The Chemical Weapons Convention Implementation Ordinance

Original Language Title: Ausführungsverordnung zum Chemiewaffenübereinkommen

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Read the untranslated law here: http://www.gesetze-im-internet.de/cw_v/BJNR179400996.html

Regulations to the chemical weapons Convention (CWÜV) CWÜV Ausfertigung date: 20.11.1996 full quotation: "regulations to the chemical weapons Convention of 20 November 1996 (BGBl. I p. 1794), most recently by article 1 of the Decree of 5 July 2011 (BGBl. I p. 1349) has been changed" stand: last amended by art. 1 V v. 5.7.2011 I 1349 for details on the stand number found in the menu see remarks footnote (+++ text detection from: 27.11.1996 +++) §§ 1 , 2 para 1 No. 2 and 3, article 12 are gem. § 15 of this V No. 3 and § 13 and § 21 para 2 of the law of execution to the chemical weapons Convention (CWÜAG) in conjunction with section I BEK. v. 4.11.1996 II 2618 mWv 29.4.1997 entered into force input formula on the basis of § 2 para 1 and 3, and article 3 of the Act of execution to the chemical weapons Convention of August 2, 1994 (BGBl. I S. 1954) the Federal Government enacted: § 1 bans on chemicals of the list is 1 it banned 1 chemicals 1 a of the list set out in annex 1 to this Regulation) to introduce in a non-Contracting State , run b) in a non-Contracting State, c) run in a third State, if they already have been introduced from another Contracting State, d) they perform when the origin, origin, destination or another transit country is a non-Contracting State, or e) appropriate actions after the letter a to d as a German abroad to make, to build 2nd in Germany or a German in foreign institutions , are intended for the production of Schedule 1 chemicals and their production capacity for these chemicals is at least a ton per year, producing Schedule 1 chemicals 3 as a German in a non-Contracting State, to process, to trade with them, sell them, to consume, to acquire, to another or otherwise exercise actual violence over it.

§ 1a bans on chemicals of the list 2 is prohibited, 1 from a non-Contracting State to introduce chemicals of listed in annex 1 to this regulation, of the list 2, run 2 in a non-Contracting State or to make 3 as German appropriate actions after the number 1 or 2 in a foreign country.

§ 2 permit reservations (1) a permit who 1 need facilities, intended for the production of Schedule 1 chemicals, a) built, b) operates or c) significantly changes 2. chemicals of list, 1 a) produces, b) processed, with them trade drives, sold it, consumed, purchases, others leaves one or otherwise exercises actual power over them or c) a -, off -, or performing , 3. chemicals in the list set out in annex 1 to this regulation 3 in a non-Contracting State performs, as far as the plot is not already prohibited by § 1.
(2) a permit referred to in paragraph 1 No. 1 and no. 2 is not required if the production, processing or consumption in a facility serves only medical, pharmaceutical or research purposes for production, processing and consumption referred to in paragraph 1 letter a and b and the total amounts to less than 100 grams per establishment in the year; in this case, the respective activities of the authority are to show until February 1st of each calendar year for the previous calendar year. A permit is not needed who is acting under the supervision or as employees of another; in these cases, only the other requires approval. For the carriage of chemicals of Schedule 1 requires no approval pursuant to paragraph 1 No. 2 letter b. (3) off who on chemicals subject to authorisation, or performs, has to report it to the Customs authorities by presenting this approval laid down in the authorisation and to demonstrate on request.

§ 3 is for the approval of (1) without prejudice to other legal provisions to grant approval if it is ensured that by the completion of the approved Act the obligations are not violated the Federal Republic of Germany in the Convention according to article 2, paragraph 1.
(2) the granting of approval can be made dependent on factual and personal requirements, in particular the reliability of the applicant.
(3) an export permit may only be issued if an official certificate of the country of destination is submitted, contains information about the purpose, type and quantity of chemicals, the final beneficiaries and the assurance of final destination in the country of destination.
(4) the authorisation can be content is limited, with incidental provisions and declared to be transferable.
(5) the provisions of the regulation on foreign trade on find request, return and retention of permit notification application.

