Decree On Declaring Donations, Checks, Inspections, Etc., In Accordance With The United Nations Convention On The Prohibition Of Chemical Weapons

Original Language Title: Bekendtgørelse om erklæringsafgivelse, kontrol, inspektioner m.v. i medfør af De Forenede Nationers konvention om forbud mod kemiske våben

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Overview (table of contents)



Chapter 1



National Authority





Chapter 2



Definitions





Chapter 3



Manufacture of list 1-chemicals





Chapter 4



Requirements for import and export of list 1-, 2-and 3-chemicals





Chapter 5



Transmission of information to the Danish enterprise and construction authority





Chapter 6



Control





Chapter 7



Inspections





Chapter 8



Works contracts





Chapter 9



Criminal provisions





Annex 1



Chemical lists, DOC and PSF-chemicals





Annex 2



Requirements for approval of a single production limited works or other installations, see. Verification Annex, part VI of the Convention.





Annex 3



States that have not joined C-weapons Convention per 11. November 2011



The full text of the Decree on declaring donations, checks, inspections, etc., in accordance with the United Nations Convention on the prohibition of chemical firearms 1)

Under section 4, section 5, paragraph 2, article 6, paragraph 5, section 6 (a), section 6 (b), paragraph 2, and article 8, paragraph 2, of law No. 443 of 14. June 1995 about inspections, declarations donation and controls carried out under the United Nations Convention on the prohibition of chemical weapons, as amended by Act No. 470 10. June 1997, law No. 228 of 23. April 2002 and law No. 487 of 25. May 2011, after negotiation with the Foreign Minister and the Minister of Justice and after authorisation pursuant to bekendtgørelse nr. 613 of 25. June 2003 on the provision of certain powers to the commercial and residential Agency, shall be set: Chapter 1 National Authority § 1. The Danish enterprise and construction authority is the national authority under the Convention and in this capacity the contact to the OPCW (Organization for the Prohibition of Chemical Weapons) under the United Nations Convention of 13. January 1993 on the prohibition of the development, production, Stockpiling and use of chemical weapons and such destruction.

Chapter 2 Definitions section 2. For the purposes of this order: 1) List 1-chemical: any chemical listed in Appendix 1 of annex 1 to this notice.

2) List 2 chemical: any chemical listed in Appendix 2 of annex 1 to this notice.

3) tier 3-chemical: any chemical listed in Appendix 3 of annex 1 to this notice.

4) manufacture of a chemical: formation of the substance by a chemical reaction, including when the list 1, 2 or 3 substance is formed as an intermediate product, a by-product or a waste product produced and consumed in the chemical process, and where the insulation of the chemical will be possible.

5) Processing of a chemical means a physical process, such as formulation, extraction and purification, in which the chemical is not converted into another chemical.

6) the use of a chemical: transformation of the chemical to another chemical by a chemical reaction.

7) DOC: discrete (well-defined) organic chemicals, which are not mentioned in the lists in annex I, and which includes all carbon related emissions, defined by chemical name, structural formula and, where appropriate, CAS No (Chemical Abstract Service) with the exception of oxides, sulphides and metalcarbonater.

8) PSF-chemicals: ulistede discrete organic chemicals, see. Nr. 7, containing the elements phosphorus, sulfur or fluorine.

9) Import means the physical importation of list 1-, 2-and 3-chemicals in the Danish territory or fields within Danish jurisdiction.

10) Export means the physical export of list 1-, 2-and 3-chemicals from the Danish territory or fields within Danish jurisdiction.

11) construction: an overall term for either a plant, see. Nr. 12, a factory without prejudice. Nr. 13, or a device, see. Nr. 14.12) plant: a whole made up of one or more locally integrated factories with administrative between levels within one operating management, and who have common infrastructure.

13) factory: a relatively autonomous area, a construction or building containing one or more units with associated infrastructure.

14) unit: the combination of equipment parts, such as vascular and karkonstruktioner, which are necessary for the manufacture, processing or use of a chemical.

15) Routine inspection: inspection carried out on the premises in relation to the information on chemicals, as the company has delivered to the Danish enterprise and construction authority.

16) Challenge inspection: inspection undertaken after an accusation from another participating State against Denmark that Denmark does not comply with the Convention banning chemical weapons.

