the identification of vehicular exits, the
making of traffic logs, the taking of photographs, and the making of video
recordings by the inspection team of exits and exit traffic. The inspection
team has the right to go, under escort, to any other part of the perimeter to
check that there is no other exit activity.
27. Additional procedures for exit monitoring activities as agreed upon by the
inspection team and the inspected State Party may include,  inter alia :
( a ) Use of sensors;
  132  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
( b ) Random selective access;
( c ) Sample analysis.
28. All activities for securing the site and exit monitoring shall take place within
a band around the outside of the perimeter, not exceeding 50 metres in
width, measured outward.
29. The inspection team has the right to inspect on a managed access basis
vehicular traffic exiting the site. The inspected State Party shall make every
reasonable effort to demonstrate to the inspection team that any vehicle,
subject to inspection, to which the inspection team is not granted full access,
is not being used for purposes related to the possible non-compliance
concerns raised in the inspection request.
30. Personnel and vehicles entering and personnel and personal passenger
vehicles exiting the site are not subject to inspection.
31. The application of the above procedures may continue for the duration of the
inspection, but may not unreasonably hamper or delay the normal operation
of the facility.
Pre-inspection briefing and inspection plan
32. To facilitate development of an inspection plan, the inspected State Party
shall provide a safety and logistical briefing to the inspection team prior to
access.
33. The pre-inspection briefing shall be held in accordance with Part II,
paragraph 37, of this Annex. In the course of the pre-inspection briefing, the
inspected State Party may indicate to the inspection team the equipment,
documentation, or areas it considers sensitive and not related to the purpose
of the challenge inspection. In addition, personnel responsible for the site
shall brief the inspection team on the physical layout and other relevant
characteristics of the site. The inspection team shall be provided with a map
or sketch drawn to scale showing all structures and significant geographic
features at the site. The inspection team shall also be briefed on the
availability of facility personnel and records.
34. After the pre-inspection briefing, the inspection team shall prepare, on the
basis of the information available and appropriate to it, an initial inspection
plan which specifies the activities to be carried out by the inspection team,
including the specific areas of the site to which access is desired. The
inspection plan shall also specify whether the inspection team will be
divided into subgroups. The inspection plan shall be made available to the
representatives of the inspected State Party and the inspection site. Its
implementation shall be consistent with the provisions of Section C,
including those related to access and activities.
Perimeter activities
35. Upon the inspection team’s arrival at the final or alternative perimeter,
whichever occurs first, the team shall have the right to commence
immediately perimeter activities in accordance with the procedures set forth
under this Section, and to continue these activities until the completion of
the challenge inspection.
36. In conducting the perimeter activities, the inspection team shall have the
right to:
( a ) Use monitoring instruments in accordance with Part II, paragraphs 27 to
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  133
30, of this Annex:
( b ) Take wipes, air, soil or effluent samples; and
( c ) Conduct any additional activities which may be agreed between the
inspection team and the inspected State Party.
37. The perimeter activities of the inspection team may be conducted within a
band around the outside of the perimeter up to 50 metres in width measured
outward from the perimeter. If the inspected State Party agrees, the
inspection team may also have access to any building or structure within the
perimeter band. All directional monitoring shall be oriented inward. For
declared facilities, at the discretion of the inspected State Party, the band
could run inside, outside, or on both sides of the declared perimeter.
C. CONDUCT OF INSPECTIONS
General rules
38. The inspected State Party shall provide access within the requested
perimeter as well as, if different, the final perimeter. The extent and nature
of access to a particular place or places within these perimeters shall be
negotiated between the inspection team and the inspected State Party on a
managed access basis.
39. The inspected State Party shall provide access within the requested
perimeter as soon as possible, but in any case not later than 108 hours after
the arrival of the inspection team at the point of entry in order to clarify the
concern regarding possible non-compliance with this Convention raised in
the inspection request.
40. Upon the request of the inspection team, the inspected State Party may
provide aerial access to the inspection site.