Section 4 reporting requirements in production, processing and consumption (1) who operates a plant, 1 produced more than 200 tons of certain organic chemicals within the meaning of part I no. 4 of annex 2 to the Convention year, 2nd in the at least one operating more than 30 tonnes of PSF chemicals within the meaning of part IX paragraph 1 point (b) of annex 2 to the Convention in the year produced , 3 in which at least a farm produces more than 30 tons of a chemical from the list in 3 or is expected to produce in the following calendar year is, 4 in which at least an operation more than one kilogram of a chemical from the list 2 No. 3 No. 1 or 2, or a ton of a chemical from the list of 2 No. 4 to 14 year produced 100 kilograms of a list 2 chemical, , processed or consumed, or in the following calendar year is expected to produce, process, or consume or 5 that produced more than 100 grams of chemicals of the list 1 year or is expected to produce in the following calendar year, is required to messages in accordance with articles 5, 7 and 8.
(2) exempt from the reporting obligation pursuant to paragraph 1 Nos. 1 and 2, who operates a plant that produces only the explosives referred to in annex 2 to this regulation or chemicals in the reference period, consisting only of carbon and hydrogen.

§ 5 logon types and specifications (1) the messages according to § 4 are new for the current calendar year, annual reports for the calendar year, annual forward messages for the following calendar year or change messages deviations compared to the new or year advance warning. Annual reports shall be in all cases of § 4 para 1, Neu, year ahead of and change messages contain the following information about the plant No. 3 to 5 (2) that message must be in the cases of § 4 para 1: 1 name and address of the work, 2 name of the operator, 3. in the case of § 4 para 1 No. 2 providing, whether at least one operation has produced more than 200 tons of a PSF chemical , 4. in the case of § 4 para 1 No. 3 providing, whether the work of more than 200 tonnes one pursuant to paragraph 4 has produced no. 3 reportable chemicals of list 3 or is expected to produce 5. in the case of § 4 para 1 No. 4 providing, whether at least a operating more than 10 kg of a chemical from the list of 2 No. 3 , a ton of a chemical of list 2 has produced no. 1 or 2 or 10 tonnes of a chemical from the list of 2 No. 4-14, processed or consumed or expected to produce, process or consume, 6 in the cases of § 4 para 1 No. 3 and 4 the number of all holdings, a notification trigger, in the case of § 4 para 1 No. 1 the approximate , in the case of § 4 para 1 No. 2 the exact number of holdings, which have produced the each designated chemicals, 7 in the cases of § 4 para 1 No. 1 and 2 the main activities of the plant, 8 in the case of § 4 para 1 No. 5 over the entire area that is significant for the production of Schedule 1 chemicals , a) for the year advance warning the expected changes from the last submitted technical description and the expected changes in the purpose of the provision, b) for financial statements reporting the changes made to the most recently presented technical description and changes the purpose of the provision.
(3) the message has the following information about every 3 and 4 known operations contained in § 4 para 1 No.: 1. name and location within the plant including the building or structure, 2 name of the operator, 3. main activities of the company, 4. in the case of § 4 para 1 No. 4 in addition a) more details on the nature of the operation in accordance with part VII para 7 point d of the annex 2 to the Convention , b) the production capacity for each chemical of the list 2 of each the called no. 4 threshold is exceeded in § 4 para 1 or expected to be exceeded.
(4) the message must include following information in section 4, paragraph 1 designated chemicals: 1. in the case of § 4 para 1 No. 1, the total amount of produced by the plant specific organic chemicals in the sizes 200 to under 1,000 tonnes, 1,000 to 10,000 tonnes and over 10,000 tons, 2. in the case of § 4 para 1 No. 2 produced the total quantity of each operating PSF chemicals in the sizes 30 to under 200 tons , 200 to under 1,000 tonnes, 1,000 to 10,000 tonnes and over 10,000 tons, 3. in the case of § 4 para 1 No. 3 separately for each chemical of list 3 of each of there called threshold is exceeded, a) the chemical name, the habitual or customary names used in the facility, structural formula and - if assigned - the CAS number, b) applications , to which the chemical was produced or is to be, c)
the amount of factory-produced or expected to be produced in the sizes 30 to 200 tonnes, 200 to 1,000 tonnes, 1,000 to under 10,000 tons, 10,000 to 100,000 tons and over 100,000 tons, 4. in the case of § 4 para 1 No. 4 separately for each chemical of list 2, where each of the there called threshold is exceeded, a) the chemical name , the habitual or customary names used in the facility, structural formula and - if associated - the CAS number, b) the exact purposes within the meaning of part VII of paragraph 8 was letter e of the annex 2 to the Convention, which manufactures the chemical, and consumed or to be under a more accurate indication of product groups, c) by the work produced for the annual message, processed , consumed, a - and running set, d) for the new year ahead of, notification of change which the factory expected to needed expected to be produced, processed and consumed amount as well as the production, processing and consumption periods, 5. in the case of § 4 para 1 No. 5 separately for each chemical of the list 1 a) the chemical name, structural formula and - if associated - CAS number, b) for the year-end message aa) the amount produced and consumed, as well as the purpose of consumption , bb) cc for each case of the Überlassens of actual violence in the domestic amount, purpose and name and address of the consignee,) dd the highest in over a year and the amount of stored on the last day of the year) in the case of production for protective purposes, the applied procedures, ee) the amount of chemical name and - if assigned - CAS number of each intermediate used in the production of lists 1-3 , c) for the new year ahead of and change message that factory is expected to produced quantity, the periods of time likely to be needed to the production as well as the purpose of production.