17) Fixed agreement: an agreement between the OPCW and the Danish enterprise and construction authority in connection with the initial inspection of a business. The purpose of the agreement is to govern the activities of construction inspection team and inspection site during an inspection in order to facilitate future inspections, protect business secrets and to ensure that the time frames for compliance with the inspection.

18) Product Group number: a number defined in appendix 4 of the OPCW Declaration Handbook.

Chapter 3 manufacture of list 1-chemicals section 3. It is prohibited by section 6 (b) to produce, acquire, retain, or use the list 1-chemicals, see. However, paragraph 2.

(2). List 1 chemicals for research, medical, pharmaceutical or protective purposes can be produced, acquired, retained or used after permission from the Danish enterprise and construction authority, see. However, paragraph 4.

(3). Authorisation in accordance with paragraph 2 may only be granted to one limited production facility located in Denmark and other facility located in Denmark, see. Annex 2.

(4). Synthesis of list 1 chemicals for research, medical or pharmaceutical purposes can take place without permission, if the total amount of tier 1-chemicals is less than 100 g per year per facility.

(5). Application for authorisation in accordance with paragraph 2, shall be submitted to the Danish enterprise and construction authority not later than 210 days prior to activity or operation begins. The application must contain information about the installation's exact location, as well as a detailed technical description of the installation. The technical description must at least contain an inventory of equipment and detailed schematic drawings of the facility.

Chapter 4 requirements for import and export of list 1-, 2-and 3-chemicals section 4. List 1 chemicals may only be imported from and exported to the States which have ratified the Convention and only for research, medical or pharmaceutical use or for protection purposes. An overview of countries which, at the time of this publication issuance has not ratified the Convention are listed in annex 3.

(2). Imported or exported list 1 chemicals must not be re-exported to a third country.

(3). Companies must before import or export of list 1-chemicals give notice to the Danish enterprise and construction authority. The notification must contain the information specified in § 10.

(4). Communication in accordance with paragraph 3 shall be submitted not later than 40 days before import or export is taking place. For the import or export of saxitoxin for medical or diagnostic purposes in quantities limited to 5 mg, the statement shall, however, be submitted no later than 5 days before that imports or exports will take place.

§ 5. It is prohibited to import and export list 2-chemicals from and to States which have not ratified the Convention referred to in article 6. However, paragraph 2. An overview of countries which, at the time of this publication issuance has not ratified the Convention are listed in annex 3.

(2). Mixtures containing list 2-chemicals, are exempt from the prohibition referred to in paragraph 1, if: 1) the product contains 1% or less of list 2A or 2A "*"-chemicals, 2) product contains 10 percent or less of list 2B-chemicals, or 3) product is characterised as a consumer product and is packed for sale for personal or individual consumption.

§ 6. In the case of export of tier 3 chemicals to States which have not ratified the Convention, the Danish enterprise and construction authority requires an end-user certificate from the receiving State with regard to the transferred chemicals specifies: 1) that they will be used only for purposes not prohibited under the Convention, 2) that they will not be subject to onward transfer (re-export), 3) type and amount , 4) end use, and 5) the name and address of the end user.

(2). Mixtures containing list 3-chemicals, are exempt from the requirement for end-user certificate, if: 1) product contains 30% or less of the tier 3 chemicals, or 2) product is characterised as a consumer product that is packaged for sale for personal or individual consumption.

§ 7. The rules laid down in this chapter do not affect the companies ' obligations in accordance with the rules for the control of entry and departure of products under weapons law and in accordance with the rules for the control of exports of dual-use items (dual-use products).

Chapter 5 reporting of information to the Danish enterprise and construction authority § 8. The transmission of information pursuant to this chapter shall be submitted on forms prepared by the Danish enterprise and construction authority.

(2). All sensitive information will be treated confidentially by the Danish enterprise and construction authority.

(3). The rules laid down in this chapter do not affect the companies ' obligations in accordance with the rules on the control of exports of dual-use items.

List 1-business



Annual reports of activities performed



§ 9. Companies that have manufactured list 1-chemicals in the previous calendar year, are obliged to report the following to the Danish enterprise and construction authority:


1) name and address of the facility, name of the owner or the company that runs the plant, as well as the number of plants within the plant.

2) information about the plant's exact location specified by coordinates.

3) information about all changes made in the plant during the year compared to the previous votes detailed technical descriptions of the plant.