41. In meeting the requirement to provide access as specified in paragraph 38,
the inspected State Party shall be under the obligation to allow the greatest
degree of access taking into account any constitutional obligations it may
have with regard to proprietary rights or searches and seizures. The
inspected State Party has the right under managed access to take such
measures as are necessary to protect national security. The provisions in this
paragraph may not be invoked by the inspected State Party to conceal
evasion of its obligations not to engage in activities prohibited under this
Convention.
42. If the inspected State Party provides less than full access to places,
activities, or information, it shall be under the obligation to make every
reasonable effort to provide alternative means to clarify the possible non-
compliance concern that generated the challenge inspection.
43. Upon arrival at the final perimeter of facilities declared pursuant to Articles
IV, V and VI, access shall be granted following the pre-inspection briefing
and discussion of the inspection plan which shall be limited to the minimum
necessary and in any event shall not exceed three hours. For facilities
declared pursuant to Article III, paragraph 1 ( d ), negotiations shall be
conducted and managed access commenced not later than 12 hours after
arrival at the final perimeter.
44. In carrying out the challenge inspection in accordance with the inspection
request, the inspection team shall use only those methods necessary to
provide sufficient relevant facts to clarify the concern about possible non-
  134  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
compliance with the provisions of this Convention, and shall refrain from
activities not relevant thereto. It shall collect and document such facts as are
related to the possible non-compliance with this Convention by the
inspected State Party, but shall neither seek nor document information which
is clearly not related thereto, unless the inspected State Party expressly
requests it to do so. Any material collected and subsequently found not to be
relevant shall not be retained.
45. The inspection team shall be guided by the principle of conducting the
challenge inspection in the least intrusive manner possible, consistent with
the effective and timely accomplishment of its mission. Wherever possible,
it shall begin with the least intrusive procedures it deems acceptable and
proceed to more intrusive procedures only as it deems necessary.
Managed access
46. The inspection team shall take into consideration suggested modifications of
the inspection plan and proposals which may be made by the inspected State
Party, at whatever stage of the inspection including the pre-inspection
briefing, to ensure that sensitive equipment, information or areas, not related
to chemical weapons, are protected.
47. The inspected State Party shall designate the perimeter entry/exit points to
be used for access. The inspection team and the inspected State Party shall
negotiate: the extent of access to any particular place or places within the
final and requested perimeters as provided in paragraph 48; the particular
inspection activities, including sampling, to be conducted by the inspection
team; the performance of particular activities by the inspected State Party;
and the provision of particular information by the inspected State Party.
48. In conformity with the relevant provisions in the Confidentiality Annex the
inspected State Party shall have the right to take measures to protect
sensitive installations and prevent disclosure of confidential information and
data not related to chemical weapons. Such measures may include,  inter alia :
( a ) Removal of sensitive papers from office spaces;
( b ) Shrouding of sensitive displays, stores, and equipment;
( c ) Shrouding of sensitive pieces of equipment, such as computer or
electronic systems; 
( d ) Logging off of computer systems and turning off of data indicating
devices;
( e ) Restriction of sample analysis to presence or absence of chemicals
listed in Schedules 1, 2 and 3 or appropriate degradation products;
( f ) Using random selective access techniques whereby the inspectors are
requested to select a given percentage or number of buildings of their
choice to inspect; the same principle can apply to the interior and
content of sensitive buildings;
( g ) In exceptional cases, giving only individual inspectors access to certain
parts of the inspection site.
49. The inspected State Party shall make every reasonable effort to demonstrate
to the inspection team that any object, building, structure, container or
vehicle to which the inspection team has not had full access, or which has
been protected in accordance with paragraph 48, is not used for purposes
related to the possible non-compliance concerns raised in the inspection
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  135
request.
50. This may be accomplished by means of,  inter alia , the partial removal of a
shroud or environmental protection cover, at the discretion of the inspected
State Party, by means of a visual inspection of the interior of an enclosed
space from its entrance, or by other methods.
