Cap 392.fm 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 Notices 216 of 2000 and 425 of
2007.
Title. 1. The title of this Act is Ratification of Chemical Weapons Convention Act.
Interpretation.2. (1) In this Act, unless the context otherwise requires - Cap. 232."Aircraft" has the same meaning which is given to it in the Civil
Aviation Act; "Convention" means the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, signed on behalf of Malta on the 13 January, 1993, in Paris, being a convention, a copy of the English text of which is set out in the Schedule to this Act;
"Director" means the director of the National Authority for the purposes of this Act;
"Director General" means the Director General of the Technical Secretariat;
"Minister" means the Minister responsible for Foreign Affairs and Environment;
"National Authority" means the body established by the Minister to act as the Maltese National Authority in accordance with Article VII of the Convention;
"National Authority Inspector" means a person declared pursuant to article 5;
"OPCW Inspector" means a person designated pursuant to the Convention as an inspector or inspection assistant;
"Organisation" and "OPCW" means the Organisation for the Prohibition of Chemical Weapons established pursuant to the provisions of the Convention, and its constituent bodies;
Cap. 234."Ship" has the same meaning which is given to it in the Merchant Shipping Act;
2 CAP. 392.] RATIFICATION OF CHEMICAL WEAPONS CONVENTION
"Technical Secretariat" means the technical secretariat of the OPCW established pursuant to Articles VII and VIII of the Convention.
(2) Any other term or expression used in this Act and in the Convention has in this Act the same meaning as in the Convention.
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. Amended by: L.N. 425 of 2007.
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 twenty-three thousand and two hundred and ninety-three euro and seventy-three cents (23,293.73) and not more than two hundred and thirty-two
RATIFICATION OF CHEMICAL WEAPONS CONVENTION [CAP. 392. 3
thousand and nine hundred and thirty-seven euro and thirty-four cents (232,937.34) or to imprisonment for a term of not less than eighteen months and not more than fifteen years:
Provided that where the person so found guilty is the director, manager, secretary or other similar officer of an undertaking in the economic interests of which the person found guilty was acting, the said person shall for the purposes of this article be deemed to be vested with the legal representation of the same undertaking which accordingly shall be liable in solidum with the person found guilty for the payment of the said fine.
(2) The fine referred to in subarticle (1) shall be recoverable as a civil debt in favour of the Government by the Director.
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
4 CAP. 392.] RATIFICATION OF CHEMICAL WEAPONS CONVENTION
plan for their destruction in accordance with the provisions of the Convention.
(4) (i) The Director may issue to relevant persons identity cards in a form to be approved by him.
(ii) For the purposes of this subarticle, "relevant persons" means the National Authority Inspector, the Director, OPCW inspectors and any other class of persons which may be prescribed by regulation.
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 off icer may, without a warrant , seize any substance or article that is forfeited or that he has reasonable grounds to believe to be forfeited under subarticle (1), and such substance or article shall be retained until the expiration of sixty days after the seizure, or if a prosecution for an offence referred to in article 4 in relation to the substance is instituted before the expiration of that period, until the prosecution is terminated.
(3) Any person who feels aggrieved by any seizure made in accordance with subarticle (2) may, within ten days after the expiration of the sixty days therein referred to, make an action by application against the Director in the Civil Court, First Hall, challenging that seizure:
Provided that where in accordance with the same subarticle a prosecution is instituted, any question relative to the seizure shall be determined by the Court before which the prosecution is made.
Analyst. 7. (1) The Minister may appoint an analyst for the purposes of this Act.
(2) A certificate of an analyst appointed under subarticle (1), stating that he has analysed or examined a substance and stating the result of his analysis or examination, shall be admissible evidence in a proceeding for an offence under this Act and shall be prima 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 article 5(4) a statement, whether orally or written, or presents to the relevant persons a document or record which is to the knowledge of that person false or misleading in a material particular; or
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 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: "cha l lenge inspec t ion" 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 article 11(1), enter upon or into any facility, premises, site, land or other location, ship, vessel,
6 CAP. 392.] RATIFICATION OF CHEMICAL WEAPONS CONVENTION
aircraft or vehicle, and exercise any relevant power for a relevant challenge inspection purpose.
(2) Where an OPCW inspector or OPCW inspection team and accompanying National Authority Inspectors enter the ship, vessel, aircraft or vehicle under subarticle (1), he or they may for that purpose and for the purpose of exercising any relevant power for a relevant challenge inspection purpose, stop and detain the ship, vessel, aircraft or vehicle.
Warrants. 11. (1) Subject to the provisions of subarticle (3) where an information is laid before a magistrate alleging that access to any facility, premises, site, land or other location within the Maltese terri tory, 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 and the provisions of the proviso to article 4(1) and (2) 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 des t ruc t ion (here inaf te r re fe r red to as "order o f 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 dupl icat ion of bi la teral or mult i la teral 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 act ivi ty prohibi ted 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 dupl icat ion of bi la teral or mul t i la teral 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 ques t ions , mat ters or i ssues wi thin the scope of th is Convention, including those relating to the powers and functions of the E x e c u t i v e C o u n c i l a n d t h e Te c h n i c a l S e c r e t a r i a t . I t m a y m a k e recommendations and take decisions on any questions, matters or issues related to this Convention raised by a State Party or brought to its attention by the Executive Council.
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 i ts 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 Convent ion that have come to i t s not ice in the performance of i t s 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 a l te rna tes and advisers , the Direc tor-Genera l and the s taff o f the Organization shall enjoy such privileges and immunities as are necessary in the independent exerc ise of their funct ions 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 Execut ive Counci l sha l l respond by prov id ing such ass i s tance 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 Art ic le 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 poss ib le non-compl iance with th is Convent ion as specif ied in the Verif icat ion Annex. Each State Party shal l 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 Par ty in ident i fy ing how i ts 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 Destruct ion, 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 par t ies’ 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 quest ion ar is ing within the scope of the act ivi t ies 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 sha l l be cons idered on ly 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, i f proposed changes are related only to mat ters 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 Confidentiali ty 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 i t 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 (