4) the following information for each list 1 chemicals produced, acquired, used or stored in the facility: a Unique chemical name, common name) or the trade name, structural formula and CAS number (Chemical Abstracts Service), if one exists.

(b)) The methodologies used and quantities.

(c)) the name and amount of starting substances included in list 1, 2 and 3, which is used in the manufacture of list 1-chemicals.

(d)) the amount that is used in the plant and the purpose of the application.

e) Amount received from or sent to other plants in Denmark. For each consignment must be abandoned amount, recipient and purpose.

(f) the maximum quantity stored) at any time during the year and by the end of the year.

(2). Exempt from the notification requirement in paragraph 1, are companies that have manufactured list 1 chemicals for research, medical or pharmaceutical purposes, and where the total amount of tier 1-chemicals is less than 100 g per year per facility.

§ 10. Companies who have imported or exported list 1-chemicals the previous calendar year must report information to the Danish enterprise and construction authority concerning the chemical name, formula, CAS-number, if one is assigned, the amount imported and exported, the name of the exporting and the importing company and the purpose of imports or exports.

§ 11. Information under section 9 (1) and § 10 of the activities performed in the previous calendar year must be reported to the Danish enterprise and construction authority no later than the 10. March of the following calendar year.

Annual reports of expected activities



§ 12. Companies that expect to produce list 1-chemicals the forthcoming calendar year are required to report the following information to the Danish enterprise and construction authority: 1) name and address of the facility, name of the owner or the company that runs the plant, as well as the number of plants within the plant.

2) information about the plant's exact location specified by coordinates.

3) Unique chemical name, common name or trade name, structural formula and CAS number (Chemical Abstracts Service), if one exists.

4) the total quantity, which is expected to be produced, used or stored in the plant of any list 1 chemicals, together with an indication of the periods in which the manufacturing process is expected to take place and the purpose of the manufacture.

5) all anticipated changes in the facility or its relevant parts over the next year compared to earlier votes detailed technical descriptions of the plant.

(2). Exempt from the notification requirement in paragraph 1, are companies that expect to produce list 1 chemicals for research, medical or pharmaceutical purposes, and where the total amount of tier 1-chemicals will be less than 100 g per year per facility.

(3). Information in accordance with paragraph 1 on anticipated activities in the coming calendar year must be reported to the Danish enterprise and construction authority no later than the 10. September.

List 2-company



Annual reports of activities performed



§ 13. Companies, as in the previous calendar year has produced, processed or used more than those listed in paragraph 2 specified quantities of chemicals per plant, are obliged to report the following to the Danish enterprise and construction authority, see. However, paragraph 3:1) Name and address of each manufacturing plant and the name of the owner or the company that runs manufacturing plant, as well as the number of plants within the plant.

2) Name on every single factory within the manufacturing plant as well as the name of the owner or the company, which operates the plant.

3) principal place of business for the manufacturing plant or factory specified by Opcw product group codes.

4) information about the plant's exact location specified by coordinates.

5) Unique chemical name, common name or trade name, structural formula and CAS number (Chemical Abstracts Service), if one exists.

6) information on, for what purposes substance was manufactured, processed or used by stating the Opcw product group code.

7) indication of whether the factory: a) producing, processing or using list 2-chemicals, b) is specialized in the activity in accordance with subparagraph (a)) or carries out activities intended for other purposes, or (c)) shall exercise other activities in relation to the declared list 2-chemicals, indicating the nature of such activities, URf.eks. storage.

8) the factory's production capacity for each tier-2 chemical.

9) information on the total quantity of each list 2-chemical that is manufactured, processed and used in manufacturing plant in the previous calendar year.

(2). The transmission of information as specified in paragraph 1 shall be made in the manufacture, processing or use of more than: 1) 1 kg of a chemical marked "*" in Appendix 2A.

2) 100 kg of any other chemical listed in Appendix 2A or 3) 1 tonne of a chemical listed in Appendix 2B.

(3). Exempt from the notification requirement in paragraph 1, companies that have manufactured, used or processed products, including chemical mixtures, when: 1) the product contains 1% or less of list 2A or 2A "*"-chemicals, 2) product contains less than 10% of list 2A-chemicals, and the total quantity manufactured, processed or used in the mixture of list 2A-chemicals is less than 1 ton, 3) the product contains less than 10% of list 2A "*"-chemicals , and the total quantity manufactured, processed or used in the mixture of list 2A "*"-chemicals is less than 10 kg, 4) product contains 30% or less of list 2B-chemicals, or 5) product is characterised as a consumer product and is packed for sale for personal or individual consumption.

