Key Benefits:
Law of 8 June 1995, laying down rules for the implementation of the Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on the destruction of such weapons
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In particular, we have taken into consideration that, in view of the fact that Article 12 of the Constitution , it is necessary to lay down rules for the implementation of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on the Destruction of these Weapons;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 The following shall be understood in this Act and the provisions which are based thereon:
a. Treaty: the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on the Destruction of these Weapons Convention, adopted in Paris on 13 January 1993 ( Trb. 1993, 162);
b. substances: chemical elements and their compounds, as they occur in their natural state or in production, including the additives necessary for the preservation of the stability of the product and the impurities as a result of the production process;
c. Toxic substances: substances which, by their physical or chemical inaction on the life processes of humans and animals, can cause death, temporary function damage or permanent damage;
d. precursors: chemical reagents involved in any step in the production of a toxic substance, regardless of the method of production, including the principal constituents of chemical systems containing binary or several components;
e. Chemical weapons:
1. toxic substances and their precursors, which are not intended for purposes authorized under the Convention, unless they are quantities which are not in conformity with those purposes;
2. ammunition and other inserts, designed to cause death or other damage due to toxic properties of toxic substances, which may be released as a result of the use of such ammunition and other uses;
3. Equipment designed for use directly related to the use of ammunition and other uses;
f. Establishment: a device as intended Article 1.1, first and fourth paragraph, of the Environment ;
g. Factory complex, plant and unit: which is understood to be included in Section I, Section 6, of the Verification Annex to the Convention;
h. manufacture of substances: forms of substances by chemical reaction;
process of substances: to apply a physical process, such as formulation, extraction and purification, where the substances are not converted into other substances;
j. Use of substances: to convert into other substances by means of a chemical reaction;
k. Customs Code of the Union: Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (PbEU 2013, L 269);
(l) importation: the introduction of goods into the Netherlands, other than for transit;
m. exports: leaving the Netherlands with goods, other than for transit;
n. International routine inspection: an inspection as referred to in Article VI (3), (4) and (5) of the Convention for verification of compliance;
o. International Day of Exodus Inspection: an inspection as referred to in Article IX, paragraph 8, of the Convention for verification of compliance;
p. International Inspection Team: Inspectors and Inspection Assistants by the Director General of the Organisation for the Prohibition of Chemical Weapons in charge of performing an international routine or diursion inspection;
q. guidance team: the officials designated by Our Minister to accompany the International Inspection Team;
r. Our Minister: Our Minister for Foreign Trade and Development Cooperation;
s. transit: the transport of goods brought into the Netherlands only for the purpose of being transported through the Netherlands to a destination outside the Netherlands.
2 For the purposes of the provisions adopted by or pursuant to this Act, goods referred to in Article 79, first paragraph, of the Union Customs Code shall be deemed to be placed under the customs procedure referred to in Article 79 of the 5, Part 16, point (a) of that Code.
1 The development, production, storage, possession, transfer or use of chemical weapons is prohibited.
2 It shall be prohibited for the development, production, acquisition, storage, transfer or use of chemical weapons toxic substances, including their forerunners, to develop, to produce, otherwise to acquire, available Have, transfer or use.
3 The first paragraph shall not apply where the War Criminal Law Law is applicable.
1 It shall be prohibited to develop, produce, otherwise acquire, store, hold, transfer, or use substances designated by or pursuant to general measures of management. The substances referred to in Article VI (3) of the Convention shall fall within the scope of the substances to be indicated.
2 The first paragraph shall not apply in respect of the manufacture of materials in laboratories of less than 100 grams per year per establishment, where the substances are intended for research purposes or for medical or medical purposes, pharmaceutical use.
3 The first paragraph shall not apply in respect of the development, production, acquisition, storage, holding and use of the substances for the purposes of research, medical, pharmaceutical or protective purposes in a Member State, in particular in the form of a premises designated by Our Minister.
4 Our Minister may grant a waiver from the ban in the first member for:
(a) the production, acquisition, storage, holding and use of the substances for examination or medical or pharmaceutical use in a device other than that referred to in paragraph 3, if the quantity of such substances has been is less than 10 kg per year;
b. the transfer of the substances for the purposes of the A The following shall be referred to an establishment referred to in paragraph 3 and the fourth paragraph of this Article. A , or to a State Party to the Convention, unless the substances are intended for transit to a State which is not a Party to the Convention.
1 The person who has an establishment as intended Article 3, second paragraph , in business, provides to our Minister the data that has been designated by general measure of governance. The information referred to in Section VI (D), paragraphs 13 to 16, of the Convention shall be the data to be indicated. The first sentence shall not apply where the establishment is a hospital.
2 The person who has an establishment as intended Article 3, third paragraph , in business, provides to our Minister the data that has been designated by general measure of governance. The information referred to in Section VI (D), paragraphs 13 to 16, of the Convention shall be the data to be indicated.