51. In the case of facilities declared pursuant to Articles IV, V and VI, the
following shall apply:
( a ) For facilities with facility agreements, access and activities within the
final perimeter shall be unimpeded within the boundaries established by
the agreements;
( b ) For facilities without facility agreements, negotiation of access and
activities shall be governed by the applicable general inspection
guidelines established under this Convention;
( c ) Access beyond that granted for inspections under Articles IV, V and VI
shall be managed in accordance with procedures of this section.
52. In the case of facilities declared pursuant to Article III, paragraph 1 ( d ), the
following shall apply: if the inspected State Party, using procedures of
paragraphs 47 and 48, has not granted full access to areas or structures not
related to chemical weapons, it shall make every reasonable effort to
demonstrate to the inspection team that such areas or structures are not used
for purposes related to the possible non-compliance concerns raised in the
inspection request.
Observer
53. In accordance with the provisions of Article IX, paragraph 12, on the
participation of an observer in the challenge inspection, the requesting State
Party shall liaise with the Technical Secretariat to coordinate the arrival of
the observer at the same point of entry as the inspection team within a
reasonable period of the inspection team’s arrival.
54. The observer shall have the right throughout the period of inspection to be in
communication with the embassy of the requesting State Party located in the
inspected State Party or in the Host State or, in the case of absence of an
embassy, with the requesting State Party itself. The inspected State Party
shall provide means of communication to the observer.
55. The observer shall have the right to arrive at the alternative or final
perimeter of the inspection site, wherever the inspection team arrives first,
and to have access to the inspection site as granted by the inspected State
Party. The observer shall have the right to make recommendations to the
inspection team, which the team shall take into account to the extent it
deems appropriate. Throughout the inspection, the inspection team shall
keep the observer informed about the conduct of the inspection and the
findings.
56. Throughout the in-country period, the inspected State Party shall provide or
arrange for the amenities necessary for the observer such as communication
means, interpretation services, transportation, working space, lodging, meals
and medical care. All the costs in connection with the stay of the observer on
the territory of the inspected State Party or the Host State shall be borne by
the requesting State Party.
  136  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
Duration of inspection
57. The period of inspection shall not exceed 84 hours, unless extended by
agreement with the inspected State Party.
D. POST-INSPECTION ACTIVITIES
Departure
58. Upon completion of the post-inspection procedures at the inspection site, the
inspection team and the observer of the requesting State Party shall proceed
promptly to a point of entry and shall then leave the territory of the
inspected State Party in the minimum time possible.
Reports
59. The inspection report shall summarize in a general way the activities
conducted by the inspection team and the factual findings of the inspection
team, particularly with regard to the concerns regarding possible non-
compliance with this Convention cited in the request for the challenge
inspection, and shall be limited to information directly related to this
Convention. It shall also include an assessment by the inspection team of the
degree and nature of access and cooperation granted to the inspectors and
the extent to which this enabled them to fulfil the inspection mandate.
Detailed information relating to the concerns regarding possible non-
compliance with this Convention cited in the request for the challenge
inspection shall be submitted as an Appendix to the final report and be
retained within the Technical Secretariat under appropriate safeguards to
protect sensitive information.
60. The inspection team shall, not later than 72 hours after its return to its
primary work location, submit a preliminary inspection report, having taken
into account,  inter alia , paragraph 17 of the Confidentiality Annex, to the
Director-General. The Director-General shall promptly transmit the
preliminary inspection report to the requesting State Party, the inspected
State Party and to the Executive Council.
61. A draft final inspection report shall be made available to the inspected State
Party not later than 20 days after the completion of the challenge inspection.
The inspected State Party has the right to identify any information and data
not related to chemical weapons which should, in its view, due to its
confidential character, not be circulated outside the Technical Secretariat.