§ 14. Companies that in the previous year have imported or exported list 2-chemicals, have a duty to report the following to the Danish enterprise and construction authority, see. However, paragraph 2:1) Unique chemical name, common name or trade name and CAS number (Chemical Abstracts Service), if one exists.

2) company name and address as well as CVR-nr.

3) A quantitative specification of each imported or exported list 2 chemical indicating the individual import and export countries.

4) percentage share of a chemical mixture, if the substance is part of a mixture.

(2). Exempt from the notification requirement in paragraph 1, companies that have imported or exported products, including chemical mixtures, if: 1) the product contains 1% or less of list 2A or 2A "*"-chemicals, 2) product contains less than 10% of list 2A-chemicals, and the total quantity manufactured, processed or used in the mixture of list 2A-chemicals is less than 1 ton, 3) the product contains less than 10% of list 2A "*"-chemicals , and the total quantity manufactured, processed or used in the mixture of list 2A "*"-chemicals is less than 10 kg, 4) product contains 30% or less of list 2B-chemicals, or 5) product is characterised as a consumer product and is packed for sale for personal or individual consumption.

§ 15. Information pursuant to section 13, paragraphs 1-2, and section 14, paragraph 1, concerning the performed activities must be reported to the Danish enterprise and construction authority no later than the 10. March of the following calendar year.

Annual reports of expected activities



§ 16. Companies, which in the coming calendar year expect to produce, process or use more than those specified in paragraph 2, the amounts of chemicals per plant, are obliged to report the following to the Danish enterprise and construction authority, see. However, paragraph 3:1) Name and address of each manufacturing plant and the name of the owner or the company that runs manufacturing plant, as well as the number of plants within the plant.

2) Name on every single factory within the manufacturing plant as well as the name of the owner or the company, which operates the plant.

3) principal place of business for the manufacturing plant or factory specified by Opcw product group code.

4) information about the plant's exact location by specifying coordinates.

5) Unique chemical name, common name or trade name, structural formula and CAS number (Chemical Abstracts Service), if one exists.

6) information on, for what purposes substance are or will be manufactured, processed or used by stating the Opcw product group code 7) indication of whether the factory: a) producing, processing or using list 2-chemicals, b) is specialized in the activity in accordance with subparagraph (a)) or carries out activities intended for other purposes, or (c)) shall exercise other activities in relation to the declared list 2-chemicals, indicating the nature of such activities , URf.eks. storage.

8) the factory's production capacity for each tier-2 chemical.

9) information on the total quantity of each list 2-chemicals which are expected to be produced, processed or used by the factory system in the following calendar year, including information about the expected production, processing or periods of application.

(2). Reporting in accordance with paragraph 1 shall be effected by the manufacture, processing or use of more than: 1) 1 kg of a chemical marked "*" in Appendix 2A, 2) 100 kg of any other chemical listed in Appendix 2A, or 3) 1 tonne of a chemical listed in Appendix 2B.


(3). Exempt from the notification requirement in paragraph 1 are companies that expect to manufacture, use or manufacture products, including chemical mixtures, when 1) product contains 1% or less of list 2A or 2A "*"-chemicals, 2) product contains less than 10% of list 2A-chemicals, and the total quantity manufactured, processed or used in the mixture of list 2A-chemicals is less than 1 ton , 3) the product contains less than 10% of list 2A "*"-chemicals, and the total quantity manufactured, processed or used in the mixture of list 2A "*"-chemicals is less than 10 kg, 4) product contains 30% or less of list 2B-chemicals, or 5) product is characterised as a consumer product and is packed for sale for personal or individual consumption.

(4). Information in accordance with paragraph 1 on anticipated activities in the coming calendar year must be reported to the Danish enterprise and construction authority no later than the 10. October.

(5). Activities planned for the annual reporting of projected activities in the next calendar year, without prejudice to article. paragraph 4 shall be reported to the Danish enterprise and construction authority not later than 10 days prior to the commencement of the activity.

List 3-company



Annual reports of activities performed



§ 17. Companies that the previous calendar year has produced more than 30 tonnes of a tier 3 chemicals per plant, including as part of a mixture, where list 3 substance at the same time constitute more than 30% of the mix, are obliged to report the following information to the Danish enterprise and construction authority: 1) Name and address of each manufacturing plant and the name of the owner or company , which operates manufacturing plant, as well as the number of plants within the plant.