3 The person seeking a waiver as intended Article 3, fourth paragraph, point (a) , has obtained, provided to Our Minister the data that has been designated by general measure of governance. The information referred to in the Verification Annex, Section VI (D), paragraphs 17 to 20, of the Convention shall be the data to be indicated.
4 The person seeking a waiver as intended Article 3, fourth paragraph, point (b) , has obtained, provided to Our Minister the data, which has been designated by general measure of governance. The information referred to in Section VI (B), paragraphs 5 and 6 of the Convention shall be the data to be established.
1 The person holding an establishment where substances designated by or pursuant to general management measures are produced, processed or consumed in quantities indicated by that general measure of management, provided to Our Minister the data, which shall be designated by general management measure. The substances referred to in Article VI (4) and (5) of the Convention shall be those substances which are to be indicated. The data to be identified include the data referred to in Section VII (A) of the Verification Annex (A), paragraphs 6 to 8, Section VIII (A), paragraphs 6 to 8, of the Convention.
2 The person holding or holding an establishment where the substances referred to in paragraph 1 have been produced during the period from 1 January 1946 to the date of entry into force of this Act, with the aim of developing chemical weapons, provide to our Minister the information, which has been designated by general management measure. The information referred to in Section VII (A) of Section VII (A) of Section VIII (A), Section 10, of the Convention, shall be the data to be identified.
3 The importing or exporting of the substances referred to in paragraph 1 shall communicate to our Minister the import and export quantities specified by country of origin or destination.
The person holding an establishment as referred to in Article VI (6) of the Convention, where substances designated by or pursuant to a general measure of management are produced in quantities indicated by that measure, Our Minister is the data that has been designated by general measure of administration. The substances referred to in Article VI (6) of the Convention and the data referred to in the Verification Annex, Section IX, paragraphs 4 to 6 of the Convention shall fall within the scope of the substances to be indicated.
The person to whom the Articles 4 to 6 has submitted a notification, records referred to in those Articles shall keep at least up to five years from the date of submission of the notification.
Detailed rules for the implementation of the provisions of the provisions of the rules of management shall be laid down in respect of the Articles 3 to 6 .
1 With the supervision of compliance with or under this law, the officials appointed by the decision of Our Minister shall be responsible.
2 Of a decision referred to in paragraph 1 shall be communicated by means of a decision of the Official Gazette .
Art. 5:20, 2nd paragraph, of the General Law governing law is in respect of the Article 9 designated officials, as well as to officials responsible for the detection of violations of the case of, or pursuant to Article 2 , 3, first paragraph , 4 , 5 , 6 , 7 or 8 Certain, not applicable to the officials referred to in Article 32 of the Working Conditions Act, and Article 5.10 of the General Provisions Act .
1 Our Minister shall designate the head of the accompanying team.
2 The Head of the Accompanying Team shall be empowered, in an international routine or check-out inspection, to claim all the cooperation necessary for the performance of the tasks conferred upon it by the Convention. Inspection team and the accompanying team.
1 The international inspection team is empowered, accompanied by the guidance team and with medenmination of the necessary equipment, in carrying out an international routine inspection plant complexes, factories and units for the purpose. to the extent that it deems necessary for the implementation of that inspection. To that end, the head of the accompanying team shall be able to call for the aid of the strong arm.
2 The international inspection team shall be empowered to enter each place, accompanied by the accompanying team and by means of the necessary equipment, in carrying out an international examination inspection, in so far as it is the responsibility of the Member State to carry out an international inspection mission. Implementation of that inspection is deemed necessary. To that end, the head of the accompanying team shall be able to call for the aid of the strong arm.
3 By way of derogation from Article 1, first paragraph, of the General Act on entering The obligation to legitimise a dwelling in a dwelling prior to the entry and to communicate the purpose of the entry on the members of the accompanying team.
4 By way of derogation from Article 2, first paragraph, of the General Act on entering the international inspection team, accompanied by the accompanying team, shall have the power to enter a dwelling without authorisation without the permission of the occupant.
5 The head of the guidance team shall make the written report provided for in Article 10, first paragraph, of the General Act on entering . In this report, he shall also indicate the names and qualities of the members of the accompanying team and of the inspectors.
The Dutch criminal law applies to the Dutchman who is guilty of acting in violation of or under the law of the Netherlands. Article 2 and Article 3, first paragraph .
This Law shall enter into force on a date to be determined by Royal Decree.
This law is cited as: Convention on Chemical Weapons Convention.
Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Issued at The Hague, 8 June 1995
Beatrix
The Secretary of State for Economic Affairs,
A. of Dok-van Weele
The Minister for Foreign Affairs, a.i.,
H. F. Dijkstal
The Minister of Justice,
W. Sorgdrager
The Minister of the Interior,
H. F. Dijkstal
Published on 4 July 1995The Minister of Justice,
W. Sorgdrager