The Technical Secretariat shall consider proposals for changes to the draft
final inspection report made by the inspected State Party and, using its own
discretion, wherever possible, adopt them. The final report shall then be
submitted not later than 30 days after the completion of the challenge
inspection to the Director-General for further distribution and consideration
in accordance with Article IX, paragraphs 21 to 25.
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  137
PART XI
INVESTIGATIONS IN CASES OF ALLEGED USE 
OF CHEMICAL WEAPONS
A. GENERAL
1. Investigations of alleged use of chemical weapons, or of alleged use of riot
control agents as a method of warfare, initiated pursuant to Articles IX or X,
shall be conducted in accordance with this Annex and detailed procedures to
be established by the Director-General.
2. The following additional provisions address specific procedures required in
cases of alleged use of chemical weapons.
B. PRE-INSPECTION ACTIVITIES
Request for an investigation
3. The request for an investigation of an alleged use of chemical weapons to be
submitted to the Director-General, to the extent possible, should include the
following information:
( a ) The State Party on whose territory use of chemical weapons is alleged
to have taken place;
( b ) The point of entry or other suggested safe routes of access;
( c ) Location and characteristics of the areas where chemical weapons are
alleged to have been used;
( d ) When chemical weapons are alleged to have been used;
( e ) Types of chemical weapons believed to have been used;
( f ) Extent of alleged use;
( g ) Characteristics of the possible toxic chemicals;
( h ) Effects on humans, animals and vegetation;
( i ) Request for specific assistance, if applicable.
4. The State Party which has requested an investigation may submit at any time
any additional information it deems necessary.
Notification
5. The Director-General shall immediately acknowledge receipt to the
requesting State Party of its request and inform the Executive Council and
all States Parties.
6. If applicable, the Director-General shall notify the State Party on whose
territory an investigation has been requested. The Director-General shall
also notify other States Parties if access to their territories might be required
during the investigation.
Assignment of inspection team
7. The Director-General shall prepare a list of qualified experts whose
particular field of expertise could be required in an investigation of alleged
use of chemical weapons and constantly keep this list updated. This list shall
be communicated, in writing, to each State Party not later than 30 days after
entry into force of this Convention and after each change to the list. Any
qualified expert included in this list shall be regarded as designated unless a
State Party, not later than 30 days after its receipt of the list, declares its
  138  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
non-acceptance in writing.
8. The Director-General shall select the leader and members of an inspection
team from the inspectors and inspection assistants already designated for
challenge inspections taking into account the circumstances and specific
nature of a particular request. In addition, members of the inspection team
may be selected from the list of qualified experts when, in the view of the
Director-General, expertise not available among inspectors already
designated is required for the proper conduct of a particular investigation.
9. When briefing the inspection team, the Director-General shall include any
additional information provided by the requesting State Party, or any other
sources, to ensure that the inspection can be carried out in the most effective
and expedient manner.
Dispatch of inspection team
10. Immediately upon the receipt of a request for an investigation of alleged use
of chemical weapons the Director-General shall, through contacts with the
relevant States Parties, request and confirm arrangements for the safe
reception of the team.
11. The Director-General shall dispatch the team at the earliest opportunity,
taking into account the safety of the team.
12. If the inspection team has not been dispatched within 24 hours from the
receipt of the request, the Director-General shall inform the Executive
Council and the States Parties concerned about the reasons for the delay.
Briefings
13. The inspection team shall have the right to be briefed by representatives of
the inspected State Party upon arrival and at any time during the inspection.
14. Before the commencement of the inspection the inspection team shall
prepare an inspection plan to serve,  inter alia , as a basis for logistic and
safety arrangements. The inspection plan shall be updated as need arises.
C. CONDUCT OF INSPECTIONS
Access
15. The inspection team shall have the right of access to any and all areas which
could be affected by the alleged use of chemical weapons. It shall also have
the right of access to hospitals, refugee camps and other locations it deems
relevant to the effective investigation of the alleged use of chemical
weapons. For such access, the inspection team shall consult with the
inspected State Party.