2) Name on every single factory within the manufacturing plant as well as the name of the owner or the company, which operates the plant.

3) principal place of business for the manufacturing plant or factory specified by Opcw product group code.

4) information about the plant's exact location specified by coordinates.

5) Unique chemical name, common name or trade name, structural formula and CAS number (Chemical Abstracts Service), if one exists.

6) A quantitative specification of each tier 3 chemicals.

§ 18. Companies that in the previous year have imported or exported list 3-chemicals, including as part of a mixture, where list 3 substance at the same time constitute more than 30% of the mix, shall report the quantitative specifications of each tier 3-chemicals, with an indication of the individual import or export countries.

§ 19. Information in accordance with sections 17 and 18 of the activities carried out during the preceding year shall be transmitted to the Danish enterprise and construction authority no later than the 10. March of the following calendar year.

Annual reports of expected activities



§ 20. Companies, such as the forthcoming calendar year expects to produce more than 30 tonnes of a tier 3 chemicals, including as part of a mixture, where list 3 substance at the same time constitute more than 30% of the mix, are obliged to report the following information to the Danish enterprise and construction authority: 1) Name and address of each manufacturing plant and the name of the owner or the company that runs manufacturing plant , as well as the number of plants within the plant.

2) Name on every single factory within the manufacturing plant as well as the name of the owner or the company, which operates the plant.

3) principal place of business for the manufacturing plant or factory specified by Opcw product group code.

4) information about the plant's exact location specified by coordinates.

5) Unique chemical name, common name or trade name, structural formula and CAS number (Chemical Abstracts Service), if one exists.

6) A quantitative specification of each tier 3 chemicals.

(2). Information in accordance with paragraph 1 on expected activities the coming calendar year must be reported to the Danish enterprise and construction authority no later than the 10. October.

(3). Activities planned for the annual reporting of projected activities in the next calendar year, without prejudice to article. paragraph 2, shall be transmitted to the Danish enterprise and construction authority not later than 10 days prior to the commencement of the activity.

DOC



Annual reports of activities performed



§ 21. Undertakings in the previous calendar year, by synthesis has produced more than 200 tons of DOCs per plant, or more than 30 tons per factory of a PSF chemical are required to report the following to the Danish enterprise and construction authority: 1) Name and address of each manufacturing plant and the name of the owner or the company that runs manufacturing plant, as well as the number of plants within the plant.

2) principal place of business of manufacturing plant set up by Opcw product group code.

3) information about the plant's exact location specified by coordinates.

(2). Companies that have produced a synthesis by DOC shall be in addition to the information covered by paragraph 1 to report the company's total production volume in the preceding calendar year shall be distributed on the plant.

(3). Businesses who synthesis has been produced by the PSF-chemicals, see. (1) must report the number of factories in the manufacturing plant, each of which has produced more than 30 tonnes of a PSF chemical with an indication of the total production volume of PSF chemicals distributed at each factory.

(4). Paragraphs 1 to 3 shall not apply to industrial plants, which solely produces explosives or hydrocarbons.

(5). Information in accordance with paragraphs 1 to 3 of performed activities must be reported to the Danish enterprise and construction authority no later than the 10. March of the following calendar year.

Chapter 6 Control § 22. The Danish enterprise and construction authority is entitled to unannounced inspection in enterprises according to the rules in section 6.

§ 23. Control will be implemented partly by suspicion of reporting of false or misleading information, partly by suspicion about concealment of information. Such inspections may also be carried out as random checks.

§ 24. The visit will be followed by a written report which will be submitted to the company no later than 10 days after the verification visit.

Chapter 7 Inspections section 25. International inspectors who are appointed and trained by the OPCW, have the right to carry out inspections of Danish companies, see. Chapter 1.

(2). Inspections may have the character of either routine inspections or challenge inspections.

Routine inspections



section 26. The international inspectors must be approved by the Danish enterprise and construction authority and must be accompanied during the inspection by one or more representatives from the Danish enterprise and construction authority and possibly other relevant Danish authorities.

