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The Law On Chemical Weapons Development, Production, Stockpiling And The Use Of The Convention On The Prohibition Of Mines And On Their Destruction On The Approval And Application Of Certain Provisions Of The

Original Language Title: Laki kemiallisten aseiden kehittämisen, tuotannon, varastoinnin ja käytön kieltämistä sekä niiden hävittämistä koskevan yleissopimuksen eräiden määräysten hyväksymisestä ja sen soveltamisesta

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Act concerning the adoption and application of certain provisions of the Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament, which has been adopted in the manner provided for in Article 69 (1) of the Statutes:

ARTICLE 1
Enforce of the Convention

In Paris, on 13 January 1993, the provisions of the Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and their destruction are, if they fall within the scope of the legislation, in force Agreed.

ARTICLE 2 (29.10.2010)
Authorities

The supreme executive authority of the Convention, which is the highest authority in the application and monitoring of the Convention, is the Ministry of Foreign Affairs in Finland.

Institute of Chemical Weapons Convention (VERIFIN) operating in the framework of the University of Helsinki (hereinafter referred to as 'VERIFIN'), Institute , acting under the guidance of the Ministry of Foreign Affairs, as a national authority within the meaning of Article VII of the Convention, to cooperate with the OPCW and other States Parties. The Institute shall provide expert assistance to the Ministry of Foreign Affairs in respect of compliance and implementation of the provisions of the Convention and shall ensure the implementation of certain provisions of the Convention in Finland as provided for in this Act.

More detailed provisions on the content of the tasks set out in this law in relation to the Institute's Convention and their implementation may be adopted by a Council Regulation. Under its rules and rules of procedure, the Institute's management, the economy and possible other tasks shall be governed by the role of the Institute as a national authority.

The Institute shall have a Steering Board which will guide and supervise its activities. The Board shall be composed of eight members. Three of the members are appointed by the Ministry of Foreign Affairs, three Rector of the University of Helsinki and one in defence. In addition, the Institute's staff selects one member from among their number. The Board's term of office shall be four years. The Ministry of Foreign Affairs shall elect the Chairperson of the Management Board and the Vice-President.

The Institute shall decide on the guidelines for the use of appropriations and shall approve the Institute's operational and operational plans as well as operational and financial reports.

The export control required by the Convention is carried out by the Ministry of Foreign Affairs. On the export of military equipment (24/02/2012) However, the Ministry of Defence is responsible for the tasks covered. (08.06.2012)

The Agency shall act as a licensing authority within the meaning of Article 4.

ARTICLE 3
Exchange of information between authorities

By virtue of this law, the authority carrying out the supervision shall, notwithstanding the provisions of confidentiality, have the right to obtain from other authorities the information necessary for monitoring under the Convention or of this Act.

Notwithstanding the provisions of confidentiality, the authorities referred to in Article 2 shall, without prejudice to the provisions of this Act, communicate to the national authorities referred to in Article VII of the Convention And to the Organisation referred to in Article VIII of the Convention.

§ 3a (29.10.2010)
Definition of operator

For the purpose of this Law Operator Chemical sa (19/04/1989) The operator concerned.

§ 4 (13.4.2007)
Certified activities

The production, purchase, storage and use of chemicals and precursors listed in List 1 of the Convention, where the total number of chemicals contained in the list per operator and per installation is more than 100 grams per year are allowed in Finland only with the permission of the Agency for the Safety and Development of the Medicinal Products. The import and supply of chemicals and precurts listed in List 1 to the territory of Finland, irrespective of the quantity, shall be permitted only with the authorisation of the Agency for the Safety and Development of the Medicinal Products. However, no authorisation shall be required from the Institute or the Department of Defence Research. (28/03/515)

The application for authorisation shall be accompanied by a report on the quantity and use of the substances listed in Annex 1 to the Convention and the general information on the installation in which they are produced, stored or used. The application must be submitted no later than 45 days before the date of authorisation. More detailed provisions on the content of the application for authorisation and the report accompanying it may be adopted by a Council Regulation.

§ 4a (16/10/2009)
Conditions for granting authorisation and authorisation decision

The Agency for the Safety and Development of Medicinal Products shall authorise the production, purchase, storage, use, import or supply of chemicals or starting materials listed in List 1 of the chemical device if:

(1) the authorisation is sought for research, medical or pharmaceutical purposes, or for protection purposes, and the application for authorisation provides reasonable assurance that the substance does not end up for other purposes;

(2) the species and quantity of the substance is strictly limited to what is justified for those purposes;

(3) the treatment of a substance does not endanger the safety of humans or the environment;

(4) the aggregate quantity of the substance in Finland does not exceed one tonne after the authorisation was granted; and

(5) The total quantity of the substance imported in Finland and imported into Finland after the authorisation was granted does not exceed 1 tonne in the year of authorisation.