Sampling
16. The inspection team shall have the right to collect samples of types, and in
quantities it considers necessary. If the inspection team deems it necessary,
and if so requested by it, the inspected State Party shall assist in the
collection of samples under the supervision of inspectors or inspection
assistants. The inspected State Party shall also permit and cooperate in the
collection of appropriate control samples from areas neighbouring the site of
the alleged use and from other areas as requested by the inspection team.
17. Samples of importance in the investigation of alleged use include toxic
chemicals, munitions and devices, remnants of munitions and devices,
environmental samples (air, soil, vegetation, water, snow, etc.) and
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  139
biomedical samples from human or animal sources (blood, urine, excreta,
tissue, etc.).
18. If duplicate samples cannot be taken and the analysis is performed at off-site
laboratories, any remaining sample shall, if so requested, be returned to the
inspected State Party after the completion of the analysis.
Extension of inspection site
19. If the inspection team during an inspection deems it necessary to extend the
investigation into a neighbouring State Party, the Director-General shall
notify that State Party about the need for access to its territory and request
and confirm arrangements for the safe reception of the team.
Extension of inspection duration
20. If the inspection team deems that safe access to a specific area relevant to
the investigation is not possible, the requesting State Party shall be informed
immediately. If necessary, the period of inspection shall be extended until
safe access can be provided and the inspection team will have concluded its
mission.
Interviews
21. The inspection team shall have the right to interview and examine persons
who may have been affected by the alleged use of chemical weapons. It shall
also have the right to interview eyewitnesses of the alleged use of chemical
weapons and medical personnel, and other persons who have treated or have
come into contact with persons who may have been affected by the alleged
use of chemical weapons. The inspection team shall have access to medical
histories, if available, and be permitted to participate in autopsies, as
appropriate, of persons who may have been affected by the alleged use of
chemical weapons.
D. REPORTS
Procedures
22. The inspection team shall, not later than 24 hours after its arrival on the
territory of the inspected State Party, send a situation report to the Director-
General. It shall further throughout the investigation send progress reports
as necessary.
23. The inspection team shall, not later than 72 hours after its return to its
primary work location, submit a preliminary report to the Director-General.
The final report shall be submitted to the Director-General not later than 30
days after its return to its primary work location. The Director-General shall
promptly transmit the preliminary and final reports to the Executive Council
and to all States Parties.
Contents
24. The situation report shall indicate any urgent need for assistance and any
other relevant information. The progress reports shall indicate any further
need for assistance that might be identified during the course of the
investigation.
25. The final report shall summarize the factual findings of the inspection,
particularly with regard to the alleged use cited in the request. In addition, a
report of an investigation of an alleged use shall include a description of the
investigation process, tracing its various stages, with special reference to:
  140  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
( a ) The locations and time of sampling and on-site analyses; and
( b ) Supporting evidence, such as the records of interviews, the results of
medical examinations and scientific analyses, and the documents
examined by the inspection team.
26. If the inspection team collects through,  inter alia , identification of any
impurities or other substances during laboratory analysis of samples taken,
any information in the course of its investigation that might serve to identify
the origin of any chemical weapons used, that information shall be included
in the report.
E. STATES NOT PARTY TO THIS CONVENTION
27. In the case of alleged use of chemical weapons involving a State not Party to
this Convention or in territory not controlled by a State Party, the
Organization shall closely cooperate with the Secretary-General of the
United Nations. If so requested, the Organization shall put its resources at
the disposal of the Secretary-General of the United Nations.