§ 27. The international inspection teams and the Danish escorts must against proper identification and without a court order have access to: 1) inspect any property, any building or any area within a building, 2) view relevant data bases, documents and acts, 3) interviewing FA staff, 4) take photographs, 5) let the freight traffic from the company stop and check 6) collect and analyze samples on site and to bring and use measuring tools and other technical equipment for the collection and recording of information , 7) leave measuring instruments and other material on the site for inspection, and 8) obtain any other information relevant to the inspection.

section 28. The company must provide all relevant facilities for the inspection team such as communication means, Office space and equipment. The company must assist in its use, to the extent requested by the inspection team.

(2). The company's employees to assist in the implementation of the inspection to the extent requested by the inspection team.

section 29. Representatives of the company must know the inspection team's arrival, and before the commencement of the inspection, notify the inspection team by means of maps and other documentation about the company, its activities, security measures, as well as administrative and logistical measures, that are necessary for the inspection.

(2). The time used for orientation, should be restricted to the minimum necessary and shall under no circumstances exceed 3 hours.

section 30. The inspection team will conduct inspections on the company in the least intrusive manner consistent with the effective and timely implementation of the inspection.

(2). The inspection team shall avoid unnecessarily to impede or slow the operation of a facility and avoid affecting its security.

section 31. The inspection team shall take into account the proposals made by the representatives of the Danish enterprise and construction authority may issue at any time during the inspections in order to ensure that equipment or information of a sensitive nature, not related to chemical weapons shall be protected.

(2). The company can through representatives of the Danish enterprise and construction authority do the inspection team that it is of the opinion that the inspection is passed outside the Convention framework.

section 32. Representatives of the Danish authorities or representatives of the company to be on the inspection team's request, take samples in the presence of inspectors.

(2). It can be agreed with representatives of the Danish enterprise and construction authority or company that the inspection team itself can take tests.

section 33. The inspection team has, where possible, the right to carry out analysis of samples at the company by using approved equipment, as it has brought.

(2). On the inspection team's request to representatives of the company provide assistance for the analysis of samples on the spot.


(3). Alternatively, the inspection team request that proper analysis is carried out in its before representatives of the company.

§ 34. The Danish enterprise and construction authority and the company has the right to retain a share of all samples or take an extra set of samples and be present when samples are analysed on-site.

section 35. The inspection team may, if it deems it necessary, transfer samples for analysis outside the inspection site at laboratories designated by the OPCW.

(2). The Director-General of OPCW has primary responsibility for the security, integrity and safekeeping of the trials and to ensure that the confidentiality of samples protected.

(3). They transferred the samples shall be analysed in at least two laboratories, which the OPCW has designated.

§ 36. The company has the right to take measures to protect sensitive installations and prevent disclosure of confidential information and data not covered by the Declaration commitments. Such measures can, inter alia, consist of: 1) remove sensitive papers from office space, 2) covering the displays, stores and equipment of sensitive nature, 3) covering the sensitive parts such as computer or electronic systems and 4) turn off the connection to computer systems.

section 37. Representatives of the company shall be entitled to attend all the inspection.

section 38. At the end of the inspection the inspection team shall meet with representatives of the Danish enterprise and construction authority and a representative of the company to review the inspection team's preliminary results and to clarify any ambiguities.

(2). The inspection team shall provide the representatives of the Danish enterprise and construction authority its preliminary findings in written form, together with a list of all samples and copy of the material to be removed from the company.

(3). The company has the right to get a receipt on the material that is removed from the company.

§ 39. No later than 10 days after the inspection, the inspectors shall prepare a factual and final report on the inspections carried out and the results thereof. In the report shall be transmitted to the Director-general of the Opcw, submitted to it for the Danish enterprise and construction authority, which is obtained with any comments.

(2). The company has the right to get the report presented by the Danish enterprise and construction authority in order to be able to submit comments to the Danish enterprise and construction authority.

Challenge inspections



§ 40. For challenge inspections inspection procedures are the same as for routine inspections, see. § § 26-39.

§ 41. The Danish enterprise and construction authority has the right to take measures to protect sensitive installations and prevent disclosure of confidential information and data not related to chemical weapons.

§ 42. For challenge inspections shall apply in addition to the provisions of article IX of the Convention paragraph 8 and the Verification Annex, part X.

Chapter 8 contracts § 43. For companies that manufacture list 1-chemicals, must be between the Danish enterprise and construction authority and the OPCW concluded a fixed agreement.