The Agency shall submit an application for authorisation to the Institute, which shall issue an expert opinion on whether the conditions for authorisation are fulfilled. (29.10.2010)

The decision to grant an authorisation shall be taken without delay, but not later than 14 days after the Agency's opinion and a sufficient explanation for the authorisation of the Institute have been received by the Agency. (29.10.2010)

The Agency may attach conditions to the authorisation if necessary to ensure the lawful and safe use of the chemical or the starting material. The Agency shall inform the applicant of the grounds on which the authorisation has been attached to the conditions and the measures to be taken. The attached conditions may be amended if incorrect information has been provided in the application for authorisation, or if new information on the use of the substance is obtained after the authorisation has been granted.

The Agency may withdraw the authorisation if the operator has provided material incorrect information in its application for authorisation, or has committed serious infringements or omissions in the activities referred to in the authorisation, And the comments and warnings given to the operator have not led to the restoration of the state of affairs.

§ 4b (29.10.2010)
Notification obligation

The operator shall inform the Institute if it produces, acquires, preserves and uses the chemicals and starting materials mentioned in list 1, irrespective of the total number of chemicals contained in List 1 per year. The notification shall be made by the end of January following each calendar year.

By the end of January each year, the operator shall communicate the following information to the Institute for the preceding calendar year:

(1) the volume of the production, processing, consumption, exports and imports of the chemical listed in List 2 of the Convention;

(2) the quantities of the chemical production, export and import of the chemical listed in List 3 of the Convention.

Where the operator has produced a total of more than 200 tonnes of separate organic chemicals or more than 30 tonnes of phosphorus, sulphur or fluorine, as specified in the Annex to the Convention during the calendar year, The chemical, he shall inform the Institute by the end of the calendar year following the end of the calendar year.

By 15 September each year, the operator shall inform the Institute of the following calendar year:

(1) estimated quantities of the production, processing and consumption of the chemical listed in List 1 or 2 of the chemical device of the Convention;

(2) the estimated quantities of the chemical in List 3 of the Convention's chemical device.

The content of notifications to the Institute and the report accompanying them may be laid down by a decree of the Council.

Article 4c (29.10.2010)
Obligation to report

The operator shall provide the Institute with the other information necessary to monitor compliance with the obligations set out in the Convention. The Institute shall request the information referred to in this Article in writing, set a reasonable time limit for the provision of information and shall indicate in its request the basis of the Convention's order.

§ 5
Inspection and control rights

For the purpose of carrying out checks under Articles VI and IX of the Convention by the Ministry of Foreign Affairs and the Institute referred to in Article 2 (2) and, in the presence of a representative of the Ministry of Foreign Affairs, the inspectors of the OPCW, and The observer referred to in Article IX (12) of the Convention shall be entitled under the Convention:

(1) enter such an area or a building, factory or other facility that can be inspected in accordance with the Convention;

(2) stop and check freight traffic to and from the inspected destination;

(3) obtain or take samples, as well as photographs or other images of the object of the inspection;

(4) to import measuring instruments or other technical equipment necessary for the acquisition or registration of the data subject to be checked, and to use such equipment;

(5) obtain the necessary information from the operator of the inspected object or to the carrying out of his/her inspection.

(29.10.2010)

The Ministry of Foreign Affairs shall have the right to carry out a verification of compliance with the Convention in the area referred to in paragraph 1. The inspection shall be valid as provided for in paragraph 1.

Before submitting an inspection, the operator shall be given an opportunity to be heard if it is possible without compromising the objectives of the inspection or without infringing the inspection obligations under the Convention.

However, the inspection shall not be carried out in the premises used for permanent housing. (29.10.2010)

The Institute shall carry out safety reports on the inspection staff of the Organisation for the Prohibition of Chemical Weapons, approve the checks proposed by the OPCW in Finland, acting as a representative of the Ministry of Foreign Affairs During inspections pursuant to Article VI of the Convention and, in addition to a representative of the Ministry of Foreign Affairs, present during the inspections under Article IX, and, where appropriate, present to the Ministry of Foreign Affairs an inspection in the event of: The failure to comply with the Convention. (29.10.2010)

If the Institute considers that it cannot accept the audit staff or the safety report proposed by the OPCW, it shall refer the matter to the Ministry of Foreign Affairs. Safety clearance under the Security Clearing Act (26/2014) . (19/04/2013)

ARTICLE 6 (21.12.2010)
Official assistance

Police, chemical weapon. (19/04/1989) , the Authority, the Safety and Chemicals Agency and the Customs and Border Guard shall be obliged to provide official assistance with respect to compliance with this law and the provisions adopted pursuant to it. Control and enforcement.

§ 7 (13.4.2007)

Paragraph 7 has been repealed by L 13.4.2007. .

§ 8 (29.10.2010)
Professional secrecy

Confidential information obtained from the OPCW shall not be disclosed or used in contravention of the Convention. In addition to what the law on public authorities' activities (18/09/1999) , the information received by the authorities designated by the authorities referred to in Article 2 against the Organisation for the prohibition of chemical weapons shall be confidential and the information may not be disclosed or used in contravention of the Convention.