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  141
ANNEX ON THE PROTECTION OF CONFIDENTIAL INFORMATION 
("CONFIDENTIALITY ANNEX")
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
  142  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
A. GENERAL PRINCIPLES FOR THE HANDLING OF CONFIDENTIAL
INFORMATION
1. The obligation to protect confidential information shall pertain to the
verification of both civil and military activities and facilities. Pursuant to the
general obligations set forth in Article VIII, the Organization shall:
( a ) Require only the minimum amount of information and data necessary
for the timely and efficient carrying out of its responsibilities under this
Convention;
( b ) Take the necessary measures to ensure that inspectors and other staff
members of the Technical Secretariat meet the highest standards of
efficiency, competence, and integrity;
( c ) Develop agreements and regulations to implement the provisions of this
Convention and shall specify as precisely as possible the information to
which the Organization shall be given access by a State Party.
2. The Director-General shall have the primary responsibility for ensuring the
protection of confidential information. The Director-General shall establish
a stringent regime governing the handling of confidential information by the
Technical Secretariat, and in doing so, shall observe the following
guidelines:
( a ) Information shall be considered confidential if:
(i) It is so designated by the State Party from which the information
was obtained and to which the information refers; or
(ii) In the 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
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  143
Organization only through procedures which ensure that the
release of information only occurs in strict conformity with the
needs of this Convention. Such procedures shall be considered
and approved by the Conference pursuant to Article VIII,
paragraph 21 ( i );
( d ) The level of sensitivity of confidential data or documents shall be
established, based on criteria to be applied uniformly in order to ensure
their appropriate handling and protection. For this purpose, a
classification system shall be introduced, which by taking account of
relevant work undertaken in the preparation of this Convention shall
provide for clear criteria ensuring the inclusion of information into
appropriate categories of confidentiality and the justified durability of
the confidential nature of information. While providing for the
necessary flexibility in its implementation the classification system
shall protect the rights of States Parties providing confidential
information. A classification system shall be considered and approved
by the Conference pursuant to Article VIII, paragraph 21 ( i );
( e ) Confidential information shall be stored securely at the premises of the
Organization. Some data or documents may also be stored with the
National Authority of a State Party. Sensitive information, including,
inter alia , photographs, plans and other documents required only for the
inspection of a specific facility may be kept under lock and key at this
facility;
( f ) To the greatest extent consistent with the effective implementation of
the verification provisions of this Convention, information shall be
handled and stored by the Technical Secretariat in a form that precludes
direct identification of the facility to which it pertains;
( g ) The amount of confidential information removed from a facility shall be
kept to the minimum necessary for the timely and effective
implementation of the verification provisions of this Convention; and
( h ) Access to confidential information shall be regulated in accordance with
its classification. The dissemination of confidential information within
the Organization shall be strictly on a need-to-know basis.
3. The Director-General shall report annually to the Conference on the
implementation of the regime governing the handling of confidential
information by the Technical Secretariat.
4. Each State Party shall treat information which it receives from the
Organization in accordance with the level of confidentiality established for
that information. Upon request, a State party shall provide details on the
handling of information provided to it by the Organization.
B. EMPLOYMENT AND CONDUCT OF PERSONNEL IN THE
TECHNICAL SECRETARIAT
5. Conditions of staff employment shall be such as to ensure that access to and
handling of confidential information shall be in conformity with the
procedures established by the Director-General in accordance with Section
A.
6. Each position in the Technical Secretariat shall be governed by a formal
position description that specifies the scope of access to confidential
information, if any, needed in that position.
  144  CAP. 392. ]   RATIFICATION OF CHEMICAL WEAPONS CONVENTION
7. The Director-General, the inspectors and the other members of the staff shall
not disclose even after termination of their functions to any unauthorized
persons any confidential information coming to their knowledge in the
performance of their official duties. They shall not communicate to any
State, organization or person outside the Technical Secretariat any
information to which they have access in connection with their activities in
relation to any State Party.
8. In the discharge of their functions inspectors shall only request the
information and data which are necessary to fulfil their mandate. They shall
not make any records of information collected incidentally and not related to
verification of compliance with this Convention.
9. The staff shall enter into individual secrecy agreements with the Technical
Secretariat covering their period of employment and a period of five years
after it is terminated.