§ 6 reporting requirements for import and export (1) who 1 more than one ton of a chemical of list 3, 100 kg of a chemical from the list of 2 No. 1 or 2 or 100 grams of a chemical from the list of 2 No. 3 a year or 2. No. 4 to 14, 10 kilograms of a chemical of list 2 of Schedule 1 chemicals on or runs , undertakes to messages in accordance with paragraph 2 and of paragraphs 7 and 8.
(2) the message must be for each chemical separately 1 the chemical name, common or usual name, structural formula and - if associated - the CAS number, 2. the name of the single - or exporter, 3. information about that in the past calendar year per country of origin or destination a - or executed amount, specifying the countries involved, 4. for each case of the import or export of chemicals of Schedule 1 in beyond date , Amount, purpose and name and address of the supplier or recipient contain.

Section 7 further reporting obligations (1) are the annual financial statements and the messages according to § 6 to refund until February 1 of a new calendar year.
(2) the annual advance reports are no. 5 to September 1 in the case of § 4 para 1 in the cases of § 4 para 1 of the calendar year, new and change messages no later than 20 days prior to commencement of the reportable activity to reimburse Nos. 3 and 4 to September 15.
(3) in the case of the messages after the sections 5 and 6 following units are to use: 1. when chemicals of list 1 gram, 2. chemicals of lists 2 and 3 tons.
It is on the third place to round. The sentences 1 and 2 shall not apply for the messages to be no. 3 in magnitude according to § 5 ABS. 4.

§ 8 formalities (1) applications for a permit pursuant to section 2 and the messages after the sections 4 and 6 are to return by written declaration to the Federal Office of Economics and export control (BAFA).
(2) the Federal Office of Economics and export control (BAFA) may require the use of certain forms through publication in the Federal Gazette. It may permit applications and messages in a different way, in particular through electronic data exchange, to leave.

§ 9 exceptions for low concentrations (1) sections 1, 2, 4 and 6 shall not apply if chemicals of Schedule 1 form accounted for less than 1 per cent of a mixture.
(2) paragraph 1a shall not apply if chemicals 1 list 2 Nos. 1 to 3 share of 1 per cent or less, or 2. the list of 2 No. 4 to 14 a share of 10 per cent or less of a mixture form.
(3) paragraphs 2, 4 and 6 shall not apply, if chemicals 1 2 list a number 1 to 3 share of 1 per cent or less, or 2. the list of 2 number 4 to 14 or the list of 3 a share of 30 per cent or less of a mixture form.
(4) sections 1a, 2, and 6 do not apply when chemicals of list 2 or 3 in products as consumables are included, the 1 for sale in the retail sector are packed and are intended for personal use or 2 for individual use are packed.