§ 9 (14.3.1997/347)
Penalties

Penalty for violation of the chemical weapon ban Chapter 11 of the criminal code Article 7a.

Penalty for breach of the obligation of professional secrecy laid down in Article 8 Chapter 38 of the Criminal Code 1 or 2, if the act is not punishable Article 5 of Chapter 40 of the Penal Code Or otherwise, the law provides for a heavier penalty.

ARTICLE 10 (13.4.2007)
Imports and exports of chemicals

Chemicals and starting materials listed in List 1 or 2 of the Convention on the chemical of the Convention shall not be imported from non-Contracting States. However, this prohibition shall not apply to samples to be received by the Institute or the Ministry of Defence in advance, after consultation with the Ministry of Foreign Affairs, for the purpose of studies relating to the verification of chemicals covered by the Convention. Chemicals listed in List 1 of the chemical device shall not be exported or supplied to non-contracting States. Chemicals and precurts listed in List 2 of the chemical device shall not be exported or supplied to non-Contracting Parties except in the Act on the export control of dual-use items (562/1996) And the exceptions provided for in Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual use items. (28/03/515)

Chemicals and precurts listed in List 1 chemical substances of the Convention may be exported from the European Union to another Member State of the European Union only for research, medical or pharmaceutical purposes Or for protection purposes by means of an export licence issued by the Ministry of Defence. However, the export and supply of raisin and saxitoxin shall be subject to an export authorisation issued by the Ministry of Foreign Affairs. The application for export authorisation and export authorisation must be submitted no later than 45 days before the intended date of export or delivery. (29.10.2010)

The export and Community supply of chemicals and precurts listed in List 2 or 3 of the Convention shall be authorised only with the permission of the European Union or the Ministry of Foreign Affairs. In the case of mixtures of mixtures, consumables and packaging for personal sales, the exporter shall, in respect of mixtures of mixtures of non-chemical weapons, consumer packaging and packaging for personal sales, present: An entry certificate issued by the host State to the Ministry of Foreign Affairs when exported to the Ministry of Foreign Affairs on the list of chemicals and precurts listed in List 3 of the Convention, outside the territory of the Contracting Parties.

The authorisation procedure and the related monitoring shall apply mutatis mutandis to the law on the export and transit of military equipment and the law on the export control of dual-use items.

ARTICLE 11 (29.10.2010)
Control authority prohibitions and orders

If the operator is in breach of Article 4, the Ministry of Foreign Affairs or the relevant supervisory authority, but not the Institute referred to in Article 2 (2), may prohibit the operator from continuing the anti-regulatory procedure; or Order the operator, otherwise fulfil the obligations laid down in the provisions.

ARTICLE 12 (22.12.2009)
Periodic penalty payment

The Authority may intensify its prohibition or provision in accordance with Article 11. The amount of the periodic penalty payment is to be paid by the Agency.

ARTICLE 13 (13.4.2007)

§ 13 has been repealed by L 13.4.2007. .

ARTICLE 14
Entry into force

This Act shall enter into force at the time laid down by the Regulation. Before the entry into force of the law, measures may be taken to implement it.

THEY 247/1994 , UAVM 12/1994

Entry into force and application of amending acts:

14.3.1997/347:

This Act shall enter into force at the time laid down by the Regulation. (In accordance with the entry into force of Act 348/1997 of 21.4.1997.)

THEY 243/1996 , LaVM 1/1997, EV 4/1997

21.05.1999/623:

This Act shall enter into force on 1 December 1999.

30/1998 , Case 31/1998, EV 303/1998

13.04.2007/485:

This Act shall enter into force on 30 April 2007.

THEY 184/2006 , UaVM 17/2006, EV 290/2006

16.10.2009/793:

This Act shall enter into force on 1 November 2009.

Before the law enters into force, measures may be taken to implement the law.

THEY 166/2009 , StVM 28/2009, EV 122/2009

22.12.2009/1384:

This Act shall enter into force on 1 January 2010.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 161/2009 , HVM 18/2009, EV 205/2009

29.10.2010/902:

This Act shall enter into force on 3 November 2010.

THEY 96/2010 , VaVM 4/2010, EV 130/2010

21.12.2010/1278:

This Act shall enter into force on 1 January 2011.

THEY 173/2010 , TaVM 27/2010, EV 200/2010

8 JUNE 2012/287:

This Act shall enter into force on 30 June 2012.

THEY 93/2011 , PuVM 3/2012, EV 29/2012, Directive 2009 /43/EC of the European Parliament and of the Council (32009L0043); OJ No L 146, 10.6.2009, p.1-36

28.6.2013/5:

This Act shall enter into force on 1 January 2014.

THEY 8/2013 , PuVM 2/2013, EV 79/2013

19.09.2014/47:

This Act shall enter into force on 1 January 2015.

THEY 57/2013 , HVM 16/2014, EV 79/2014