10. In order to avoid improper disclosures, inspectors and staff members shall
be appropriately advised and reminded about security considerations and of
the possible penalties that they would incur in the event of improper
disclosure.
11. Not less than 30 days before an employee is given clearance for access to
confidential information that refers to activities on the territory or in any
other place under the jurisdiction or control of a State Party, the State Party
concerned shall be notified of the proposed clearance. For inspectors the
notification of a proposed designation shall fulfil this requirement.
12. In evaluating the performance of inspectors and any other employees of the
Technical Secretariat, specific attention shall be given to the employee’s
record regarding protection of confidential information.
C. MEASURES TO PROTECT SENSITIVE INSTALLATIONS AND
PREVENT DISCLOSURE OF CONFIDENTIAL DATA IN THE
COURSE OF ON-SITE VERIFICATION ACTIVITIES
13. States Parties may take such measures as they deem necessary to protect
confidentiality, provided that they fulfil their obligations to demonstrate
compliance in accordance with the relevant Articles and the Verification
Annex. When receiving an inspection, the State Party may indicate to the
inspection team the equipment, documentation or areas that it considers
sensitive and not related to the purpose of the inspection.
14. Inspection teams shall be guided by the principle of conducting on-site
inspections in the least intrusive manner possible consistent with the
effective and timely accomplishment of their mission. They shall take into
consideration proposals which may be made by the State Party receiving the
inspection, at whatever stage of the inspection, to ensure that sensitive
equipment or information, not related to chemical weapons, is protected.
15. Inspection teams shall strictly abide by the provisions set forth in the
relevant Articles and Annexes governing the conduct of inspections. They
shall fully respect the procedures designed to protect sensitive installations
and to prevent the disclosure of confidential data.
16. In the elaboration of arrangements and facility agreements, due regard shall
be paid to the requirement of protecting confidential information.
Agreements on inspection procedures for individual facilities shall also
include specific and detailed arrangements with regard to the determination
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [ CAP. 392.  145
of those areas of the facility to which inspectors are granted access, the
storage of confidential information on-site, the scope of the inspection effort
in agreed areas, the taking of samples and their analysis, the access to
records and the use of instruments and continuous monitoring equipment.
17. The report to be prepared after each inspection shall only contain facts
relevant to compliance with this Convention. The report shall be handled in
accordance with the regulations established by the Organization governing
the handling of confidential information. If necessary, the information
contained in the report shall be processed into less sensitive forms before it
is transmitted outside the Technical Secretariat and the inspected State
Party.
D. PROCEDURES IN CASE OF BREACHES OR ALLEGED BREACHES
OF CONFIDENTIALITY
18. The Director-General shall establish necessary procedures to be followed in
case of breaches or alleged breaches of confidentiality, taking into account
recommendations to be considered and approved by the Conference pursuant
to Article VIII, paragraph 21 ( i ).
19. The Director-General shall oversee the implementation of individual secrecy
agreements. The Director-General shall promptly initiate an investigation if,
in his judgment, there is sufficient indication that obligations concerning the
protection of confidential information have been violated. The Director-
General shall also promptly initiate an investigation if an allegation
concerning a breach of confidentiality is made by a State Party.
20. The Director-General shall impose appropriate punitive and disciplinary
measures on staff members who have violated their obligations to protect
confidential information. In cases of serious breaches, the immunity from
jurisdiction may be waived by the Director-General.
21. States Parties shall, to the extent possible, cooperate and support the
Director-General in investigating any breach or alleged breach of
confidentiality and in taking appropriate action in case a breach has been
established.
22. The Organization shall not be held liable for any breach of confidentiality
committed by members of the Technical Secretariat.
23. For breaches involving both a State Party and the Organization, a
"Commission for the settlement of disputes related to confidentiality", set up
as a subsidiary organ of the Conference, shall consider the case. This
Commission shall be appointed by the Conference. Rules governing its
composition and operating procedures shall be adopted by the Conference at
its first session.
