Regulation on the implementation of the Convention of 13. January 1993 on the prohibition of chemical weapons.
Date of-1997-05-16-476 Department Ministry of Foreign Affairs Published in 1997 985 16.05.1997 Avd entry into force last modified the Change applies to Norway Pursuant LAW-1994-05-06-10-section 1, LAW-1994-05-06-10-section 3 Announced short title Regulations on the prohibition of chemical weapons Provided by URkgl.res. 16 May 1997 under the legal authority of the Act 6. May 1994 no. 10 on the implementation of the Convention on had decreed against the development, production, Stockpiling and use of chemical weapons as well as the øydelegging of the dei § 1 the second paragraph and section 3 the second paragraph. Promoted by the Ministry of Foreign Affairs.
§ 1. Forskriftens background and purpose according to article VI paragraph 2 of the Convention of 13. January 1993 on the prohibition of chemical weapons (Convention) the duties of any State of the Convention to take the necessary measures to ensure that toxic chemicals and their starting substances are developed, produced, acquired, stored, transmitted or used within its territory or in any other place under its jurisdiction or control for purposes that are not prohibited by the Convention.
With the aim to ensure that such activities are in accordance with the commitments after the Convention, have every right to State Convention to inspect their private companies and businesses that have dealings with toxic chemicals or their starting materials. Inspection right also applies to such activities that are not prohibited under the Convention. After the Convention's article VIII and IX can also the Convention's bodies through an inspection group carry out inspections of such private business with parties to the Convention.
Forskriftens's purpose is. to specify the duties that may be imposed upon inspection after the Convention, who may be ordered these, as well as for which facilities the regulations apply. In addition, given the provisions on confidentiality for those that conduct inspections, if notification of chemicals for plants that have dealings with such, and destruction of chemical weapons.
§ 2. Definitions with the plant be understood areas, installations and other facilities on Norwegian territory or in any other place under Norwegian jurisdiction, which the State does not own or have disposal of, eg. private businesses and factories, and how it is designed, manufactured, stored or used toxic chemicals and their starting substances which will be able to be used as chemical weapons or to produce such weapons.
With chemical weapons is understood the following, together or separately: (a) toxic chemicals and their starting substances, except when they are going to be used for purposes that are not prohibited under this Convention, as long as the types and quantities are consistent with such purposes.
(b) munitions and devices specifically designed to cause death or other harm through the toxic properties of those toxic chemicals specified in letter (a), and, if any, will drop out as a result of the application of such munitions and devices.
(c) any equipment specifically designed for use directly in connection with the application of munitions and devices specified in letter (b).
Toxic chemicals in the Convention's sense is any chemical that can cause death, temporary disability or permanent damage to humans and animals.
The Convention's definition of which chemicals covered, jf. its article II and the Annex on chemicals are added to reason. The same applies to the quantities covered by the Chemicals Convention's provisions, jf. the Convention's Verification Annex part WE, VII, VIII and IX.
With the inspection group be understood either a group of inspectors sent by the Convention's bodies accompanied by representatives of the Norwegian authorities, or a Norwegian inspection group appointed by the Ministry of Foreign Affairs and accompanied by representatives of the Norwegian authorities.
With the representative (s) for the plant be understood in those cases the landowner this has action over the plant, or other legal entity that has such action, eg. the parties, rent or use the facility. In those cases where the facility is organized as a legal person, incumbent duties for the regulation the company's daily management.
§ 3. Facilitation duties upon inspection By the inspection of the plant, the duties of the representatives of the facility in General to facilitate for the inspection so that it can be carried out the most appropriate. They should instruct all personnel that perform the way work at the plant to assist in the necessary extent during the inspection.
Representatives for the plant, among other duties to guide the inspection group of the inspection site and provide access to the facility for the inspection group. The inspection group to have the obligation to abide by the plant's safety regulations etc., and shall be given access to all parts of the plant as it wants to inspect, with the limitations imposed by the Convention's Verification Annex and with regard to the right to protect business and corporate secrets.
§ 4. Information duty Representatives for the plant is obliged to give inspection group prior to and during the inspection information about how the plant is made, about the number of buildings and warehouse locations, and about other relevant conditions so that safety measures and administrative arrangements. The information should be given, if any, with the help of maps and other documentation about the plant.
The inspection team shall have the right to inspect documentation and protocols that it deems relevant to the execution of its mission.
Representatives of the plant to leave the duties on request inspection group to interview all personnel at the plant with the purpose to map out relevant facts. Representatives of the plant may require that such interviews should happen in their presence.
§ 5. Sampling etc. The inspection group to be unobstructed could take the tests and analysis on the plant as it finds necessary to carry out the inspection.
Representatives for the plant will be at the request of the inspection group to help take samples and perform analysis in connection with the inspection, and is obliged to perform work operations in the business if this is necessary for the inspection.
Representatives of the plant to take samples at the request of the inspection group in the presence of inspectors.
section 6. Marking, monitoring equipment, etc. The inspection group should not be prevented from using seals, markings and other procedures as it deems necessary for the control.
The inspection group should not be prevented from using surveillance equipment to monitor the exits from the facility. The inspection group should also not prevented from inspecting utkjøringene from the plant.
At the request of the representatives of the inspection group facility to duties take photographs of the facility.
section 7. Confidentiality Any performing inspection according to the Convention, is obliged to prevent others from access or knowledge of business or business secrets and other confidential information he learns about in connection with the inspection of a facility. Those that perform the inspection nor can even use such information in their own employment.
section 8. Statements from representatives of the plant facility that has chemicals listed in the Convention's Annex on chemicals, including the plants that operate that are not prohibited under the Convention, obligations on the petition from the Norwegian authorities or the Convention's bodies, to give it information about production facilities and chemicals m. v. as follows from the Convention's Verification Annex part WE A, VII A, VIII A and IX A.
§ 9. Obligation to destroy chemical weapons and production means and more representatives of the facility that possesses chemical weapons or production means in violation of this Convention, is obliged to make sure that these be destroyed in accordance with the Convention's provisions, jf. the Convention's Verification Annex part IV and V.
§ 10. The King's delegation empowered by law 6. May 1994 no. 10 on the implementation of the Convention on had decreed against the development, production, Stockpiling and use of chemical weapons as well as the øydelegging of dei, § 1, 2. paragraph and section 3, 2. paragraph is delegated to the State Department.
section 11. Entry into force these regulations shall enter into force immediately.