(2). For establishments producing, processing or using list 2-chemicals to be entered into a construction agreement of the company, unless the Danish enterprise and construction authority and the OPCW will agree that it is not necessary.

(3). For companies that manufacture list 3-chemicals and DOC and PSF-chemicals, should there not be a fixed agreement, unless the Danish enterprise and construction authority asks the OPCW thereof.

(4). Representatives of the inspected facility shall provide the Danish enterprise and construction authority with relevant information in the context of the negotiations on fixed agreement for the installation and, where appropriate, participate in the negotiations.

Chapter 9 Criminal provisions of section 44. Violation of section 4, section 5, paragraph 1, article 6, paragraph 1, article 8, paragraph 1, section 9, paragraph 1, §§ 10-11, section 12, paragraphs 1 and 3, article 13, paragraphs 1-2, section 14, paragraph 1, § 15, § 16, paragraphs. 1-2 and 4-5, sections 17-20, section 21, paragraphs 1-3 and paragraph 5, §§ 28-29, section 32 (1) and section 43, paragraph 4, be punished by a fine.

(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

§ 45. The notice shall enter into force on the 11. November 2011.

(2). At the same time repealed Executive Order No. 235 by 30. March 2004 on transfers, declarations, inspections and checks in accordance with the United Nations Convention on the prohibition of chemical weapons.

The Danish enterprise and construction authority, the 4. November 2011 Finn Lauritzen/Stig Uffe Pedersen



Annex 1 lists the chemicals, DOC and PSF-chemicals List 1-chemicals:



A. Toxic chemicals



1. O-Alkyl (≤ C10, including cycloalkyl) alkyl (Me, Et, n-Pr or i-Pr)-phosphonofluoridates

URf.eks. Sarin: O-Isopropylmethylphosphonfluoridat (107-44-8)

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

2. O-Alkyl (≤ C10, including cycloalkyl) N, N-dialkyl (Me, Et, n-Pr or i-Pr)-phosphoramidocyanidater

URf.eks. Tabun: O-Ethyl N, N-dimethyl-phosphoramidocyanidat (77-81-6)

3. O-Alkyl (H or ≤ C10, including cycloalkyl) S-2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethylalkyl (Me, Et, n-Pr or i-Pr)-phosphonthioater

and corresponding alkylated or protonated salts.

URf.eks. VX:

O-Ethyl S-[2-(diisopropylamino) ethyl] methylphosphonthioat (50782-69-9)

4. Sulphur mustards:

2-Chlorethylchlormethylsulfid (2625-76-5)

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

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

Sesquisennepsgas: 1.2-Bis (2-chlorethylthio) ethane (3563-36-8)

1.3-Bis (2-chlorethylthio)-n-propane (63905-10-2)

1.4-Bis (2-chlorethylthio)-n-butane (142868-93-7)

1.5-Bis (2-chlorethylthio)-n-pentane (142868-94-8)

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

O-mustard gas: Bis (2-chlorethylthioethyl) ether (63918-89-8)

5. Lewisiter:

Lewisit 1:2-chlorvinyldichlorarsin (541-25-3)

Lewisit 2: Bis (2-chlorvinyl) chlorarsin (40334-69-8)

Lewisit 3: Tris (2-chlorvinyl) arsin (40334-70-1)

6. Nitrogen mustards:

HN1: Bis (2-chlorethyl) ethylamin (538-07-8)

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

HN3: Tris (2-chlorethyl) Amine (555-77-1)

7. Saxitoxin (35523-89-8)

8. Ricin (9009-86-3) b. precursors

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

URf.eks. DF: Methylphosphonyldifluorid (676-99-3)

10. O-Alkyl (H or ≤ C10, including cycloalkyl) O-2-dialkyl

(Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (Me, Et, n-Pr or i-Pr)-phosphoniter and corresponding alkylated or protonated salts

URf.eks. QL: O-Ethyl O-2-diisopropylaminoethyl-methylphosphonit (57856-11-8)

11. Chlorsarin: O-Isopropylmethylphosphonchloridat (1445-76-7)

12. Chlorsoman: O-Pinacolylmethylphosphonchloridat (7040-57-5) List 2-chemicals:



A. Toxic chemicals

1. Amiton: O, O-Diethyl S-[2-(diethylamino) ethyl] phosphorothioat (78-53-5)

and corresponding alkylated or protonated salts

2. PFIB: 1, 1, 3, 3, 3-Pentafluor-2-(trifluormethyl)-1-propene (382-21-8)

3. BZ: 3-Quinuclidinylbenzilat (*) (6581-06-2) b. precursors

4. Chemicals other than those specified in list 1, containing one phosphoratom for the which bound one methyl, ethyl or propyl (normal or iso) group but not more carbon atoms,