§ 10 special reporting obligations (1) the reporting obligation is subject to addition, who work operates 1 in at least an operation a list 3 chemical, a 2nd in at least an operation chemical of list 2 or 3 the a chemical of list 1 to January 1, 1946 for use purposes allowed no. 2 of the chemical weapons Convention implementation Act has produced for other than pursuant to section 1. Messages within six months after the article 15 set 2 are to give time for the calendar years from 1946.
(2) the message must contain the following information: 1. from the work of a) information according to § 5 para 2 Nos. 1 and 2, b) in the case of paragraph 1 sentence 1 No. 3 for the entire area, which was significant for the production of a chemical of Schedule 1 for the stated purpose, comprehensive and accurate information within the meaning of part V paragraph 1 of annex 2 to the Convention about site , construction facilities, technical equipment and procedures, production capacity, activities as well as structural and plant engineering measures, 2. through the operation of a) in the cases of paragraph 1 sentence 1 No. 1 and 2 data for § 5 ABS. 3 Nos. 1 to 3, b) in the case of paragraph 1 sentence 1 No. 2 additional information after § 5 ABS. 3 Nr. 4, 3. separately on each in paragraph 1 sentence 1 called a chemical) in the cases of paragraph 1 sentence 1 No. 1 and 2 information on the chemical name, the habitual or customary names used in the facility, structural formula and - if associated - the CAS number, at the beginning and end of each production period, for which in paragraph 1 set 1 purpose mentioned, the amount of output per production period, the place to which the chemical was delivered, and - if known - the there produced end product, b) in the case of paragraph 1 sentence 1 No. 3, comprehensive and accurate information and data on production periods and quantities within the meaning of Part V paragraph 1 of annex 2 to the Convention.
In addition article 7, par. 3 and § 8 shall apply mutatis mutandis.

§ 11 Bundeswehr and other organs of any approval referred to in paragraph 2 shall require the Bundeswehr, the police forces of the Federation and the Customs authorities and other authorities responsible for the maintenance of public security and departments. The registration provisions of this regulation do not apply to the Bundeswehr.

§ 12 is offences any person in the meaning of § 15 para 1 No. 1 of the chemical weapons Convention implementation Act, who intentionally or negligently an activity not, incorrectly, incompletely or not timely 1. contrary to article 2, paragraph 2, sentence 1 indicates a message not, incorrectly, incompletely or not in time is 2. contrary to article 4, paragraph 1, and article 6, paragraph 1 or 3. violates article 2 par. 3 not or not correctly logs on chemicals or presents.

§ 13 offences (1) pursuant to section 16 para 1 No. 2 of the chemical weapons Convention implementation Act will be punished who 1 contrary to a prohibition laid down by article 1 No. 1 a of Schedule 1 chemicals, off or performs or German appropriate actions in foreign makes, 2. contrary to a prohibition pursuant to section 1 No. 2 domestically, or as a German abroad a facility built, 2a.
contrary to § 1a No. 1 or 2 a chemical introduces or running or perform as German appropriate actions abroad.
3. without that pursuant to section 2 para 1 No. 1 letter a permission built a facility or 4. contrary to a prohibition pursuant to section 1 of Schedule 1 chemicals produced German in a non-Contracting State, as processed No. 3, trades with them, sells them, consumes, buys, another leaves or otherwise the actual authority over them exerts.
(2) according to § 16 para 1 No. 3 of the chemical weapons Convention implementation Act will be punished, who 1 without that pursuant to section 2 para 1 No. 1 a facility operates letter of b required approval or 2 without which according to § 2 para 1 No. 2 produces a permission letter of Schedule 1 chemicals.
(3) according to § 16 para 2 of the chemical weapons Convention implementation Act will be punished, who 1 without that pursuant to section 2 para 1 No. 1 requisite authorization a letter c institution substantially changes, 2. without that pursuant to section 2 para 1 No. 2 required approval processed letters b and c of Schedule 1 chemicals, trades with them, they are sold, consumed, purchases, another leaves, otherwise the actual authority over them does or she , off or carries out or 3. without that pursuant to section 2 para 1 No. 3 performs required approval chemicals of list 3 in a non-Contracting State.

§ 14 (dropped out) article 15 entry into force
The § 1, 2 para 1 No. 2 and 3, article 12 No. 3 and § 13 appear on the day in force, on which the Convention pursuant to its article XXI enters into force and which will be announced in accordance with § 21 para 2 of the law of execution to the chemical weapons Convention in the Federal Law Gazette. Moreover this regulation into force on the day after the announcement.

Annex 1 list of chemicals *) site of the original text: BGBl. 1996 I, p. 1799-1801 registration number after the Chemical Abstracts Service (CAS number) list 1 A. toxic chemicals: 1 O-Alkyl ()