URf.eks. Methylphosphonyldichlorid (676-97-1) and Dimethylmethylphosphonat (756-79-6)

Exemption: Fonofos: O-Ethyl S-phenylethylphosphondithionat (944-22-9)

5. N, N-Dialkyl (Me, Et, n-Pr or i-Pr)-phosphoramiddihalider

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

7. Arsentrichlorid (7784-34-1)

8.2.2-Biphenyl-2-hydroxyeddikesyre (76-93-7)

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

10. N, N-Dialkyl (Me, Et, n-Pr or i-Pr)-aminoethyl-2-chlorides and corresponding protonated salts

11. N, N-Dialkyl (Me, Et, n-Pr or i-Pr)-aminoethan-2-oler and corresponding protonated salts.

Exceptions: N, N-Dimethylaminoethanol (108-01-0) and corresponding

protonated salts as well as

N, N-Diethylaminoethanol (100-37-8) and corresponding protonated salts

12. N, N-Dialkyl (Me, Et, n-Pr or i-Pr)-aminoethan-2-thiol

and corresponding protonated salts

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

14. Pinacolylalkohol: 3.3-Dimethylbutan-2-ol (464-07-3) tier 3-chemicals:



A. Toxic chemicals

1. Carbonyldichlorid (Phosgen) (75-44-5)

2. Cyanogen (506-77-4)

3. Hydrogen cyanide (74-90-8)

4./Nitrochloroform (Trichlornitromethan) (76-06-2)



B. Starting Substances

5. Phosphoroxychlorid (10025-87-3)

6. Phosphortrichlorid (7719-12-2)

7. Phosphorus pentachloride (10026-13-8)

8. Trimethylphosphit (121-45-9)

9. Triethylphosphit (122-52-1)

10. Dimethylphosphit (868-85-9)

11. Diethylphosphit (762-04-9)

12. Svovlmonochlorid (10025-67-9)

13. Svovldichlorid (10545-99-0)

14. Thionylchlorid (7719-09-7)

15. Ethyldiethanolamin (139-87-7)

16. Methyldiethanolamin (105-59-9)

17. Triethanolamine (102-71-6)

DOC and PSF-chemicals:



The Convention also includes ulistede (well-defined) discrete organic chemicals (DOC) Inc. the chemicals containing phosphorus, sulfur or Fluorine (PSF). These doc's are produced mainly by companies manufacturing petrochemicals, pharmaceuticals and plant protection products.



Annex 2 Requirements for approval of a single production limited works or other installations, see. Verification Annex, part VI of the Convention.

A. Single limited production plant

1. Any participating State which manufactures list 1 chemicals for research, medical, pharmaceutical or protective purposes will have to do this in a single limited production facilities approved by the participating State, except those in paragraphs 10, 11 and 12 of the stated case.


2. The manufacture of a single production limited works must be carried out in reaction vessels, included in the production lines, which are not designed for continuous operation. Such a reaction container volume must not exceed 100 litres, and the total volume of all reactors with a capacity of more than 5 litres shall be not more than 500 litres.

3. Any participating State, who plans to drive a single limited production facilities, must inform the technical secretariat of the installation's exact location and present a detailed technical description of the facility, including an inventory of equipment and detailed schematic drawings.

B. other installations

1. preparation of list 1-chemicals in aggregate quantities not exceeding 10 kg. per year, can take place for protective purposes in one facility outside the individual production limited works. This system shall be approved by the participating State.

2. preparation of list 1-chemicals in quantities of more than 100 g per year can find place for research, medical or pharmaceutical purposes outside of the individual production limited works in aggregate quantities not exceeding 10 kg. per year per facility. These plants must be approved by the participating State.



Annex 3 States that have not joined C-weapons Convention per 11. November 2011

1) Angola

2) Egypt

3) Israel

4) Myanmar/Burma

5) north korea

6) Somalia

7) Syria



For an update of this list refer to the OPCW ´ s website: www.opcw.org.

Official notes 1) the Convention is published in the Official Gazette C as nr. 139 of 2. November 1995.